Sanitary Sewer Vault Rehabilitation

Agency:	City of Fairfax
State:	Virginia
Type of Government:	State & Local
NAICS Category:	237110 - Water and Sewer Line and Related Structures Construction
Posted Date:	Nov 28, 2023
Due Date:	Nov 30, 2023
Solicitation No:	44376
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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1. PROJECT DESCRIPTION/SCOPE:

This intent of this project is to rehab the top cover of the sanitary sewer vault structure at the Fairfax City

Property Yard. This structure is component of the wastewater treatment plant that was located on the

Property Yard parcel in the 1960's and has an access grate located below the 100-year floodplain elevation.

The project will elevate the structure and provide a watertight lid that will not allow for stormwater to

enter the sanitary system during the severe flood event.

2. OPTIONAL PREBID CONFERENCE: An optional prebid conference will be held on November 21, 2023 at

1:00 pm at the Fairfax City Property Yard, 3410 Pickett Road, Fairfax, VA. The purpose of this conference

is to allow potential bidders an opportunity to present questions and obtain clarification relative to any

facet of this solicitation.

While attendance at this conference will not be a prerequisite to submitting a bid, bidders who intend to

submit a bid are encouraged to attend. Bring a copy of the solicitation with you. Any changes resulting

from this conference will be issued in a written addendum to the solicitation.

3. AWARD: An award will be made to the lowest responsive and responsible. Evaluation will be based on

net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit

price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space

provided. Discounts for prompt payment will not be considered in making awards. The City reserves the

right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to

making an award. The Purchasing Agent reserves the right to make award on all items in the aggregate or

on any of the items on an individual basis, whichever is in the best interest of the City.

4. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (120) days. At the end

of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at

that time it remains in effect until an award is made or the solicitation is canceled.

5. TESTING: Testing will be conducted by Fairfax City staff.

6. LAWS AND REGULATIONS

The Contractor shall comply with the Virginia Uniform Statewide Building Code and all laws,

ordinances, rules, regulations and lawful orders of any public authority bearing on the

performance of the Work and shall give all notices required thereby. The Contractor shall assure

that all Subcontractors and tradespeople who perform Work on the Project are properly licensed

by the Department of Professional and Occupational Regulation as required by Title 54.1, Chapter

11, and Article 1 of the Code of Virginia and by applicable regulations.

This Contract and all other contracts and Subcontracts are subject to the provisions of Article 3,

Chapter 4, Title 40.1, Code of Virginia, relating to labor unions and the “right to work.” The

Contractor and its Subcontractors, whether residents or nonresidents of the Commonwealth, who

perform any Work related to the Project shall comply with all of the said provisions.

Contractor certifies that is does not, and shall not during the performance of the contract for goods

and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the

Federal Immigration Reform and Control Act of 1986.

In performing the Work under this Contract, the Contractor shall comply with the provisions of all

rules and regulations governing safety as adopted by the Safety Codes Commission of the

Commonwealth of Virginia and as issued by the Department of Labor and Industry under Title 40.1

of the Code of Virginia. Inspectors from the Department of Labor and Industry shall be granted

access to the Work for inspection without first obtaining a search or administrative warrant.

If the Contractor violates laws or regulations that govern the Project, the Contractor shall take

prompt action to correct or abate such violation and shall indemnify and hold the Owner harmless

against any fines and/or penalties that result from such violation. The Contractor also shall

indemnify and hold the Owner harmless against any third-party claims, suits, awards, actions,

causes of action or judgments, including but not limited to attorney’s fees and costs incurred

thereunder, that arise or result from Contractor’s violation of laws or regulations.

The Contractor is neither required nor prohibited from entering into or adhering to agreements

with one or more labor organizations, or otherwise discriminating against Subcontractors for

becoming or refusing to become, or remaining signatories to or otherwise adhering to,

agreements with one or more labor organizations. This section does not prohibit Contractor or

Subcontractors from voluntarily entering into agreements with one or more labor organizations.

Both the Agency and Contractor are entitled to injunctive relief to prevent any violation of this

section.

7. CONTRACTOR’S LICENSE: Class B contractor’s license required.

8. BUILDING PERMIT: A City of Fairfax right of way permit is required. The City of Fairfax, codes or zoning

ordinances apply to Work at the Site. The Building Permit will be obtained and paid for by the Owner. All

other permits, local license fees, business fees, taxes, or similar assessments imposed by the City and the

Department of Environmental Quality shall be obtained and paid for by the Contractor.

9. NONDISCRIMINATION

Contractor shall comply with the Federal Civil Rights Act of 1964, as amended, the Virginia Fair

Employment Contracting Act of 1975, as amended, the Virginia Human Rights Act, as amended,

and the laws of the Commonwealth of Virginia and all Executive Orders in effect at the time of the

Work which safeguard individuals from unlawful discrimination in employment.

Code of Virginia § 2.2-4311 shall be applicable to the Work of the Contract. During the

performance of this Contract, the Contractor agrees as follows: The Contractor shall not

discriminate against any employee or applicant for employment because of race, religion, color,

sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination

in employment, except where there is a bona fide occupational qualification reasonably necessary

to the normal operation of the contractor. The Contractor agrees to post in conspicuous places,

available to employees and applicants for employment, notices setting forth the provisions of this

nondiscrimination clause.

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

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

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

§ 2.2-4343.1(B).

10. TIME FOR COMPLETION: The Contractor shall complete the work within 90 days after the Notice to

Proceed. The Contractor shall be subject to payment of actual damages incurred by the Owner.

11. CONDITIONS AT SITE: As applicable, the Contractor shall have visited the Site prior to bidding or submitting

its proposal and is totally responsible for having ascertained pertinent local conditions such as location,

accessibility and general character of the Site. The Contractor shall not submit any claims or any request for

adjustments of the Contract Price or Contract Completion Date which result from its failure to consider such

conditions.

12. CONTRACT SECURITY: Mechanic’s liens may not be filed or recorded on City property. The Contractor shall

keep the Owner’s property free and clear from all mechanic’s liens.

13. SUBCONTRACTS: The Contractor shall notify the City in writing of the names of all Subcontractors proposed

for the principal parts of the Work. The Contractor shall be fully responsible to the Owner for all acts and

omissions of its agents and employees performing or furnishing any of the Work.

14. CONTRACTOR’S INSURANCE: In the absence of other contractual terms, for work performed on Fairfax

City owned or leased facilities or property, the contractor shall maintain at a minimum, the following

insurance coverages: Workers Compensation – statutory requirements and benefit; Employer’s Liability -

$100,000; Commercial General Liability - $1,000,000 combined single limit; Automobile Liability -

$1,000,000 combined single limit.

15. TAXES, FEES AND ASSESSMENTS: The Contractor shall, without additional expense to the Owner, pay all

applicable federal, state, and local taxes, fees.

16. INSPECTION: All material and workmanship shall be subject to inspection, examination and testing by the

Owner, authorized inspectors and authorized independent testing entities at any and all times during

construction. The Owner shall have authority to reject Defective Work and non-conforming material and

require its correction. Rejected workmanship shall be satisfactorily corrected and rejected material shall be

satisfactorily replaced with proper material without charge.

17. SUPERINTENDENCE BY CONTRACTOR: The Contractor shall have a competent foreman or superintendent

on the Site at all times during the performance of the Work. The superintendent shall be familiar with and

be able to communicate verbally and in writing with the Owner’s representative and the Contractor’s

workers. The Contractor shall, at all times, enforce strict discipline and good order among the workers on

the Project, and shall not employ on the Work, or contract with, any unfit person, anyone not skilled in the

Work assigned to him or her, or anyone who will not work in harmony with those employed by the

Contractor, the Owner or anyone who will not interact appropriately with the public. The Owner may, in

writing, require the Contractor to remove from the Site any employee the Owner deems to be incompetent,

careless, not working in harmony with others on the Site, not interacting appropriately with the public, or

otherwise objectionable.

18. CONSTRUCTION SUPERVISION, METHODS AND PROCEDURES: The Contractor shall be solely responsible

for supervising and directing the Work competently and efficiently to perform the Work in accordance with

the Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences

and procedures of construction and for coordinating all portions of the Work, except where otherwise

specified in the Contract Documents. The Contractor shall be solely responsible for health and safety

precautions and programs for workers and others in connection with the Work. No inspection by,

knowledge on the part of the Owner’s employees and agents shall relieve the Contractor from its sole

responsibility for compliance with the requirements of the Contract and its sole responsibility for health

and safety programs and precautions for the Work.

19. ACCESS TO WORK: The Owner’s inspectors and other testing personnel, the Building Official, inspectors

from the Department of Labor and Industry, and others authorized by the Owner, shall have access to the

Work at all times. The Contractor shall provide proper facilities for access and inspection.

20. STANDARDS FOR MATERIALS INSTALLATION & WORKMANSHIP: Unless otherwise specifically provided in

the Contract, all equipment, material, and accessories incorporated in the Work are to be new or Recycled

and in first-class condition. All workmanship shall be of the highest quality found in the building industry in

every respect. All items of Work shall be done by Persons skilled in the particular task or activity to which

they are assigned. In the acceptance or rejection of Work, no allowance will be made for lack of skill on the

part of Persons performing the Work. Poor or inferior workmanship shall be removed and replaced at

Contractor’s expense such that the Work conforms to the highest quality standards of the trades concerned,

or otherwise corrected to the satisfaction of the Owner, and other inspecting authority, as applicable.

21. WARRANTY OF MATERIALS AND WORKMANSHIP: The Contractor warrants that, unless otherwise

specified, all materials and equipment incorporated in the Work shall be new or Recycled, in first-class

condition, and in accordance with the Contract Documents. The Contractor further warrants that the Work

shall be of the highest quality and in accordance with the Contract Documents and shall be performed by

Persons qualified at their respective trades. Work not conforming to these warranties shall be considered

Defective. This warranty of materials and workmanship is separate and independent from and in addition

to any of the Contractor’s other guarantees and under Virginia law.

22. USE OF SITE AND REMOVAL OF DEBRIS: The Contractor shall perform the Work in such a manner as not to

interrupt or interfere with the operation of any existing activity on, or in proximity to, the Site; store its

apparatus, materials, Supplies and equipment in such orderly fashion at the Site of the Work as will not

unduly interfere with the progress of its Work. The Contractor shall frequently clean up all refuse, rubbish,

scrap materials and debris caused by its operations, to ensure that at all times the Site shall present a neat,

orderly and workmanlike appearance. No refuse, rubbish, scrap material or debris shall be left within the

completed Work nor buried on the Site, but shall be removed from the Site and properly disposed of.

23. PROHIBITION OF ALCOHOL AND OTHER DRUGS:

The Contractor shall establish a written policy to maintain and enforce a drug-free workplace, to specify

actions that will be taken against persons for violations of the policy, and to require that such policy be

binding on each of its employees, Subcontractors, and Suppliers performing Work of the Contract.

The Contractor’s policy shall prohibit the following acts by all Contractor, Subcontractor, and Supplier

personnel at the Site:

The manufacture, distribution, dispensation, possession, or use of a controlled substance or marijuana,

except possession and medically prescribed use of prescription drugs; and the impairment of judgment or

physical abilities due to the use of a controlled substance or marijuana, including impairment from

prescription drugs.

The Contractor shall post a copy of this policy in a conspicuous place at the Site and assure that all

personnel, including potential hires, are advised of the policy. A violation of this policy will be recognized as

a breach of Contract and may result in termination of the Contract.

The Contractor shall include in all solicitations or advertisements for employees placed by or on behalf of

the Contractor that the Contractor maintains a drug-free workplace.

The Contractor shall include the foregoing provisions as binding upon each Subcontractor and Supplier in

every subcontract or purchase order over $10,000.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in

connection with a specific contract awarded to a contractor in accordance with this chapter, the employees

of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation,

possession or use of any controlled substance or marijuana during the performance of the contract.

24. PROTECTION OF PERSONS AND PROPERTY: The Contractor expressly undertakes both directly and through

its Subcontractors, to take every reasonable precaution at all times for the protection of all Persons and

property at or near the Site or which may be affected by the Contractor’s Work. The Contractor shall be

solely responsible for initiating, maintaining and supervising all safety precautions and programs in

connection with the Work.

The Contractor shall continuously maintain adequate protection of all the Work and Site from damage and

shall protect the Owner’s property from injury or loss arising in connection with the Work. The Contractor

shall make good any damage, injury or loss caused by its operations or the Work, except as caused by agents

or employees of the Owner. The Contractor shall adequately protect adjacent property to prevent any

damage to it or loss of use and enjoyment by its owners.

25. EXISTING UTILITIES REQUIREMENTS:

The Contractor shall take care to protect and coordinate existing utilities when present while onsite. The

Contractor shall make proper notification to Miss Utility prior to commencement to any construction

activity. The Contractor is responsible for ensuring that the markings are identified prior and throughout

the course of the work.

The Contractor shall assume all liability and risk for inconvenience, delay, or expense that may be caused

by the Contractor. The Contractor shall take necessary precautions to prevent damage to existing utilities.

Contractor shall bear all costs to replace/repair damaged utilities that are caused by their operations. No

payment will be made to repair or replace damaged utilities. Damaged utilities shall be contacted by the

Contractor and repaired or replaced per the damaged utilities standards and specifications.

A copy of the Miss Utility ticket is required to be submitted with the invoice.

26. CHANGES IN THE WORK: The Owner may at any time, by written order utilizing the Change Order make

changes in the Work which are within the general scope of the Contract. Change Orders shall be effective

when signed by both parties, unless the Purchasing Agent approval (or by his or her designee) is required,

in which event the Change Order shall be effective when signed by the Purchasing Agent or his or her

designee.

27. OWNER’S RIGHT TO TERMINATE THE CONTRACT FOR CAUSE: If, through any cause, the Contractor fails to

fulfill in a timely and proper manner its obligations under his contract, or if the contractor violates any of

the terms and conditions, the City shall have the right to terminate the contract. The Contractor shall be

entitled to receive equitable compensation for any satisfactory work completed under the contract.

28. TERMINATION BY OWNER FOR CONVENIENCE: The Owner may terminate this Contract, in whole or in

part, at any time upon giving the Contractor written Notice of such termination. Upon Notice of termination

for convenience, the Contractor shall immediately cease Work and remove from the Site all of its labor

forces, equipment and such of its materials as Owner elects not to purchase or to assume. The Contractor

Sanitary Sewer Vault Rehabilitation

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