IFB_TennisCourtDesign_FINAL_20240202.pdf

VT TENNIS OUTDOOR COURT DESIGN

4th Working Drawing Submittal Specification Manual

VT ATHLETICS TENNIS

OUTDOOR COURT DESIGN

A0116-21-485205

Table of Contents - 1

TABLE OF CONTENTS

GENERAL CONDITIONS & FORMS Form #

Notice of Invitation to Bid

Prebid Question Form

Bid Form

General Conditions of the Construction Contract HECO-7

VT Supplemental General Conditions (Design-Bid-Build) 9/1/2022

VT Special Terms and Conditions 9/8/2023

Instructions to Bidder CO-7a

Contract between Owner and Contractor HECO-9

Notice of Intent to Award CO-9.1

Notice to Proceed CO-9.2

Worker’s Compensation Certificate of Insurance CO-9a

Standard Performance Bond CO-10

Standard Labor and Material Payment Bond CO-10.1

Standard Bid Bond CO-10.2

Change Order Form CO-11

Schedule of Values and Certificate for Payment CO-12

Affidavit of Payment of Claims CO-13

Statement of Structural and Special Inspections HECO-6a

Schedule of Special Inspections HECO-6b

Statement of Contractor’s Responsibility HECO-6c

A0116-21-485205

Table of Contents - 2

Certificate of Completion by Architect/Engineer or Project Manager HECO-13.1

Architect/Engineer’s Certificate of Substantial Completion HECO-13.1a

Final Report of Structural Special Inspections HECO-13.1b

Contractor's Certificate of Completion HECO-13.2

Contractor's Certificate of Substantial Completion HECO-13.2a

General Contractor Estimate for Change Order GC-1

Sub-Contractor Estimate for Change Order SC-1

Sub-Contractor Estimate for Change Order SS-1

Submittal Registrar Format Sample DGS-30-364

Vendor eVA Registration Requirements DGS-30-384

TECHNICAL SPECIFICATIONS

SECTION

NUMBER TITLE

DIVISION 01 GENERAL REQUIREMENTS

SECTION 011000 SUMMARY

SECTION 012300 ALTERNATES

SECTION 012500 SUBSTITUTION PROCEDURES

SECTION 012900 PAYMENT PROCEDURES

A0116-21-485205

Table of Contents - 3

SECTION 013100 PROJECT MANAGEMENT AND COORDINATION

SECTION 013200 CONSTRUCTION PROGRESS DOCUMENTATION

SECTION 013300 SUBMITTAL PROCEDURES

SECTION 014000 QUALITY REQUIREMENTS

SECTION 014200 REFERENCES

SECTION 015000 TEMPORARY FACILITIES AND CONTROLS

SECTION 016000 PRODUCT REQUIREMENTS

SECTION 017300 EXECUTION

SECTION 017419 CONSTRUCTION WASTE MANAGEMENT & DISPOSAL

SECTION 017700 CLOSEOUT PROCEDURES

SECTION 017823 OPERATION AND MAINTENANCE DATA

SECTION 017839 PROJECT RECORD DOCUMENTS SECTION

SECTION 017900 DEMONSTRATION AND TRAINING

DIVISION 02 EXISTING CONDITIONS

SECTION 024100 DEMOLITION

DIVISION 22 PLUMBING

SECTION 221113 FACILITY WATER DISTRUIBUTION PIPING

DIVISION 31 EARTHWORK

SECTION 311000 SITE CLEARING

SECTION 312000 EARTHMOVING

DIVISION 32 EXTERIOR IMPROVEMENTS

SECTION 321313 CONCRETE PAVING

SECTION 321723 PAVEMENT MARKINGS

DIVISION 33 UTILITIES

SECTION 334100 STORM UTILITIY DRAINAGE PIPING

APPENDIX A GEOTECH REPORT

(Report is for the Tennis Court Addition. Additional borings in the court area need to be taken.)

APPENDIX B AMERICAN SPORTS BUILDERS ASSOCIATION ASPHALT GUIDELINES

APPENDIX C ADDITIONAL ASPHALT COURT GUIDELINES

END OF TABLE OF CONTENTS

Notice of Invitation for Bids Page 1 of 2

NOTICE OF INVITATION FOR BIDS – IFB #656682404

Virginia Tech Athletic Facilities Tennis Outdoor Court Design

Blacksburg, VA

Sealed bids are invited for the renovation of the Virginia Tech Tennis Center at Virginia Polytechnic Institute & State

University (“Virginia Tech”) located in Blacksburg, VA.

The project is generally described as replacing the existing six tennis courts with six new courts, a concrete foundation for future bleachers, and a drainage system.

Sealed bids will be received electronically through Virginia Tech’s electronic procurement submission website:

PROPOSAL SUBMISSION:

*Please note, proposal submission procedures have changed effective

March 2023.

Proposals may NOT be hand delivered to the Procurement Office.

Proposals should be submitted electronically through Virginia Tech’s procurement portal. This portal allows you access to view business opportunities and submit bids and proposals to Virginia Tech digitally and securely.

Proposals must be submitted electronically at:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=VATech

Vendors will need to register through this procurement portal, hosted by Jaggaer. It is encouraged for all vendors to register prior to the proposal submission deadline to avoid late submissions. Registration is easy and free. If you have any challenges with the registration process, please contact Jaggaer Support at 1-800-233-1121 or procurement@vt.edu.

Click on the opportunity and log in to your vendor account to begin preparing your submission. Upon completion, you will receive a submission receipt email confirmation. Virginia Tech will not confirm receipt of proposals. It is the responsibility of the offeror to make sure their proposal is delivered on time.

Hard copy or email proposals will not be accepted. Late proposals will not be accepted, nor will additional time be granted to any individual Vendor.

Attachments must be smaller than 50MB in order to be received by the University.

The deadline for submitting bids is 3:00PM on Monday, March 4, 2024, as determined by the electronic procurement site. Bids will be opened publicly and read aloud beginning at 3:00PM on Tuesday, March 5, 2024, via Zoom. Meeting information below:

https://virginiatech.zoom.us/j/84500237193

Meeting ID: 845 0023 7193

A Bid Bond is required.

eVA Vendor Registration: The bidder or offeror shall be a registered vendor in eVA. See the attached eVA Vendor

Registration Requirements.

GCPay: Contract payments and SWAM reporting shall be made through GCPay. Go to www.gcpay.com to see the instructions on how to process pay applications.

Procedures for submitting a bid, claiming an error, withdrawal of bids and other pertinent information are contained in the Instructions to Bidders, which is part of the Invitation for Bids. Withdrawal due to error in bid shall be permitted in accord with Section 9 of the Instructions to Bidders and § 2.2-4330, Code of Virginia. The Owner reserves the right to reject any or all bids.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=VATech mailto:procurement@vt.edu https://virginiatech.zoom.us/j/84500237193

Notice of Invitation for Bids Page 2 of 2

Subcontracting Plans and SWaM Spend Reporting: Each prime contractor who wins an award in which a provision of a small business subcontracting plan is a condition of the award (see Instructions to Bidder, item 17) AND is not individually certified as a Small, Woman Owned or Minority Owned vendor through the Commonwealth of Virginia

SWaM certification program (http://www.sbsd.virginia.gov/certification-division/) shall deliver evidence of compliance with their small business subcontracting plan each time a request for payment is submitted.

Upon completion of the contract, the contractor agrees to furnish with the final request for payment, at a minimum, the following information: name of firm with the DMBE certification number or FEIN number, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product or service provided. Payment(s) may be withheld until compliance with the subcontracting spend reporting is received and confirmed. The Owner reserves the right to pursue other appropriate remedies to include, but not be limited to, termination for default.

A template for reporting subcontracting data can be found at:

http://www.procurement.vt.edu/Vendor/vendorlink.html

The university encourages including all subcontractor (SWaM certified and non-SWaM certified) spend on reports submitted.

An optional pre-bid conference will be held on-site at 10:00AM on Tuesday, February 13, 2024 at the

Burrows-Burleson Tennis Center main lobby, 570 Beamer Way, Blacksburg, VA 24061. The purpose of this conference is to allow potential Offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

The Deadline for Request for Information (RFI) shall be 4:00PM on Tuesday, February 20, 2024. All RFIs should be emailed to Tyler Linkenhoker, tlinkenhoker@vt.edu.

The contract shall be awarded on a lump sum basis as follows: The TOTAL BASE BID AMOUNT (including any properly submitted bid modifications) on the Bid Form, and as further described. Notice of Intent to Award will be provided to the apparent low bidder and posted on eVA, Virginia Department of General Services’ central electronic procurement website, at https://eva.virginia.gov.

Contractor registration is required in accordance with Section 54.1-1103 of the Code of Virginia. See the Invitation for

Bids for additional qualification requirements.

All executive branch agencies are directed to advance Executive Order 35, dated July 3, 2019.

Copies of the Invitation for Bids documents, including the plans and the specifications, will also be available for inspection at the following location:

Attachment: eVA Vendor Registration Requirements http://www.sbsd.virginia.gov/certification-division/ http://www.procurement.vt.edu/Vendor/vendorlink.html mailto:tlinkenhoker@vt.edu https://eva.virginia.gov/

DGS-30-272

(Rev. 04/15)

PREBID QUESTION FORM

(Use separate Form for each question submitted.)

Date:

Project Title: Virginia Tech Tennis Outdoor Court Design

Project Code No.: A0116-21-485205

The following question concerns Drawing Sheet (number) :

The following question concerns Specifications Section (number) , page _________, paragraph _______:

All responses to questions will be made by Addendum.

Question submitted by:

Name Organization

Bidders shall submit form to:

Name Organization

Email address:

or

FAX No.: ( )

Tyler Linkenhoker tlinkenhoker@vt.edu

Standard Bid Form Format Page 1 of 4

BID FORM

(DGS Rev. 07/22)

DATE: ____________________

PROJECT: Virginia Tech Tennis Outdoor Court Design 570 Beamer Way

Project Code: A0116-21-485205

To: Virginia Polytechnic Institute and State University North End Center, Suite 2100

300 Turner Street, NW Blacksburg, VA 24061

In compliance with and subject to your Invitation for Bids and the documents therein specified, all of which are incorporated herein by reference, the undersigned bidder proposes to furnish all labor, equipment, and materials and perform all work necessary for construction of this project, in accordance with the Plans and Specifications dated _8-24-23, as prepared by Tymoff+Moss Architects Norfolk, VA_ for the consideration of the following amount:

BASE BID :

PART A.

Lump sum price for construction of 6 tennis courts and site work (except for work described in PARTS

B,C,D) complete in accordance with the Plans and Specifications:

PART A = ________________________________________ Dollars ($ ).

PART B. - EXCAVATION OF ADDITIONAL UNSUITABLE MATERIAL

Excavation of unsuitable material, where authorized or directed, below or in addition to the levels required for the Work in Part A and backfill with compacted material per specifications. (Price per cubic yard) Final amount shall be adjusted upward or downward based on actual quantity authorized.

Estimated quantity of (_900_) cy @ $ _____________ per cy = ___________

PART B = _______________________________________ Dollars ($ )

PART C. - EXCAVATION OF ROCK MATERIAL

Excavation of ROCK material, where authorized or directed, and proper disposal off-site of excess material, complete per specifications. (Price per cubic yard) Final amount shall be adjusted upward or downward based on actual quantity authorized.

Estimated quantity of (_300_) cy @ $ _____________ per cy = ___________

PART C = _________________________________________Dollars ($ )

Standard Bid Form Format Page 2 of 4

PART D. - EXCAVATION OF ROCK MATERIAL AT TRENCHES

Excavation of ROCK material, where authorized or directed, proper disposal off-site of excess material and backfill with compacted trench fill material per specifications. (price per cubic yard) (Final amount shall be adjusted upward or downward based on actual quantity authorized.)

Estimated quantity of (_100_) cy @ $ _____________ per cy = __________

PART D = _________________________________________ Dollars ($ )

TOTAL BASE BID AMOUNT (Sum of PARTS A, B, C, D) IS:

_______________________________________________________ DOLLARS ($ )

Contract award will be based on the TOTAL BASE BID AMOUNT shown above (including any properly submitted bid modifications).

The bidder has relied upon the following public historical climatological records:

NOAA for Blacksburg, VA.

Code of Virginia, § 2.2-4376.2 shall be applicable to the Work of the Contract.

The undersigned understands that time is of the essence and agrees that the time for Substantial Completion of the entire project shall be 180 consecutive calendar days from the date of commencement of the Work as specified in the Notice to Proceed, and Final Completion shall be achieved within 30 consecutive calendar days after the date of Substantial Completion as determined by the A/E.

Standard Bid Form Format Page 3 of 4

Acknowledgment is made of receipt of the following Addenda:

If notice of acceptance of this bid is given to the undersigned within 30 days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will execute and deliver a contract in the prescribed form (Commonwealth of Virginia Contract Between Owner and Contractor, Form CO-9) within 10 days after the contract has been presented to him for signature. The required payment and performance bonds, on the forms prescribed, shall be delivered to the Owner along with the signed Contract.

Immigration Reform and Control Act of 1986: The undersigned certifies that it does not and shall not during the performance of the Contract for this project violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens, or knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

DISQUALIFICATION OF CONTRACTORS: By signing this bid or proposal, the undersigned certifies that this Bidder or any officer, director, partner or owner is not currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government, nor is this Bidder a subsidiary or affiliate of any firm/corporation that is currently barred from bidding on contracts by any of the same. We have attached an explanation of any previous disbarment(s) and copies of notice(s) of reinstatement(s).

DISQUALIFICATION FOR WAGE THEFT: By signing this bid or proposal, the undersigned certifies that this Bidder or their proposed subcontractor(s), or any officer, director, partner or owner thereof is not currently in litigation, under investigation, or criminal indictment for wage theft on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government.

The apparent low bidder shall submit, within two (2) business days of the bid opening, a complete subcontracting plan listing all tiered subcontractors on the DGS-30-360 form, which can be downloaded from: https://dgs.virginia.gov/search/documents-and-forms/. In addition, Bidder shall identify all subcontractors that are Small, Women Owned and Minority Owned firms.

Agency Small Business Participation Goal: % 50

Contractor’s Proposed Small Business Participation: % _________ (required)

Either the undersigned or one of the following individuals, if any, is authorized to modify this bid prior to the deadline for receipt of bids by writing the modification and signing his name on the face of the bid, on the envelope in which it is enclosed, on a separate document, or on a document which is telefaxed to the Owner:

I certify that the firm name given below is the true and complete name of the bidder and that the bidder is

Standard Bid Form Format Page 4 of 4 legally qualified and licensed by the Virginia Department of Professional and Occupational Regulation, Board for Contractors, to perform all Work included in the scope of the Contract.

Virginia License No.: ______________ Bidder: ______________________________

(Name of Firm)

Contractor Class: ________________ By:___________________________________ (Signature)

Specialty: _______________________ Valid until: ______________________

FEIN/SSN: _____________________ Title: _______________________________

If General Partnership (List Partners' Names)

Business Address:

Telephone # ________________________

FAX # _______________________________

If Corporation, affix Corporate Seal & list State of Incorporation

State: _____________________________

(Affix Seal)

Virginia State Corporation Commission ID No.: _______________; or

If Contractor is a foreign business entity not required to be authorized to transact business in the Commonwealth under Titles 13.1 or 50 of the Code of Virginia, or as otherwise required by law, please provide an explanation as to why such entity is not required to be so authorized: ____________________

Standard Bid Form Format Page 7 of 8

I certify that the firm name given below is the true and complete name of the bidder and that the bidder is legally qualified and licensed by the Virginia Department of Professional and Occupational Regulation, Board for Contractors, to perform all Work included in the scope of the Contract.

Virginia License No.: ______________ Bidder: ______________________________ (Name of Firm)

Contractor Class: ________________ By:___________________________________ (Signature)

Specialty: _______________________ Valid until: ______________________

FEIN/SSN: _____________________ Title: _______________________________

If General Partnership (List Partners' Names)

Business Address:

Telephone # ________________________

FAX # _______________________________

If Corporation, affix Corporate Seal & list State of Incorporation

State: _____________________________

(Affix Seal)

Virginia State Corporation Commission ID No.: _______________; or

If Contractor is a foreign business entity not required to be authorized to transact business in the Commonwealth under Titles 13.1 or 50 of the Code of Virginia, or as otherwise required by law, please provide an explanation as to why such entity is not required to be so authorized: ____________________

Version 1 dated 04/12/2021

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY

(VIRGINIA TECH)

HECO-7

GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

1. DEFINITIONS

2. CONTRACT DOCUMENTS

3. LAWS AND REGULATIONS

4. NONDISCRIMINATION

5. PROHIBITION OF ALCOHOL AND OTHER DRUGS

6. TIME FOR COMPLETION

7. CONDITIONS AT SITE

8. CONTRACT SECURITY

9. SUBCONTRACTS

10. SEPARATE CONTRACTS

11. CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

12. “ALL RISK” BUILDER’S RISK INSURANCE

13. TAXES, FEES AND ASSESSMENTS

14. PATENTS

15. ARCHITECT/ENGINEER’S STATUS

16. INSPECTION

17. SUPERINTENDENCE BY CONTRACTOR

18. CONSTRUCTION SUPERVISION, METHODS AND PROCEDURES

19. SCHEDULE OF THE WORK

20. SCHEDULE OF VALUES AND CERTIFICATE FOR PAYMENT

21. ACCESS TO WORK

22 SURVEYS AND LAYOUT

23. PLANS AND SPECIFICATIONS

24. SUBMITTALS AND PROJECT RECORDS

25. FEES, SERVICES AND FACILITIES

26. EQUALS

27. AVAILABILITY OF MATERIALS

28. CONTRACTOR’S TITLE TO MATERIALS

29. STANDARDS FOR MATERIALS INSTALLATION & WORKMANSHIP

30. WARRANTY OF MATERIALS AND WORKMANSHIP

31. USE OF SITE AND REMOVAL OF DEBRIS

32. TEMPORARY ROADS

33. SIGNS

34. PROTECTION OF PERSONS AND PROPERTY

35. CLIMATIC CONDITIONS

36. PAYMENTS TO CONTRACTOR

37. PAYMENTS BY CONTRACTOR (Code of Virginia, § 2.2-4354)

38. CHANGES IN THE WORK

39. EXTRAS

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

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

42. TERMINATION BY OWNER FOR CONVENIENCE

43. DAMAGES FOR DELAYS; EXTENSION OF TIME

44. INSPECTION FOR SUBSTANTIAL COMPLETION & FINAL COMPLETION

45. GUARANTEE OF WORK AND INDEMNIFICATION

46. ASSIGNMENTS

47. CONTRACTUAL DISPUTES (Code of Virginia, § 2.2-4363)

48. ASBESTOS

49. TRAINING, OPERATION AND MAINTENANCE OF EQUIPMENT

50. PROJECT MEETINGS

51. SMALL BUSINESS PROCUREMENT PLAN

1. DEFINITIONS

Whenever used in in the Contract Documents, the following terms have the meanings indicated, which are applicable to both the singular and plural variations thereof:

Agency: The Agency, institution or department which is a party to the Contract. For purposes of the Contract, the term Owner shall include such Agency, whether or not the Agency owns the site or the building.

A/E Services: The entirety of the services required of the A/E pursuant to the A/E’s contract with the Owner for the Project.

As-Built Drawings: The As-Built Drawings is a set of all Drawings, Specifications, addenda, approved Shop and setting Drawings, Change Orders and other modifications which are updated by the Contractor throughout the performance of the Work to contemporaneously record all changes and variations made during construction. The representation of such variations shall be neatly and clearly marked in color and shall include such supplementary notes, symbols, legends, and details as may be necessary to clearly show the as-built construction of the Work.

Architect/Engineer (“A/E”): The Virginia licensed Architect or Engineer that contracts with the Owner to provide the A/E Services for the Project. The A/E is a separate contractor and not an agent of the Owner.

The term includes any subcontractors, associates or consultants employed by the A/E to assist in providing the A/E Services.

Beneficial Occupancy: The time, following Substantial Completion, at which the Project or portion thereof, is sufficiently complete and systems operational such that the Owner could, after obtaining necessary approvals and certificates, occupy and utilize the space for its intended use. Guarantees and warranties applicable to that portion of the Work begin on the date the Owner accepts and occupies the Project, or a portion thereof, unless otherwise specified in the Supplemental General Conditions or by separate agreement.

Change Order: A document (CO-11) issued on or after the effective date of the Contract which is agreed to by the Contractor and approved by the Owner, and which authorizes an addition, deletion or revision in the Work, including any adjustment in the Contract Price and/or the Contract Completion Date. The term Change Order shall also include initiating and confirming change orders issued pursuant to Section 38(a)(3).

A Change Order, once signed by all parties, is incorporated into and becomes a part of the Contract.

Code of Virginia: Code of Virginia (1950), as amended. Sections of the Code referred to herein are noted by § xx-xx.

Commissioner of Labor and Industry: The Commonwealth of Virginia Commissioner of Labor and Industry.

Construction: The term used to include new construction, reconstruction, renovation, restoration, major repair, demolition and all similar work upon buildings and ancillary facilities, including any draining, dredging, excavation, grading or similar work upon real property.

Contract: The Contract between Owner and Contractor, (CO-9 series) and the Contract Documents incorporated therein.

Contract Completion Date: The date by which the Work must achieve Substantial Completion. The Contract Completion Date is established in the Notice to Proceed, based on the Time for Completion, or set forth as a specific date in the Contract.

Contract Documents: The Contract and any documents expressly incorporated therein. Such incorporated documents customarily include the bid submitted by the Contractor, the General Conditions, any Supplemental General Conditions, any Special Conditions, the Plans and the Specifications, and all modifications, including addenda and subsequent Change Orders.

Contract Price: The total compensation payable to the Contractor for performing the Work in accordance with the Contract Documents, subject to modification by Change Order.

Contractor: The person or entity with whom the Owner has entered into the Contract for the Work.

Critical Path: The longest continuous sequential duration of dependent activities from the Date of Commencement to the Contract Completion Date that defines the minimum overall time necessary to complete the Project, such that a delay of any activity along the Critical Path will result in a delay of the Contract Completion Date unless the duration of a subsequent activity on the Critical Path is reduced to offset the delay and maintain the Contract Completion Date.

Date of Commencement: The date as indicated in the written Notice to Proceed, the receipt of the earliest Building Permit, or a date mutually agreed to between the Owner and Contractor in writing, whichever is the latest.

Day: Calendar day unless otherwise noted.

Defective: An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty, deficient, does not conform to the Contract Documents or does not meet the requirements of inspections, standards, tests or approvals required by the Contract Documents, or Work that has been damaged prior to the A/E’s recommendation of Final Payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion or Beneficial Occupancy).

DGS: Virginia Department of General Services.

Drawing: A page or sheet of the Plans which presents a graphic representation, usually drawn to scale, showing the technical information, design, location, and dimensions of various elements of the Work. The graphic representations include, but are not limited to, plan views, elevations, transverse and longitudinal sections, large and small scale sections and details, isometrics, diagrams, schedules, tables and/or pictures.

DSBSD: Virginia Department of Small Business and Supplier Diversity.

Emergency: Any unforeseen situation, combination of circumstances, or a resulting state that poses imminent danger to health, life or property.

Field Order: A written order issued by the A/E which clarifies or explains the Plans or Specifications, or any portion or detail thereof, without changing the design, the Contract Price, the Time for Completion or the Contract Completion Date.

Final Completion: Completion and full performance of all Work in accordance with the terms and requirements of the Contract Documents, including the completion of all items identified on punch lists generated through the inspections set forth in Section 44(b) and submission of all information, manuals, warranties and documentation required by the Contract.

Final Completion Date: The date of the Owner’s acceptance of the Work following Final Completion.

Final Compliance Report: A report where the Contractor shall certify and report on its compliance with the Small Business Procurement Plan, submitted by the Contractor in its Bid for the Contract, to the Owner through DGS’ eVA system

Final Payment: The final payment that the Contractor receives pursuant to the applicable provisions of Section 36, except in the event no final payment is made due to termination of the Contract under either Sections 41 or 42. In the event of a termination for cause under Section 41, the Final Payment shall be when the termination became effective. In the event of a termination for convenience under Section 42, the Final Payment shall be either the payment of compensation for termination that the Contractor receives according to the provisions of Section 42(a), or the Owner’s determination that no compensation for termination is due the Contractor under Section 42(a), as the case may be.

Float: The excess time included in a construction schedule to accommodate such items as inclement weather and associated delays, equipment failures, and other such unscheduled events. It is the contingency time associated with a path or chain of activities and represents the amount of time by which the early finish date of an activity may be delayed without impacting the Critical Path and delaying the Contract Completion Date.

Any difference in time between the Contractor’s approved early completion date and the Contract Completion Date shall be considered a part of the Float.

Float, Free: The time (in Days) by which an activity may be delayed or lengthened without impacting the start day of any successor activity.

Float, Total: The difference (in Days) between the maximum time available within which to perform an activity and the duration of an activity. It represents the time by which an activity may be delayed or lengthened without impacting the Contract Completion Date.

General Conditions: The General Conditions of the Construction Contract (CO-7 series).

Notice: Notice required by the Contract shall be given in writing to the email address or physical delivery location identified in the Contract Documents for receipt of Notice by the receiving party. A Notice is deemed to have been properly given and effective at the time such Notice is: (i) deposited with a nationally recognized overnight delivery service using no more than two (2) business day delivery service for delivery to the Notice address; (ii) hand delivered to the Notice address; (iii) enclosed in a postage prepaid envelope addressed to the Notice address and delivered to a United States Postal Service for delivery by prepaid certified or registered mail; or (iv) sent via email to the email address identified for Notice in the Contract Documents.

Notice to Proceed: A written Notice given by the Owner to the Contractor fixing the date on which the Time for Completion will commence for the Contractor to begin the execution of the Work. The Notice to Proceed will identify the Contract Completion Date if not otherwise established by the Contract.

Owner: The public body with whom the Contractor has entered into the Contract for the Work. The term Owner shall also mean the Agency.

Person: This term includes any individual, corporation, partnership, association, company, business, trust, joint venture, or other legal entity.

Plans: The term used to describe the group or set of project-specific Drawings which are included in the Contract Documents.

Project: The term used instead of the specific or proper assigned title of the entire undertaking which includes, but is not limited to, the Work and the A/E Services.

Project Inspector: One or more persons employed by the Owner to inspect the Work for the Owner and/or to document and maintain records of activities at the Site to the extent required by the Owner. The scope of the Project Inspector’s authority with respect to the Contractor is limited to that indicated in Section 16 (e) and (f) of the General Conditions and as supplemented by the Owner in writing to the Project Inspector and to the Contractor.

Project Manager: The Project Manager shall be the Owner’s designated representative on the Project. The Project Manager shall be the person through whom the Owner generally conveys written decisions and instructions. All Notices to the Owner and all information required to be conveyed to the Owner shall be conveyed to the Project Manager unless otherwise stated in the Contract. The scope of the Project Manager’s authority is limited to that authorized by the Owner. The Owner may change the Project Manager from time to time and may, in the event that the Project Manager is absent, disabled or otherwise temporarily unable to fulfill their duties, appoint an interim Project Manager.

Provide: Shall mean furnish and install ready for its intended use.

Record Drawings: Record Drawings are a final compilation set of drawings showing the “as built” condition of the Work, including all conditions, locations and dimensions based on the Contractor’s AsBuilt Drawings. The Record Drawings shall contain the Plans, Specification, Addenda, approved shop drawings, and any other information needed to show the final condition of the work, actual location of piping and utilities, the depths of pilings or caissons if pilings or caissons were in the construction, and the integration of all Change Orders to the Work.

Recycled: Equipment, materials, and accessories which have been previously used and that have been processed to form a new product deemed an equal per Section 26.b.

Service Disabled Veteran-Owned Business: A business that meets the definition of “Service disabled veteran business” as set forth in Code of Virginia, § 2.2-4310.

Schedule of Values: That portion of Form CO-12 prepared by the Contractor and acceptable to the Owner which indicates the portion of the Contract Price to be paid for each trade or major component of the Work.

Shop Drawings: The drawings, diagrams, illustrations, schedules, installation descriptions and other data prepared by or for the Contractor to provide detailed information for the fabrication, location, erection, installation, connection and methodology associated with the Work. Shop Drawings are intended to aid in the preparation and installation of materials and to ascertain that the materials proposed by the Contractor conform to the requirements of the Contract Documents.

Site: The location at which the Work is performed or is to be performed.

Small Business: A business certified as a small business by the DSBSD.

Small Business Procurement Plan: The proposed type and percentage of small business participation in the Total Base Bid Amount submitted by the Contractor as part of its Bid.

Special Conditions: That part of the Contract Documents which describes special or additional requirements or procedures applicable to the Project. The Special Conditions do not amend or supersede the General Conditions.

Specifications: That part of the Contract Documents containing the written administrative requirements and the technical descriptions of materials, equipment, construction systems, standards, and workmanship for the Work.

Subcontractor: A person or firm having a direct contract with Contractor or with any other Subcontractor for the performance of the Work. Subcontractor includes any person or firm who provides on-Site labor but does not include a Supplier.

Submittals: All Shop, fabrication, setting and installation drawings, diagrams, illustrations, schedules, samples, and other data required by the Contract Documents which are specifically prepared by or for the Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by the Contractor to illustrate material or equipment conformance of some portion of the Work with the requirements of the Contract Documents. Submittal as used herein includes Shop Drawings.

Substantial Completion: The stage in the progress of the Work at which the Owner agrees that the Work or a specific portion thereof, is sufficiently complete, in accordance with the Contract Documents, so that it can be utilized by the Owner for the purposes for which it was intended. The Owner at its sole discretion may, after obtaining the necessary approvals and certificates, take Beneficial Occupancy at this time or choose to wait to occupy until after Final Completion is achieved.

Supplemental General Conditions: An amendment or modification which amends or supplements the General Conditions.

Supplier: A manufacturer, fabricator, distributor, supplier or vendor who provides material or equipment for the Project but does not provide on-Site labor.

SWaM/SDV Business: All subcategories of Small Businesses certified by the DSBSD including Micro Business, Minority-Owned Business, Service-Disabled Veteran-Owned Business, Small Business, and/or Women-Owned Business together as a group.

Time for Completion: The number of consecutive Days following the Date of Commencement within which the Contractor must achieve Substantial Completion of the Work in accordance with the Contract Documents.

Total Contract Amount: The total compensation payable to the Contractor for performing the Contract, subject to modification by Change Order.

Underground Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which are or have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

Work: The construction and services required by the Contract Documents, whether completed or partially completed, including, but not limited to, furnishing labor, furnishing and incorporating materials and equipment into the Construction. The Work includes the entire completed Construction, or the various separately identifiable parts thereof, required to be provided under the Contract Documents or which may reasonably be expected to be provided as part of a complete, code compliant and functioning system for those systems depicted in the Plans and Specifications.

2. CONTRACT DOCUMENTS

The Contract Documents consist of the Contract and all other documents identified therein as Contract Documents as more precisely defined above.

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 this Contract, 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 any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions may be debarred from contracting with any agency of the Commonwealth 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. Building Permit: Because this Project is on Commonwealth of Virginia property, codes or zoning ordinances of local political subdivisions do not apply to Work at the Site. The Virginia Uniform Statewide Building Code applies to the Work and is administered by the Building Official for State-owned buildings and real property. 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. See Section 25 of these General Conditions for utility connection fees and services.

g. The Contractor shall include in each of its Subcontracts a provision requiring each Subcontractor to include or otherwise be subject to the same payment and interest requirements in Subsections (a), (b), and (c) of Section 37 of these General Conditions with respect to each lower-tier Subcontractor and Supplier.

h. 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.

i. Lead-Based Paint Activities: If the Contract Documents indicate that lead-based paint is present on existing materials, components, or surfaces, the Contractor shall conform to the following:

1. The requirements set forth in 40 CFR 745.233 – Lead-Based Paint Activities Requirements in selecting and performing the means, methods and procedures for performing the Work.

This includes, but is not limited to, training of personnel, lead abatement, encapsulation of lead-containing materials, removal and handling of lead containing materials, and methods of disposal.

2. The requirements for employee protection contained in 29 CFR Part 1926, Subpart D, and the requirements for record-keeping contained 29 CFR Part 1910.

3. The Virginia Department of Labor and Industry’s (DLI) Regulation Concerning Certified Lead Contractors Notification, Lead Project Permits and Permit Fees published in the Virginia Administrative Code, 16 VAC25-35, requiring, among other things, that a permit be issued to the lead abatement contractor, or any subsequent regulation issued by DLI pertaining to lead-based paint abatement.

j. 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.

k. 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.

l. Unless otherwise specified in the Supplemental General Conditions, 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.

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

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

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

4. NONDISCRIMINATION

a. Contractor shall comply with the Federal Civil Rights Act of 1964, as amended, the Virginia Fair Employment Contracting Act of 1975, as amended, the Virginia Human Rights Act, as amended, and the laws of the Commonwealth of Virginia and all Executive Orders in effect at the time of the Work which safeguard individuals from unlawful discrimination in employment.

b. Code of Virginia § 2.2-4311 shall be applicable to the Work of the Contract. During the performance of this Contract, the Contractor agrees as follows:

1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or 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.

4. The Contractor shall include the provisions of the foregoing subparagraphs 1, 2 and 3 in every Subcontract or purchase order over $10,000, so that the provisions will be binding upon each Subcontractor and Supplier.

c. Code of Virginia, § 2.2-4201 shall be applicable to the Work of the Contract. During the performance of this Contract, the Contractor agrees as follows:

1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, including the names of all contracting agencies with which the Contractor has contracts over $10,000.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that Contractor is an equal opportunity employer. However, 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 chapter

3. If the Contractor employs more than five (5) employees, the Contractor shall: (i) provide annual training on the Contractor’s sexual harassment policy to all Contractor’s supervisors and employees providing services in the Commonwealth of Virginia, except such supervisors or employees who are required to complete sexual harassment training provided by the Commonwealth of Virginia Department of Human Resource Management;

and (ii) post the Contractor's sexual harassment policy in: (a) a conspicuous public place in each building located in the Commonwealth that the Contractor owns or leases for business purposes; and (b) the Contractor's employee handbook.

4. The Contractor shall include the provisions of the foregoing subparagraph 1, 2 and 3 in every Subcontract and purchase order over $10,000, so that the provisions will be binding upon each Subcontractor and Supplier.

d. Where applicable, the Virginians with Disabilities Act and the federal Americans with Disabilities

Act shall apply to the Contractor and all Subcontractors and Suppliers.

e. The Owner does not discriminate against faith-based organizations as defined in Code of Virginia §

2.2-4343.1(B).

5. 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:

1. The manufacture, distribution, dispensation, possession, or use of a controlled substance or marijuana, except possession and medically prescribed use of prescription drugs; and

2. 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…