RFP 049302619_Renovation of Memorial Court_Final.pdf

Request for Proposal # 049302619

For

Renovation of Memorial Court

March 25, 2026

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

RFP # 049302619, Renovation of Memorial Court

INCLUDE THIS PAGE WITH YOUR PROPOSAL, SIGNATURE AT SUBMISSION IS REQUIRED

DUE DATE: Proposals will be received until April 24, 2026 at 3:00 PM. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

INQUIRIES: All inquiries for information regarding this solicitation should be directed to Kim Widrig, Phone:

(540) 231- 8543 e-mail: kdcromer@vt.edu. All inquiries will be answered in the form of an addendum.

Inquiries must be submitted by 3:00 PM on April 6. Inquiries must be submitted to the procurement officer identified in this solicitation.

PRE-PROPOSAL CONFERENCE: A pre-proposal conference will be held on April 1 at 9:30 AM. See RFP Section IX, Pre-proposal Conference for additional information.

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.

In compliance with this Request For Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods or services in accordance with the attached signed proposal and as mutually agreed upon by subsequent negotiation.

AUTHORIZED SIGNATURE: ____________________________ Date: _________________________

[INCLUDE THIS PAGE]

mailto:kdcromer@vt.edu

I. PURPOSE:

This Request for Proposal (RFP) seeks to solicit proposals to establish a contract through competitive negotiations by Virginia Polytechnic Institute and State University (Virginia Tech), an agency of the Commonwealth of Virginia.

Located predominantly on the Drillfield (center of campus) the Memorial Court Chapel is a focal point for the Virginia Tech campus and has a significant presence associated with it. The upper level contains Memorial Court with eight sculptured Indianan limestone pylons representing Brotherhood, Honor, Leadership, Sacrifice, Service, Loyalty, Duty and Ut Proism (the University motto: “That I May Service”). As a tribute, the names of alumni who have died while in military service are carved on the pylons. The lower level contains a 6,324-square- foot, 260-seat chapel.

The original construction of the Chapel and court was completed in 1951 and in 2001 a renovation of the Memorial Court took place.

II. SWaM BUSINESS PARTICIPATION:

The mission of the Virginia Tech supplier opportunity program is to foster opportunity in the university supply chain and accelerate economic growth in our local communities through the engagement and empowerment of high quality and cost competitive SWaM, and local suppliers.

Virginia Tech encourages prime suppliers, contractors, and service providers to facilitate participation through partnerships, joint ventures, subcontracts, and other inclusive and innovative relationships.

For more information, please visit: https://www.sbsd.virginia.gov/

III. CONTRACT PERIOD:

Project-specific or as otherwise negotiated. The anticipated commencement of construction is June 29, 2026. Substantial Completion shall be achieved no later than November 6, 2026, at which time the facility must be sufficiently complete for its intended use. Final Completion, including all punch list items, closeout documentation, and contract requirements, shall be achieved no later than December 4, 2026.

IV. EVA BUSINESS-TO-GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM:

The eVA Internet electronic procurement solution streamlines and automates government purchasing activities within the Commonwealth of Virginia. Virginia Tech, and other state agencies and institutions, have been directed by the Governor to maximize the use of this system in the procurement of goods and services. We are, therefore, requesting that your firm register as a vendor within the eVA system.

There are transaction fees involved with the use of eVA. These fees must be considered in the provision of quotes, bids and price proposals offered to Virginia Tech. Failure to register within the eVA system may result in the quote, bid or proposal from your firm being rejected and the award made to another vendor who is registered in the eVA system.

Registration in the eVA system is accomplished on-line. Your firm must provide the necessary information. Please visit the eVA website portal at http://www.eva.virginia.gov/pages/eva-registration-buyer-vendor.htm and register both with eVA and Ariba. This process needs to be completed before Virginia Tech can issue your firm a Purchase Order or contract. If your firm conducts business from multiple geographic locations, please register these locations in your initial registration.

https://www.sbsd.virginia.gov/ http://www.eva.virginia.gov/pages/eva-registration-buyer-vendor.htm http://www.eva.virginia.gov/pages/eva-registration-buyer-vendor.htm

For registration and technical assistance, reference the eVA website at: https://eva.virginia.gov/, or call 866-289-7367 or 804-371-2525.

V. CONTRACT PARTICIPATION:

It is the intent of this solicitation and resulting contract to allow for cooperative procurement.

Accordingly, any public body, public or private health or educational institutions, or Virginia Tech’s affiliated corporations and/or partnerships may access any resulting contract if authorized by the contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor, the resultant contract may be extended to the entities indicated above to purchase at contract prices in accordance with contract terms. The Contractor shall notify Virginia Tech in writing of any such entities accessing the contract, if requested. No modification of this contract or execution of a separate contract is required to participate. The Contractor will provide semi-annual usage reports for all entities accessing the Contract, as requested. Participating entities shall place their own orders directly with the Contractor and shall fully and independently administer their use of the contract to include contractual disputes, invoicing and payments without direct administration from Virginia Tech. Virginia Tech shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the contract. It is understood and agreed that Virginia Tech is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract no matter the circumstances.

Use of this contract does not preclude any participating entity from using other contracts or competitive processes as the need may be.

VI. STATEMENT OF NEEDS/SCOPE OF WORK:

A. This project is generally described as the renovation of Memorial Court. The work includes, but not limited to, coordination with VA Tech’s contractor for the removal and reinstall of the existing flagstone pavers, removal and reinstall of the granite stair tread/riser system at east and west sides of upper court, and the removal and reinstallation of the Hokie stone and pre-cast coping cap. The work also includes the removal of the existing waterproofing system below flagstone pavers and stair tread/riser system. Contractor will be expected to install new waterproofing system. The contractor will also install new flashing and weep system at base of parapet walls and pylons and remove existing light fixtures and installation of new light fixtures. The work listed above is not all inclusive.

B. Construction Documents:

https://eva.virginia.gov/

1. Electronic copies of the Project Documents (Attachments C & D), dated

December 15, 2025, and associated revisions, as prepared by Wiss, Janney, Elstner Associates, Inc. from Chicago, Illinois are provided with this solicitation on Virginia’s electronic procurement portal, eVA.

2. In areas of conflict between the Project Documents and this RFP document, the more stringent requirement will apply.

C. Construction Requirements:

1. Supervision: Contractor shall provide a full-time project superintendent who is dedicated solely to this project. Superintendent shall be on-site during construction activity. Project superintendent shall have a minimum of 5 years’ experience in construction with at least 2 of those years as a superintendent on projects similar in size and complexity. The superintendent must be capable of interpreting a critical path schedule and construction drawings. Virginia Tech may request proof of the superintendent's qualifications at any point in the project if the performance of the superintendent is in question.

2. Preconstruction Meeting: Prior to commencing any work at the site, coordinate with the Contracting Officer a time and place to meet for the Preconstruction Meeting. The purpose of this meeting is to discuss and develop a mutual understanding of the administrative requirements of the Contract including but not limited to: daily reporting, invoicing, university safety requirements, access control procedures, outage requests, hot work permits, schedule requirements, quality control, schedule of prices or earned value report, shop drawings, submittals, prosecution of the work, building permits and inspections, and contract close-out. Contractor must present and discuss their basic approach to scheduling the construction work and any required phasing.

3. Baseline Construction Schedule and Monthly Updates: Prior to the start of work, prepare and submit to the Contract Administrator a Baseline Construction Schedule that uses the Critical Path Method (CPM). Approval of the Baseline Construction Schedule will be required prior to the Contractor starting demolition work or construction stage(s) of the contract. Contractor shall provide updates to the schedule at monthly intervals, or any time the schedule changes.

4. 3-Week Look Ahead Schedule: Contractor shall prepare and issue a 3-Week Look Ahead schedule in weekly interval to provide a more detailed day-to-day plan of upcoming work identified on the Construction Schedule. The 3-week look ahead schedule should

D. Mandatory Requirement of Submittal of References:

Contractor shall have previous experience in the complicated assembly of terrace projected above occupied spaces. Two references from clients on such work shall be a pre-requisite to submitting a proposal and must have a minimum of five (5) years documented experience in the State of Virginia in the execution of a plaza deck waterproofing system over an occupied area.

E. Work shall not be performed during home football games, weddings, funerals or Sunday chapel service.

VII. PROPOSAL PREPARATION AND SUBMISSION:

A. Specific Requirements

Proposals should be as thorough and detailed as possible so that Virginia Tech may properly evaluate your capabilities to provide the required goods or services. Offerors are required to submit the following information/items as a complete proposal:

1. Plan and methodology for providing the goods/services as described in Section V.

Statement of Needs of the Request for Proposal and the Project Documents provided.

Provide a detailed proposal that defines all necessary installation requirements.

Discuss advantages and how proposed plan and methodology will support the mission of Virginia Tech Facilities.

2. Outline a time frame for construction from award of contract to completion of construction. Provide a detailed scope of work that outlines pre-requisites, execution, contractor responsibilities, client responsibilities, project exclusions, and any out-of-scope services and any pre-coordination information that is required for completion of project.

3. A written statement to include, but not limited to the expertise, qualifications and experience of the firm and resumes of specific personnel to be assigned to perform the work. Include two (2) references from organizations similar to Virginia Tech where you have performed this type of work that is similar in scope.

4. Provide a detailed pricing plan that includes total projected costs, with a breakdown of costs on Attachment B.

5. Participation of SWaM Business:

If your business cannot be classified as SWaM, describe your plan for utilizing SWaM subcontractors if awarded a contract. Describe your ability to provide reporting on SWaM subcontracting spend when requested. If your firm or any business that you plan to subcontract with can be classified as SWaM but has not been certified by the Virginia Department of Small Business and Supplier Diversity (SBSD), it is expected that the certification process will be initiated no later than the time of the award. If your firm is currently certified, you agree to maintain your certification for the life of the contract. For assistance with SWaM certification, visit the SBSD website at http://www.sbsd.virginia.gov/

The return of the Submission Instruction page and addenda, if any, signed and filled out as required.

A. General Requirements

1. RFP Response: In order to be considered for selection, Offerors shall submit a complete response to this RFP to include;

a. One (1) electronic document in WORD format or searchable PDF of the entire proposal as one document, INCLUDING ALL ATTACHMENTS must be uploaded through the Virginia Tech online submission portal. Refer to page 2 for instructions.

http://www.sbsd.virginia.gov/

Any proprietary information should be clearly marked in accordance with 2.d. below.

b. Should the proposal contain proprietary information, provide one (1) redacted electronic copy of the proposal and attachments with proprietary portions removed or blacked out. This redacted copy should follow the same upload procedures as described on Page 1 of this RFP. This redacted copy should be clearly marked “Redacted Copy” within the name of the document. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable. Virginia Tech shall not be responsible for the Contractor’s failure to exclude proprietary information from this redacted copy.

No other distribution of the proposals shall be made by the Offeror.

2. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in Virginia Tech requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by Virginia Tech at its discretion. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page.

The proposal should contain a table of contents which cross references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. Ownership of all data, material and documentation originated and prepared for Virginia

Tech pursuant to the RFP shall belong exclusively to Virginia Tech and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, to prevent disclosure the Offeror must invoke the protections of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other materials is submitted.

The written request must specifically identify the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to Virginia Tech. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal but will in no way change the original proposal. Virginia Tech will schedule the time and location of these presentations. Oral presentations are an option of Virginia Tech and may not be conducted.

Therefore, proposals should be complete.

VIII. SELECTION CRITERIA AND AWARD:

A. Selection Criteria

Proposals will be evaluated by Virginia Tech using the following:

Maximum Point Criteria Value

1. Quality of products/services offered and suitability for 25 the intended purposes

2. Qualifications and experiences of Offeror in providing 25 the goods/services

3. Specific plans or methodology to be used to provide the 15 Services

4. Cost (or Price) 25

5. Participation of SWaM Business 10

Total 100

B. Award

Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposal, including price, if so stated in the Request for Proposal. Negotiations shall then be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, Virginia Tech shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. Virginia Tech may cancel this Request for Proposal or reject proposals at any time prior to an award. Should Virginia Tech determine in writing and in its sole discretion that only one offeror has made the best proposal, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of this solicitation and the Contractor's proposal as negotiated.

Virginia Tech reserves the right to award multiple contracts as a result of this solicitation.

IX. MANDATORY PRE-PROPOSAL CONFERENCE:

A mandatory pre-proposal conference will be held on April 1 at 9:30 AM in Room 68 at Sterrett Facility Complex located at 230 Sterrett Drive. The purpose of this conference is to allow potential Offers an opportunity to present questions and obtain clarification relative to any facet of this Request for Proposal.

Due to the importance of all Offerors having a clear understanding of the scope of the work and requirements for this solicitation, attendance at this conference will be a prerequisite for submitting a proposal. Proposals will only be accepted from those Offerors who are represented at this pre-proposal conference. Attendance at the conference will be evidenced by the signatures on the attendance roster. If a representative appears on your behalf, the representative must provide a signature and also identify the name of the Offeror.

Bring a copy of this solicitation with you. Any changes resulting from this conference will be issued in a written addendum to this solicitation. No one will be admitted after 9:35 AM.

It is strongly recommended that you obtain a Virginia Tech parking permit for display on your vehicle prior to attending the conference. Parking permits are available from the Virginia Tech Parking Services Department located at 505 Beamer Way, phone: (540) 231- 3200, e-mail: parking@vt.edu.

X. INVOICES:

Invoices for goods or services provided under any contract resulting from this solicitation shall be submitted by email to vtinvoices@vt.edu or by mail to:

Virginia Polytechnic Institute and State University (Virginia Tech) Accounts Payable North End Center, Suite 3300 300 Turner Street NW Blacksburg, Virginia 24061

XI. METHOD OF PAYMENT:

Virginia Tech will authorize payment to the contractor as negotiated in any resulting contract from the aforementioned Request for Proposal.

Payment can be expedited through the use of the Wells One AP Control Payment System. Virginia Tech strongly encourages participation in this program. For more information on this program please refer to Virginia Tech’s Procurement website:

http://www.procurement.vt.edu/vendor/wellsone.html or contact the procurement officer identified in the RFP.

XII. ADDENDUM:

Any ADDENDUM issued for this solicitation may be accessed at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=VATech. Since a paper copy of the addendum will not be mailed to you, we encourage you to check the web site regularly.

XIII. COMMUNICATIONS:

Communications regarding this solicitation shall be formal from the date of issue, until either a Contractor has been selected or the Procurement Department rejects all proposals. Formal mailto:parking@vt.edu mailto:vtinvoices@vt.edu http://www.procurement.vt.edu/vendor/wellsone.html communications will be directed to the procurement officer listed on this solicitation. Informal communications, including but not limited to request for information, comments or speculations regarding this solicitation to any University employee other than a Procurement Department representative may result in the offending Offeror’s proposal being rejected.

XIV. CONTROLLING VERSION OF SOLICITATION:

The posted version of the solicitation and any addenda issued by Virginia Tech Procurement Services is the mandatory controlling version of the document. Any modification of/or additions to the solicitation by the Offeror shall not modify the official version of the solicitation issued by Virginia Tech Procurement Services. Such modifications or additions to the solicitation by the Offeror may be cause for rejection of the proposal; however, Virginia Tech reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

XV. TERMS AND CONDITIONS:

This solicitation and any resulting contract/purchase order shall be governed by the attached terms and conditions, see Attachment A.

XVI. CONTRACT ADMINISTRATION:

A. The individual user departments at Virginia Tech shall be identified as the Contract Administrators and shall use all powers under the contract to enforce its faithful performance.

B. The Contract Administrators in each user departments shall determine the amount, quantity, acceptability, fitness of all aspects of the services and shall decide all other questions in connection with the services. Contract Administrators, or designees, shall not have authority to approve changes in the services which alter the concept or which call for an extension of time for this contract. Any modifications made must be authorized by the Virginia Tech Procurement Department through a written amendment to the contract.

C. Kim Widrig, Senior Contracts Officer in Procurement, shall oversee the contract in its entirety and will serve as the point of contact for issues involving this contract.

XVII. ATTACHMENTS:

Attachment A - Terms and Conditions Attachment B – Pricing Breakdown Attachment C – Project Manual Attachment D – Drawings

ATTACHMENT A

TERMS AND CONDITIONS

RFP GENERAL TERMS AND CONDITIONS

See:

https://www.procurement.vt.edu/content/dam/procurement_vt_edu/docs/terms/GTC_RFP_02182022.pdf

ADDITIONAL TERMS AND CONDITIONS

1. ADDITIONAL GOODS AND SERVICES: The University may acquire other goods or services that the supplier provides other than those specifically solicited. The University reserves the right, subject to mutual agreement, for the Contractor to provide additional goods and/or services under the same pricing, terms and conditions and to make modifications or enhancements to the existing goods and services. Such additional goods and services may include other products, components, accessories, subsystems, or related services newly introduced during the term of the Agreement.

2. AUDIT: The Contractor hereby agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. Virginia Tech, its authorized agents, and/or the State auditors shall have full access and the right to examine any of said materials during said period.

3. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that Virginia Tech shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

4. CANCELLATION OF CONTRACT: Virginia Tech reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor.

In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

5. CONTRACT DOCUMENTS: The contract entered into by the parties shall consist of the Request for

Proposal including all modifications thereof, the proposal submitted by the Contractor, the written results of negotiations, the Commonwealth Standard Contract Form, all of which shall be referred to collectively as the Contract Documents.

6. IDENTIFICATION OF PROPOSAL: Virginia Tech will only be accepting electronic submission of proposals. All submissions must be submitted to the Virginia Tech online submission portal. Upon completion you will be directed to your Submission Receipt. Virginia Tech will not confirm receipt of proposals. It is the responsibility of the offeror to make sure their proposal is delivered on time.

Attachments must be smaller than 50MB in order to be received by the University. Proposals may NOT be hand delivered to the Procurement Office.

7. NOTICES: Any notices to be given by either party to the other pursuant to any contract resulting from this solicitation shall be in writing via email.

8. SEVERAL LIABILITY: Virginia Tech will be severally liable to the extent of its purchases made against any contract resulting from this solicitation. Applicable entities described herein will be severally liable to the extent of their purchases made against any contract resulting from this solicitation.

https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.procurement.vt.edu%2Fcontent%2Fdam%2Fprocurement_vt_edu%2Fdocs%2Fterms%2FGTC_RFP_02182022.pdf&data=04%7C01%7Ckblink%40vt.edu%7C018aeb2aaa35421c9fe708da02d3670e%7C6095688410ad40fa863d4f32c1e3a37a%7C0%7C0%7C637825404247717701%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=LamekI9%2FuUesWyipfZ0nwEyjJfuXxvX2vD%2BwBehgPiY%3D&reserved=0

9. CLOUD OR WEB HOSTED SOFTWARE SOLUTIONS: For agreements involving Cloud-based Web-hosted software/applications refer to link for additional terms and conditions:

https://www.procurement.vt.edu/content/dam/procurement_vt_edu/itprocurement/Data_Security_FER PA_Addendum_2024.docx.

10. AS-BUILT DRAWINGS: The contractor shall provide Virginia Tech a clean set of reproducible "as built" drawings and wiring diagrams, marked to record all changes made during installation or construction. The Contractor shall also provide Virginia Tech with maintenance manuals, parts lists and a copy of all warranties for all equipment. All "as built" drawings and wiring diagrams, maintenance manuals, parts lists and warranties shall be delivered to Virginia Tech upon completion of the work and prior to final payment.

11. ASBESTOS: Whenever and wherever during the course of performing any work under this contract, the Contractor discovers the presence of asbestos or suspects that asbestos is present, he shall stop the work immediately, secure the area, notify the Building Owner and await positive identification of the suspect material. During the downtime in such a case, the contractor shall not disturb any surrounding surfaces but shall inform all employees that the suspect material is not to be disturbed, and shall vacate and secure the area until an identification has been made if suspect debris is present. In the event the contractor is delayed due to the discovery of asbestos or suspected asbestos, then a mutually agreed extension of time to perform the work shall be allowed the contractor but without additional compensation due to the time extension.

12. OPTIONAL PERFORMANCE AND PAYMENT BONDS: The University reserves the right in its own discretion to require performance and payment bonds prior to execution of the Contract. The successful offeror/bidder shall be prepared to deliver executed Commonwealth of Virginia Standard Performance and labor and Material Payment Bonds if so requested each in the sum of the contract amount, with the Commonwealth of Virginia, Virginia Polytechnic Institute and State University as oblige. The surety shall be a company or companies approved by the State Corporation Commission to transact surety business in the Commonwealth of Virginia. No payment shall be due and payable to the contractor, even if the contract has been performed in whole or in part, until the bonds have been delivered to and approved by the procurement office. Standard bond forms will be provided by the procurement office if the University does so request a performance and payment bond.

Determination of the requirement to submit performance and payment bonds will be made by the University at it sole discretion based on the following:

• Complexity of the project

• Timeline of the project

• Evaluation of the contractor’s references provided

• Past history of work performance at the University

All offerors/bidders shall be prepared to provide said bonds upon request. If requested, cost to obtain these bonds will then be added to the contractor’s base price.

13. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I certify that this firm/individual and/or subcontractor is properly licensed for providing the goods/services specified

Contractor Name: _______________________ Subcontractor Name: _______________________

License #: _____________________________ Type: ____________________________________

14. CRIMINAL CONVICTION CHECKS: All criminal conviction checks must be concluded before the

Contractor’s employees gaining access to the Virginia Tech Campus. Employees who have separated https://www.procurement.vt.edu/content/dam/procurement_vt_edu/itprocurement/Data_Security_FERPA_Addendum_2024.docx https://www.procurement.vt.edu/content/dam/procurement_vt_edu/itprocurement/Data_Security_FERPA_Addendum_2024.docx employment from Contractor shall undergo another background check before re-gaining access to the Virginia Tech campus. Contractor shall ensure subcontractors conduct similar background checks. All criminal conviction checks will normally include a review of the individual’s records to include Social Security Number Search, Credit Report (if related to potential job duties), Criminal Records Search (any misdemeanor convictions and/or felony convictions are reported) in all states in which the employee has lived or worked over the past seven years, and the National Sex Offender Registry. In addition, the Global Watch list (maintained by the Office of Foreign Assets Control of The US Department of Treasury) should be reviewed. Virginia Tech reserves the right to audit a contractor’s background check process at any time. All employees must self-disclose any criminal conviction(s) occurring while assigned to the Virginia Tech campus. Such disclosure shall be made to Contractor, which in turn shall notify the designated Virginia Tech contract administrator within 5 days. If, any time during the term of the contract, Virginia Tech discovers an employee has a conviction which raises concerns about university buildings, property, systems, or security, the contractor shall remove that employee’s access to the Virginia Tech campus, unless Virginia Tech consents to such access in writing. Failure to comply with the terms of this provision may result in the termination of the contract.

a. The University has an awarded contract with a service provider for criminal conviction screening and background checks. The University prefers this vendor be utilized by the Contractor to comply with the contractual obligations and University Policy 4060.

b. If Contractor chooses to utilize a different firm than the university’s preferred provider, the

Contractor’s selected service provider shall be pre-approved by the Virginia Tech Police department as an acceptable service provider for criminal conviction and background checks to ensure that firm’s service levels meet the requirements of University Policy 4060.

c. If a Contractor chooses to utilize a different firm than the university’s preferred provider, a five-day hold will be required before placement of employees deemed by the Contractor to meet all of the requirements of the University including a clean background check.

Contractor shall provide the University with the name, date of birth and the last four digits of the social security number of all individual(s) to be placed in a temporary position under this contract. The University reserves the right to conduct its own background check process during this hold period.

15. DELIVERY AND STORAGE: It shall be the responsibility of the contractor to make all arrangements for delivery, unloading, receiving and storing materials in the building during installation. Virginia Tech will not assume any responsibility for receiving these shipments. Contractor shall check with Virginia Tech and make necessary arrangements for security and storage space in the building during installation.

16. FINAL INSPECTION: At the conclusion of the work, the contractor shall demonstrate to the authorized owner’s representatives that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the contractor at the contractor's sole expense prior to final acceptance of the work.

17. INSURANCE:

By signing and submitting a Proposal/Bid under this solicitation, the offeror/bidder certifies that if awarded the contract, it will have the following insurance coverages at the time the work commences. Additionally, it will maintain these during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

During the period of the contract, Virginia Tech reserves the right to require the contractor to furnish certificates of insurance for the coverage required.

INSURANCE COVERAGES AND LIMITS REQUIRED:

A. Worker's Compensation - Statutory requirements and benefits.

B. Employers Liability - $100,000.00 C. General Liability - $2,000,000.00 combined single limit. Virginia Tech and the

Commonwealth of Virginia shall be named as an additional insured with respect to goods/services being procured. This coverage is to include Premises/Operations Liability, Products and Completed Operations Coverage, Independent Contractor's Liability, Owner's and Contractor's Protective Liability and Personal Injury Liability.

D. Automobile Liability - $500,000.00 E. Builders Risk – For all renovation and new construction projects under $100,000

Virginia Tech will provide All Risk – Builders Risk Insurance. For all renovation contracts, and new construction from $100,000 up to $500,000 the contractor will be required to provide All Risk – Builders Risk Insurance in the amount of the contract and name Virginia Tech as additional insured. All insurance verifications of insurance will be through a valid insurance certificate.

F. The contractor agrees to be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Worker's Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contract.

18. Lead: The contractor is contracted by Virginia Tech to perform work in buildings where lead-containing materials such as lead-based paint may be located. Work performed under this contract may impact these lead materials (for example, during building renovations), but does not include lead abatement or de-leading operations. The contractor will be informed by Virginia Tech project coordinator/manager of the location of suspect and known lead containing materials in the work area(s) to which the contractor is assigned. The contractor shall provide all training and equipment required by 29 CFR 1926.62 for the safe performance of the work. The contractor may not perform de-leading or lead abatement unless they hold a valid Virginia Lead Contractor license and have been specifically retained to perform this work as a part of the contract. The contractor shall submit to Virginia Tech Environmental Health and Safety Services (EHSS) Department for review and approval his written Lead Work Plan which outlines work practices, precautions, procedures, and engineering controls to be used during work that disturbs lead prior to commencement of this work.

Work will not proceed until the Lead Work Plan has been approved by EHSS.

19. MATERIALS CONTAINING ASBESTOS: The offeror/bidder shall not incorporate any materials into the work containing asbestos. The offeror/bidder shall not incorporate any material known by the offeror/bidder to contain a substance known to be hazardous to health when the building is occupied unless specifically approved by Virginia Tech or required by the specifications. If the offeror/bidder becomes aware that a material required by the specifications contains asbestos, it shall notify Virginia Tech immediately and shall take no further steps to acquire or install any such material.

20. PRICE ESCALATION/DEESCALATION: Price adjustments for changes in the contractor’s price of materials, labor and transportation may be permitted. Request for price adjustments for any other reasons will not be granted. No price increases will be authorized for 365 calendar days after the effective date of the contract. Contractor shall give not less than 30 days advance notice prior to the annual renewal of the contract of any desired price increase.

The Contractor shall document the amount and proposed effective date of any general change in the price of materials, labor and transportation. Documentation shall be supplied with the contractor’s request for increase which will (1) verify that the requested price increase is general in scope and not applicable just to Virginia Tech, and (2) verify the amount or percentage of increase which is being passed on to the contractor by the contractor’s suppliers. Failure by the contractor to supply the aforementioned verification with the request for price increase will result in a delay of the effective date of such increase. The Virginia Tech Procurement Department may verify such change in price independently. The Virginia Tech Procurement Department may make such verification as it deems adequate. However, any increase which the Virginia Tech Procurement Department determines is excessive, regardless of any documentation supplied by the contractor, may be cause for cancellation of the contract by the Virginia Tech Procurement Department. The Virginia Tech Procurement Department will notify the contractor in writing of the effective date of any increase which is approved. However, the contractor shall fill all purchase orders received prior to the effective date of the price adjustments of the old contract prices.

“Across the Board” price decreases are subject to implementation at any time and shall be immediately conveyed to Virginia Tech. The contractor is further advised that price decreases which affect the price of materials, labor, and transportation are required to be passed on to Virginia Tech immediately. Failure to do so will result in action to recoup such amounts.

21. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime Contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

22. SAFETY: The contractor bears sole responsibility for the safety of its employees. The contractor shall take all steps necessary to establish, administer, and enforce safety rules that meet the regulatory requirements of the Virginia Department of Labor and Industry (VDLI) and the Occupational Safety and Health Administration (OSHA). The contractor shall take steps as necessary to protect the safety and health of university employees, students, and visitors during the performance of their work. In addition, the contractor must also provide the university with a written safety program that it intends to follow in pursuing work under this contract. By entering into a contract with Virginia Tech, the contractor and its subcontractors agree to abide by the requirements described in Safety Requirements for Contractors and Subcontractors located on Virginia Tech’s Environmental, Health and Safety Services (EHSS) web site at this URL https://ehs.vt.edu/programs/occupational-safety/contractor-safety.html

A copy of the publication may also be obtained by contacting EHS at 540/231- 5985. No work under this contract will be permitted until the university is assured that the contractor has an adequate safety program in effect.

23. SIDEWALK POLICY: Driving on sidewalks is allowed when there is no other way to get a needed vehicle to a designated place or building on campus. The vehicle operator shall be made aware that extreme caution shall be used to operate the vehicle in a way that will not be a hazard or hindrance to pedestrians using the walk. The contractor shall be responsible for any damage to turf and anything that is located adjacent to the walk. Parking an unattended vehicle on a sidewalk is strictly prohibited by State Law. The contractor is allowed to park a vehicle on a sidewalk if there is no other way to perform necessary work. The procedure to obtain a permit to operate a vehicle on sidewalks is the same as for the turf as outlined in Turf Policy. Any vehicle parked illegally on sidewalks shall be subject to ticketing, fines and towing if necessary.

https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fehs.vt.edu%2Fprograms%2Foccupational-safety%2Fcontractor-safety.html&data=05%7C01%7Ckblink%40vt.edu%7Ca9d04a1ad6834bff56b008db1f54d722%7C6095688410ad40fa863d4f32c1e3a37a%7C0%7C0%7C638138221478360665%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=GrcL3nsX64OIuER0BTevsYLExq7Z9SlhC4YlGAzwrak%3D&reserved=0

24. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of Virginia Tech. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish Virginia Tech the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by his subcontractor(s) and shall assure compliance with all requirements of the contract.

25. TURF POLICY: Parking or driving on campus turf or sidewalk is strictly prohibited, except as specifically directed or otherwise allowed by the Physical Plant Grounds Department. In this case, a turf permit must be obtained from Virginia Tech Parking Services and displayed by the vehicle.

Turf parking is not allowed under the canopy of any tree on campus. Any vehicle parked illegally on turf or sidewalks shall be subject to ticketing and fines.

26. WARRANTY (COMMERCIAL): The contractor agrees that the supplies or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such supplies or services and that the rights and remedies provided therein are in addition to and do not limit those available to Virginia Tech by any other clause of this solicitation. A copy of this warranty must be furnished with the Proposal/Bid.

27. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the Owner's satisfaction at the contractor's expense.

28. TIME FOR COMPLETION

(a) The Time for Completion shall be designated by the University on the Invitation for Bids, Request for Proposals, or other prebid/proposal documents. In some instances, the Time for Completion may be stated on the Invitation for Bids, Request for Proposals, or other prebid/pre-proposal document in the form of a Contract Completion Date. The Work must be substantially completed by the Time for Completion or the Contract Completion Date. Unless otherwise specified, the Contractor shall achieve Final Completion within thirty (30) days after the date of Substantial Completion.

(b) The Time for Completion shall be stated in the Contract between University and Contractor and shall become a binding part of the Contract upon which the University may rely in planning the use of the facilities to be constructed and for all other purposes. If the Contractor fails to substantially complete the Work within the Time for Completion or Contract Completion Date, as set forth in the Contract, he shall be subject to payment of actual damages incurred by the University or liquidated damages, if provided for in the Contract.

29. "ALL RISK" BUILDER'S RISK INSURANCE

a. Contractor Controlled During Construction: The Contractor, at his cost, shall obtain and maintain in the names of the University and the Contractor "all-risk" builder's risk insurance (or fire, extended coverage, vandalism and malicious mischief insurance, if approved by the University and the Director, Division of Engineering and Buildings) upon the entire structure or structures on which the Work of this Contract is to be done and upon all material in or adjacent thereto which is intended for use thereon, to one hundred percent (100%) of the insurable value thereof (i.e. construction costs, soft costs, FF&E, and the residual value of the existing structure to remain).