CHESTERFIELD COUNTY PURCHASING DEPARTMENT

CHESTERFIELD, VIRGINIA Invitation for Bids

IFB Number: ...................................................................................................................................... 15-1249 Title: ........................................................................... Running Track Resurfacing for Various High Schools

Issue Date: .............................................................................................................................. June 29, 2015

Sealed Bids Due and Opening: ............................................................................. July 17, 2015, 2:30 P.M.

Bid Opening Location: ........................................................... Chesterfield County Purchasing Department 9901 Lori Road

Lane B. Ramsey Building, 3rd Floor, Room 303 Chesterfield, VA 23832

Inquiries: Questions which may arise as a result of this solicitation may be addressed to Stacy L. Seay, Senior Contract Officer, at (804) 748-1837, or by email to purchasing@chesterfield.gov. Inquiries must be received at least seven (7) business days prior to the due date in order to be considered. Contact initiated by a bidder concerning this solicitation with any other County representative, not expressly authorized elsewhere in this document, is prohibited. Any such unauthorized contact may result in disqualification of the bidder from this transaction. All prices shall be F.O.B. Destination: Various Chesterfield County High School locations. Freight, delivery costs, and incidental charges shall be included. My signature below certifies that: • I agree to abide by all conditions of this bid and that I am authorized to sign this bid; • the accompanying bid is not the result of, or affected by, any unlawful act of collusion with another

person or company engaged in the same line of business or commerce, or any act of fraud punishable under § 18.2-498.1, et. seq. of the Code of Virginia. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards;

• that the accompanying bid is in compliance with applicable provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100, et. seq. of the Code of Virginia). Specifically, without limitation, no County/School Board employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract; and

• that the accompanying bid is in accordance with applicable provisions of the Virginia Public Procurement Act, Art. 6 Ethics in Public Contracting (§ 2.2-4367, et. seq. of the Code of Virginia), and any other applicable law as set forth therein.

In compliance with this Invitation for Bids and to all conditions imposed therein the undersigned offers and agrees to furnish the goods/services in accordance with this signed bid. Complete Legal Name of Firm: ________________________________________________________

Order From Address: ________________________________________________________ ________________________________________________________ Remit To Address: ________________________________________________________ ________________________________________________________ Signature: __________________________________ Email: _____________________________

Name (type/print): ___________________________ Title: _____________________________

Fed ID No.: _____________________ Phone: (____) _______________ Fax: (____) ______________

This page must be returned with the Bid Form.

TABLE OF CONTENTS

I. PURPOSE ............................................................................................................ 3

II. SCOPE OF WORK/SPECIFICATIONS ................................................................ 3

III. INSTRUCTIONS ................................................................................................... 3

IV. GENERAL TERMS AND CONDITIONS ............................................................... 5

V. SPECIAL TERMS AND CONDITIONS ............................................................... 14

VI. BID FORM .......................................................................................................... 23

ATTACHMENT A - Virginia State Corporation Commission (SCC) Registration Information ................................................................................................................. 28

ATTACHMENT C - Environmental Guidelines and Checklist

ATTACHMENT D - Contract Sample

Page 3 of 31

I. PURPOSE

The purpose of this Invitation for Bids (IFB) is to solicit bids for all labor, equipment and materials necessary to remove and install new synthetic track surfaces at existing 400-meter running tracks at Cosby High School, Manchester High School, L.C. Bird High School and Thomas Dale High School. Work includes a new latex rubber track surface and new track striping.

II. SCOPE OF WORK/SPECIFICATIONS

A. SPECIFICATIONS GENERAL REQUIREMENTS

Section Title

PART 1 SUMMARY

PART 2 VENDOR REQUIREMENTS

PART 3 QUALITY ASSURANCE

PART 4 CONSTRUCTION MATERIALS/INSTALLATIION

PART 5 PAVING OVERSIGHT

PART 6 ASPHALT/RUBBER/LATEX APPLICATION

PART 7 WARRANTY

PART 8 VERIFICATION TESTING

PART 9 PREPARATION

B. Specifications are included in ATTACHMENT B. Information regarding use of a brand name is addressed in Section V. SPECIAL TERMS AND CONDITIONS, page 14 item F. Variance in specifications deemed not to be material, in the sole discretion of the County, may be allowed in determining the lowest responsive and responsible bidder.

C. All work shall be completed by June 30, 2016. Work schedules will be coordinated around school instructional hours. Pricing submitted on the Pricing Schedule for LOT 1 shall remain firm for the duration of the project.

III. INSTRUCTIONS

A. Submission and Receipt of Bids

1. Sealed bids shall be received in the Chesterfield County Purchasing Department, 9901 Lori Road, Lane B. Ramsey Building, 3rd Floor, Room 303, P.O. Box 51, Chesterfield, Virginia, 23832 until, but no later than the specified time and date of opening as designated in the invitation, and then publicly opened and read aloud. Bids shall be submitted in a sealed envelope with the IFB number and due date and time written on the outside of the envelope. The time of receipt shall be determined by the time clock stamp in the Purchasing Department. Bidders are responsible for

Page 4 of 31 ensuring that their bids are stamped by Purchasing Department personnel before the deadline. Late bids shall be rejected.

2. Bids or changes to a bid response shall not be accepted via fax or E-mail.

3. In the event that Chesterfield County government offices are not operating under normal staffing levels or if the location for bid submission, bid opening or a pre-bid conference is inaccessible due to inclement weather or other emergency situations at the published time, the bid submission, bid opening or pre-bid conference will default to the next regular business day at the same time.

4. All bids shall be signed in the space provided for a signature on the cover sheet and returned. If the bidder is a partnership or corporation, the bidder shall show the title of the individual signing the bid, and if the individual is not the president or vice president of the partnership or corporation, if requested, the bidder shall submit proof that the individual has the authority to bind the partnership or corporation.

5. Bids concerning separate bid invitations are not to be combined on the same form or placed in the same envelope. Bids submitted in violation of this provision may not be considered.

6. Unless otherwise specified, bidders are to complete and return the Bid Form furnished by the County.

7. No bid shall be altered or amended after the specified time for opening.

8. If you are an individual with a disability and require a reasonable accommodation in order to participate in this procurement, please notify the Purchasing Department at (804)748-1617 as soon as possible.

9. For information pertaining to the bid tabulation, decision to award and/or award on this procurement transaction, bidders may access public notification electronically at: www.chesterfield.gov/purchasing.

B. Amendments or Requests to Withdraw Bids by a Bidder Prior to Bid Opening: A bidder may amend and/or withdraw their bid before the due date and time designated for receipt of bids. All requests from a bidder to return their bid shall be in writing, addressed to the Purchasing Department, and signed by a person authorized to represent the person or firm that submitted the bid. The bidder may be contacted by telephone to verify the authorization of the return request and the signature involved if there is doubt as to the document’s authenticity. All amendments to the bid are to be initialed by an individual authorized to represent the bidder.

C. Pre-Bid Conference (Non-Mandatory): A non-mandatory pre-bid conference will be held on July 6, 2015 at 3:00 p.m. The conference will be held at: Cosby High School, 14300 Fox Club Parkway, Midlothian, VA 23112. Attendees should convene at the football field box office.

Attendance is encouraged; however, it is not mandatory in order for your bid to be considered for award.

Page 5 of 31

IV. GENERAL TERMS AND CONDITIONS

A. Addenda: Any changes or supplemental instructions to this solicitation shall be in the form of written addenda. All addenda are downloadable from the Purchasing Department web site at: www.chesterfield.gov/purchasing. Each bidder is responsible for obtaining all addenda posted at the Purchasing Department website or by calling (804) 748-1617. Acknowledgement of receipt of all addenda shall be in the space provided within the solicitation or by returning a copy of each signed addendum. Failure to do so may result in rejection of the bid. All addenda issued shall become part of the solicitation and all resulting contract documents.

B. Appropriation of Funds: The continuation of the terms, conditions, and provisions of a resulting contract beyond June 30 of any year, the end of the County’s fiscal year, are subject to approval and ratification by the Chesterfield County Board of Supervisors and appropriation by them of the necessary money to fund said contract for each succeeding year. In the event of non-appropriation of funds, the contract shall be automatically terminated with no recourse for the Contractor.

C. Assignment of Contract: The County and Contractor bind themselves and any successors and assigns to the contract. The employees of the Contractor will perform the work necessary to fulfill the contract. The Contractor shall not assign, sublet, subcontract or transfer any of its interest in the contract without written consent of the County. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and Contractor.

D. Audit of Vendor Records: Contractor shall maintain full and accurate records with respect to all matters covered under the contract including, without limitation, accounting records, written policies and procedures, time records, telephone records, reproduction cost records, travel and living expense records and any other supporting evidence necessary to substantiate charges and compliance related to the contract. Contractor's records shall be open to inspection and subject to audit and/or reproduction, during normal working hours by the County and its employees, agents or authorized representatives to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor pursuant to this contract. Such records subject to examination shall also include, without limitation, those allocations as they may apply to costs associated with the contract. The County shall have access to such records from the effective date of the contract, for the duration of the contract, and until two (2) years after the date of final payment by the County to the Contractor pursuant to this contract. The County's employees, agents or authorized representatives shall have access to the Contractor's facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this paragraph.

E. Change Orders: Change orders must be approved by the County prior to work being performed.

F. Commitment to Diversity and Chesterfield Businesses: Chesterfield County is a growing progressive community consisting of an increasingly diverse population. This

Page 6 of 31 diversity provides for a dynamic and robust community that promotes growth. Chesterfield County believes that all of its citizens should benefit from this economic growth without regard to race, color, religion or economic status. The County is committed to increasing the opportunities for participation of minority-owned businesses, women-owned businesses, and businesses located in Chesterfield County to ensure diversity in its procurement and contract activities. These businesses are encouraged to respond to all solicitations. In addition, the County strongly encourages each Contractor and/or supplier with which the County contracts to actively solicit minority-owned businesses, women-owned businesses, and businesses located in the County as subcontractors/suppliers for their projects.

Upon award/completion of work, the County will require the Contractor to furnish data regarding subcontractor/supplier activity with minority-owned businesses, women-owned businesses, and businesses located in Chesterfield County on a Certification of Subcontractor/Supplier Activity form. The form will be provided to the Contractor by the Purchasing Department. This information will enable the County to document the dollar level of activity and measure the success of its purchasing and contracting efforts in this endeavor.

Definitions:

Chesterfield Business (CB) - any private business enterprise, located within the jurisdictional boundaries of Chesterfield County.

Minority-Owned Business (MOB) – a business that is at least 51% owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more minority. (Code of Virginia 2.2-4310)

Women-Owned Business (WOB) - a business that is at least 51% owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women. (Code of Virginia 2.2-4310)

G. Contractor Background Checks: In order to preserve the integrity and security of County government operations, contract workers may be required to undergo a criminal background check conducted by Chesterfield County. The County will conduct these checks for any worker it believes will have unsupervised access to County designated Security Sensitive areas. Contract workers providing goods, services or construction in these designated areas are required to confine themselves to the area of the work. Based on the results of the background check, the contract worker may be disqualified from providing work/services for Chesterfield County.

H. Contractor’s Authorization To Transact Business: In accordance with §2.2-4311.2

Page 7 of 31 of the Code of Virginia, any bidder organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law. Any bidder organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid the identification number issued to it by the State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law, shall include in its bid a statement describing why the bidder is not required to be so authorized. This information shall be provided on Attachment A titled “Virginia State Corporation Commission (SCC) Registration Information”. Failure to provide the required information may result in the rejection of the bid. The Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a Contractor if the Contractor fails to remain in compliance with the provisions of this section. SEE ATTACHMENT A.

I. Copyrights or Patent Rights: The bidder certifies by submission of a bid that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the product or services shipped or ordered as a result of this solicitation. The Contractor shall, at his own expense, defend any and all actions or suits charging such infringement, and will save Chesterfield County, its officers, employees, and agents harmless from any and all liability, loss, or expense incurred by any such violation, or alleged violation.

J. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County may, without prejudice to any other right or remedy, and after giving the Contractor seven (7) calendar days written notice, terminate the employment of the Contractor and procure such goods or services from other sources. In such event, the Contractor shall be liable to the County for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

K. Drug Free Workplace: (Code of Virginia 2.2-4312) This provision only applies to contracts valued in excess of $10,000.

During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

Page 8 of 31 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.

L. Employment Discrimination: (Code of Virginia 2.2-4311) This provision only applies to contracts valued in excess of $10,000.

1. During the performance of the contract, 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 any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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.

c. 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.

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

M. Environmental Management Procedures: The Contractor shall comply with all federal, state and local environmental laws and regulations and any additional requirements that may be included in or attached to the solicitation. For work done for the County, the Contractor must also meet all Chesterfield County Environmental Management System (EMS) requirements. For questions or additional information regarding environmental requirements for the County, please contact Chesterfield County’s General Services – Environmental Division at (804) 717-6531. For questions regarding environmental requirements for the Chesterfield County Public Schools, please contact Environmental Health and Safety at (804) 318-8048.

N. ePayables: Chesterfield County recognizes the importance of timely payments to our vendors. Therefore, we offer our vendors the opportunity to enroll in our ePayables program. This program allows us to make card payments to our vendors and features an online portal to facilitate payments as well as reduce payment processing times. Our ePayables program is mutually beneficial and is our preferred method of payment. If you choose not to enroll in this program, payments will be made by check and mailed through the postal service which could impact how quickly you receive payments. No action is required for vendors already enrolled in the program. Please contact the Accounting Department at (804) 748-1673 with questions.

Page 9 of 31 O. Faith-Based Organizations: (Code of Virginia 2.2-4343.1) Chesterfield County does

not discriminate against faith-based organizations.

P. Finance/Interest Charges: Finance and/or interest charges imposed by the Contractor on any invoice shall not be paid by the County.

Q. Governing Law: Contracts shall be governed by the provisions hereof and by the laws of the Commonwealth of Virginia, excepting the law governing conflicts of laws. Disputes arising out of this contract shall be resolved in the Courts of the Commonwealth of Virginia, in and for Chesterfield County.

R. Illegal Aliens: (Code of Virginia 2.2-4311.1) The Contractor agrees that he does not, and shall not, during the performance of the contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

S. Indemnification: The Contractor shall hold harmless and indemnify the County, the School Board, if applicable, and its officers, officials, employees and agents against any and all injury, loss or damage arising out of the Contractor’s negligent or intentionally wrongful acts or omissions.

T. Mistakes in Bids

1. Mistakes discovered following bid opening but prior to award: If there is a significant and obvious disparity between the prices of the lowest apparent responsive bidder and other bidders, the low bidder may be contacted by the purchasing authority to confirm the bid price. This does not relieve a bidder from the responsibility for the submission of a correct bid. If the bidder then alleges a mistake in the bid and can provide clear and convincing evidence that supports the existence of a clerical error to the satisfaction of the purchasing authority, the bid may be withdrawn in accordance with the withdrawal procedure provided herein.

2. Mistakes discovered after award: Bids containing mistakes by bidders shall not be withdrawn after award of a contract or issuance of a purchase order.

U. Modification of the Contract: The contract shall not be amended, modified, or otherwise changed except by the written consent of the Contractor and the County given in the same manner and form as the original signing of the contract.

V. Negotiation: In accordance with 2-47 of the County Code, if the bid from the lowest responsible bidder exceeds available funds, the county may negotiate with the apparent low bidder to obtain a contract price within available funds. Such negotiation may include, but is not necessarily limited to, adjustment of the bid price and changes in the bid scope or requirements in order to bring the bid within the amount of available funds. Negotiation shall be conducted by the purchasing director, or his designee, with assistance from the user department.

W. Online Terms of Service: The bidder shall submit Terms of Service with the bid for any online activity (i.e., hosted, online, portal, website, support site, etc.) that are required to use or support the product or service being provided.

Page 10 of 31 X. Payment: If the Contractor performs all of the obligations of the contract to the

satisfaction of the County, the County shall pay the Contractor for the performance of the work in the manner and within the time specified in the contract documents, which shall be consistent with the provisions of Section 2.2-4352 and 2.2-4354 of the Code of Virginia.

Furthermore, the Contractor shall, within seven days after receipt of payment by the County, take the following actions:

1. Pay the subcontractor for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor under that contract; or

2. Notify the County and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

Y. Precedence of Terms: All Special Conditions contained in this solicitation that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Terms and Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety.

Z. Preferences: In accordance with Section 2.2-4324 (B) of the Code of Virginia, whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a percentage preference, a like preference shall be allowed to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder. If the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a price-matching preference, a like preference shall be allowed to responsive and responsible bidders who are residents of Virginia. If the lowest bidder is a resident contractor of a state with an absolute preference, the bid shall not be considered. The Commonwealth’s Department of General Services shall post and maintain an updated list on its website of all states with an absolute preference for their resident contractors and those states that allow their resident contractors a percentage preference, including the respective percentage amounts. For purposes of compliance with this section, the County will rely upon the accuracy of the information posted on this website. In accordance with Section 2.2-4324 (D) of the Code of Virginia, for the purposes of this section, a Virginia person, firm or corporation shall be deemed to be a resident of Virginia if such person, firm or corporation has been organized pursuant to Virginia law or maintains a principal place of business within Virginia.

In accordance with Section 2.2-4328 of the Code of Virginia and Article 4, Section 2-47 of the County Code, in the case of a tie bid, the County may give preference to goods, services, and construction produced in the County or provided by persons, firms or corporations having principal places of business in the County. If such choice is not available, preference shall then be given to goods and services produced in the Commonwealth of Virginia pursuant to Code of Virginia 2.2-4324 or where goods are being offered, and existing price preferences have already been taken into account,

Page 11 of 31 preference shall be given to the bidder whose goods contain the greatest amount of recycled content. If no County or Commonwealth of Virginia preference is applicable, the tie shall be decided by lot.

AA. Proprietary Information: Section 2.2-4342(F) of the Code of Virginia states: “Trade secrets or proprietary information submitted by a bidder, offeror, or Contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (2.2-3700 et seq.); however, the bidder, offeror, or Contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.” If the exemption from disclosure provided by Section 2.2-4342(F) of the Code of Virginia is not properly invoked then the bids will be subject to disclosure pursuant to applicable law.

BB. Quality Expectation Statement: Chesterfield County, through its quality initiative, is a recognized leader in providing quality products and services at the most effective cost possible. Therefore, the County fully expects, requires, and shall hold all Contractors, and all agents, staff, representatives, and subcontractors of the Contractor, responsible for, and accountable to, the highest quality standards of professional workmanship, products and services. In the spirit of the County’s quality initiative, the Contractor shall be expected to become a member of the team and perform or provide all work, services and products with a target of “zero defects – zero rework”.

CC. References: If requested, the bidder shall provide references which substantiate past work performance and experience in the type of work required for the contract. The County may contact all references furnished by bidders. The right is further reserved by the County to contact references other than, and/or in addition to, those furnished by the bidder.

DD. Schools: When goods and/or services are for the benefit of Chesterfield County Schools, the contract shall be entered into on behalf of the Chesterfield County Public Schools.

EE. Sensitive Information Handling: Any information in the possession of the County/Schools which is specific to an employee, student, citizen, County/School business function, private business entity or other government entity which is not generally available to the public shall be designated Sensitive Information. Contract workers will under no circumstances remove Sensitive Information from County/Schools facilities. Any Sensitive Information which must reside temporarily on a hard drive or portable storage device (USB Key, CD ROM, memory card, etc.) for processing must remain within the County/Schools facility, or utilize strong encryption methods such as AES with a minimum key size of 128, but a preference for 256 or higher. No Sensitive Information may be remotely accessed by contract workers by dial in, VPN, web interface or other means without expressed consent of the department head and the Information Security Manager (County) or Director of Technology (Schools). Any access to County/Schools information by contract workers from outside the County/Schools intranet shall be in accordance with existing Information Systems Technology (IST)/Chesterfield County Public Schools (CCPS) Technology department

Page 12 of 31 security policies and procedures. Contract worker network connected computer equipment will be subject to all applicable IST/CCPS policies and procedures. Any exception to this application of policies shall be approved by the CCPS Department of Technology/County Information Security Manager and Chief Information Officer or designees.

FF. Taxes: Chesterfield County is exempt from payment of Federal Excise Tax and State and Local Sales and Use Tax on all tangible personal property purchased or leased by Chesterfield County for its use or consumption. Tax exemption certification will be furnished upon request. Sales tax, however, is paid by Chesterfield County on materials and supplies that are installed by a Contractor and become a part of real property. Contractors are not exempt from paying taxes on these materials and supplies, as they are considered to be a cost of doing business and should be considered in pricing when preparing a bid.

GG. Termination: It shall be the sole right of the County to terminate the contract upon written notification to the Contractor.

HH. Termination for Breach or Non-Performance: If the Contractor fails to perform the work promptly and diligently, or if the Contractor breaches the Contract in any other way, the County may:

1. after providing the Contractor with 15 days written notice, supply any workmen, equipment or materials necessary to ensure that the work is performed promptly and diligently. The County may deduct the cost of supplying additional workmen, equipment or materials from payments due to the Contractor;

2. terminate the contract, enter upon the premises, take possession of all equipment, materials or appurtenances, and employ any person or persons to finish the work.

If the contract is terminated by the County, the Contractor shall not be entitled to receive any further payment from the County until completion of the work has occurred. After completion of the work, the County shall pay to the Contractor the amount of the unpaid balance due to the Contractor at the time the contract was terminated minus the cost incurred by the County to complete the work. If the cost incurred by the County to complete the work exceeds the unpaid balance due to the Contractor, the Contractor shall be due no money from the County and, instead, the Contractor shall pay to the County the difference between the unpaid balance due and the County’s cost to complete the work.

II. Vendor Rewards/Gift Programs: It is the policy of the County not to participate in any rewards programs offered by vendors and not to accept any gifts or gift cards, or other rewards from vendors for purchases made by the County. If you customarily provide, or if you plan to provide, rewards programs, gifts or gift cards, or other rewards to your customers for purchases made by such customers, you must identify this fact in your bid and demonstrate in the bid how you have applied the value of such rewards to a reduction in the price of the goods and/or services being offered to the County.

JJ. Waiver of One Breach Not Waiver of Others: No waiver by the County or its agents or employees of any breach of this contract by the Contractor shall be construed as a

Page 13 of 31 waiver of any other or subsequent breach of the contract by the Contractor. All remedies provided by this contract are cumulative, and in addition to each and every other remedy under the law.

KK. Withdrawal of Bids

1. Withdrawal: Construction (Code of Virginia 2.2-4330)

A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake in the bid, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

The bidder shall give notice in writing to the Director of Purchasing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. The work papers, documents and materials shall, at the bidders request, be considered as trade secrets or proprietary information subject to compliance with the provisions of Code of Virginia §2.2-4342(F).

Within 5 business days, the County will notify the bidder in writing of its decision. If the County denies the withdrawal of a bid under the provisions of this section, it shall state in such notice the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder. At the same time that the notice is provided, the County will also return all work papers and copies thereof to the bidder.

2. Withdrawal: Other than Construction

A bidder for a public contract may request withdrawal of his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or unintentional omission of a quantity of work, labor, or material made directly in the compilation of the bid which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of work papers, documents or materials used in the preparation of the bid sought to be withdrawn. If a

Page 14 of 31 bid contains both clerical and judgment mistakes, a bidder may request withdrawal of his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid which shall be clearly shown by objective evidence drawn from inspection of work papers, documents or materials used in the preparation of the bid sought to be withdrawn. Such notice shall be sent to the Purchasing Department prior to award. The work papers, documents and materials shall, at the bidders request, be considered as trade secrets or proprietary information subject to compliance with the provisions of Code of Virginia §2.2-4342(F).

V. SPECIAL TERMS AND CONDITIONS

A. Access to County Property: Following award of a contract, access to the County’s property shall be coordinated with Doug Salyers, Chief of Parks, 804-751-4482.

B. Acceptance of Goods/Services: The goods and/or services delivered under a resulting contract shall remain the property of the Contractor until a physical inspection is made, and thereafter accepted to the satisfaction of the County. In the event the goods and/or services supplied to the County are found to be defective or do not conform to specifications, the County reserves the right to cancel the order upon notice (verbal or in writing) to the Contractor and return goods to the Contractor at the Contractor’s expense.

C. Acceptance of Purchasing Card: Chesterfield County is working to streamline procedures for procuring and paying for small dollar goods and services. One method now being put to use throughout the County is the use of a Purchasing Card. Bidders responding to this solicitation should note that acceptance of payment by the Purchasing Card may become mandatory during the term of the contract. Should the County decide to expand the use of the Purchasing Card, vendors receiving an award under this solicitation will have 90 days after receipt of such notice to make the necessary arrangements to be in the position to accept the Purchasing Card.

D. Acceptance Period of Bids: All bids submitted shall be binding for sixty (60) calendar days following bid opening date. The sixty (60) calendar day acceptance period may be extended by mutual consent of both parties.

E. Bid Bond: Each bid shall be accompanied by a bid bond from a Surety company satisfactory to the County Attorney, or his designee, or a Certified or Cashier’s Check, made payable to: Treasurer, Chesterfield County, in an amount equal to five percent of the total bid price. Attorneys-in-fact who sign Bid Bonds must file with each bond a certified and effective dated copy of their power of attorney. Each Bid Bond and the accompanying power of attorney should bear the same date. In case of the failure of the bidder to execute the contract within the prescribed time, the County may, at its option consider the bidder in default, in which case the bid bond accompanying the bid shall become the property of the County.

F. Brand Name or Equal: In accordance with §2.2-4315 of the Code of Virginia, unless otherwise provided in the Invitation for Bid, the name of a certain brand, make or

Page 15 of 31 manufacturer shall not restrict bidders to the specific brand, make or manufacturer named and shall be deemed to convey the general style, type, character, and quality of the article desired. Any article that the County in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

Unless otherwise provided in the Invitation for Bid, no proposed equal will be considered prior to receipt of bids. If bidding a proposed equal, the bidder is responsible to clearly and specifically identify the article being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the County to determine if the article offered meets the requirements of the solicitation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder clearly indicates in the bid that the article offered is an equal, such bid will be considered to offer the brand name referenced in the solicitation. It shall be understood that the burden of proof for an equal article shall be and remain the sole responsibility of the bidder. The County’s failure to object to a manufacturer will not constitute a waiver of any of the requirements of the contract documents, and all products furnished must conform to such requirements.

The Contractor shall be responsible for making all changes in the work necessary to adapt and accommodate “equal” products which are submitted and accepted in lieu of the products whose name and model numbers are specified and around which the drawings, where applicable, were developed. The necessary changes shall be made at the Contractor’s expense. The Contractor shall submit sufficient data concerning the proposed equal products and resulting necessary changes to the project to the County documenting that the proposed product(s) can be properly integrated with the project.

G. Condition of Items: All materials used for the manufacture or construction of supplies, materials, or equipment covered by this solicitation shall be new. Unless otherwise provided in the solicitation, products bid must be new, the latest model, the best quality, and the highest grade workmanship.

H. Contact with Students: As required by Section 22.1-296.1 of the Code of Virginia, Bidders who will provide services that will place Contractor or Contractor’s employees in direct contact with students on school property during regular school hours or during school-sponsored activities, shall certify, by signing and submitting their bid or proposal, that none of the individuals who will perform the work under the contract have been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services.

I. Date of Commencement: The date of commencement shall be established in a written Notice to Proceed issued by the County.

J. Definitions:

Page 16 of 31 Completion of the Work - The event that occurs when (1) the work has been completed, successfully tested and approved in accordance with the contract, (2) all submittals required by the contract (including operation and maintenance manuals) have been made, and (3) all punch list items and restoration work required by the contract documents has been completed.

Consultant – Shall mean a representative designated by the County as consultant for the project, to act as such and designated to be in charge of the work, acting directly through duly authorized representatives of the County.

Extra Work - Shall mean work other than that required, either expressed or implied, by the contract in its present form.

Final Acceptance - The event that occurs when the Consultant issues to the County or the County issues to the Contractor a written statement that the Contractor has completely performed all punch list items, has made all necessary submittals to the County and/or Consultant and has satisfied all of the Contractor’s obligations under the contract documents.

Final Payment - Payment by the County to the Contractor after completion of the work so that the Contractor has received all payments due him under the terms of the contract documents for performing and completing the work.

Inspector - The person designated and authorized by the County to carry out instructions given by the County and to inspect the work performed and the materials supplied by the Contractor.

K. Discrepancies: The Contractor shall immediately report to the County, in writing, any discrepancies found between the contract documents and site conditions or any alleged inconsistencies or ambiguities in the contract documents. The County will promptly address such alleged inconsistencies or ambiguities in writing. Work done by the Contractor after the discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk.

L. Environmental Management System Procedures: The Contractor shall follow all federal, state and local environmental laws and regulations. Chesterfield County’s General Services – Environmental Division maintains an Environmental Management System (EMS) that is fully compliant with the ISO 14001 standard. The Bidder shall review the Contractor Environmental Checklist and the Contractor Environmental Guidelines.

Bidders shall include in submitted pricing any costs associated with activities to ensure environmental compliance and minimize environmental impacts.

Bidders shall complete the attached Contractor Environmental Activity Statement to address aspects that may have a significant adverse impact on the environment. This form shall be signed by the Bidder and returned with the bid/quote submission.

The following documents are included in this solicitation:

Page 17 of 31 1. Contractor Environmental Checklist (completed by County Project Manager)

2. Contractor Environmental Guidelines

3. Contractor Environmental Activity Statement (to be completed, signed by bidder, and returned with bid/quote submission)

For questions or additional information regarding the above requirements, contact Mr. Jeff Howard with the Chesterfield County General Services - Environmental Division at (804)717-6531.

M. Escrow Account: In accordance with §2.2-4334 of the Code of Virginia, if awarded the contract and the project cost exceeds $200,000, the Contractor shall designate in the space provided on the Bid Form if they elect to utilize an escrow account. A copy of the County’s Escrow Agreement appears in an attachment to this solicitation. The County reserves the right not to withhold retainage.

N. Final Inspection: At the conclusion of the work, the Contractor shall demonstrate to the County’s authorized representative that the work is fully operational and in compliance with contract specifications and codes. After the final inspection is conducted, the County shall provide the Contractor with a punch list that the Contractor shall complete. Deficiencies will be promptly and permanently corrected prior to final acceptance of the work, and shall be the full responsibility of the Contractor.

O. Guarantee of Work: All materials and workmanship shall be guaranteed for a period of twelve (12) months after final acceptance by the County and repairs necessary shall be made by the Contractor at his expense.

P. Inspection: All material and workmanship shall be subject to inspection, examination, and test by the County and its project inspector at all times during construction. The project inspector shall have authority to reject defective material and workmanship and require its correction. Rejected workmanship shall be satisfactorily corrected and rejected material shall be satisfactorily replaced with proper material without charge therefore, and the Contractor shall promptly segregate and remove the rejected material from the premises. If the Contractor fails to proceed at once with replacement of rejected material and/or the correction of defective workmanship, the County may by contract or otherwise, replace such material and/or correct such workmanship and charge the cost to the Contractor, or may terminate the right of the Contractor to proceed, the Contractor and surety being liable for any damages.

Job-site inspections, tests conducted on site, or tests of materials gathered on site, which the contract requires to be performed by independent testing entities, shall be contracted and paid for by the County. Examples of such tests are the testing of cast in-place concrete, foundation materials, soil compaction, pile installations, caisson bearings, and steel framing connections. Although conducted by independent testing entities, the Contractor shall contract and pay for tests or certifications of materials manufactured products, or assemblies which the contract, code, standards, etc. require to be tested and/or certified for compliance with industry standards such as Underwriters Laboratories or ASTM. The Contractor shall also pay for all inspections, tests, and certifications which the contract specifically requires him to perform or pay,

Page 18 of 31 together with any inspections and tests which he chooses to perform for his own quality control purposes. The Contractor shall promptly furnish, without additional charge, all reasonable facilities, labor, and materials necessary and convenient for making such tests. Except as provided below, whenever such examination and testing finds defective materials, equipment or workmanship, the Contractor shall reimburse the County for the cost of re-examination and retesting.

Should it be considered necessary or advisable by the County at any time before final acceptance of the entire work to make an examination of any part of the work already completed, by removing or tearing out portions of the work, the Contractor shall on request promptly furnish all necessary facilities, labor and material to expose the work to be tested to the extent required. If such work is found to be defective in any respect, due to the fault of the Contractor, or his subcontractors, he shall defray all the expenses of uncovering the work, of examination and testing, and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, the actual cost of the Contractor’s labor and material necessarily involved in uncovering the work, the cost of examination and testing, and Contractor’s cost of material and labor necessary for replacement shall be paid to the Contractor and he shall, in addition, if in the opinion of the County completion of the work has been delayed thereby, be granted a suitable extension of time.

Q. Insurance Requirements: The Contractor and insurance company should carefully review the insurance requirements set forth below. The Contractor shall furnish a copy of a certificate of insurance in accordance with the requirements before the County will execute a contract. The Contractor shall be responsible for maintaining current certificates of insurance on file with the County. The certificate of insurance does not need to accompany the bid.

The Contractor shall purchase and maintain in force, at his own expense, such insurance as will protect him and the County and Chesterfield County Public Schools from claims which may arise out of or result from the Contractor's execution of the work, whether such execution be by himself, his employees, agents, subcontractors, or by anyone for whose acts any of them may be liable. The insurance coverages shall be such as to fully protect the County and Chesterfield County Public Schools, the Consulting Professional (if applicable) and the general public from any and all claims for injury and damage resulting by any actions on the part of the Contractor or his forces as enumerated above.

The Contractor shall furnish insurance in satisfactory limits, and on forms and of companies that are acceptable to the County’s Attorney and/or Risk Management Director and shall require and show evidence of insurance coverages on behalf of any subcontractors (if applicable), before entering into any agreement to sublet any part of the work to be done under this contract.

The Contractor shall maintain during the initial term and any additional terms of this contract the following equivalent coverage and minimum limits:

1. Commercial General Liability $1,000,000 Combined Single Limit per occurrence.

Page 19 of 31 2. Automobile Liability $1,000,000 Combined Single Limit per occurrence

3. Workers’ Compensation Virginia Statutory limits

4. Employers’ Liability $100,000 each accident

If an insurance certificate is used as evidence of the required insurance the insurance certificate:

a. Must reflect that the Commercial General Liability policy names “the Chesterfield County Board of Supervisors, their officers, employees, and agents” or “the Chesterfield County School Board, Chesterfield County Board of Supervisors, their officers, employees, and agents” as an additional insured by endorsement to the policy;

b. Must reflect that the policies are endorsed to require no less than 30 days notice of cancellation or other change in coverage to the County;

c. Must have an authorized signature;

d. The Certificate Holder should be listed as: Chesterfield County c/o Purchasing Department P.O. Box 51 Chesterfield, VA 23832-0001 IFB No 15-1249

R. Labeling of Hazardous Substances: If the items or products requested by this solicitation are “Hazardous Substances” as defined by § 1261 of Title15 of the United States Code (U.S.C.) or “Pesticides” as defined in § 136 of Title 7 of the United States Code or any other applicable law or regulation, then the bidder, by submitting his bid, certifies and warrants that the products to be delivered under the contract shall be properly labeled as required by the referenced sections and that by delivering the products, no violations of the prohibitions of Title 15 U.S.C. § 1263 or Title 7 U.S.C. § 136, or any other applicable law or regulation, have occurred. To the extent permitted by applicable law, Contractor shall indemnify and hold the County harmless in this regard, including but not necessarily limited to, as set forth in paragraph T, Indemnification Clause of the General Terms and Conditions.

S. Licenses, Permits, and Fees: All bids submitted shall have included in the price the cost of any business and professional licenses, permits, or fees required by Chesterfield County or the Commonwealth of Virginia.

T. Material Safety Data Sheets (MSDS): It shall be the responsibility of the Contractor(s) to furnish material safety data sheets (MSDS) as applicable, and to ensure all containers are labeled in accordance with the Virginia Hazard Communication Standard.

U. Materials and Workmanship: The Invitation for Bid describes the character and features of the best possible materials and workmanship required to perform the work.

Page 20 of 31 It is understood that the contract includes any and all work that may be necessary to connect the work done with the adjoining work in a proper and workmanlike manner.

V. Monthly Estimates and Retainage: On the 20th day of each month, or at any other regular time agreed upon by the County and Contractor, the Contractor shall prepare and submit to the County a monthly estimate for partial payment. The monthly estimate shall cover items of work for which the Contractor is entitled to be paid since the last previous monthly estimate was submitted, including (1) the value of the work done, (2) major items of equipment or materials delivered to the site of the project to be installed by the Contractor, as substantiated by submitted invoices and as approved by the inspector, and (3) materials incorporated into the work.

The County will pay to the Contractor all sums due under the monthly estimate less five percent (5%) retainage on or before the 15th day of the month following the submission of the monthly estimate, unless the County asserts a right to withhold some or all of the payment under the provisions of the contract documents.

If approved in advance by the County, the Contractor will be paid for materials delivered to and suitably stored on the job site. Payment for materials and equipment stored on site will be conditioned upon compliance by the Contractor with procedures satisfactory to the County to establish the County’s title to such materials and equipment or otherwise protect the County’s interest payment will be for actual cost of materials as evidenced by receipted invoices, less five percent (5%) retainage. The Contractor shall make a separate accounting of these materials and shall submit an accounting of them along with the monthly estimate for partial payment.

W. Negotiating Contract Reductions: The County reserves the right, at any time during the contract term or any extension of the term, to renegotiate with the Contractor a reduction in the compensation paid to the Contractor that is less than the compensation initially agreed to by the Contractor and the County at the time of contract execution/issuance of the purchase order. The County may initiate such negotiations whenever the County determines that it is in the County’s best fiscal interests to do so. Notwithstanding any other provision of this contract/purchase order to the contrary; the County may terminate the contract/purchase order immediately and without penalty if the County is unable to renegotiate the compensation with the Contractor to an amount which the County determines to be appropriate.

X. Performance Bond and Labor and Material Payment Bond: If the bid price is over $100,000, a labor and material payment bond and a performance bond, each in the amount of 100% of the contract price, with a corporate surety authorized to do business in the Commonwealth of Virginia and otherwise acceptable in all respects to the County Attorney, or his designee will be required for the faithful performance of the contract. (A sample of the contract is included for review).

The party to whom the contract is awarded will be required to execute the contract and obtain the labor and material payment bond and the performance bond within fifteen calendar days from the date when the Notice of Award together with the contract is delivered to the Contractor for execution.

Page 21 of 31 Attorneys-in-fact who sign labor and material payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney. Performance bond and the accompanying power of attorney should bear the same date as the date of the contract.

Y. Pre-Construction Meeting: A pre-construction meeting, to be arranged by the County, to include representatives of the County, the Consultant (if applicable), and the Contractor shall be mandatory prior to start of construction unless waived by the County.

Z. Responsibility of Bidder: The bidder should carefully and thoroughly examine the job site and conditions, the quality of materials and workmanship required for the work, and review the entire Invitation for Bid document before submitting a bid. Claims, as a result of failure to inspect the job site and all Invitation for Bid documents, will not be considered by the County.

AA. Subcontracts: No portion of the work shall be subcontracted without prior written consent of the County. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the County 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 its subcontractor(s) and shall assure compliance with all requirements of the contract and compliance with applicable General Terms and Conditions (including, without limitation, the non-discrimination and drug-free workplace provisions).

BB. Submittals: If requested, the bidder shall submit the following information to the County within seven days of notification:

a. a designation of the work to be performed by the bidder with his own forces;

b. the proprietary names and the suppliers of principal items or systems of materials and equipment proposed for the work;

c. a list of names of the subcontractors or other persons or entities proposed for the principal portions of the work.

Prior to the award of the contract, the County will notify the bidder in writing if the County, after due investigation, has reasonable objection to any such proposed person or entity. If the County has reasonable objection to such proposed person or entity, the bidder may submit an acceptable substitute person or entity.

The County may, at its discretion, accept the substitution, or may disqualify the bidder. In the event of disqualification under this sub-paragraph, bid security will not be forfeited.

Persons and entities proposed by the bidder and to whom the County has made no reasonable objection under the provisions of sub-paragraph (c) must be used on the work for which they were proposed and shall not be changed except with the written consent of the County.

Page 22 of 31 CC. Supervision and Construction Procedures: The Contractor shall supervise and

direct the work, using their best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under the Contract. The Contractor shall be responsible to the County for the acts and omissions of his employees, subcontractors and their agents and employees, and other persons performing any of the work under a contract with the Contractor.

DD. Testing/Inspection: The County reserves the right to conduct any test/inspection it may deem advisable to assure that goods and/or services conform to the specifications in the contract documents. The County reserves the right to employ an independent testing laboratory to conduct tests of materials, etc. as the County may deem necessary to assure complete compliance with the requirements of the specifications. The Contractor shall offer full cooperation with personnel in the employ of the County in making these tests. If such goods and services are found to be defective in any respect, due to the fault of the Contractor or his subcontractors, the Contractor shall defray all the expenses of uncovering the work, of examination and testing, and of satisfactory reconstruction.

EE. Use of Premises and Removal of Debris: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by the operations. The Contractor shall maintain all access roads and walks clear of debris, materials and equipment during the course of the work. All streets, drives, walks, fences, trees, poles, antennae and the like where disturbed, removed or damaged shall be replaced, returned or repaired such that the facility and its appurtenances are left in the same condition after completion of the work as it was before operations began.

Debris shall be disposed of by the end of every working day and not stockpiled. Beverage cans, bottles, lunch refuse, cigarette debris, etc. will not be tolerated on the job site except by immediate and proper removal of the same on a daily basis. At the completion of the work, the Contractor shall remove all waste materials and rubbish from and about the project site as well as all tools, construction equipment, machinery and surplus materials. The County does not supply trash containers for debris disposal.

FF. Worksite Damages: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of the contract shall be repaired, to the County’s satisfaction, at the Contractor’s expense.

Page 23 of 31

VI. BID FORM

A. BASIS OF AWARD

Award will be made to the lowest responsive and responsible bidder based on the Grand Total of LOT 1. If it becomes necessary to delete a location(s) from the Pricing Schedule, the award will be based on the Grand Total of the remaining locations. Locations may be deleted from the pricing schedule at the discretion of the County.

B. PRICING SCHEDULE The following prices shall include all labor, materials, and equipment necessary to perform the Scope of Work as identified within this Invitation for Bids and in compliance with the terms and conditions as specified herein. Work includes overlaying the existing track with new asphalt, limited amounts of new paving, a new latex rubber track surface and new track striping. Prices shall remain firm and valid through the life of the project or until June 30, 2016; whichever comes first.

The bidder agrees to furnish the goods/services as specified herein, and in compliance with the terms and conditions of this Invitation for Bids at the following price(s):

LOT 1

Location Total per Location

Thomas Dale High School $

Bird High School $

Manchester High School $

Cosby High School $

GRAND TOTAL (ALL LOCATIONS) $

Name of Certified Track Builder: ____________________________

Page 24 of 31 C. DELIVERY SCHEDULE

1. TIME OF PERFORMANCE Bidders are required to state the time of proposed project completion. FAILURE TO DO SO WILL RESULT IN THE BID BEING REJECTED AS NONRESPONSIVE. The County desires individual project completion within 15 calendar days after written or verbal Notice to Proceed. State your earliest firm delivery in calendar days ________ after Notice to Proceed. This may be a factor in the award decision.

D. ADDENDA Bidder hereby acknowledges receipt of and incorporation of all requirements of any addenda issued for this Invitation for Bids: Addendum No. ___________________ Dated ______________ Addendum No. ___________________ Dated ______________ Addendum No. ___________________ Dated ______________

E. BUSINESS CLASSIFICATION Bidders are requested to provide the following information to Chesterfield County regarding their business. This information is for statistical purposes and, except in the case of tie bids, all firms submitting bids will receive equal consideration (refer to Clause F of the General Terms and Conditions). Bidder shall indicate whether they are classified as a: Minority-Owned Business: Yes No Women-Owned Business: Yes No Chesterfield Business: Yes No

F. BIDDER’S CHECKLIST This checklist is provided to assist bidders in submitting a responsive bid and may not be inclusive of all solicitation requirements. Bidders are expected to carefully read the entire solicitation and verify that the following issues have been addressed prior to submission of a bid:

Provide completed cover page to include signature. Provide completed Bid Form. Provide completed Attachment A. Provide name of Certified Track Builder that will oversee paving operations. Provide computer generated lining diagram specific to each facility.

Page 25 of 31 G. VIRGINIA CONTRACTOR LICENSE NUMBER (Code of Virginia 54.1-1100)

Contractors that for a fixed price, commission, fee, or percentage undertake to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvement to such real property, are required to hold a business license issued by the Virginia Board for Contractors, phone (804)367-8511. If a bidder shall fail to obtain the required license prior to submission of a bid, the bid shall not be considered. Bidder shall insert Contractor license number and specialty in the space provided below. Class of License Definitions: Class B Contractor – perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $10,000 or more, but less than $120,000, or (ii) the total value of all such construction, removal, repair or improvements undertaken by such person within any 12-month period is $150,000 or more, but less than $750,000. The Contractor license shall have the appropriate specialty classification that is predominant for the respective work. Provide Contractor license number below: Class B Virginia Contractor Registration No. _______________________ Classification/Specialty: ___________________________

H. ESCROW AGREEMENT If determined to be the successful low bidder(s) and the project cost exceeds $200,000, the bidder elects to utilize the escrow account procedure, a copy of which appears in an attachment to this Invitation for Bids. Please select: Yes No The County reserves the right not to withhold retainage. In the event the successful bidder elects to use the escrow account procedure, the "Escrow Agreement" form included in the Bid Documents shall be executed and submitted to the County of Chesterfield Purchasing Department within fifteen (15) calendar days after notification. If the "Escrow Agreement" form is not submitted within the fifteen day period, the Contractor shall forfeit his rights to the use of the escrow account procedure.

I. CONTRACTOR’S REPRESENTATIVE – Project Manager/Supervisor: Name(s): _________________________________________________ Address: _________________________________________________ Phone (voice): __________________ Fax: ______________________ Cell Phone: ________________ Email Address: __________________

Page 26 of 31

J. PAYMENT TERMS If discounts for prompt payment are offered by the bidder, it is required that a minimum of twenty (20) days be allowed for payment. Discounts for prompt payment will not be considered in the evaluation of bids. Discounts for prompt payment will be shown on the purchase order/contract and taken if invoices are processed and payment made within the stipulated time frame. If discounts are not offered, payment shall be made thirty (30) days after receipt of an accurate invoice by the County. Our terms are: ___________________

K. BIDDER DATA QUALIFICATIONS OF BIDDER: Firms shall have the capability in all respects to perform fully the contract requirements and the experience, integrity, perseverance, reliability, capacity, facilities, equipment, and credit which will assure good faith performance of the contract to the satisfaction of the County. Indicate the length of time you have been in business as a company providing the type of good(s) and/or service(s) required for this contract. ____________ years ____________ months Provide a minimum of three (3) references that will substantiate past work performance and experience in the type of work required for this contract. Company Name, Address, Phone Number and Contact Person’s Name and Email Address: 1. _______________________________________________________

_______________________________________________________ _______________________________________________________ _______________________________________________________

2. _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________

3. _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________

Page 27 of 31

ATTACHMENT A - Virginia State Corporation Commission (SCC) Registration Information

The bidder shall check one of the following. The bidder is: a corporation or other business entity with the following SCC identification number:

___________ -OR- not a corporation, limited liability company, limited partnership, registered limited liability

partnership, or business trust -OR- an out-of-state business entity that does not regularly and continuously maintain as part of

its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from offeror’s out-of-state location) -OR-

an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. **NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals. No award shall be issued to an offeror who fails to provide the required information unless a waiver of these requests is granted by the chief executive of the local governing body (the County reserves the right to determine in its sole discretion whether to allow such waivers):

Page 28 of 31

ATTACHMENT B – SPECIFICATIONS Specifications for the Renovation of the existing 400-meter running tracks at Cosby High School, Manchester

High School, L.C. Bird High School, and Thomas Dale High School PART 1 - SUMMARY

The track surfacing contractor shall be responsible for removing/disposing the existing running track surfacing at each site and installing the new specified track surface. In addition, the track surfacing contractor shall survey the underlying asphalt base for proper planarity and inspect the general condition of the existing asphalt substrate after the existing rubberized surfacing is removed. A written report with full grade survey of each site shall be provided to the owner. If the existing asphalt base if found to be in need of repaving, the track surfacing contractor shall oversee all paving operations conducted by the county’s contracted paving vendor. The track surfacing contractor shall establish all required grades to achieve proper slopes for the running track renovation project during the placement of the asphalt base to be completed by the owner. The track surfacing contractor shall provide computer generated lining diagrams of each facility to be surfaced prior to installing the lines. The track surfacing contractor shall install the new synthetic track surfacing as defined herein.

The finished track surface shall be a durable, resilient surface for running track areas. The system shall be placed over the properly prepared existing track and field event platform as set forth in the asphalt pavement section of the project specifications. Maxflex surfacing system is being specified. If bidding an “or equal” products/systems, specifications must be submitted with your bid for consideration. PART 2 - VENDOR REQUIREMENTS

The installer of the synthetic track surfacing shall be the prime contractor for this project. In addition, the surfacing contractor shall be a member in good standing with the ASBA and have a certified track builder oversee the renovations to the existing facility. All facets of construction are to be overseen and directed by the installer of the surfacing system. To be an approved bidder for this project, a proposed bidder shall have built running track facilities identical in scope to this project where the facility was designed, constructed, and had rubberized surfacing installed. All bidders shall provide the location of the constructed facilities, contact names, and contact numbers for verification of their ability to meet the experience requirements. Bidders can submit this information on the reference form enclosed in the Bid Form.

PART 3 - QUALITY ASSURANCE The uniformity of both grade and planarity is intended to meet governing body specifications. Slopes

shall meet those set forth in the rules for track and field for the intended use of the facility (NFSHSA). Complete rules and regulations are available from the National Federation of State High School Associations (NFSHSA) at 816-464-5400. A summary of the slopes is set forth below. Slopes shall not be less than 1% or less than 75% of the maximum slopes allowed, whichever applies.

Maximum Maximum Slope Cross Slope Running Direction NFSHSA Track 2% 0.1% Runways 2% 0.1% High Jump na 1.0%

Page 29 of 31 PART 4 - CONSTRUCTION MATERIALS/INSTALLATION All materials cited in the bid form shall be delivered, checked and approved by the owner prior to the

commencement of installation. a. STONE BASE: All areas of new construction shall be constructed with a minimum thickness of 6” of stone base material (21-A or 21-B is acceptable). Stone base shall be compacted by rolling with a powered steel tandem roller weighing not less than eight tons. The compacted stone base shall not vary more than ½” from the required elevations. The stone base shall extend 1’ beyond the edge of the new asphalt base. Use of laser guided equipment and/or laser level during the stone placement are required.

b. BINDER COURSE: Spreading: The asphalt mixture shall be spread using a mechanical asphalt spreader, the condition of which shall be suitable for achieving the tolerances specified herein. Standard IM-mix approved for uses by VDOT. The minimum compacted thickness for newly constructed areas shall be 2".

Compaction: The asphalt mixture shall be thoroughly compacted with a steel wheel tandem roller weighing not less than four tons.

c. SURFACE COURSE: Spreading: The asphalt mixture shall be spread using a mechanical asphalt spreader, the condition of which shall be suitable for achieving the tolerances specified herein. The minimum compacted thickness for newly constructed areas shall be 1". The minimum compacted thickness installed over existing asphalt areas shall be 1”. The asphalt mixture shall meet VDOT specifications for SM 9.5A

Compaction: The asphalt mixture shall be thoroughly compacted with a steel wheel tandem roller weighing not less than four tons. d. Tack Coat: Tack coat shall be CRS-2. PART 5 – PAVING OVERSIGHT The following specifications describe the new asphalt construction, the overlayment of the existing track and field event platforms, and the installation and lining of the new resilient surfacing. a. The running track surfacing installer shall oversee all required paving operations to be sure that all required elevations are achieved. Elevations shall be taken every twenty-five feet in the running direction at the inside edge, centerline and outside edge of the newly placed stone base. Elevations on the high jump shall be taken on a 10’ grid. Any area that does not have the correct cross slope shall be leveled with asphalt to allow for a correct 1% cross slope. Proposed paving overlay thickness to achieve a minimum 1% cross slope shall be provided by the contractor in a grid format as described. The asphalt contractor will contract directly with the owner. b. Use of a laser and a smart level to achieve cross slope is required. Track surfacing company shall have a representative on site during all paving operations. PART 6 – ASPHALT/RUBBER/LATEX APPLICATION The contractor shall construct a black latex-bound track surface that is a mixture of uniformly graded BLACK SBR RUBBER PARTICLES bound together with FORTIFIED SBR LATEX BINDER. No

Page 30 of 31 asphalt-based materials shall be incorporated into the system. All latex binder quantities are prior to dilution with water. Contractor shall provide containers and random latex samples for testing. All unused materials shall become the property of the owner. a. FORTIFIED SBR LATEX BINDER A: Carboxilated styrene butadiene latex polymer (45/55 Styrene Butadiene Ratio) containing a minimum of 50% resin solids content. Latex shall be manufactured by Mallard Creek Polymers, Inc. (Product Code #4125). No equals will be considered without submittals from independent laboratory showing Tensile and Elongation (ASTM D412) test results. Films for testing shall be made with a 15 ml wet film at 24 hour air dry and then cured for 2 minutes at 95°C. b. FORTIFIED SBR LATEX BINDER B: Carboxilated styrene butadiene latex polymer (65/35 Styrene Butadiene Ratio) containing a minimum of 50% resin solids content. Latex shall be manufactured by Mallard Creek Polymers, Inc. (Product Code #4170), No equals will be considered without submittals from independent laboratory showing Tensile and Elongation (ASTM D412) test results. Films for testing shall be made with a 15 ml wet film at 24 hour air dry and then cured for 2 minutes at 95°C. c. BASE LAYER RUBBER GRANULES - black SBR rubber granules ranging in size from 3 mm to 7 mm. d. SURFACE LAYER RUBBER PARTICLES - black SBR rubber buffings equal to #58438 rubber as manufactured by Sparton Enterprises, Inc. e. LINE MARKING PAINT - acrylic latex line marking paint approved by the manufacturer of the system. f. The new asphalt substrate shall be thoroughly cleaned and prepared for surfacing. g. RUBBER/LATEX APPLICATION: The track surface shall be constructed by applying successive layers of rubber granulate using a metering machine (areas inaccessible to the metering machinery shall be spread with a lute). Each layer of rubber shall be saturated with latex binder at a rate of approximately .065 gallons per pound of dry rubber. The latex applications shall total the quantity set forth above. The final application of latex binder shall be pigmented black. The rubber shall be applied in the following layers: BASE LAYER ONE (5mm/7mm rubber) .........…........ 2.6# per square yard BASE LAYER TWO and THREE (3mm/6mm rubber) . 2.7# per square yard SURFACE LAYER FOUR (1/3mm mix buffings) ….... 2.6# per square yard SURFACE LAYER FIVE (SBR buffings) ........……..... 1.6# per square yard h. SURFACE INSTALLATION: Saturation is to be done by using a high-pressure, multi-tip spray bar, and not a hand wand method. Each saturation with latex solution shall be allowed to dry. Each layer shall be thoroughly bonded prior to proceeding with the installation of the next layer. The finished system shall be dense and shall be resistant to scuffing and shedding of granules. i. PHYSICAL PROPERTIES: Thickness: 3/8” minimum, Color: Black, Spikes: Yes - 3/16" maximum. The finished system shall meet the following requirements for both Force Reduction (acceptable values 30% to 50%) and for Modified Vertical Deformation (acceptable values .6 mm to 1.8 mm ). The owner reserves the right to have these tests performed before making any payments to the contractor for the running track surface.

Page 31 of 31 PART 8 - WARRANTY

The track surface shall be fully warranted against defects in materials and workmanship for a period of THREE years. The first two years of the warranty shall be backed by a TWO-YEAR MAINTENANCE BOND issued on behalf of the company which provides and installs the running track surface. The TWO-YEAR MAINTENANCE BOND shall be written by a Treasury-listed surety. The manufacturer and/or installation contractor shall be advised in writing of any defects discovered during the warranty period. After notification, the owner shall take the necessary steps to limit further damage to the surface. The contractor shall respond within thirty days of any notice of discovery of defects and shall make repairs, weather permitting within thirty days of notification of defects. A written and notarized warranty shall be submitted with the final billing. The manufacturer and/or installation contractor shall provide the owner with a detailed roster of routine maintenance and care instructions. The owner shall follow these instructions for the warranty to remain in force.

PART 8 – VERIFICATION TESTING The owner shall pay for independent verification of compliance with the specifications if deemed necessary.

If deemed necessary, it will be the responsibility of the owner to employ a licensed independent engineering and testing firm, or other appointed person to verify that the specified materials are installed. The independent engineering and testing firm shall be hired by the owner to observe the installation process during the entire project. Parks and Recreation shall confirm the original shipment size, the daily material usage, the total material usage, and certify compliance by the contractor with the specifications as set forth in the bid documents. An original copy of the required submittals shall be sent directly to the owner. If materials are placed when Parks and Rec is not on site, the materials shall be removed from the asphalt platform and the process shall be started from the beginning at no additional cost to the owner.

ATTACHMENT C Environmental Activity Statement

05/12/11.REV05.JTH ENVMGT.CHKLST.0004 Page 1 of 1

CHESTERFIELD COUNTY

ENVIRONMENTAL MANAGEMENT SYSTEMCONTRACTOR ENVIRONMENTAL CHECKLIST

Will the contracted work or service include any of the following activities?

GENERAL CONTRACTOR ACTIVITIESLand Disturbance (Excavation, Grading, etc.) Yes NoConstruction (Building / Road / Parking Lot, etc.) Yes NoDemolition (Building / Facility, etc.) Yes NoPaving (Impervious - e.g., asphalt, concrete, etc.) Yes NoHeavy Equip Use (Excavator, Dozer, Fork Lift, etc.) Yes NoBlasting, Rock Crushing Yes NoSurface Preparation / Treatments (floors, roofs, walls) Yes NoPainting / Paint Removal Yes NoSandblasting / Hydroblasting Yes NoWelding, Cutting, Soldering Yes NoHVAC Yes NoBulk Fuel / Chemical Storage or Transfer Yes NoChemical Use (solvents, caustics, acids, oils, etc.) Yes NoHerbicides, Pesticides, or Insecticides Use Yes NoPurging/Repair of Distribution Lines (fuel, solvents etc.) Yes NoWell Drilling Yes NoStorm Drain Discharge Yes NoSanitary Sewer Discharge Yes NoSolid Waste Generation / Disposal Yes NoMedical Waste Yes NoHazardous Waste Generation / Disposal Yes NoAsbestos Containing Material Removal or Disturbance Yes No

To be completed by the County Project Manager after a review of the activities above.

Does this project have activities that will significantly impact the environment? Yes No

This Contractor Environmental Checklist has been reviewed and no further action is needed.

The Contractor Environmental Activity Statement (ENVMGT.FORM.0009) needs to be completed.

Project Manager Signature: Date:

PROJECT TITLE: High School Track Resurfacing - Bird - Cosby - Manchester - Thomas Dale

DOUG SALYERS

P.O. #:

6/3/2015

To be completed by the County Project Manager for the contracted work or service to be performed.

05/13/11.REV08.JTH ENVMGT.FORM.0011 PAGE 1 OF 6

1.0 Introduction

2.0 General Information

3.0 Waste Management

4.0 Storm Water Management

5.0 Water Discharges

6.0 Air Quality Management

7.0 Materials and Supplies Storage

8.0 Spill Prevention and Spill Management

9.0 Special Substances Requirements (Asbestos, Lead, PCB, CFC)

10.0 Equipment Decommissioning

APP Chesterfield County Environmental Management Policy

CHESTERFIELD COUNTY ENVIRONMENTAL MANAGEMENT SYSTEM

CONTRACTOR ENVIRONMENTAL GUIDELINES

05/13/11.REV08.JTH ENVMGT.FORM.0011 PAGE 2 OF 6

1.0 Introduction

1.1 Chesterfield County (county) operates an Environmental Management System (EMS) that meets the

International Organization for Standardization’s (ISO) standard for Environmental Management Systems

(EMS) (ISO 14001). Chesterfield County is one of only a few counties in the United States that have

departments that meet this standard. The county’s EMS requires that the county controls activities that may

affect the environment including those of Contractors so that adverse environmental impacts are minimized.

1.2 The following information is supplied to Contractors who perform work projects for the county. The

information presented in these guidelines provides guidance for contractors to make them aware of the EMS

and to ensure conformance to the county’s Environmental Policy (included herein as an Appendix) and

applicable EMS procedures and instructions. Conformance with the environmental policy and all

requirements noted in this document is expected of all those persons working for or on behalf of the county

which includes contractors, subcontractors, suppliers and their employees.

1.3 Failure to follow these requirements can be grounds for termination of the project work.

1.4 For further information, please contact the General Services - Environmental Division at

(804) 717-6531.

2.0 General Information

2.1 Controlling Significant Environmental Impacts - The County Project Manager shall work with Contractors to

ensure that potential significant environmental impacts are addressed and controls put in place prior to any

work being performed for or on behalf of the county.

2.2 Contractor Environmental Activity Statement - This form is used when the County Project Manager

determines that a Contractor’s activities pose a substantial risk of an adverse environmental impact such that

additional controls are needed (see 2.1, above). Upon request, contractors are to submit a written statement

outlining their activities and procedures for minimizing and managing the actual or potential environmental

impacts of their operations using the Contractor Environmental Activity Statement form provided by the

county. The Activity Statement must address potential risks to the environment, contractors, employees and

other personnel associated with county project activities and proposed measures for minimizing these risks.

Upon approval by the County Project Manager, the Contractor may commence work on the site.

2.3 Pollution Prevention - Contractors are responsible for preventing pollution of the air, water and land, and for

the proper disposition of waste generated by their activities. The following guidelines provide specific

information to assist Contractors with this requirement, but these guidelines do not take the place of federal,

state and local regulations.

2.4 Environmental Regulation Compliance - In addition to preventing pollution, Contractors must comply with

all applicable federal, state and local environmental regulations.

2.5 Excavation Control - Contractors will not engage in any excavation activities on site without the prior

approval of the County Project Manager.

2.6 Community Awareness - Contractors will be sensitive to the effects of noise, odor, light, and traffic

movement to the local community.

2.7 Good Housekeeping - Contractors are responsible for keeping the project site clean and orderly. Clean up of

trash, etc. generated by the contractor's activities or the activities of its employees are the contractor's

responsibility.

2.8 Training – Contractors employees shall be trained on applicable federal, state, and local environmental

regulations and standards. Contractors will provide copies of employee training certificates to the County

Project Manager upon request.

05/13/11.REV08.JTH ENVMGT.FORM.0011 PAGE 3 OF 6

3.0 Waste Management

3.1 Non-Hazardous Waste – Non-hazardous waste disposal (i.e., construction debris, scrap metal, municipal solid

waste, used oil, etc.) will be the responsibility of the contractor, the originator of the waste, unless otherwise

pre-approved.

3.2 Hazardous Waste Notification - The Contractor must notify the County Project Manager of all hazardous

waste streams to be generated before a waste is generated and collected on site. The Contractor must also

inform the County Project Manager of the location of all generated hazardous waste storage areas, maximum

quantities and the container type(s) used.

3.3 Proper Waste Handling - Contractors shall properly label, store and dispose of all waste materials.

3.4 Waste Container Labeling - Containers (such as drums) must be labeled with the contents of the drum (or

other container) and the responsible contractor’s name and contact information. NO UNLABELED

CONTAINERS ARE PERMITTED ON SITE.

3.5 Waste Documentation - Shipping information and paperwork (MSDS, Waste Profiles, Bills of Lading and

inventory) must be provided upon request.

4.0 Stormwater Management

4.1 Land Disturbance Permit – Contractors must obtain a Land Disturbance Permit from the County

Environmental Engineering Department for any land disturbance activities greater than 2500 square feet. An

Erosion and Sedimentation Control Plan and Storm Water Management Plan may also be required.

4.2 Chesapeake Bay Preservation Act (CPBA) - Contractors are required to comply with all provisions of the

CBPA.

4.3 Storm Water Control Measures Required - It is the contractor’s responsibility to install storm water control

measures such as silt fences, straw bales, etc. to control the solids entering storm drains from erosion or other

processes, if necessary.

4.4 No Solids into Storm Drains - Solids must be prevented from entering storm drains. Roadways and outside

areas must be kept clean. Compliance with the CLEAN WATER ACT is mandatory.

4.5 No Co-Mingling of Process Materials - No process materials or any other sources of water pollutant shall be

co-mingled with storm water.

4.6 Cover Dirt Piles - All dirt piles must be covered to prevent solids from entering storm drains unless otherwise

directed.

4.7 Prevent Vehicle Fluids from Entering Storm Water - Vehicle maintenance shall not be performed near storm

drains unless provisions have been made to contain any spills of vehicle fluids, including oil, gasoline and

antifreeze.

5.0 Water Discharges

5.1 No Discharge to Sanitary Sewers without Approval - Discharge of material other than sanitary sewage to

ANY sewer system is prohibited without the prior consent of the County WWTP Plant Manager.

5.2 Approval for Discharge to Sanitary Sewer – Contractors shall not discharge anything to drains and or sewers

without the prior approval of the County WWTP Plant Manager or designee.

In the event that the WWTP Plant Manager approves discharges to sewers, the Wastewater Treatment Plant

must still be notified prior to discharges of any significant volume or any discharges that could affect the

operations of the Wastewater Treatment Plant.

05/13/11.REV08.JTH ENVMGT.FORM.0011 PAGE 4 OF 6

6.0 Air Quality Management

6.1 Dust Control – Contractors will provide adequate control of fugitive dust emissions during all operations and

activities.

6.2 Other Emissions - Contractors must comply with all Clean Air Act requirements for emissions from their

activities. Other emissions such as purposeful venting of CFC-containing refrigerants are strictly prohibited.

7.0 Materials and Supplies Storage

7.1 MSDS Knowledge Requirement – Contractors will not transport hazardous chemicals onto the project site

without having prior knowledge of the associated Material Safety Data Sheets (MSDS). These materials

include, but are not limited to, sealers, adhesives, paints, coatings, fuels, oils, acids and caustics. All sizes of

containers require review and approval before their use on site.

7.2 MSDS Availability Requirement - The Contractor will have available the Material Safety Data Sheets

(MSDS) for all chemical products in use at all times that their employees are working with on site. MSDS’s

will be made available upon request.

7.3 County Consent Required for Material Storage - There will be no storage of any materials and supplies on

county property without the consent of the County Project Manager.

7.4 Secondary Containment Requirement - Approved outside storage areas for chemical materials must be

equipped with non-earthen secondary containment equal to 150% of the capacity of the largest container by

the contractor.

7.5 Labeling Requirement - The Contractor will ensure that all material containers owned or managed by the

Contractor will be properly labeled in accordance with the OSHA HAZARD COMMUNICATION

STANDARD (i.e., contents, primary hazard).

7.6 Keep Chemical Containers Closed - The Contractor will ensure that chemical containers are closed except

when in use.

7.7 Spill Kit Requirement – Contractors will maintain spill kits to contain and clean up small spills generated by

their employees or from their materials. Spill kits will be kept on site and will be easily accessible during an

emergency.

8.0 Spill Prevention and Spill Management

8.1 Prevention – Contractors will provide adequate spill/release prevention (such as secondary containment) for

all bulk materials.

8.2 Preparedness – Contractors will maintain spill kits to contain and clean up small spills generated by their

employees or from their materials. Spill kits will be kept on site and will be easily accessible during an

emergency.

8.3 Spill Response - THE CONTRACTOR WILL IMMEDIATELY REPORT ALL SPILLS OR RELEASES OF

MATERIALS OTHER THAN INCIDENTAL SPILLS to the County Project Manager and the COUNTY

ENVIRONMENTAL MANAGER at (804) 717-6531. Contractors will assist the county in spill mitigation

and documentation until the spill incident is deemed closed by the County Environmental Manager.

05/13/11.REV08.JTH ENVMGT.FORM.0011 PAGE 5 OF 6

9.0 Special Substances Requirements

9.1 PCBs

9.1.1 Suspected PCB Notification - If a material is suspected to have PCB contamination, the County

Project Manager is to be notified. Contractors must manage materials and waste that contains PCB

in accordance with the Toxic Substances Control Act (TSCA).

9.1.2 Coordination of PCB Removal - All PCB removal conducted by the Contractor shall be coordinated

with the County Project Manager.

9.1.3 Lighting Ballast Disposal - Any lighting ballast that does not state that it is a non-PCB containing

ballast must be disposed of as PCB containing.

9.2 Asbestos Containing Material (ACM)

9.2.1 Notification Requirement – Contractors will contact the County Project Manager prior to any

construction or demolition work that could disturb existing structures or equipment.

9.2.2 County Asbestos Management Procedure - All asbestos removal and disposal activities will be

conducted in accordance with procedures approved by the County Project Manager.

9.2.3 Compliance with Regulations - Contractors engaged in activities that involve ACM shall comply

with 29 CFR 1926.1101, 29 CFR 1910.001 (and related Virginia regulations) as regulated by the

Virginia Department of Professional and Occupational Regulation (DPOR).

9.3 Lead

9.3.1 Lead Testing Requirement – Contractors are responsible for testing for the presence of lead-based

paints when grinding or welding on building or building structural steel. Testing will be done by an

approved lab as directed by the County Project Manager.

9.3.2 County Lead Management Procedure - All lead removal and disposal activities will be conducted in

accordance with procedures approved by the County Project Manager and the applicable OSHA

Lead Standard for the specific project activities.

9.3.3 Compliance with Regulations - Contractors engaged in activities that involve lead shall comply with

29 CFR 1910.25 (the general industry lead standard) and, for construction activities 29 CFR 1926.62

(in conformance with the requirements of the Virginia Department of Labor and Industry).

9.4 Refrigerants (CFCs)

9.4.1 Training Requirement – Contractors will provide copies of employee training certificates to the

County Project Manager upon request.

9.4.2 No CFC Venting - Intentional venting of CFCs to the atmosphere is strictly prohibited.

10.0 Equipment Decommissioning

10.1 Inspection Requirement - All equipment will be thoroughly inspected by the contractor for fluids and other

hazardous materials prior to removal.

10.2 Fluids and Hazardous Material Management Requirement - All fluids and other hazardous materials in the

equipment will be removed prior to decommissioning and disposal of any waste generated will be handled in

accordance with the above instructions in 3.0.

05/13/11.REV08.JTH ENVMGT.FORM.0011 PAGE 6 OF 6

ATTACHMENT D SAMPLE CONTRACT

THIS AGREEMENT, made and entered into this «day» day of «month», «year», between THE COUNTY OF CHESTERFIELD AND CHESTERFIELD COUNTY SCHOOL BOARD, as party of the first part (hereinafter called the Owner), and «Company», «Address1», «City», «State» «PostalCode», party of the second part (hereinafter called the Contractor).

WITNESSETH: In consideration for the mutual covenants hereinafter stated, the parties agree for themselves, their personal representatives, successors, assigns, as follows:

1. The Contractor promises and agrees:

A. To furnish all materials, equipment, tools, skill, and labor of every description necessary or reasonably incidental to carrying forth and completing in a good and workmanlike manner in accordance with the highest industry standards and in strict conformity with the Plans and Specifications entitled IFB #«number» - «subject» which are incorporated herein by reference.

B. To commence work under this contract not later than «commence» days following the date to be specified in the written "Notice to Proceed" by the Owner, and to fully complete all work hereunder within «complete» calendar days from and including said date.

2. The Owner promises and agrees:

A. To pay the Contractor for said work when completed in accordance with the provisions of these Contract Documents, the Contract Sum as set forth in said Proposal amounting to «dollars» («amount»), subject to additions and accepted by the County and School Board or its authorized representatives.

3. During the performance of this contract, 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 any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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.

C. 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.

D. The contractor shall include the provisions of Section 3, the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

4. During the performance of this contract, the contractor agrees to:

A. Provide a drug-free workplace for the contractor’s employees.

B. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

C. State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace.

D. Include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor 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.

5. It is further understood and agreed between the parties hereto as follows:

A. The said work is to be done in accordance with the laws of the State of Virginia, excepting the law governing conflicts of laws, to the entire satisfaction of the Owner, subject at all times to the inspection and approval of the Owner. Disputes arising out of this contract shall be resolved in the Courts of the Commonwealth of Virginia, in and for Chesterfield County.

B. The decision of said County and School Board upon any questions connected with the execution of this agreement or any failure or delay in the prosecution of the work by said Contractor shall be final and conclusive.

C. The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.

D. If at any time after the execution of this Contract and the Performance Bond, the Owner shall deem the Surety or Sureties then upon said bond to be unsatisfactory, or if for any reason said bond shall cease to be adequate security for the performance of the work, the Contractor shall at his expense, within five (5) days after receipt of written notice to do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner.

6. The contractor's records, which shall include but not be limited to accounting records, written policies and procedures, subcontract files (including proposals of successful and unsuccessful bidders), original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to the Contract (all the foregoing hereinafter referred to as "records") shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the Owner's agent or its authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments, change orders or claims submitted by the Contractor or any of its payees pursuant to the execution of the Contract. Such records subject to examination shall also include,

but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with the Contract.

For the purpose of such audits, inspections, examinations and evaluations, the Owner's agent or authorized representative shall have access to said records from the effective date of the Contract, for the duration of the Work, and until three (3) years after the date of final payment by the Owner to the Contractor pursuant to the Contract. The Owner's agent or its authorized representative shall have access to the Contractor's facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits as required. The Owner's agent or its authorized representative shall give any auditee reasonable advance notice of intended audits. The Contractor shall require all subcontractors, insurance agents, and material suppliers (payees) to comply with the provisions of set forth by insertion of the requirements hereof in a written contract agreement between the Contractor and payee. Failure to obtain such written contracts, which include such provisions, shall be reason to exclude some or all of the related payees' costs from amounts payable to the Contractor pursuant to the Contract.

7. It is further understood and agreed as follows:

A. The undersigned Contractor/Vendor will indemnify and hold the County of Chesterfield, Virginia (the "County") and the School Board of the County of Chesterfield, Virginia (the "School Board"), and its officers, agents, and employees harmless from and against all claims, damages, and losses arising out of or resulting from the Contractor/Vendor's providing or failure to provide any construction, product, goods, or services required, including but not limited to any such claim, damage, loss or expense, that is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, or to economic loss; provided, however, that the Contractor/Vendor's indemnification obligation under this agreement shall be limited to claims, damages, losses, and expenses to the extent caused by any act or omission of the Contractor/Vendor, or any subcontractor (a "Subcontractor") performing work required by the Contractor/Vendor's contract with the School Board, or anyone directly or indirectly employed by any of them or anyone for whose acts the Contractor/Vendor or his Subcontractor may be liable.

B. The Contractor/Vendor's indemnification obligation hereunder with respect to any

and all claims against the County and School Board or any of its officers, agents or employees, by any employee or statutory employee of the Contractor/Vendor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts the Contractor/Vendor or Subcontractor may be liable, shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor/Vendor or any Subcontractor under Worker's Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts unless otherwise provided by law.

C. When a consulting architect (the "Architect") has been retained by the County and School Board, the Contractor/Vendor's indemnification obligation hereunder shall not extend to the liability of the Architect, his agent or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage.

8. Vendor/Supplier/Contractor will be responsible for complying with all federal, state and local environmental regulations relating to transportation, handling, storage, spillage and any other aspect of

providing the services specified herein, as applicable.

9. Chesterfield County does not discriminate against faith-based organizations in accordance with the Code of Virginia, §2.2-4343.1.

10. Seller/Contractor agrees that he does not, and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986, in accordance with the Code of Virginia, §2.2-4311.1.

IN WITNESS WHEREOF, said parties have hereunto set their hands the day and year first above written.

EXECUTED FOR THE COUNTY AND SCHOOL BOARD OF CHESTERFIELD, VIRGINIA

SIGNATURE

NAME (type/print) Michael J. Bacile TITLE Purchasing Director EXECUTED FOR THE CONTRACTOR

«Company»

SIGNATURE NAME (type/print) TITLE