IFB 24058 Fern St & Pard Rd Drainage Improvement.pdf

City of Fairfax, Virginia Office of Procurement Services

10455 Armstrong Street Fairfax, Virginia 22030

Title Fern Street & Park Drive Drainage Improvements

Invitation for Bid IFB 24058

Commodity Code 91347 Construction, Sidewalk and Driveway

91350 Construction, Street

91345 Construction Sewer and Storm Drain

91319 Construction, Curb and Gutter

Issue Date February 8, 2024

Pre-bid Conference February 27, 2024 11:00AM Intersection of Fern Street and Park Road, Fairfax VA 22030

Questions Deadline March 5, 2024

Bid Due Date March 13, 2024 @ 3:00PM

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.

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

IFB 24058 GENERAL TERMS AND CONDITIONS

1. SCOPE OF WORK

2. CONTRACT TERM

3. BID SUBMISSION:

4. AWARD

5. BID SURETY:

6. BID ACCEPTANCE PERIOD

7. PROMPT PAYMENT DISCOUNTS

8. PURCHASE ORDER:

9. APPLICABLE LAWS AND COURTS

10. ANTI-DISCRIMINATION

11. ETHICS IN PUBLIC CONTRACTING

12. DEBARMENT STATUS

13. ANTITRUST

14. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS

15. CLARIFICATION OF TERMS

16. INVOICE SUBMITTAL

17. UNREASONABLE CHARGES

18. PRECEDENCE OF TERMS

19. QUALIFICATIONS OF BIDDERS

20. CHANGES TO THE CONTRACT:

21. DEFAULT

22. TAXES

23. ANNOUNCEMENT OF AWARD

24. DRUG-FREE WORKPLACE

25. NONDISCRIMINATION OF CONTRACTORS

26. AVAILABILITY OF FUNDS

27. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH

28. AUDIT

29. INDEMNIFICATION

30. REFERENCES

31. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER

32. Equal Employment Opportunity

33. DAVIS-BACON ACT

IFB 24058 GENERAL TERMS AND CONDITIONS

34. CONTRACT Work Hours and Safety Standards Act

35. Clean Air Act

36. BYRD Anti-Lobbying Amendment

37. Procurement of Recovered Materials

38. Domestic Preferences for Procurements

39. Compliance with Copeland Act Requirements

IFB 24058 CONSTRUCTION TERMS AND CONDITIONS

1. SITE INFORMATION

2. CONSTRUCTION SERVICES AND MATERIAL SPECIFICATIONS:

3. LAWS AND REGULATIONS

4. CONTRACTOR’S LICENSE

5. BUILDING PERMIT

6. PROHIBITION OF ALCOHOL AND OTHER DRUGS

7. TIME FOR COMPLETION

8. CONDITIONS AT SITE

9. CONTRACT SECURITY

10. SUBCONTRACTS

11. CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

12. TAXES, FEES AND ASSESSMENTS

13. ARCHITECT/ENGINEER’S STATUS

14. INSPECTION

15. SUPERINTENDENCE BY CONTRACTOR

16. CONSTRUCTION SUPERVISION, METHODS AND PROCEDURES

17. SCHEDULE OF THE WORK

18. SCHEDULE OF VALUES AND CERTIFICATE FOR PAYMENT

19. ACCESS TO WORK

20. SURVEYS AND LAYOUT

21. PLANS AND SPECIFICATIONS

22. SUBMITTALS AND PROJECT RECORDS

23. FEES, SERVICES AND FACILITIES

24. EQUALS

25. AVAILABILITY OF MATERIALS

26. CONTRACTOR’S TITLE TO MATERIALS

27. STANDARDS FOR MATERIALS INSTALLATION & WORKMANSHIP

28. WARRANTY OF MATERIALS AND WORKMANSHIP

29. USE OF SITE AND REMOVAL OF DEBRIS

30. SIGNS

31. PROTECTION OF PERSONS AND PROPERTY

32. CLIMATIC CONDITIONS

IFB 24058 CONSTRUCTION TERMS AND CONDITIONS

33. PAYMENTS TO CONTRACTOR

34. RETAINAGE

35. CHANGES IN THE WORK

36. EXTRAS

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

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

39. TERMINATION BY OWNER FOR CONVENIENCE

40. DAMAGES FOR DELAYS; EXTENSION OF TIME

41. INSPECTION FOR SUBSTANTIAL COMPLETION & FINAL COMPLETION

42. GUARANTEE OF WORK AND INDEMNIFICATION

43. ASSIGNMENTS

44. CONTRACTUAL DISPUTES

45. PROJECT MEETINGS

46. DEFINITIONS

IFB 24058

GENERAL TERMS AND CONDITIONS

1. SCOPE OF WORK: The purpose of this project is to construct approximately 550 LF of curb/gutter, storm-water pipes, and associated structures along the Fern St and Park Rd. The project area starts from Fern St and Oakwood Dr intersection and extends north on east site of Fern St to a portion of Park Rd. The project also includes constructing driveway aprons and replacing asphalt pavement along designated areas. See attached project plans for more details. Owner will provide construction inspection and material testing services. The contractor shall be responsible for taking necessary measures to minimize traffic disruption and residents' access to their property and complete the project on schedule.

2. CONTRACT TERM: The term of the contract shall be 90 days from notice to proceed.

3. BID SUBMISSION: Bidders shall complete the IFB 24058 Bid Submission Form and the IFB 24058 Bid Form and attach each document to its eVA bid submission. Sealed Bids shall be received and time stamped online through the eVA website, no later than March 13, 2024 @ 3:00 p.m., (“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 and paper and/or email bids will not be accepted. Any paper or email 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.

4. 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.

5. BID SURETY:

A fully completed and properly executed original Bid Bond, cashier's check, certified check, money order, or cash escrow in the amount of five percent (5%) of the amount of the bid made payable to the Treasurer of the City shall accompany each bid. Bid Surety may be retained until after the award to the successful bidder is made. The Bid Surety of the successful bidder shall be retained until completion of the Contract or the posting of a Performance Bond, whichever occurs sooner.

A bid submitted without a bid surety, or with a bid surety in an amount less than the required amount, shall be rejected. The posted form shall be utilized for submission of bid bonds.

6. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (120) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

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

8. 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.

9. 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.

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

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

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

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

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

d. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the City may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment regardless of whether the specific contract is terminated.

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

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. INVOICE SUBMITTAL:

Invoices shall be submitted to:

City of Fairfax – Accounts Payable or accountspayable@fairfaxva.gov and Ann de la Torre at ann.delatorre@fairfaxva.gov 10455 Armstrong Street, Suite 312 Fairfax, VA 22030

17. 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.

18. 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 Construction Terms and Conditions in this solicitation, the Construction Terms and Conditions shall apply.

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

20. 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.

21. 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.

22. 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.

mailto:accountspayable@fairfaxva.gov mailto:ann.delatorre@fairfaxva.gov

23. 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).

24. 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.

25. 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.

26. 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.

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

27. 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.

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

29. 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.

30. REFERENCES: Bidders shall provide a list of at least 3 references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number.

31. 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.

32. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

33. DAVIS-BACON ACT, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by the City must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.

34. CONTRACT Work Hours and Safety Standards Act (40 U.S.C. 3701-3708): Where applicable, all contracts awarded by the City in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.4#p-60-1.4(b) https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12935 https://www.ecfr.gov/current/title-3 https://www.ecfr.gov/current/title-3/part-1964 https://www.ecfr.gov/current/title-41/part-60 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3701 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704

35. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended: Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

36. BYRD Anti-Lobbying Amendment (31 U.S.C. 1352): Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

37. Procurement of Recovered Materials: Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352 https://www.ecfr.gov/current/title-40/part-247

38. Domestic Preferences for Procurements:

a) As appropriate and to the extent consistent with law, the City should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

b) For purposes of this section:

i. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

ii. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

39. Compliance with Copeland Act Requirements:

The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract.

CONSTRUCTION TERMS AND CONDITIONS

1. SITE INFORMATION

Site information is contained in the IFB 24058 Construction Documents, which is attached to, and incorporated within the terms and conditions of this solicitation.

2. CONSTRUCTION SERVICES AND MATERIAL SPECIFICATIONS:

The Contractor shall provide all construction services and materials as specified in IFB 24058

Construction Documents and IFB 24058 Jellyfish Standard Specification, which are attached to, and incorporated within the terms and conditions of this solicitation.

3. 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.

f. 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 Agency and Contractor are entitled to injunctive relief to prevent any violation of this section.

g. This section does not prohibit an employer or any other person covered by the National Labor Relations Act or the Railway Labor Act from entering into agreements or engaging in any other activity protected by law. This section shall not be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act or the Railway Labor Act.

4. CONTRACTOR’S LICENSE

Class A contractor’s license required.

5. BUILDING PERMIT

a. The City of Fairfax, codes or zoning ordinances apply to Work at the Site. The Building Permit will be obtained and paid for by the Owner. All other permits, local license fees, business fees, taxes, or similar assessments imposed by the appropriate political subdivision and the Department of Environmental Quality shall be obtained and paid for by the Contractor.

b. The Contractor, if not licensed as an asbestos abatement contractor in accordance with Code of

Virginia, § 54.1-514, shall have all asbestos-related Work performed by Subcontractors who are duly licensed as asbestos contractors for the Work required.

c. 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.

d. 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.

6. 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.

7. TIME FOR COMPLETION

a. The Contractor shall achieve Substantial Completion on or before the Contract Completion Date (90 days following notice to proceed). Unless otherwise specified, the Contractor shall achieve Final Completion within thirty (30) 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. Contractor agrees that if Substantial Completion is not achieved by the Contract Completion

Date, then Contractor shall pay the amount of $600 per day to Owner for each day beginning on the first day after the Substantial Completion Date up to but not including the Contract Completion Date.

d. 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.

e. 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.

8. CONDITIONS AT SITE

The Contractor shall have visited the Site prior to submitting its bid 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 conditions of a building being modified 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 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 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.

9. CONTRACT SECURITY

The Contractor shall deliver to the Owner, a City of Fairfax Standard Performance Bond and a City of Fairfax Standard Labor and Material Payment Bond each fully executed by the Contractor and one or more surety companies legally licensed to do business in Virginia and each in an amount equal to one hundred percent (100%) of the Contract Price. If more than one Surety executes a bond, each shall be jointly and severally liable to the Owner for the entire amount of the bond. Sureties shall be selected by the Contractor, subject to approval by the Owner. No payment on the Contract shall be due and payable to the Contractor until the bonds have been approved by the Owner and the Office of the City Attorney.

For the purposes of all Standard Labor and Material Payment Bonds entered into, the term “subcontractors” as used in § 2.2-4337(A)(2)of the Code of Virginia is interpreted to mean any Subcontractors at any tier who participated in the prosecution of the Work undertaken by the Contractor (referred to in § 2.2-4337(A)(2) of the Code of Virginia as the “prime contractor”), whether such Subcontractor had a direct contract with the Contractor (prime contractor) or another Subcontractor, regardless of whether there were one or more other intervening Subcontractors contractually positioned between it and the Contractor (prime contractor).

Code of Virginia § 2.2-4338 allows for alternative forms of security in lieu of payment and/or performance bonds. No alternative forms of security shall be allowed unless approved in writing by Owner prior to Contractor’s submission of its Bid or proposal.

Mechanic’s liens may not be filed or recorded on Owner, Agency, or City property. The Contractor shall keep the Owner’s property free and clear from all mechanic’s liens. The Contractor shall, upon Notice from the Owner, cause any liens filed or recorded to be released within ten (10) Days from Notice at its cost and expense; and if the Contractor fails to do so, the Owner shall have the right, but not the obligation, to cause such lien to be released by bonding or otherwise, and the Contractor shall indemnify and hold harmless the Owner from all costs and expenses incurred or to be incurred as a result, including bond premiums, court costs and attorneys’ fees arising from or related to such liens. At the Owner’s option, it may withhold payment of any sums due the Contractor until any such liens are released, and may deduct such costs or expenses from any payment then due or thereafter becoming due from the Owner to the Contractor.

10. 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’…