VIRGINIA COMMERCIAL SPACE FLIGHT AUTHORITY

REQUEST FOR PROPOSALS (RFP)

Issue Date: 10/08/2026

Subject: RFP 27.130300-003-007

Title: Structural Steel for Liquid Nitrogen (LN2) Tanks

Issuing Organization: Virginia Commercial Space Flight Authority 101 W. Main Street, Suite 602 Norfolk, VA 23510

Location of Work: Pad 0A

Virginia Commercial Space Flight Authority Mid-Atlantic Regional Spaceport

NASA Wallops Flight Facility Wallops Island, VA 23337

Proposals will be received until 11/05/2026 at 4:00 p.m. Eastern time for furnishing the scope described herein.

Proposals shall remain valid for 60 days from the date submittals are due.

VCSFA is not obligated to pay any costs incurred by the Offeror in preparing or submitting an offer to this RFP.

Certification:

In compliance with this RFP and all conditions imposed in this RFP, the undersigned firm hereby offers and agrees to furnish all services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation and hereby certifies that all information provided below and in response to this request for proposal and any schedule attached hereto is true, correct, and complete.

Name and Address of Firm:

By: ______________________________________ _______________________________________ Authorized Signature/Title Date Printed Name

Email Phone Number

Virginia Commercial Space Flight Authority

VCSFA RFP 27.130300-003-007

Structural Steel for Liquid Nitrogen (LN2) Tank

TABLE OF CONTENTS

PAGE

I. PURPOSE 2

II. STATEMENT OF NEEDS 2

III. REQUEST FOR PROPOSAL SCHEDULE 4

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS 4

V. EVALUATION AND AWARD CRITERIA 6

VI. GENERAL TERMS AND CONDITIONS 6

VII. OTHER TERMS AND CONDITIONS 6

VIII. ATTACHMENTS 8

I. PURPOSE

Virginia Commercial Space Flight Authority (“VCSFA,” Virginia Spaceport Authority or “VSA”) owns and operates the Mid-Atlantic Regional Spaceport (MARS). VCSFA seeks proposals for the fabrication and installation of structural steel and Helical Piles for the LN2 Tank Access platform located on Pad 0A at the Mid-Atlantic Spaceport (MARS) Wallops Flight Facility, Wallops Island, VA.

VCSFA is a political subdivision of the Commonwealth of Virginia and is exempt from the Virginia Public Procurement Act.

II. STATEMENT OF NEEDS

Please reference enclosed “Attachment C – Liquid Nitrogen (LN2) Tank Specification” in addition to the following description, which provides an overview of the project’s scope of work.

A. Base Scope – Structural Steel for Liquid Nitrogen (LN2) Tank:

VCSFA is requesting proposals for the construction and completion of helical piles and structural steel, for support of three (3) LN2 Tanks as well as associated access platforms, handrails, ladders and misc scope as follows to serve Pad 0A LN2 tank upgrades. All work shall be in accordance with the requirements and structural drawings provided in Attachment C. This project requires all labor, materials, equipment, and subcontractor support for the engineering, fabrication, installation, and anchoring of various steel platforms. All crane support, riggers, and heavy lift operations, as well as all third-party inspections for this scope are the responsibility of the contractor. The project also includes pipe supports, as illustrated in Attachment C, to be installed on existing foundations. These components include, but are not limited to, the following:

Primary support steel structure and access platforms with stairs and ladders to allow access to piping and valves at the LN2 storage tanks. All steel structures shall be in accordance with Attachment C and the below scope.

The contractor shall complete demo of existing grout.

The contractor shall recoat all existing bolts, anchors, and hardware at the completion of this scope with carbozinc 11 or approved equivalent. Contractor shall provide new hardware for existing anchor bolts as required and detailed in Attachment C.

The contractor shall ensure the structures are grounded utilizing exothermic welding. Existing ground grid is located within 20’ of the structure foundations. Trenching as necessary shall be included.

The contractor is responsible for procuring all crane and heavy-lift operations to include cranes, riggers, and support equipment for transport and install for a complete implementation.

Contractor shall field verify as necessary through On-Site Survey of existing foundations prior to submitting fabrication drawings to validate locations and elevations of anchors, stair landings, etc.

Any discrepancies shall be brought to the Engineer of Record (EOR) and VSA’s attention in a timely manner. Contractor shall be responsible for making corrections due to inconsistencies if proper field verification and surveying is not implemented in shop drawing creation.

Demo concrete as needed for helical pile installations. Known concrete slab South of Southern support pier.

Provide corrosion protective coating to the threaded tension rods 1’ below grade to the top of the rods. These are the rods connecting the helical piles to the LN2 tank support frame to prevent overturning.

Ensure corrosion prevention is applied to all metals as applicable.

Installation and inspection of helical piles and provide VSA inspection report.

o Contractor shall provide a Professional Engineer (PE) signed letter stating all helical piles meet or exceed design capacity.

All third-party inspections required for this scope are the responsibility of the contractor. The Contractor is to provide the owner documented letters of each inspection.

The successful contractor shall provide shop drawings for review within five business days of contract execution.

The Contractor acknowledges the owner, VCSFA, requires three business days maximum to review and return comments on the shop drawings. The Contractor shall turn around any revisions to shop drawings within two business days. Upon approval of the shop drawings, the Contractor shall provide Virginia PE stamped drawings for record within two business days to release this scope into fabrication.

The desired project completion date for this effort is 1/18/2027. The contractor shall provide a breakdown of their proposed schedule in accordance with Attachment E.

The Contractor shall provide all procurement, fabrication, and installation by meeting contract deadlines as outlined in Attachment E

Installation on-site includes but is not limited to anchorage and equipment to set the materials in place.

The Contractor is responsible for all layout and surveying to achieve elevations/design during on-site installation, including but not limited to location and shimming for elevation as needed.

o Contractor shall provide survey as-builts of structure upon completion of scope prior to final payment. Survey shall include general survey of structure and specifically elevation and lat/long of vertical tank anchorage hole centers in top of support structure. As-Built shall be delivered to VSA in DWG and PDF files.

Contractor personnel shall participate in on-site safety training before accessing and implementing this scope.

Scope punchlist by EOR and VSA will be performed on a date agreed upon by vendor prior to but near completion and punchlist items shall be corrected within 2 weeks of vendor receiving report.

The Contractor shall coordinate site logistics with VCSFA.

B. Options

VCSFA reserves the right, at its sole discretion, to purchase the construction and completion of helical piles and structural steel for the support of three (3) additional LN2 Tanks of the same design, materials, fabrication, and performance specification as the Base Scope. Option may be exercised in whole or in part, during a fixed period as agreed to by VCSFA and the Offeror (the “Option Period”). VCSFA is requesting an Option Period of Q4 2027 – Q1 2028; however, VCSFA intends to negotiate with the Successful Offeror to determine a mutually agreed upon Option Period that is in the best interests of VCSFA. Offerors shall provide firm-fixed, all-inclusive pricing for the Option on the Pricing Form along with a period during which the

Offeror’s pricing shall remain firm. Such pricing shall include all costs necessary to construct and complete helical piles and structural steel for the support of three (3) LN2 Tanks including but not limited to materials, labor, engineering, fabrication, installation, and anchoring of various steel platforms identical to the base scope.

The exercise of any Option(s) shall be made by written notice from VCSFA to the Successful Offeror within the Option Period. Delivery schedules for the Option shall be negotiated between VCSFA and the Contractor prior to execution of the Option and shall not impact scope or pricing.

C. Payment Schedule

VCSFA’s requested payment schedule is with 15% upon contract execution, 25% upon major material order confirmation, 25% fabrication completion, 35% upon customer inspection completion. However, VCSFA will negotiate a final payment schedule with the Successful Offeror prior to contract award.

Offerors shall include their requested payment schedule on their Pricing Form in Attachment D for VCSFA’s consideration.

III. SCHEDULE

Request for Proposal

a. Solicitation Release: 10/08/7/2026

b. Site Visit: Mandatory 10/16/2026 at 1:00 p.m. EST. Email Quincy Johnson at quincy.johnson@vaspace.org two (2) days prior to site visit for badge access. Due to the importance of all offerors having a clear understanding of the specifications/scope of work and requirements of this solicitation, attendance at this site visit will be a prerequisite for submitting a proposal. Proposals will only be accepted from offerors who are represented at this site visit.

c. Questions must be submitted to solcitations@vaspace.org no later than 10/21/2026 4:00 p.m. EST.

d. Proposals are due 11/05/2026 by 4:00 p.m. EST, emailed to solicitations@vaspace.org

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

A. GENERAL REQUIREMENTS:

1. Response

a. In order to be considered for selection, Offerors must submit an electronic proposal by the date and time noted above and on the cover of this solicitation.

b. Proposal must include all requested information, to include attachments to this solicitation, in order to be deemed responsive. Failure to submit requested information may be grounds for VCSFA rejecting the proposal.

c. Receipt of an electronic proposal shall be used to determine timeliness.

d. Proposals must be submitted to solicitations@vaspace.org.

2. Proposal Preparation

a. Proposals must be signed by an authorized representative of the Offeror.

b. All information requested must be submitted. Proposals shall be organized as outlined.

c. All pages of the proposal should be numbered, and each paragraph in the proposal should reference the page number and paragraph number (as appropriate) of the corresponding section of the RFP. Information that 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 which are not organized in this manner risk elimination from consideration if VCSFA is unable to find where the RFP requirements are specifically addressed.

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

e. Proposal Preparation Costs: The Offeror is responsible for all costs of proposal preparation.

VCSFA is not liable for any cost incurred by an Offeror in response to this RFP.

f. Proposal shall remain valid for sixty (60) days from date of submission, with the exception of Option Pricing, which shall have a validity period as set forth in the Offeror’s proposal, subject to negotiation between the Parties.

3. All proposals Shall Include:

a. Cover sheet of this RFP - filled out as required and signed by an authorized representative of the Offeror.

b. VCSFA Business Certificate and W-9 - Attachments A and B respectively.

c. Exceptions to RFP or Terms and Conditions - Attachment I

d. Executive Summary – A concise overview of the proposed approach, highlighting how it meets or exceeds the scope requirements, and addresses any identified project risks.

e. Qualifications and Experience – Provide an overview of the offeror’s qualifications to perform the work, including relevant experience, technical competencies, and management capabilities. The response should demonstrate the offeror’s ability to successfully execute projects of similar scope and complexity. Include descriptions of 3 relevant projects that highlight the Offeror’s capability to manage, deliver, and support work of this nature. Of particular interest are projects involving aerospace/government customers and complex delivery requirements.

f. Technical Approach – The proposal shall provide a detailed methodology in response to the Statement of Needs, including but not limited to the following:

• Design process

• Fabrication process and impact of current market conditions on material availability and lead times

• Discussion of potential risks and proposed plan to mitigate them, including what role VCSFA could play to address risks.

• Warranty Terms

• Subcontracting plan for any work that will not be self-performed

g. Project Price – Total proposed firm-fixed price, with elemental breakout, in accordance with Attachment D. All costs to provide the full scope must be disclosed, including the cost of coordination with third parties to fulfill delivery.

h. Project Schedule – Detailed timeline identifying milestones and proposed completion dates in accordance with Attachment E. Mitigation strategies for potential delays should also be addressed.

i. Assumptions -List of assumptions that support the proposed approach, cost and schedule. This list shall include specific support and/or dependencies required from

VCSFA.

j. Proposals/quotes of lower-tier subcontractors, if any.

V. EVALUATION AND AWARD CRITERIA

Proposals will be evaluated based on best overall value with the following criteria, in order of priority:

1. Technical Approach – thoroughness, realism, and effectiveness of Offerors plan to complete the scope of work.

2. Qualifications and experience - The offeror’s expertise and experience in providing the requested goods and services, including the quality and relevance of sample projects provided.

3. Completion schedule - The feasibility and efficiency of the proposed timeline, with an emphasis on completion date.

4. Cost - Competitiveness, completeness, and realism of proposed pricing. Costs will be evaluated based on the breakdown provided in Attachment D, including Base Scope and Option. VCSFA reserves the right to award a contract for the Base Scope only and to exercise any or all options at its sole discretion.

Proposals that are not in compliance with specifications will not be considered. Proposals shall be evaluated by VCSFA based on the above specific criteria and completeness, relevance, and quality of the Offeror’s responses to the RFP and the specific proposal requirements.

VCSFA reserves the right to reject any and all proposals; or to select the proposal that in VCSFA’s judgment, best accomplishes the purpose of the request.

VI. GENERAL TERMS AND CONDITIONS

The following terms and conditions are incorporated into this solicitation:

Attachment F - VCSFA Terms and Conditions Attachment G - Virginia Commercial Space Flight Authority (VCSFA) Prime Contract Flow Down

Document (GS8818-24-C-B001dated 11/01/2023)

By submitting a proposal, the offeror confirms acceptance of these terms as well as any other terms and conditions contained in this RFP. Any exceptions to these terms should be identified in accordance with Attachment I.

VII. OTHER TERMS AND CONDITIONS

1. In accordance with the Virginia Fair Employment Contracting Act, Va. Code Sec. 2.2- 4200 et seq., the Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or 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, including the names of all contracting agencies with which the Contractor has contracts of over $10,000.

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

c. If the Contractor employs more than five employees, the Contractor shall

(i) provide annual training on the Contractor’s sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the 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.

d. The Contractor shall include the provisions of subdivisions a, b, and c above in every subcontract or purchase order of over $10,000, so that those provisions will be binding upon each subcontractor or vendor.

2. The Contractor agrees to comply with all applicable federal and state laws and regulations pertaining to information security and data privacy.

3. Request to Protect Records from Public Disclosure

Information which you desire to make available to VCSFA but which you believe should be exempted from disclosure, such as a trade secret, proprietary information, or other confidential information, should clearly by identified and designated as such, stating in writing why protection of that information is needed. The Respondent should make a written request to solicitations@vaspace.org. The written request shall:

a. Specify the applicable Code of Virginia exemption (such as Va. Code Sec. 2.2-3705.6(24)), upon the submission of the materials for which protection is sought.

b. Identify specifically and conspicuously the data or other materials for which the protection is sought (requesting protection for the entire response does not comply with this requirement and such request will be rejected); and,

c. State the reasons why protection is necessary.

Failure to take such precautions prior to submission of information may subject confidential information to disclosure under the Virginia Freedom of Information Act.

4. Access to VSA Facilities. The Contractor warrants that it does not and shall not, during the performance of this agreement, knowingly employ an unauthorized alien as defined in the Immigration Reform and Control Act of 1986. Any personnel requiring access to VCSFA properties or NASA Wallops Flight Facility must be US Citizens, and present a valid, unexpired, REAL-ID compliant, government issued photo identification. All requests for facility access must be coordinated through the designated VCSFA point of contact.

Contractor shall be required to submit the following giving five (5) business days advance notice for workers needing site access for less than 30 days:

Full Legal Name (as it appears on driver’s license)

VCSFA POC

Purpose of Visit Company Affiliation Date and Duration of Visit Facility/Building Visiting Mobile Phone Number

Deliveries directly to Wallops Island Facilities (32477 Causeway Road Wallops Island, VA 23337) shall require the delivery driver to possess a Bill of Lading (BOL) containing the following information: Date of Delivery, POC, Specific MARS Facility the item is being delivered to and a brief description of what is being delivered. The Island Gate Officer will issue a Drop Off badge to the driver after they have verified the bill of laden and the truck has been inspected by K-9. When the truck arrives K-9 will be contacted to come to the Island gate for the inspection. Escort is required from Island gate for pick-up from the Island even if a specific destination is on the BOL. Vendors on a schedule or those with frequent deliveries and any driver without a BOL will be required to report to N-1 for escort. All vehicles are subject to inspection.

VIII. ATTACHMENTS

Attachment A - VCSFA Business Certification Attachment B - W-9 Form Attachment C – Vertical Tank Foundation Specification Attachment D - Pricing Form Attachment E - Schedule Form Attachment F - VCSFA Terms and Conditions Attachment G – VCSFA Special Requirements Attachment H - Virginia Commercial Space Flight Authority (VCSFA) Prime Contract Flowdown

Document (FA8818-24-C-B001) Attachment I- Exceptions to VCSFA RFP, Terms and Conditions, and Special Requirements

Dear Valued Supplier, We request that you complete the following information in order to with

. Please return this form as soon as possible

Company Name Company Name Street Address Street Address City City State Zip State Zip

Cage Code

President: CFO:

No. of Employees:

If Subsidiary, name of Parent:

Signature:__________________________________ Title:

Date:

Vendor ID: Classification: __ __ __ __ __ __ __ __

Export/Import Certification

(NAICS)

OFFEROR (____) is, (____) is not a “U.S. Person” as defined in the ITAR 22 CFR Part 120.15 and EAR 15 CFR 772.

OFFEROR (____) is registered, (____) is exempt from registration, (_____) is not registered with the U.S. Department of State, Directorate of

Defense Trade Controls per ITAR 22 CFR Part 122.1 (a) and (b). Expiration Date of Registration (________________) OFFEROR (____) will obtain the necessary export authorization prior to the release of controlled technical data or other defense articles provided by for the purpose of procurement to any Foreign Person in or outside of the United States.

In the event this effort contains controlled technical data within the definition of the International Traffic In Arms Regulations (ITAR), it is subject to the control laws of the U.S. Government. Transfer of this data by any means to a Foreign Person, whether in the United States or abroad, without an export license or other approval from the U.S. Department of State, is prohibited. Suppliers shall ensure any lower tier participants are made aware of this requirement.

Additionally, for service type orders, the supplier is advised that due to the nature of work performed by , it is anticipated that any services performed under this contract may include exposure to defense articles. As such, only U.S. Persons may work on any resultant order. The supplier is responsible for ensuring compliance with this requirement, and for flowing down the requirement to lower tier participants.

ORDERS MAY NOT BE PROCESSED UNTIL WE HAVE RECEIVED THE ABOVE INFORMATION

Company Addresses Order to: Remit to:

ITAR 22 CFR 120.15 and EAR 15 CFR Part 772 define a U.S. person as a person who is a lawful permanent resident as defined by 8 U.S.C.1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity.

Business Status

Pertinent Data

It is the policy of that small businesses and companies owned by socially and economically disadvantaged individuals have the maximum opportunity to participate in the performance of contracts awarded by the U.S. Government Federal agencies. Eligibility as a small business is based upon the regulations issued by the Small Business Administration, per Rev. 13, part 121 of the SBA Rules and Regulations.

Fax Number

If so, what year?

Dun & Bradstreet Number:Federal Tax I.D. Number:

Principal product or service:

(Assigned by POC)

Printed Name:_______________________________

Internal Use Only

Telephone Number Fax Number

Telephone Number

Has your company ever filed for Bankruptcy?

Years in Business:

Native American-Owned Small Business

Small Business Large Business Non-Profit Business Foreign Business Historically Black College & University or Minority Institution

Small Disadvantaged Business Women-Owned Small Business HUBZone Small Business Veteran Owned Small Business Service Disabled Veteran Owned Small Business Nonprofit Agency for Blind/Handicap

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Mid-Atlantic Regional Spaceport (MARS) Structural Steel for LN2 Tank Attachment D Pricing Form

Element Price

Fabrication Primary Steel Structure

Fabrication Access Platforms

Installation, Anchorage, and Hardware

Stairs, Ladders, and Hand Rails

Surveying

Grounding

Crane Support for Install Demo of existing Foundation pier grout

Demo of Concrete for Helical Piles

Helical Piles and Tension Rods

Third Party Inspections

Misc./Scope:

Construction Subtotal Adjustments

Bonds

Grand Total

Option Pricing Performance of second tanks support steel structure identical to base

-2-contract scope. Site plan indicating location will be released at later date.

Labor/Equipment Rates for Approved Changes (attach additional sheets as necessary)

Contractor shall provide standard and overtime rates for each classification of labor anticipated as well as hourly rate for each classification of equipment anticipated. All rates shall include overhead, profit, taxes, insurance, bonds, hourly minimums, etc.).

Trade Rate REG O.T.

Superintendent _______/hr. _______/hr.

Journeyman _______/hr. _______/hr.

Laborer _______/hr. _______/hr.

Other ________________ _______/hr. _______/hr.

Other ________________ _______/hr. _______/hr.

Other ________________ _______/hr. _______/hr.

Equipment

__________________ _______/hr. _______/hr.

___________________ _______/hr. _______/hr.

________________ _______/hr. _______/hr.

________________ _______/hr. _______/hr.

________________ _______/hr. _______/hr.

Virginia Commercial Space Flight Authority does not discriminate against faith-based organizations or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status or any other basis prohibited by state law relating to discrimination in employment.

Mid-Atlantic Spaceport (MARS) Structural Steel for LN2 Tank Attachment E

Schedule Form

Milestones and Durations (required): Indicate in working days. Please provide expedited options for schedule with associated costs, not required to submit bid but highly recommended.

Scope Desired Start

Desired Completion

Contractor Duration

Contractor Start

Contractor Completion

Full Scope 11-16-26 01-18-2026 Shop Dwg creation and review 11-16-26 12-04-26 Fabrication Time 12-04-26 01-01-26 Installation 01-01-26 01-18-26

Anticipated site mobilization date __________

Projected completion date for Scope __________

Bid Option Scope (Scope Duplicated): Projected timeline for bid option scope is Q4 2027 – Q1 2028.

Provide full scope duration from NTP to Completion for the bid option: _____________Working Days

Schedule: Contractor shall attach a schedule detailing completion of this scope of work in their proposal response, in addition to the required information above, to indicate additional detail, major milestones, etc.

VCSFA TERMS AND CONDITIONS

1. Definitions

2. The Work

3. Contract Documents

4. Submittals

5. Superintendence

6. Material and Workmanship

7. Progress and Completion

8. Mutual Responsibility

9. Changes

10. Delays

11. Default and Termination

12. Claims and Disputes

13. Regulatory Compliance, Inspections, and Testing

14. Environmental Protection

15. Safety

16. Safety Data Sheets

17. Substance Abuse

18. Indemnity and Insurance

19. Encumbrances

20. Warranties and Guarantees

21. Miscellaneous Requirements

22. Payments

23. Personnel Eligibility and Facility Access Requirements

1. DEFINITIONS

A. In this Agreement, the word “Work” shall mean the work, labor, supplies, equipment, services, materials, supervision, administration, and all other things necessary for the Design-Builder to perform all design and construction services required both expressly by the Contract Documents or reasonably inferable from the Contract Documents. The word “Project” shall mean all work, labor, services, materials and things required to be done to construct the entire Project of which the Work under this Contract is a part.

B. The word “Contractor” shall mean the Person or entity with whom the Owner has entered into the Contract for the Work (the terms “Design-Build Contractor,” “Design-Builder,” or “Design-Build Team” are also used).

C. The word “Owner” shall mean VCSFA.

D. The words “Architect/Engineer”, “Architect” or “Engineer” shall mean the Architect or Engineer engaged by the Contractor to furnish design and engineering services for the Project, as well as certain construction administration services.

E. The words “building”, “structure”, or “project” shall also mean, and include, outside utilities, sidewalks, landscaping, roads, streets, and other subjects and objects of construction related to the Work being provided by Contractor under this Agreement.

F. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an officer or agent of the corporation for whom it was intended, or if delivered to or sent by Registered or Certified mail or by courier services to the last business address known to the party giving notice.

2. THE WORK

A. The Contractor agrees to provide the Work required and will complete the Scope of Work as defined above, in connection with the design and construction of the Project, and will furnish all labor, services materials, scaffolding, equipment, systems, machinery, tools, apparatus, and transportation necessary to complete the Work, as described herein and as described in “Attachment G, VCSFA Special Requirements”, including all required design documents, shop drawings, and samples and shall, as often as directed by the Owner, completely clean all work and remove all contributing debris from the jobsite or to locations designated by the Owner, and perform all work necessary to complete the items of Work as stated in the Contract Documents.

3. CONTRACT DOCUMENTS

A. The Contract Documents consist of this written Agreement between the Owner and the Contractor including Attachments, all Drawings, Specifications, Addenda, Construction Schedule(s), Change Order(s), and written orders for minor changes in the Work issued by the Owner, all of which constitute one instrument.

B. Except as modified by this Agreement, the Work shall be performed and completed in accordance with the Contract Documents, including addenda thereto, all of which the Contractor acknowledges he has read and understands.

C. The Contract Documents including the Attachments, Drawings, Plans, Specifications, Special Requirements and addenda thereto, shall be kept on file in the office of the Owner, and shall be considered as exhibits to this Agreement. Work shown on the drawings, but not specified, or in the Specifications, are to be construed as supplementing each other.

D. Contractor hereby specifically acknowledges and declares the contract documents are sufficiently complete to have enabled it to determine the cost of work and that the RFP documents are sufficient to enable Contractor to design and construct the work outlined therein in accordance with applicable laws and otherwise to fulfill all its obligations under the contract documents and to determine the cost of work. Contractor is responsible for coordination and completeness of the design documents it produces. If Contractor performs any Project-related activity or if it knows that any contract document contains a recognized error, inconsistency, or omission and Contractor fails to report such a condition then said Contractor shall be responsible for such performance and shall bear the cost of correction thereof.

E. The Contractor, upon execution of this Agreement, shall be bound to the Owner by the terms of all the

Contract Documents. This Agreement shall preserve and protect the rights of the Owner with respect to the Work to be performed by the Contractor so that contracting thereof will not prejudice such rights.

The Contractor shall require each lower-tier Subcontractor to enter into the same Agreement.

F. In the event of any conflict or discrepancy in the provision of the Contract Documents, the Documents shall be interpreted on the basis of the following order of priority:

1) The Agreement between the Owner and Contractor, which shall incorporate by reference the RFP documents and Contractor’s proposal in response to the RFP, including properly signed Change Orders thereto;

2) Addenda, with later date having greater priority;

3) Specifications;

4) Drawings;

5) Large scale detail(s) and/or schedule(s)

6) Small scale detail(s).

G. The organization of the Specifications into Divisions, Sections, and Articles, and the arrangement of the Drawings, shall not control the Contractor in dividing the Work among Subcontractors or establishing the extent of the Work to be performed by any Trade.

4. SUBMITTALS

A. Design Submittals: The Contractor shall submit design documents to the Owner for review and comment at specific stages of development , 60%, 90%, 100% and Issue for Construction). All final Construction Documents, including drawings and specifications, shall be prepared by and bear the seal of a Professional Architect and/or Engineer Licensed in the Commonwealth of Virginia who is a member of the Design Build Team.

B. Construction Submittals: submittal data (shop drawing, samples, product data) shall be prompt and complete to ensure scheduled delivery of such equipment and/or materials so as not to delay the progress of either the Contractor’s Work or the work of others. Adequate copies of such data shall be submitted, plus the number of copies desired by the Contractor for its use. Contractor agrees to keep the Owner fully informed regarding its delivery schedule and will immediately advise the Owner should any delay be anticipated. A complete, up-to-date Procurement Schedule will be submitted on forms acceptable to the Owner upon request. The Procurement Schedule and Construction Schedule shall be compatible.

C. As-built documents and data shall be maintained and recorded daily by the Contractor as applicable to its Work and will be available for review by the Owner monthly, concurrently with the Contractor’s request for progress payments. The maintenance of the “as-built” documents by the Contractor on a daily basis is a condition precedent to receiving payment each month.

D. Approval of any design or construction submittal shall not relieve the Contractor of any duty and responsibility to perform the Work in the manner necessary to produce the results required by the Contract Documents and to provide a Project that is fit for its intended purpose.

E. The Contractor shall prepare a Material Status Report in a form acceptable to the Owner at a time agreed upon by the Owner and Contractor. The report shall include a complete list of suppliers, fabricators and/or manufacturers, the items to be purchased from the suppliers, fabricators and/or manufacturers, the time required for fabrication and delivery of each item, the original contracted delivery date(s) and revised delivery dates(s), if any, for each item. This report shall be updated monthly, and submitted with the Contractor’s monthly pay application, or more frequently as required by the Owner.

5. SUPERINTENDENCE

A. The Contractor shall provide adequate, competent, and experienced full-time, on-site supervision (satisfactory to the Owner) during the performance of the Work to be performed under this Agreement.

Such supervision shall have the authority to carry out directions from the Owner relating to the Contractor’s Work or responsibility.

B. The Contractor shall provide technical services, as required, to affect the operation of equipment and/or material furnished under this Agreement, including performance of specific testing, if any, and shall instruct the Owner’s personnel in the operation, maintenance and control of such equipment.

6. MATERIAL AND WORKMANSHIP

A. All Work shall be to the final approval of the Owner and their decision as to the performance of the

Work in accordance with the Contract Documents and professional standards of care.

B. The Contractor shall provide safe and sufficient facilities at all times for inspection of the Work by the

Owner or their authorized representatives.

C. Should the Owner condemn or fail to approve any Work and/or materials to be furnished under this

Agreement, the Contractor shall, within twenty-four (24) hours after receiving written notice from the Owner of such determination, proceed promptly to take down all portions of the Work and remove from the grounds and buildings all materials, whether worked or unworked, which are subjected to condemnation or disapproval, and shall promptly make good all such Work and all other work damaged or destroyed in removing or making good said condemned Work.

D. Contractor shall conform to and abide by any additional specifications, drawings, or explanations furnished by the Owner to illustrate the Work to be done, subject to the provisions of paragraph 9 – "Changes”.

E. Prior to starting any work, Contractor shall review all job conditions and shall immediately notify Owner in writing of any interferences, unacceptable conditions, or prior defective work by others that would affect the proper and timely execution of Contractor’s Work. Contractor shall be barred from making any claims and shall be responsible for any damages caused by the redoing of his Work.

F. Contractor shall field dimension the Work in any instance that accurate dimensions of fabricated components are required to guarantee a complete, high quality and compatible installation of the Contractor's Work as required to meet the intent of Contract Documents and details provided. Contractor shall immediately notify Owner in writing of any variances or irregularities in field conditions that will affect the functional or aesthetic integrity of the Contractor's Work. If the Contractor fails to field dimension or fails to notify Owner of irregularities or variances, the Contractor will pay all costs associated with the removal and replacement of its Work and all associated costs of Work of others required by Contractor's rework.

G. It is agreed and understood that any field modifications or design deviations performed without the approval from the Owner shall be at the Contractor’s sole risk and expense. . Any modification that deviates from the Owner’s Design Criteria or the Owner-approved Final Construction Documents may result in the Work being rejected. Furthermore, any cost associated to correct these field modifications, including the cost to re-design, re-engineer, or replace materials to restore compliance with the Contract Documents will be the responsibility of the Contractor.

H. Contractor agrees to perform repairs due to its own negligence throughout the course of the installation process. Furthermore, this Contractor includes all touch-up, final adjustments, and cleaning required ensuring that all work is turned over to VCSFA without damage and deterioration.

I. Contractor shall be responsible for the protection of any work that has been previously installed by another Contractor when work is being performed on, over, or near such work. This protection shall include visqueen, paper, plywood or any other means necessary to provide a complete protection system.

J. Contractor shall be responsible for furnishing, coordination of delivery, unloading, storing, handling, taking inventory, installing, and protecting all materials related to this scope of work. It is agreed and understood that the Contractor will coordinate with Owner to accomplish this. Furthermore, these responsibilities are agreed to be in place during normal working hours and off hours required for a complete scope of work.

K. Contractor shall be responsible for removing all trash and debris from the Project on a daily basis.

Failure to do so will result in the Owner performing the Work and deducting all costs from the Contractor amount.

L. Regarding clean-up of work only, if Contractor fails, within eight (8) hours of receipt of written notice to the Contractor’s field supervisor, to correct its failure to properly clean-up and dispose of all trash and waste materials created by the Contractor, the Owner shall have the right to perform such clean-up for Contractor, and the Contractor hereby agrees to pay Owner fifty ($50.00) dollars per labor hour for the time required, plus transportation and dumping costs, all as the agreed costs for the Owner to perform the clean-up work. Clean-up of the Work, and the daily removal of debris from the areas of the Work, is mandatory. Each day, all trash and debris shall be removed from the Project to an acceptable location. Fire exits, corridors and doorways as applicable shall be clear of debris and open to pedestrian and wheelchair traffic at all times, specifically including nights and weekends.

7. PROGRESS AND COMPLETION

A. The Owner shall coordinate all Work, and unless otherwise expressed or provided, the Contractor shall begin Work covered by this Agreement as soon as the Project is ready for such Work, or immediately upon verbal or written notice by the Owner and shall carry on said Work efficiently and at a rate that will not cause delay in the progress of the work of others.

B. The Contractor shall at all times, supply and promptly pay for, adequate tools, appliances, equipment, a sufficient number of properly skilled workers, and a sufficient amount of materials and supplies of specified quality to efficiently and properly prosecute the Work in accordance with the Project Schedule, and any modifications thereto, in order to achieve a project completion date established by the Owner with due consideration that other work is dependent upon the Work of this Agreement for proper and timely completion.

C. The Contractor is to employ workers who will work in harmony with those employed by the Owner, and other Contractors, and should the Owner’s or other Contractor’s work for any reason be stopped, or materially delayed, in the judgment of the Owner, due to the Contractor not having proper workers, then the Owner shall have the right, in addition to any and all other rights provided in this Agreement, forty-eight (48) hours after written notice to the Contractor, to employ such workers to complete the requirements of this Agreement, who will work in harmony with the employees of the Owner and other Contractors, and the cost of completing the Work shall be charged to the Contractor.

D. It is further understood that contracts will be awarded, and labor employed upon the job without discrimination as to whether the employees of the Owner, the Owner or Contractor are members, or are non-members, of any labor organization. The Contractor agrees that in the event of a work stoppage resulting from a labor dispute directed at the Contractor, the Owner shall have the right to proceed as set forth herein including, but not limited to, employing such workers as Owner deems appropriate to complete the requirements of this Agreement, and the cost of said completing the Work shall be charged to the Contractor.

E. If, in the opinion of the Owner, the Contractor falls behind in the progress of the Work to be done under this Agreement, the Owner may, upon seventy-two (72) hours written notice, direct the Contractor to take such steps as the Owner deems necessary to improve the rate of progress, including requiring the Contractor to increase the labor force, number of shifts and/or overtime operations, days of work, amount of plant or other remedies, and to submit for approval an outline schedule demonstrating the method under which the required rate of progress will be regained, without additional costs to the Owner. The Owner may, upon reasonable notice, require the Contractor to prosecute in preference to other parts of the Work, such parts as the Owner may specify. If Contractor fails to comply with the requirements of this subparagraph to Owner’s satisfaction, in addition to any other right or remedy Owner may have under this Agreement, the Owner may employ such workers and purchase and lease such materials and equipment as Owner deems necessary in order to regain the proper rate of progress with respect to the Work. All costs incurred by Owner in so regaining the proper rate of progress for the Work shall be charged to the Contractor.

F. In performing this Agreement, the Contractor agrees that it will not discriminate against any employee or applicant because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status or any other basis prohibited by state law relating to discrimination in employment, in the manufacture, assembly, delivery, erection and installation of materials and performance of the Work covered by this Agreement.

G. The construction time allotted for each phase or portion of the Project will be as stipulated in the Contract Documents. Date of commencement of the Work to be performed under this Contract shall be in accordance with Owner direction. Substantial completion shall be as stipulated in this Agreement.

Contractor shall furnish to the Owner insurance certificate(s), surety bonds, (if required) and an executed

(signed) contract within seven (7) calendar days of the issuance of this Agreement. Should the Contractor fail to furnish these required documents within seven (7) calendar days as stated above, the Owner may elect to proceed against the bid security (if provided) and award the Contract to another Contractor.

H. Contractor understands and recognizes that the system being installed under this Agreement is to be 100% complete and ready for use by the Owner immediately upon completion of said Contractor’s scope of work. Any incidental or miscellaneous equipment necessary for a complete installation is to be provided under this Agreement.

I. The Date of Substantial Completion of the Work or designated portion thereof is the date when the scope of this contract is sufficiently complete, in accordance with the Contract Documents, so that the Owner can occupy or utilize the Work or a designated portion thereof for the use for which it is intended.

J. The Construction Schedule shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the Contractor. The Construction Schedule shall also show pertinent activities for material purchase orders, manpower supply, shop drawing schedules, submittals and material delivery schedules.

8. MUTUAL RESPONSIBILITY

A. The quantity and Scope of Work required herein is directed by the whole of the Contract Documents, and the Contractor acknowledges its obligations under this Agreement to coordinate its Work with materials and/or equipment to be furnished by others to ensure a completely compatible system.

Accordingly, the Contractor shall review the fabrication drawings and the product data of all items requiring integration and compatibility with the Work required hereunder.

B. The Contractor shall review the surfaces provided by others to which its Work is to be applied and shall notify the Owner of any known defect or condition detrimental to proper procedures, prior to the commencement of its Work; otherwise, it shall be deemed that the Contractor has accepted the conditions of such surfaces and shall be liable for all consequences resulting therefrom.

C. Contractor shall be liable for any damages to adjacent surfaces caused by its Work, including damages resulting from Contractor’s cleaning of such surfaces.

D. The Owner, at their discretion, may make available within reasonable limits, temporary services for the benefit of Contractor as described in “Attachment H, Special Requirements #3 Temporary Facilities, Services and Site Utilization Plan”. Litter containers shall not be utilized for the deposit of scrap or waste construction materials. Contractor hereby agrees to constantly maintain proper housekeeping controls for construction debris and litter arising from its operations and shall clean on a daily basis, all debris and foreign material contributory to its operation.

E. Contractor shall provide, maintain, and remove from the Project site, on completion of Work, all its temporary offices (if required), structures for the use of its employees, sheds and…