IFB 25-85-3249AM_PROJECT MANUAL.pdf

PROJECT MANUAL

FOR

INVITATION FOR BID NO. 25-85-3249AM

VET SCIENCE & ENGINEERING LAB RENOVATIONS

HANOVER HIGH SCHOOL

HANOVER COUNTY PUBLIC SCHOOLS

ASHLAND, VIRGINIA

December 20, 2024

Prepared by:

RRMM Architects

115 South 15th Street

Suite 502

Richmond, Virginia 23219

Phone (804) 277-8987

VET SCIENCE & ENGINEERING LAB RENOVATIONS RRMM PROJECT NO. 19254-16

PROJECT DIRECTORY 1

PROJECT DIRECTORY

OWNER: Hanover County Public Schools 200 Berkley Street Ashland, Virginia 23005 Owner’s Representative: Amanda Washington Phone: (804) 365-4573

ARCHITECT: RRMM Architects 115 South 15th Street, Suite 502 Richmond, Virginia 23219 Project Manager: Dan Weigand, Architect Phone: (804) 277-2633 E-Mail: dweigand@rrmm.com

PME ENGINEERS: Simmons Rockecharlie & Prince 10150 Staples Mill Road, Suite A Glen Allen, Virginia 23060 Project Engineer: Tom Rockecharlie, III Phone : (804) 262-7323 E-Mail: TRockecharlie3@SPRENG.com

VET SCIENCE & ENGINEERING LAB RENOVATIONS RRMM PROJECT NO. 19254-16

PROJECT DIRECTORY 2

THIS PAGE INTENTIONALLY LEFT BLANK

TABLE OF CONTENTS TOC-1

VET SCIENCE AND ENGINEERING LAB RENOVATIONS

INVITATION FOR BID NO. 25-85-3249AM

TABLE OF CONTENTS

BIDDING REQUIREMENTS

Section 0020 - Invitation For Bid

Section 00030 – General Terms and Conditions

Section 0030 – Special Terms and Conditions

Vendor Data Sheet

State Corporation Commission Form

Attachment C - Contractor Certification Relating to Background Checks, Hanover County Public Schools

Bid Form

Prebid Question Form

Instructions to Bidders (AIA Document A701, 2018 Edition)

Hanover County’s Amendments to AIA Document A701-2018 Instructions to Bidders

Sample Forms

Contractor's Qualification Statement (AIA Document A305, 1986 Edition)

Bid Bond (AIA Document A310, 2010 Edition)

CONTRACT DOCUMENTS

General Conditions of the Contract for Construction (AIA Document A201, 2017 Edition)

Supplementary General Conditions* Hanover County’s Amendments to AIA A201, General Conditions of the Contract for Construction – 2017 Edition

Standard Form of Agreement between Owner and Contractor (AIA Document Al01, 2007 Edition)

Performance Bond (AIA Document A312, 2010 Edition)

Payment Bond (AIA Document A312, 2010 Edition)

Subcontractor and Material Supplier Affidavit for Partial Payment

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

000120 LIST OF DRAWINGS

011000 SUMMARY

012100 ALLOWANCES

012300 ALTERNATES

012500 SUBSTITUTION PROCEDURES

012600 CONTRACT MODIFICATION PROCEDURES

012900 PAYMENT PROCEDURES

013100 PROJECT MANAGEMENT AND COORDINATION

013200 CONSTRUCTION PROGRESS DOCUMENTATION

013300 SUBMITTAL PROCEDURES

014000 QUALITY REQUIREMENTS

014200 REFERENCES

015000 TEMPORARY FACILITIES AND CONTROLS

TABLE OF CONTENTS TOC-2

016000 PRODUCT REQUIREMENTS

017300 EXECUTION

017310 CUTTING AND PATCHING

017700 CLOSEOUT PROCEDURES

017823 OPERATION AND MAINTENANCE DATA

017839 PROJECT RECORD DOCUMENTS

017900 DEMONSTRATION AND TRAINING

DIVISION 2 - EXISTING CONDITIONS

024119 SELECTIVE DEMOLITION

024120 MOVING OF EXISTING FURNITURE AND EQUIPMENT

DIVISION 3 – CONCRETE

033000 CAST-IN-PLACE CONCRETE

DIVISION 4 – MASONRY

042000 UNIT MASONRY

DIVISION 5 – METALS

055000 METAL FABRICATIONS

DIVISION 6 – WOOD AND PLASTICS

061000 ROUGH CARPENTRY

064116 PLASTIC-LAMINATE-CLAD ARCHITECTURAL CABINETS

DIVISION 7 – THERMAL AND MOISTURE PROTECTION

071113 BITUMINOUS DAMPPROOFING

071326 SELF-ADHERING SHEET WATERPROOFING

072100 THERMAL INSULATION

072500 WEATHER BARRIERS

076200 SHEET METAL FLASHING AND TRIM

078413 PENETRATION FIRESTOPPING

079200 JOINT SEALANTS

DIVISION 8 – OPENINGS

TABLE OF CONTENTS TOC-3

081113 HOLLOW METAL DOORS AND FRAMES

081416 FLUSH WOOD DOORS

084113 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

087100 DOOR HARDWARE

088000 GLAZING

DIVISION 9 – FINISHES

092216 NON-STRUCTURAL METAL FRAMING

092900 GYPSUM BOARD

095113 ACOUSTICAL PANEL CEILINGS

096513 RESILIENT BASE

096519 RESILIENT TILE FLOORING

096723 RESINOUS FLOORING (ADDITIVE ALTERNATE)

099123 INTERIOR PAINTING

DIVISON 10 – NOT USED

DIVISION 11 – EQUIPMENT

113100 RESIDENTIAL APPLIANCES

DIVISIONS 12 THROUGH 21

NOT USED

DIVISION 22 – PLUMBING

221116 WATER DISTRIBUTION PIPING

221316 DRAINAGE AND VENT SYSTEMS

224000 PLUMBING FIXTURES

DIVISION 23 – MECHANICAL

230000 BASIC MECHANICAL REQUIREMENTS

230500 BASIC MECHANICAL MATERIALS AND METHODS

230529 HANGERS AND SUPPORTS

230553 MECHANICAL IDENTIFICATION

230593 TESTING, ADJUSTING, AND BALANCING

233113 METAL DUCTS

233300 DUCT ACCESSORIES

233713 DIFFUSERS, REGISTERS, AND GRILLES

TABLE OF CONTENTS TOC-4

DIVISION 26 – ELECTRICAL

260400 BASIC ELECTRICAL REQUIREMENTS

260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS

260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS

262726 WIRING DEVICES

262816 ENCLOSED SWITCHES

265119 LED INTERIOR LIGHTING

265213 EMERGENCY AND EXIT LIGHTING

265619 LED EXTERIOR LIGHTING

END OF TABLE OF CONTENTS

BIDDING REQUIREMENTS

IFB 25-85-3249AM HHS VET SCIENCE AND ENGINEERING LAB RENOVATIONS HANOVER COUNTY, VA

SECTION 0020

10307 CHAMBERLAYNE ROAD, MECHANICSVILLE, VA 23116

INVITATION TO BID # 25-85-3249AM

HANOVER COUNTY, VIRGINIA

Sealed Bids, in accordance with the Bid Documents, will be received prior to 2:00 P.M., February 4, 2025 at the Hanover County Finance and Management Services Department (Purchasing Division). Bids received will be publicly opened and read aloud in the same location, on the same day, immediately thereafter. Any adjustments to the bid written on the outside of the bid envelope will not be considered. Bids received after the above time shall not be considered. The time a bid is received shall be determined by the time stamped by the time clock in the Purchasing Division. Bidders are responsible for ensuring that County personnel stamp their bids by the deadline indicated. In the event this time clock is not functioning, the time shall be determined by time displayed on the landline telephone nearest to the time clock. The time on the telephone will be written on the bid by hand, by County staff. Should the County be officially closed at the time the bid is due or pre-bid conference is scheduled, the bid due date or pre-bid conference date shall automatically be changed to the same time on the next day the County is officially open at that time. Bids must be submitted prior to the date and time stated above to:

BY MAIL: OR BY EXPRESS MAIL OR HAND DELIVERED:

County of Hanover County of Hanover Purchasing Division Purchasing Division P.O. Box 470 7507 Library Drive, 2nd Floor Hanover, Virginia 23069-0470 Hanover, Virginia 23069

The project is generally described as providing all labor, materials, supplies, tools, equipment, transportation and all incidentals required and/or implied for the complete and satisfactory performance necessary for the renovation of three existing classroom/lab spaces to create a Vet Science Lab and an Engineering Lab at Hanover High School, 10307

Chamberlayne Road, Mechanicsville, VA 23116. All work shall be provided in accordance with the Project Manual and associated Contract Drawings.

OPTIONAL PRE-BID CONFERENCE:

A. An optional pre-bid conference for this project will be held at Hanover High School, 10307 Chamberlayne Road, Mechanicsville, VA 23116 at 3:00 P.M. on January 13, 2025. Attendance is not mandatory, but highly encouraged. If special ADA accommodations are needed, please contact Amanda Washington at (804) 365-4573 or awashington@hcps.us, no less than twenty-four (24) hours in advance of the conference to make necessary arrangements.

B. The purpose of this conference is to allow potential Bidder’s an opportunity to present questions and obtain clarification relative to any facet of this solicitation. While attendance at this conference will not be a pre-requisite to submitting a bid, Bidders who intend to submit a bid are encouraged to attend. Questions/answers discussed during the pre-bid conference will not be considered as final unless submitted in writing to Angela Melton and the A&E for an official response in the form of an addendum for all to receive. Any failure by the Bidder to acquaint themselves with the available information will not relieve them from responsibility for properly estimating the cost of successfully performing the work. The County shall not be responsible for any conclusions or interpretations made by the Bidder of the information made available by the County. By submitting a bid, the Bidder acknowledges that they have investigated and satisfied themselves as to the conditions affecting the work, including, but not restricted to, those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, and electric power.

Beginning December 20, 2024, Bidders may obtain electronic copies of the Project Manual and Contract Drawings at no charge by visiting the RRMM Info Exchange website:

https://infoexchange.rrmm.com/UserWeb/Login/Login.aspx?v=0

1. Users shall enter their email address, provide a password, and then follow the on-screen instructions.

2. When the above steps are complete, access to the electronic document files can be obtained as needed.

In order for the Architect to maintain an accurate list of plan holders (General Contractors only), each General Contractor shall register as a plan holder by sending an email to dweigand@rrmm.com with all of the following information:

Project Name:

Hanover High School Vet Science and Engineering Lab Renovations

Project Location:

10307 Chamberlayne Road Mechanicsville, VA 23116

General Contractor Company Name:

Contact Name:

Email Address:

Physical Address:

Mailing Address:

Telephone Number: Fax Number:

ADDENDA, COPIES OF PROJECT MANUALS AND DRAWINGS:

A. All questions about the meaning or intent of the Bid Documents or Contract Documents shall be submitted to Angela

Melton and the A&E in writing. In order to receive consideration, questions should be received by the A&E prior to 2:00 P.M., January 27, 2025. Any changes made to the written requirements of the Bid Documents shall be made by written addendum only.

B. Any interpretations of questions so raised, which in the opinion of the A&E require interpretations, will be issued by Addenda mailed or delivered to all parties recorded by A&E as having received the Bid Documents not later than seven

(7) days prior to the date fixed for the receipt of Bids. An Addendum extending the date for the receipt of Bids or an Addendum withdrawing the Invitation for Bid may be issued any time prior to the date set for the receipt of Bids. A&E and OWNER will not be responsible for oral interpretations or clarifications that anyone presumes to make on their behalf.

C. Addenda to the project, if any, will also be posted to the listed website. As a courtesy, the Architect will make all attempts to notify those entities that have registered as plan holders the status of Addenda posting via email; however, irrespective of whether such notice is given, or received, each bidder is responsible for visiting the website and determining if any Addenda have been issued prior to submitting a bid for this project. All Addenda, if any, shall be acknowledged in the designated location on the Bid Form.

D. The OWNER may issue such additional Addenda as may be necessary to clarify, correct or change the Bid Documents or the Contract Documents. Each Bidder shall be responsible for determining that all Addenda issued for the Invitation for Bid have been received before submitting its Bid for the Work.

E. Each Bidder shall ascertain prior to submitting its Bid that it has received all Addenda issued and shall acknowledge receipt of each Addendum on the BID FORM. Bidders and Sub-bidders shall promptly notify the A&E of any ambiguity, inconsistency or error which they may discover upon examination of the Bid and Contract Documents or of the site and local conditions.

F. If the Bidder (or any person bidding to Bidder and/or subsequently in contract with the Bidder, relating to the subject project) knows, or should have known, that an ambiguity, discrepancy, error, omission or conflicting statement exists in the Bid or Contract Documents, said Bidder (or sub-bidder) has an obligation to seek a clarification thereof from the A&E prior to Bid. The OWNER will welcome such a clarification request, and, if deemed necessary, the A&E or OWNER will issue a written Addendum clarifying the matter in question. Should the Bidder fail to seek such a clarification prior to Bid, Bidder thereby waives, and agrees to indemnify and hold the OWNER harmless from, any claim, suit or cause of action arising out of or related to such ambiguity, discrepancy, error, omission or conflicting statement which the Bidder (and any person bidding to Bidder and/or subsequently in contract with Bidder, relating to the subject project) knew or should have known existed at the time of Bid.

BID MODIFICATION AND/OR WITHDRAWAL:

A. A Bid may be modified by the Bidder any time prior to the time and date set for the receipt of Bids. The Bidder shall provide Angela Melton, Contract Manager written notice of its intentions at the time of the request to modify the Bid is given. Modified Bids may be resubmitted up to the date and time set for the receipt of Bids. Telephone or facsimile modification of Bids shall not be accepted.

B. Any bid in response to this solicitation shall be valid for ninety (90) days. At the end of the ninety (90) 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.

C. Upon proper request and identification, Bids may be withdrawn at any time prior to the date and time set for the receipt of Bids. After the date and time set for the receipt of Bids, Bids may be withdrawn in accordance with Section 2.2- 4330B(1) of the Code of Virginia.

BID SECURITY:

A. If the total bid price, including any add alternates and not excluding any deduct alternates, exceeds $100,000, the Bid shall be accompanied by Bid security in the amount of five (5%) percent of the Bid amount in the form of a Bid Bond from a Surety legally authorized to do business in Virginia, or a cashier's check, or certified check payable to HANOVER COUNTY, VIRGINIA; AIA DOCUMENT A310-2010 or latest version may be used for this purpose. The Bid Bond shall be enclosed in the sealed envelope containing the Bid. The Bidder shall require the attorney-in-fact that executed the Bid Bond on behalf of the surety company to affix thereto a certified and current copy of the power of attorney. The Bidder shall pay the cost of providing the Bid security.

B. The Bid security is a guarantee that if the contract is awarded by the OWNER to the Bidder, the Bidder shall enter into the contract with the OWNER for the Work mentioned in the Bid or forfeit the Bid security to the OWNER, not as a penalty, but as liquidated damages.

C. Unless it shall become the property of, or payable to, the OWNER, the Bid security shall be returned to the Bidder, upon request, as hereinafter provided. Bid Bonds will be returned to all except the low Bidder within five business days after the OWNER and the Bidder have executed the contract. In the event the contract has not been fully executed within ninety (90) consecutive calendar days after the opening of Bids, the Bid security of any Bidder who has not been notified of the acceptance of its Bid will be returned promptly upon request.

D. If you are using a certified check, cashier’s check or cash escrow as your bid bond, a physical copy of your bid will need to be submitted by the posted due date and time to be considered for award. If your bond is in a form other than those mentioned, an electronic version of the document is acceptable. You should submit the electronic version in eVA along with your bid and send the original to the purchasing office. The original that is sent by mail must be postmarked on or before the due date.

PERFORMANCE AND PAYMENT BOND: For any contract awarded exceeding $100,000 a Performance Bond and Payment Bond (AIA DOCUMENT A312-2010 or latest version), each in an amount equal to one-hundred (100%) percent of the contract amount, is required.

HANOVER COUNTY (COUNTY/OWNER)

ISSUED BY: Angela Melton, Contract Manager

Finance and Management Services Department, Purchasing Division

Chenault-Weems Building

7507 Library Drive, 2nd Floor * P.O. Box 470

Hanover, VA 23069-0470

Telephone: 804-365-6061 or 6015 * Facsimile: 804-365-6100

Email: apmelton@hanovercounty.gov Website: http://www.hanovercounty.gov/

END OF SECTION

Hanover County

General Terms & Conditions

1.1 eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, web site portal www.eva.virginia.gov streamlines and automates government purchasing activities. All vendors desiring to provide goods and/or services to the County shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All Offerors must register in eVA, failure to register may result in the proposal being rejected. The County advertises all competitive solicitations on eVA but does not issue purchase orders through eVA unless required to by the terms and conditions of a state issued contract.

1.2 ACCEPTANCE OF GOODS/SERVICES: Goods/services delivered shall remain the property of the Contractor until a physical inspection or actual usage of the goods/services is made and thereafter accepted to the satisfaction of the County. The goods/services must comply with the specifications and terms and conditions of this solicitation and be of the highest quality. In the event the goods/services supplied to the County are found to be defective or not to conform to specifications, the County reserves the right to cancel the contract upon written notice to the Contractor and return products to Contractor at the Contractor's expense.

1.3 ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the County will publicly post such notice on the DGS/DPS eVA VBO website (www.eva.virginia.gov) for a minimum of 10 days.

1.4 ANTI-DISCRIMINATION: By submitting their proposals, Offerors certify to the County 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).

In every contract over $10,000 the provisions in A and B below apply:

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

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

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, will state that such Contractor is an equal opportunity employer.

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

B. The Contractor will include the provisions of (A) above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

1.5 APPLICABLE LAWS AND COURTS: This solicitation is governed by the laws of the Commonwealth of

Virginia. Any dispute or controversy arising out of or relating to this solicitation or otherwise shall be brought in the Hanover County Circuit Court or in the United States District Court for the Eastern District of Virginia, Richmond Division; provided, however, that prior to the instigation of any such action (other than an action for equitable relief) a meeting shall be held at a mutually agreed upon location, attended by individuals with decision-making authority to attempt in good faith to negotiate a resolution of the dispute.

1.6 ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County.

1.7 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 County, whichever is sooner. The County or its authorized representative shall have full access to and the right to examine any of said materials during said period. The Contractor shall include the provisions above in every subcontract or purchase order, so that the provisions will be binding upon each subcontractor or vendor.

1.8 AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of lawfully appropriated funds.

1.9 BID PRICE CURRENCY: Unless stated otherwise in this solicitation, Offerors shall state offer prices in US dollars.

1.10 BIDDER, OFFEROR AND CONTRACTOR COMPLIANCE: All Bidders, Offerors and Contractors shall comply with the Virginia Public Procurement Act, (Code of Virginia § 2.2-4300, et seq.), and all applicable

County policies, regulations and procedures adopted pursuant thereto.

1.11 CONTRACT CHANGES: Any changes to the contract must be approved through issuance of a written contract addendum or change order. The County will not assume responsibility for the cost of any changes made without issuance of a written contract addendum or change order.

1.12 CONTRACTOR’S PERFORMANCE:

A. The Contractor agrees and covenants that its agents and employees shall comply with all County, State and Federal laws, rules and regulations applicable to the business to be conducted under the Contract.

B. During the performance of this contract, the Contractor shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.

C. The Contractor shall cooperate with County officials in performing the Contract work so that interference with normal operations will be held to a minimum.

1.13 CONTRACTUAL CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Any notice or claim shall be delivered to: Director, Finance and Management Services Department, 7507 Library Drive, Hanover, VA 23069-0470 and shall include a description of the factual basis for the claim and a statement of the amounts claimed or other relief requested. The County Administrator will render a decision on the claim and will notify the Contractor within 30 days of receipt of the claim. The Contractor may appeal the decision of the County Administrator to the Board of Supervisors by providing written notice to the County Administrator, within 15 days of the date of the decision. The Board of Supervisors shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision shall be final unless the Contractor appeals the decision in accordance with the Virginia Public Procurement Act.

Invoices for all services or goods provided by the Contractor shall be delivered to the County no later than

30 days following the conclusion of the work or delivery of the goods.

1.14 DEBARMENT STATUS: By submitting their proposals, Offerors certify that they are not currently debarred by the County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

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

1.16 DEFINITION OF COUNTY: The Purchasing Division of the Finance and Management Services Department provides purchasing support for Hanover County Government, Hanover County School Board, Pamunkey

Regional Jail and Pamunkey Regional Library, hereinafter referred to as County. Any contract issued as a result of this solicitation shall be available for the use of any or all of these entities unless otherwise stated in the solicitation.

1.17 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 a controlled substance or marijuana during the performance of the contract.

1.18 ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, Offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with their proposal, 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.

1.19 FINANCIAL STATEMENTS: All Offerors, by submission of a response to this solicitation, agree to provide the County, within 10 calendar days of the County’s request, a copy of its most recent audited financial statement(s), and those of any of its parent companies and/or subsidiaries having material influence on the goods/services provided, or to be provided, under the resultant contract with the County. The financial statement(s) shall be accompanied by a letter signed by, as applicable to the type of business, a corporate officer, partner, or owner, stating that the accompanying financial statement(s) is/are complete and is/are the most recent audited financial statement(s) available. The financial statement(s) shall be provided at no charge to the County, and the County shall be under no obligation to return the financial statement(s). The Contractor chosen as a result of this solicitation shall include this same provision in the contracts of all subcontractors and any other entity providing goods or services related to the County contract, so as to guarantee the County’s rights to obtain financial statements. Should the Contractor fail to ensure the County’s rights under this section, the Contractor shall be liable to the County for all reasonable costs and expenses the County may incur in obtaining financial statements which would have otherwise been available under the provisions of this section.

1.20 FORCE MAJEURE: If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God , or specific cause reasonably beyond the party’s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of Force

Majeure shall rest solely with the County.

1.21 IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that they do not, and shall not during the performance of the contract, knowingly employ an unauthorized alien as defined in the

Federal Immigration Reform and Control Act of 1986.

1.22 INDEMNIFICATION: Contractor agrees to indemnify the County, its officers, agents, and employees for any loss, liability, cost (including attorney’s fees), 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 County or to failure of the County to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered. The County will not agree to indemnify the Contractor.

1.23 INDEPENDENT CONTRACTOR: The Contractor is an independent Contractor and nothing contained in the contract shall constitute or designate the Contractor or any of its agents or employees as employees of the

County.

1.24 LICENSES AND PERMITS: The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Contractor’s work which are legally required prior to and during the work, including software licenses or other intellectual property permissions, unless otherwise specified by the County.

1.25 MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Failure to submit a proposal on the official County form provided for that purpose may be a cause for rejection of the proposal.

Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

1.26 NOTIFICATION: Any notice required by the contract shall be effective if given by registered mail, return receipt requested, to the Contractor in the name and at the address given in their proposal; provided that change of address shall be effective if given in accordance with this paragraph. Unless otherwise specified, any notice to the County shall be given to: County of Hanover, Director, Finance and Management Services

Department, P. O. Box 470, Hanover, VA 23069-0470. The Contractor agrees to notify the County immediately of any change of legal status or of address.

1.27 PAYMENT:

A. To Prime Contractor:

1. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number and/or purchase order number; social security number (for individual Contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2. 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.

3. In those cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made (Code of Virginia, § 2.2-4353).

4. 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 researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the County shall promptly notify the Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve the

County of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

B. To Subcontractors:

1. A Contractor awarded a contract under this solicitation is hereby obligated:

a. To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the County for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

b. To notify the County and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

2. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month (unless otherwise provided under the terms of the contract) on all amounts owed by the

Contractor that remain unpaid seven (7) days following receipt of payment from the County, except for amounts withheld as stated in (b) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier Contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the County.

C. The County encourages Contractors to accept electronic and credit card payments.

1.28 PRECEDENCE OF TERMS: The following General Terms and Conditions; ANTI-DISCRIMINATION, APPLICABLE LAWS AND COURTS, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM

AND CONTROL ACT OF 1986, DEBARMENT STATUS, MANDATORY USE OF COUNTY FORM AND

TERMS AND CONDITIONS, 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.

1.29 QUALIFICATIONS OF OFFERORS: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the

Offeror shall furnish to the County all such information and data for this purpose as may be requested. The

County reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The County further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the County that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

1.30 ROYALTY AND LICENSE FEES AND COPYRIGHT, TRADEMARK AND PATENT PROTECTION:

A. By submitting their proposal, Offerors certify that there will be no violation of copyrights or patent rights in manufacturing, producing, or selling the commodities or services to be ordered as a result of this solicitation.

B. Unless specified otherwise in the contract, the Contractor shall pay all royalty and license fees relating to the items covered by the contract.

C. In the event any third party shall claim that the manufacture, use and sales of these goods offered hereby constitutes an infringement of any copyright, trademark, or patent, the Contractor shall indemnify and hold harmless the County from any cost, expense, damage or loss incurred in any manner by the County on account of such alleged infringement.

1.31 SEVERABILITY: Each paragraph and provision of the resultant contract will be severable from the entire agreement and if any provision is declared invalid, the remaining provisions shall remain in effect.

1.32 STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: In accordance with Code of

Virginia § 2.2-4311.2 subsection B, a Offeror organized or authorized to transact business in the

Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any 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 shall include in its proposal a statement describing why the Offeror is not required to be so authorized. Indicate the above information on the SCC Form provided (Attachment B).

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 County’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the

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.

1.33 TAXES: The County is exempt from Federal Excise and State Sales and Use Tax on all tangible personal property purchased or leased by it for its use or consumption. The Contractor shall pay all County, City, State and Federal taxes required by law enacted at the time proposals are received and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be added to the contract price between the County and the Contractor, as the taxes shall be an obligation of the Contractor and not of the County, and the County shall be held harmless for same by the Contractor. Exemption certification will be supplied upon request.

1.34 TERMINATION FOR CONVENIENCE: Unless otherwise stated, any resultant contract may be terminated, in whole or in part, whenever the County determines that such a termination is in its best interests. Any such termination shall become effective on the date stated in a written notice of termination to the Contractor sent at least five days prior to the stated termination date. The notice of termination shall state the extent to which performance shall be terminated. The Contractor shall be paid for all goods delivered or services successfully completed prior to the termination date.

1.35 TESTING AND INSPECTION: The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

IFB 25-85-3249AM HHS VET SCIENCE AND ENGINEERING LAB RENOVATIONS HANOVER COUNTY, VIRGINIA

SECTION 0030

SPECIAL TERMS AND CONDITIONS

1. AWARD OF CONTRACT: An award will be made to the lowest responsive and responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bid Documents and does not exceed the funds available.

The Bidder to whom the contract is awarded shall, within fifteen (15) days after prescribed documents are presented for signature, execute and deliver to the OWNER the Contract Documents and any other forms or bonds required by the Bid. Otherwise, the County may award the Bid to the next lowest responsive and responsible Bidder and keep the Bidders Bid security, if any.

2. NEGOTIATION WITH THE LOWEST BIDDER: It is understood and agreed between the parties herein that the

OWNER shall be bound hereunder only to the extent of lawfully appropriated funds. Unless all bids are cancelled or rejected, the County reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible Bidder to obtain a contract price within the funds available to the County whenever such low bid exceeds the County’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by the County for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low Bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The County shall initiate such negotiations by notifying the lowest responsive, responsible Bidder that its bid exceeds the available funds and that the County wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the County and the Bidder.

3. PREPARATION AND SUBMISSION OF BIDS: Sealed Bids, in accordance with the Bid Documents, will be received on the date and at the time indicated in this Project Manual, unless changed by Addendum.

A. Bids shall be submitted on the BID FORM provided in the Bid Documents, or a copy thereof. The OWNER shall not accept any oral Bids or Bids received by telephone or facsimile.

B. Each Bid must give the full legal name and business address of the Bidder. If the Bidder is a corporation, the Bid must be submitted in the name of the corporation, not simply the corporation's trade name. The BID FORM must be signed by a person authorized to bind the Bidder in contractual matters in order to be considered. Original signatures, in ink, are required. The name and title of the person signing the Bid shall also be typed or printed as indicated on the BID FORM. The BID FORM, the Bid security, if any, and any other documents required, shall be enclosed in a sealed envelope.

C. Discrepancies between amounts shown in words and amounts shown in figures will be resolved in favor of the amounts shown in words. Discrepancies in the multiplication of units of Work and the unit prices will be resolved in favor of the correct multiplication of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

D. The envelope containing the Bid should be sealed and marked in the lower left hand corner with the Invitation for

Bid number, the goods and services sought, the hour and due date of the Bid, and the Bidders Virginia CONTRACTOR registration number.

E. Use of Information and Documents: The OWNER and its officials, employees and agents will copy and use the response of the Bidder and documents included with the response, for various purposes related to analysis, evaluation, and decision to award a contract. Following award the OWNER may require the CONTRACTOR to allow inspection and copying of documents, and may also use the Bidders documents in connection with any resulting contracts with that Bidder. The Bidder is responsible for obtaining any necessary authorizations for all such use of the documents and information, and for assuring that such copying and use is in conformance with laws related to trademarks and copyrights. Any documents or information for which the Bidder has not obtained such authorization, or for which such copying and use is not authorized, shall not be submitted. The undersigned Bidder agrees to indemnify, defend and hold the County, its officials, employees and agents harmless from any claims of any nature, including claims arising from trademark or copyright laws, related to use of information and documents submitted with the Bidders response.

4. PROPRIETARY INFORMATION: Trade secrets or proprietary information submitted by a Bidder in connection with this procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act;

however, the Bidder must invoke these protections prior to or upon submission of the data or the materials, and must identify the data or other materials to be protected and state the reason why protection is necessary. Section 2.2-4342(F) of the Code of Virginia. Bidders shall submit, in a separate section of the bid, any information considered by the Bidder to be trade secrets or proprietary information, shall clearly identify the information as trade secrets or proprietary information and shall state the reason why protection is necessary. Bidders may not declare the entire bid proprietary nor may they declare pricing to be proprietary. References may be made within the body of the bid to proprietary information; however all information contained within the body of the bid not in the separate section labeled proprietary shall be public information.

5. SUBCONTRACTING:

A. No CONTRACTOR shall be required to employ any Sub-CONTRACTOR, Supplier, other person or organization against whom he has reasonable objection. Each Bidder shall submit to the OWNER, with its Bid, the List of Sub- CONTRACTORs found in this Project Manual, completed with the names of all such Sub-CONTRACTORs, Suppliers, other persons, and organizations proposed for those portions of the Work for which such identification is required. Suppliers and equipment manufacturers who are named in the BID FORM need not be named in the List of Sub-CONTRACTORs. The OWNER will, during the term of this Agreement, have the right of reasonable rejection of staff or sub-CONTRACTORs assigned to the project by the CONTRACTOR. If the OWNER reasonably rejects staff or sub-CONTRACTORs, the CONTRACTOR must provide replacement staff or sub- CONTRACTORs satisfactory to the OWNER in a timely manner and at no additional cost to the OWNER. The day-to-day supervision and control of the CONTRACTOR'S employees shall be solely the responsibility of the

CONTRACTOR.

B. If the apparent Successful Bidder declines to make such a substitution, the OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Sub-CONTRACTORs, Suppliers, and other persons, and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Sub-CONTRACTOR, Supplier, other person, or organization listed and to whom the OWNER or A&E does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the OWNER and A&E.

C. By submitting the List of Sub-CONTRACTORs as provided for herein, the Bidder is indicating that the Bidder is confident that each Sub-CONTRACTOR listed has:

1. Sufficient financial capability, physical plant, and personnel to perform its duties under the contract.

2. Successfully provided similar work on at least three (3) recent occasions.

3. Stated or attached a list of the names of manufacturers whose products it will supply.

6. SUBSTITUTE MATERIAL AND EQUIPMENT: The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the CONTRACTOR if acceptable to the A&E, the A&E shall not review substitute or "or-equal" items until after the "effective date of the Agreement".

VENDOR DATA SHEET

Note: The following information is required as part of your response to this solicitation. Failure to complete and provide this sheet may result in finding your bid nonresponsive.

1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.

2. Vendor’s Primary Contact:

Name: Phone:

Email: Fax:

3. Years in Business: Indicate the length of time you have been in business providing this type of good or service:

Years Months

4. Vendor Information: eVA Vendor ID

5. Indicate below a listing of at least three (3) recent accounts, either commercial or governmental, that your company has been awarded of similar nature, size, and complexity.

Company: Contact:

Phone: ( ) Fax: ( )

Project:

Dates of Service: $ Value:

STATE CORPORATION COMMISSION FORM

Virginia State Corporation Commission Registration Information - The bidder:

S is a corporation or other business entity with the following SCC identification number: ____________

-OR-

S is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust

S is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that…