25023 OKV As-Bid Project Manual 2026.06.17.pdf

AS-BID

JUNE 2026

PROJECT MANUAL

NORTHSIDE SITE PREPARATION – PHASE 1

WINCHESTER REGIONAL AIRPORT

WINCHESTER, VIRGINIA

DOAV PROJECT NO. CF0059-41 (DESIGN)

DOAV PROJECT NO. CF0059-PENDING (CONSTRUCTION)

PREPARED FOR THE

WINCHESTER REGIONAL AIRPORT AUTHORITY

2700 POLO PARKWAY

DELTA PROJECT NO. 25023 MIDLOTHIAN, VIRGINIA 72113

INVITATION FOR BIDS ANNOUNCEMENT

Winchester Regional Airport Authority 491 Airport Road

Winchester, VA 22602 Phone: (540) 662-5786

Title: Northside Site Preparation – Phase 1

Bids Due: Thursday, July 16, 2026, 2:00 PM local time

Bids Open: Winchester Regional Airport, Business Center Room 491 Airport Road, Winchester, Virginia 22602

Project Overview:

This project consists of site preparation (clearing, mass grading, installation of drainage features, fencing, and relocation of electrical utilities) on the north side of Runway 14-32. The project has two bid alternates.

The Winchester Regional Airport Authority (the “WRAA”) is seeking proposals from qualified firms (the “Offeror” or “Contractor”) to furnish the goods and/or services described herein and proposals will be received by the WRAA at the Winchester Regional Airport, 491 Airport Road, Winchester, Virginia, 22602, through the due date and hour shown above (local prevailing time). Proposals received after this date and time will not be accepted.

Hard-copy proposal submissions shall be placed in a sealed envelope addressed to the Winchester Regional Airport Authority at the Winchester Regional Airport, 491 Airport Road, Winchester, Virginia 22602. The project title should be included in the lower left-hand corner of the sealed proposal envelope. In lieu of hardcopy submissions, electronic submission of proposals will be accepted through eVA only. No bids may be withdrawn before September 15, 2026.

Pre-Bid Conference: A non-mandatory Pre-Bid Conference has been scheduled for Thursday, June 25, 2026, at 10:00 AM local time in the Winchester Regional Airport Business Center Room at 491 Airport Road, Winchester, Virginia 22602. A virtual attendance option via Webex Webinar will also be made available. Details for accessing the virtual attendance option may be found in the Project Manual.

Site Visit: A site visit will occur immediately following the Pre-Bid Conference. Additional site visits may be scheduled by contacting the Airport directly.

Questions: All inquiries and technical questions or comments related to this solicitation shall be directed to the IFB Contact and the WRAA’s Engineer no later than 2:00 PM on Thursday, July 9, 2026. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted.

IFB Contact: Nick Sabo, Executive Director, Winchester Regional Airport nsabo@flyokv.com

Engineer: Holly M. van der Lans, P.E., Project Manager, Delta Airport Consultants, Inc.

hvanderlans@deltaairport.com cc:

Bernadette J. Hillestad, Project Coordinator, Delta Airport Consultants, Inc.

bhillestad@deltaairport.com

The Owner, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders or offerors that it will affirmatively mailto:hvanderlans@deltaairport.com

Northside Site Preparation – Phase 1 ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin, creed, sex, age, or disability in consideration for an award.

This solicitation is posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov) and is available for free download.

http://www.eva.virginia.gov/

TABLE OF CONTENTS

SECTION A: SPECIFICATIONS

SECTION B: CONTRACT SPECIFIC TERMS AND CONDITIONS

SECTION C: TERMS AND CONDITIONS

ATTACHMENT A: BID FORM

ATTACHMENT B: PAYMENT PROCEDURES

ATTACHMENT C: VENDOR APPLICATION

ATTACHMENT D: PRICE SCHEDULE

ATTACHMENT E: REFERENCE PAGE

ATTACHMENT F: CONTRACTOR’S LICENSE

ATTACHMENT G: INSURANCE REQUIREMENTS

ATTACHMENT H: BID CERTIFICATIONS AND DISCLOSURES

ATTACHMENT I: BOND REQUIREMENTS

SECTION D: SAMPLE CONTRACT FORMS

SECTION E: ADDITIONAL CONTRACT CONDITIONS

SECTION F: SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS

APPENDICES

APPENDIX A – OTHER FORMS

APPENDIX B – GEOTECHNICAL REPORT

PAGE INTENTIONALLY BLANK

SECTION A: SPECIFICATIONS

1. INTRODUCTION

The purpose of this Invitation for Bid (IFB) by the Winchester Regional Airport Authority (WRAA) is to solicit sealed bids from interested Bidders for the Northside Site Preparation – Phase 1 project. The project includes tree clearing and grubbing; general grading and erosion and sediment control measures; installation of a stormwater basin and other drainage features in support of future development; and relocation of electrical utilities and fence.

2. BACKGROUND

This project is the first phase of a larger aeronautical development plan. Future phases will include the construction of taxiway and apron pavement to support additional facilities. The WRAA is seeking bids from qualified firms to complete the Northside Site Preparation – Phase 1 project. This project is funded in part by a grant from the Virginia Department of Aviation (DOAV). Award of the project is anticipated for the fall of 2026, and construction is anticipated to occur in 2027.

The WRAA, as Airport Sponsor, will receive bids and award the project. The bidding and awarding process shall conform to the rules and requirements of Frederick County, Virginia which acts as fiscal agent for the WRAA.

All issues relating to the bidding and award process shall be governed by the policies and procedures of Frederick County and as stated herein.

3. SCOPE OF WORK

The Northside Site Preparation – Phase 1 project at Winchester Regional Airport is to be administered and constructed in accordance with this Project Manual and associated plan sheets and addenda. All sections and/or volumes of this Project Manual, including all associated plans sheets and addenda, comprise the Contract Documents for the project.

4. PRE-BID CONFERENCE DETAILS

All bidders are strongly encouraged to attend the Pre-Bid Conference to discuss the proposed construction and the plans and project manual. An in-person meeting with virtual webinar option is scheduled for Thursday, June 25, 2026, at 10:00 AM local time in the Winchester Regional Airport Business Center Room at 491 Airport Road, Winchester, Virginia 22602.

Virtual Attendee Meeting Details:

Beginning approximately 15 minutes prior to the meeting time, copy and paste the meeting link below into a web browser and launch the Webex Webinar. For the best experience, use Google Chrome or Firefox. Microsoft Edge and Safari 7 or later are also supported.

Meeting Link:

https://deltaairport.webex.com/deltaairport/j.php?MTID=me0201270e1ec0ec99995b69e0d1f1f56

Webinar Number:

2538 203 1139

Password:

CkW2NQJta24 (25926758 when dialing from a phone or video system)

All attendees will be muted by default but may ask questions using the "Raise Your Hand" function. Upon receiving the system message prompt to unmute, users may unmute their microphone to speak. Attendees may also type questions through the Q & A function during the webinar. Project-related questions can also be asked in writing (email preferred) prior to the date and time posted on the announcement page. Users should familiarize themselves with the login and features (including audio/video settings) of the platform well before the scheduled meeting. More information can be found in the Webex Help Center online at: https://help.webex.com/en-us/article/8l0y08/Join-a-webinar.

5. BIDDER REQUIREMENTS

A. As part of their bid, Bidders are required to provide a minimum of three (3) references for successfully completed projects similar in scope and contract amount to the project (refer to Attachment E:

Reference Page). Additionally, the references must be the most recent similar projects. Additional references are permitted; however, the three (3) most related projects should be highlighted first.

B. Bidder must be a responsible bidder and must satisfactorily prove to the WRAA that they have adequate facilities, manpower and financial capacity to perform all requirements. Bidder shall demonstrate and warrant to the satisfaction of the WRAA that the bidder and/or the Bidder’s subcontractors have the technical expertise, relevant Project experience, and ability to complete the various elements of the Contract and scope of work.

C. The Contractor shall have a competent foreman or superintendent, satisfactory to the Engineer and the Owner, on the Site at all times during the performance of the Work. The superintendent shall be familiar with and be able to read and understand the Contract Documents and be capable of communicating verbally and in writing with the Owner’s representatives, the Engineer, and the Contractor’s workers. The Contractor shall be responsible for all construction means, methods, techniques, sequences and procedures, for coordinating all portions of the Work except where otherwise specified in the Contract Documents, and for all safety and worker health programs and practices. The Contractor shall notify the Owner, in writing, of any proposed change in foreman or superintendent, including the reason therefore, prior to making such change.

D. The Contractor shall incorporate all specifications, terms and conditions in every subcontract issued pursuant to or under this Contract and shall require the same reference or inclusion be contained in every subcontract entered into by any subcontractor.

E. Bidders must possess a Virginia Contractor’s license in the appropriate class for the project.

F. Bidders must provide any complaints or disciplinary actions filed with the Virginia Department of Professional and Occupational Regulation for the past three (3) years.

6. ACCEPTANCE OF BIDS

A. The WRAA expressly reserves the right to cancel this IFB and/or reject any or all bids, to waive any informality or irregularity in the bids received, and to accept a bid from the lowest responsive and responsible bidder which is deemed to be in the best interest of the WRAA. Each Offeror is solely responsible for ensuring that such Offeror has the current, complete version of the IFB documents, including any addenda, before submitting a bid. Receipt by the bidder of such addendum should be acknowledged on the Bid Form and/or addendum. Addenda will be posted on the Commonwealth of Virginia’s electronic procurement platform, eVA. The WRAA is not responsible for any IFB obtained from any source.

B. To determine the lowest responsive and responsible bidder who may be awarded a Contract for the Work, the criteria set forth in the Bid Documents may be considered. By submitting a bid, each bidder agrees that this is a solicitation of bids, and each bidder agrees to be solely responsible for the cost or expense of its bid, and the WRAA shall have no responsibility for such costs or expenses.

C. If the bid by the lowest responsive and responsible bidder exceeds available funds, the WRAA reserves the right to negotiate with the apparent low bidder pursuant to Section 2.2-4318 of the Code of Virginia. The conditions and procedures under which such negotiation may be undertaken are that the appropriate WRAA officials shall determine that the lowest responsive and responsible bid exceeds available funds and notify such bidder in writing of its desire to negotiate. Thereafter, negotiations with the apparent low bidder may be held to obtain a Contract within available funds involving discussions of reduction of quantity, quality, or other cost saving mechanisms. Any such negotiated Contract shall be subject to final approval of the WRAA, in the sole discretion of the WRAA.

7. EVALUATION FOR LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

To determine the lowest responsive and responsible Bidder with respect to this Bid, the following factors, among such others as will protect and preserve the interest of the WRAA may be considered:

A. Total extended Bid price as set forth on the Bid Form B. The specified terms and discounts, if any, of the Bid;

C. The ability, capacity and skill of the Bidder to perform the Contract and/or provide the services and/or items required;

D. Whether the Bidder can perform the Contract and/or perform the services and/or provide the items promptly, or within the time specified, without delay or interference;

E. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;

F. The quality of performance on previous contracts or services;

G. The previous and existing compliance by the Bidder with laws and ordinances relating to other contracts, purchase orders, items and/or services provided by Bidder in other matters;

H. The equipment and facilities available to the Bidder to perform the Contract and/or provide the services and/or items requested in the IFB;

I. The sufficiency of the financial resources and ability of the Bidder to perform the Contract and/or provide the services and/or items requested in the IFB;

J. The quality, availability, and adaptability of the supplies, materials, equipment and/or services the

Bidder can provide for the particular use and/or work requested in the IFB.

8. LIQUIDATED DAMAGES

Work shall begin within two (2) calendar days of the date indicated in the Notice to Proceed (NTP), which will be issued after a purchase order has been issued or contract has been executed. All work shall be completed in the number of calendar days as specified in the plans. It is hereby understood and agreed by the bidder that time is of the essence in the delivery of supplies, services, materials, or equipment of the character and quality specified in the bid document. In the event these specified supplies, services, materials, or equipment are not delivered by the date specified, there will be deducted a sum as specified in the plans as liquidated damages; except that if the delivery be delayed by any act, negligence, or default on the part of the Commonwealth, public enemy, war, embargo, fire, or explosion not caused by the negligence or intentional act of the contractor or his supplier(s), or by riot, sabotage, or labor trouble that results from a cause or causes entirely beyond the control or fault of the contractor or his supplier(s), a reasonable extension of time as the procuring public body deems appropriate may be granted. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract. Upon receipt of a written request and justification for an extension from the contractor, the WRAA may extend the time for performance of the contract or delivery of goods herein specified at the WRAA’s sole discretion for good cause shown.

Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the WRAA. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each day that any work remains incomplete after the contract time limit specified for completion of the work, the WRAA shall assess liquidated damages against the Contractor. The Contractor waives any defense as to the validity of any liquidated damages stated in the Contract and assessed by the WRAA against the Contractor on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.

Execution of the contract under these specifications shall constitute agreement by the WRAA and Contractor that this amount per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs.

Permitting the Contractor to continue and finish the work or any part thereof after the contract time or adjusted contract time, as pertinent, has expired shall in no way operate as a waiver on the part of the WRAA or any of its rights under the contract.

Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the WRAA’s right to collect any additional damages which may be sustained by failure of the Contractor to carry out the terms of the contract, it being the intent of the parties that said liquidated damages be full and complete payment only for failure of the Contractor to complete the work on time.

9. PAYMENTS TO CONTRACTOR

A. Progress payments may be made against construction purchase orders / contracts when the period of performance exceeds 30 calendar days. Payment may be made on partial deliveries of services accepted by the WRAA when the amount due on such deliveries so warrants.

Contractor’s notification and Certificate of Payment regarding progress payments shall:

a. Show the estimate of the Work performed during the preceding calendar month or work period;

b. Itemize the quantity of materials and document with invoices showing the cost of said materials stored on or off site; Items purchased for the project but not scheduled for incorporation into the work within the six months next following submission of the Certificate of Payment shall not be invoiced by the Contractor for payment.

c. Identify the specific location of the off site materials, which must be within reasonable proximity to the Site and within the Commonwealth of Virginia;

d. Include a letter from the Contractor’s Surety which confirms that the Surety on the Performance Bond and the Labor and Material Payment Bond has been notified of the request for payment of materials stored off the Site and agrees that the materials are covered by the bonds; and

e. Include documentation establishing that the stored materials are covered by all-risk builder’s risk insurance in an amount not less than the fair market value of the materials, which insurance shall include the Owner as an additional insured.

B. The Owner shall withhold five percent (5%) of each progress payment to the Contractor until the Final Payment, unless otherwise provided by any law, regulation or program of the federal government. Such retainage shall be held to assure faithful performance of the Contract and may also be used as a fund to deduct amounts due to or claimed by the Owner, including, but not limited to, payment to the Owner of all moneys due for deductive change orders, credits, uncorrected Defective Work, interest, damages, and the like (Code of Virginia § 2.2-4333). The Owner may, at its sole discretion, agree on an item-by-item basis to release the retainage on items which are fully 100% complete and which have been accepted by the Owner as being tested and complete and on which no further action or work will be required.

C. The Final Payment, which shall include the retainage less any amounts due to or claimed by the Owner, shall not become due until the Owner’s inspection, and agrees that Final Completion has been achieved, and until the Contractor shall deliver to the Owner a Certificate of Completion by the Contractor.

Amounts due the Owner which may be withheld from the Final Payment may include, but are not limited to, amounts due pursuant to costs incurred to repair or replace Defective Work, costs incurred as a result of the Contractor’s negligent acts or omissions or omissions of those for whom the Contractor is responsible, delay damages, and any liquidated or actual damages.

SECTION B: CONTRACT SPECIFIC TERMS AND CONDITIONS

1. eVA REGISTRATION: WRAA utilizes eVA, Virginia’s electronic purchasing system, to communicate and award with Offerors. In the event of an award, the selected Offeror shall be required to register in eVA.

There is no cost associated with registration.

2. PRE-BID CONFERENCE: A pre-bid conference is scheduled related to this IFB on the date, time and location posted on the announcement page. Attendance at the pre-bid conference is not mandatory in order for a bid to be considered for award.

3. SITE VISIT: A site visit is scheduled related to this IFB on the date, time and location posted on the announcement page.

4. CONTRACTOR QUALIFICATIONS: Firms shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract.

5. BID OPENING: Bids must be received by the date and time indicated on the Announcement page. Bids shall be opened on the due date at 2:05 PM, in the Winchester Regional Airport, Business Center Room, located at 491 Airport Road, Winchester, Virginia 22602.

6. QUESTIONS: Questions regarding this Invitation for Bids (IFB) must be received in writing (email is preferred) prior to the date and time posted on the announcement page.

7. ADDENDA AND CHANGES TO BIDS: Changes or supplemental instructions to this Invitation for Bids will be posted online with this solicitation. It is the Offeror's responsibility to check for addenda prior to the due date and time to ensure that all addenda are received.

All Bidders shall acknowledge receipt of Addenda with the bid. Acknowledgement of all Addenda shall be in the space provided on the Bid Form or by returning a copy of each signed Addendum. If all Addenda are not acknowledged, the bid may be determined non-responsive.

A bidder may amend and/or withdraw a bid before the due date and time set on the Announcement page. All requests from a potential bidder to return their bid shall be in writing, addressed to the IFB Contact, and signed by an authorized representative.

8. BID SUBMISSION REQUIREMENTS:

a. Bid Form: Each bidder shall submit a completed Bid Form and any other bid requirements as outlined. No erasures shall be permitted. Errors and other changes shall be struck through with a single line and initialed.

Bids shall be furnished in unit prices as called for in this Invitation for Bid, in numerical figures and written dollar amounts. The written word shall take precedence. Figures shall be written in ink or typed.

b. Submissions: Bid Form shall be signed by the Bidder or by an authorized representative of the bidder and enclosed along with other bid requirements, in a sealed envelope and clearly marked with the bidder’s name and address, opening date and time, and the project title. Bids submitted by courier should be sealed in an envelope and include the required information to ensure it is not opened prior to the public opening.

c. (Preferred Method) In lieu of hard copy submissions, electronic submissions are permitted. Your firm’s bid submittal, consisting of one (1) complete electronic copy and one (1) redacted electronic copy (if applicable) in a “pdf” format, will be received no later than the date and time listed on the IFB

Announcement page, by submitting through the Commonwealth of Virginia’s electronic procurement platform eVA (www.eva.virginia.gov).

Submissions through eVA are secured and sealed until the due date and time. Emailed and/or faxed submissions shall not be accepted.

d. All proposals (including all documents, schedules, reports, plans and other attachments) will not be returned.

9. BID ACCEPTANCE: Bids considered irregular may be rejected. Irregularities include, but are not limited to the following:

a. Bids not written in ink or typed

b. Bids reserving the right to accept or reject an award or qualifying award based on acceptance

c. Bids not properly signed

d. Erasures or alterations not initialed by the bidder

e. Bids which are obviously unbalanced in unit price or lump sum price, either in excess or below the cost analysis values as determined by the WRAA

f. Unauthorized additions, conditions, or alternative bids or other irregularities that may make the bid incomplete, indefinite, or ambiguous.

10. METHOD OF AWARD: The WRAA will make a single award based on the Total Bid to the lowest responsive and responsible Bidder. The WRAA reserves the right to reject any or all bids, to waive informalities, and to re-advertise.

11. ASSIGNMENT OF WORK/ORDERING: Not applicable.

12. CONTRACT/AGREEMENT: Following award, a contract will be executed between the Bidder and the

WRAA. A sample contract/agreement is included in this Invitation for Bids. Do not return the sample contract/agreement with the bid; it is provided for informational purposes only.

13. CONTRACT MODIFICATIONS: The WRAA may, upon mutual agreement with the Contractor, issue written modifications to the scope of work/specifications of this contract. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document.

14. CONTRACT PERIOD/ RENEWAL: Not applicable.

15. PRICE ADJUSTMENT: Not applicable.

16. INVOICING: Payments shall be processed monthly through the WRAA.

17. PAYMENT: Payment will be authorized following receipt of a valid invoice as specified in the Contract

Documents and delivery of goods or completion of services according to specifications and subject to inspections. A completed and signed Acknowledgement of Payment Procedures must be submitted with all bids (Attachment B).

18. PROTECTION OF PERSONS AND PROPERTY: The Contractor undertakes to take every precaution at all times for the protection of persons and property, including the WRAA’s employees and property and its own. Any damage, including damage to finished surfaces, resulting from the performance of this contract shall be repaired to the WRAA’s satisfaction at the Contractor’s expense.

19. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the WRAA, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature and technical detail to enable the WRAA to determine if the product offered meets the requirements of the solicitation.

This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

20. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the WRAA, its Engineer, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract, the Contractor shall furnish proof of said insurance prior to commencement of services. Separate forms, which name the WRAA and its Engineer as additional insured and as alternate employer, must be included with the Certificate of Insurance. Please see Section C: Terms and Conditions for additional information regarding insurance coverage limits. Please make sure prior to submitting a proposal that all insurance endorsements forms have been reviewed by your insurance carrier.

The Commonwealth of Virginia requires contractors and subcontractors to obtain and maintain workers’ compensation insurance while performing work on behalf of the WRAA. Evidence of coverage needs to be provided prior to commencement of work.

Contractor shall have ten (10) days from the date of the WRAA’s request, to provide insurance documentation. Failure to provide the certificate and forms within this period may be cause for the WRAA to award a contract to the next responsive Bidder and hold the original Contractor liable for excess costs.

21. DELIVERY OF GOODS/SERVICES: All goods and services are to be delivered within the Contract Time specified in the Contract Documents.

22. METHOD OF ORDERING: The Contractor shall provide the goods or services requested upon receipt of a Purchase Order, if applicable, or signed Contract/Agreement.

23. QUANTITIES: The quantities stated are estimated quantities and are provided as a general guide for submitting bids and are not guaranteed.

24. EQUIPMENT: Any equipment delivered must be standard new and unused equipment, latest model, except as otherwise specifically stated in the bid.

25. SAMPLES: Samples shall be furnished free of expense within the time specified by the WRAA. Upon request, samples will be returned to the Bidder (at the Bidder’s risk and expense). Samples will be properly disposed of by the WRAA if not returned to the Bidder.

26. DESCRIPTIVE/LITERATURE: Not applicable.

27. SUBSTITUTIONS/ALTERNATES

a. Unless qualified by the provision "NO SUBSTITUTE", the use of the name of the manufacturer, brand make or catalog designation in specifying an item does not restrict Bidders to the manufacturer, brand, make or catalog designation identification. This is used simply to indicate the character, quality and/or performance equivalence of the goods and/or services desired. The goods and/or services on which bids are submitted must be of such character, quality and/or performance equivalence that it will serve as that specified. In submitting bids on goods and/or services other than as specified, Bidder shall furnish complete data and identification with respect to the alternate goods and/or services they propose to furnish.

b. Consideration will be given to bids submitted on alternate goods and/or services to the extent that such action is deemed to serve the best interests of the WRAA. If the Bidder does not indicate that the goods and/or services he proposes to furnish is other than specified, it will be construed to mean that the Bidder proposes to furnish the exact goods and/or services described.

28. EXAMINATION OF CONDITIONS: Each Bidder shall fully investigate site conditions and determine work conditions and take necessary measures to ensure a complete understanding of the specifications and work requirements. Failure to become familiar with the site conditions or work conditions will not relieve the Contractor from furnishing all materials or performing the work in accordance with the Specifications.

29. WARRANTY: The Contractor warrants the goods/services furnished to be of the highest quality and be free from defects for a period of one year from the date of delivery or installation and shall carry the standard manufacturer’s warranty. If installed, the warranty shall include parts, labor and all return delivery costs.

Replacements and repairs shall be made by the Contractor at no cost and to the satisfaction of the WRAA.

Repaired or replaced items shall be warrantied for a full one-year period from their repair or replacement.

30. SCHEDULING AND DELAYS: The parties to a contract resulting from this IFB acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the WRAA. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The WRAA shall not be required to pay any of the Contractor’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions. It is stated that the WRAA has no intent to delay the project, and the WRAA’s intent is to proceed with the project once grant funding is secured.

31. BOND REQUIREMENTS

a. Bid Bonds: All bids shall be accompanied by a Bid Bond from a surety company selected by the Bidder, which is legally authorized to do business in Virginia in the amount of five percent (5%) of the amount of the bid.

b. In lieu of a Bid Bond, a Bidder may furnish a certified check or cash escrow in the face amount required for the bond. Such bid guarantee shall be submitted with the understanding of the following: It shall guarantee that the Bidder will not withdraw his bid before September 15, 2026; if his bid is accepted, he will enter into a formal Contract with the WRAA in accordance with this solicitation which shall be included as a part of the Contract Documents; and the Standard Performance Bond and the Standard Labor and Material Payment Bond shall be given. And further, in the event of the withdrawal of the said bid within said period, or failure to enter into said Contract and give said Bonds within ten (10) days after Bidder has received a Notice of Award, the Bidder shall be liable to the WRAA for the lesser of (i) the difference between the Bid for which the Bond was written and the next low Bid, or (ii) the face amount of the Bid Bond. This amount represents the damage to the WRAA on account of the default of the Bidder in any particular hereof.

i. Bid Bonds in the form of certified checks, cashier’s checks or cash will be returned to all unsuccessful

Bidders who submitted a certified check or cash shall have their bid bond returned following the issuance by the WRAA of a Notice of Intent to Award to the winning Bidder.

c. Performance and Payment Bonds: Upon the award of a Contract resulting from this IFB, awarded to the successful Bidder(s), the Contractor shall furnish to the WRAA Performance and Payment bonds.

i. The successful Bidder, at the time of the execution of the Contract, shall furnish both Performance and Payment Bonds, each in an amount equal to 100% of the Contract Price and the Contract shall not be deemed to have been fully executed until such bonds are provided. Bonds shall be issued by a surety company licensed to conduct business in the Commonwealth of Virginia and listed on the United States Treasury Department’s latest Circular 570. The Performance Bond and the Payment Bond shall be in effect as of the date the successful Bidder signs the Contract, and if executed prior to the date the successful Bidder signs the Contract shall include written certification from the surety that the bond is effective as of the date of the Contract. If the successful Bidder is a partnership or joint venture, all partners or ventures shall execute the bond as principal in a personal and not representative capacity, in addition to execution of the bond by the Contractor as principal. Cost of said bonds shall be included in the Contract Price.

SECTION C: TERMS AND CONDITIONS

WINCHESTER REGIONAL AIRPORT AUTHORITY (WRAA)

BIDS/PROPOSALS ON SOLICITATIONS ISSUED BY THE WRAA WILL BIND BIDDERS/OFFERORS TO THE APPLICABLE CONDITIONS AND REQUIREMENTS IN THE GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION AND SUBJECT TO

APPLICABLE STATE, LOCAL, AND FEDERAL LAWS.

BIDDERS/OFFERORS OR THEIR AUTHORIZED REPRESENTATIVES SHOULD INFORM THEMSELVES

FULLY AS TO THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS OF EACH WRAA

PROCUREMENT BEFORE SUBMITTING BIDS/PROPOSALS. FAILURE TO DO SO WILL BE AT THE

BIDDER/OFFEROR'S OWN RISK AND RELIEF CANNOT BE SECURED ON THE PLEA OF ERROR.

1. AUTHORITY: The WRAA has sole responsibility and authority for negotiating, placing and, when necessary, modifying every solicitation, contract and purchase order issued by the WRAA. The IFB Contact listed in the Invitation for Bids serves as the authorized purchasing agent for the WRAA. Unless specifically delegated by the WRAA, no other WRAA officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the WRAA for an indebtedness. Any purchase ordered or contract made which is contrary to these provisions and authorities shall be of no effect and void and the WRAA shall not be bound thereby.

2. PRE-BID AND BID SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the WRAA’s Engineer or the IFB Contact, regarding an

Invitation for Bids is expressly forbidden except with the permission of the IFB Contact. Violation of this directive may result in a determination that the bidder is ineligible for award.

b. All bids shall be submitted sealed with the bid number, date and time clearly marked on the outside of the envelope or package. Electronic submission proposals will be accepted through eVA only. Bids received by the WRAA after the due date and time will not be accepted. Failure to return required documents and information specified herein may result in a determination that the bid is non- responsive.

c. Bids will be publicly opened on the due date and time specified on the “Invitation for Bids Announcement” cover sheet. A bid tabulation will be posted as soon as practical. The WRAA posts all solicitations and related bid tabulations on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov).

d. All bids shall be submitted in accordance with this Invitation for Bids. If more space is required to furnish a description of the goods and/or services bid, the Bidder may attach that additional information with the bid.

e. All bids must be signed by an officer or employee having the authority to sign on behalf of the firm.

f. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink. Any corrections must be initialed and dated in ink by the person signing the bid.

g. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the WRAA, including sales tax, delivery charges or other surcharges. Prices quoted shall be the final cost to the WRAA.

All deliveries shall be F.O.B. Destination.

h. If the WRAA is closed for business at the time scheduled for bid opening, regardless of reason, sealed bids will be accepted and opened on the next business day of the WRAA, at the originally scheduled time.

i. The Terms, Conditions and Specifications in this solicitation shall supersede any terms and conditions offered by the Bidder. Any additional conditions a Bidder intends to be considered must be submitted with the bid and be noted as an exception on the Bid Form, however, exceptions may result in the bid being determined non-responsive.

j. Each bid shall be submitted with the understanding that, upon acceptance by the WRAA, the Bidder shall furnish any or all of the goods and/or services described herein. The accepted bid shall constitute a contract between the Bidder and the WRAA and shall bind the Bidder to furnish and deliver the goods and/or services at the stated prices and in accordance with the Terms, Conditions and Specifications of the Invitation for Bids and bid. The WRAA shall order the goods and/or services from the Bidder at the stated prices except for reasons beyond reasonable control, including but not limited to availability of funds and the Contractor’s inability to deliver goods or services within the required timeframe.

k. Submission of a bid is not to be construed as an award or an order to ship.

l. A submittal (bid) by the Bidder certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with that entity. If a debarment or suspension exists, supporting information shall be provided with the response. Suspension or debarment may disqualify the Bidder from award of a contract.

m. A bid may be amended and/or withdrawn by a bidder if the request is received in writing before the due date and hour. The request must be signed by a person authorized to represent the vendor or firm that submitted the bid. Submission of a subsequent bid, unless specifically identified as an additional bid, shall constitute the withdrawal of any prior one submitted by the same bidder on the same Invitation for Bid.

n. Withdrawal of bids after opening is governed by the Code of Virginia §2.2-4330. The bidder shall give notice in writing of his/her claim of right to withdraw his/her bid within two business days after conclusion of the bid opening or procedure and shall submit original work papers with such notice.

3. ADDENDA: Changes or supplemental instructions to this Request for Proposals will be posted online with this solicitation. It is the Offeror's responsibility to check for addenda prior to the due date and time to ensure that all addenda are received.

All Offerors shall acknowledge receipt of Addenda with the proposal. Acknowledgement of all Addenda shall be in the space provided on the Proposal Form or by returning a copy of each signed Addendum. If all Addenda are not acknowledged, the proposal may be determined non-responsive.

The WRAA posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov).

4. AWARD

a. A notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov ).

b. Competitive Bids shall be awarded to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The WRAA reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

c. The right is reserved to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the WRAA. The award or awards will be made to the lowest responsive, responsible bidder or bidders as applicable.

d. An Offeror may protest the award or decision to award by submitting such protest in writing to the WRAA no later than ten (10) days after the award or the announcement of the decision to award. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. The written protest shall include the basis for the protest and the relief sought. The WRAA shall issue a decision in writing within ten (10) business days stating the reasons for the action taken. This decision shall be final unless the Offeror appeals within ten (10) days of the written decision by invoking legal action as established by the Code of Virginia.

http://www.eva.virginia.gov/

5. AVAILABILITY OF FUNDS: A contract shall be deemed in force only to the extent of availability of grant funding for the project.

6. AUTHORIZATION TO TRANSACT BUSINESS IN VIRGINIA: All Contractors organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the identification number issued to it by the State Corporation Commission. Any Contractor 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, as amended, or as otherwise required by law shall include in the bid/proposal/quote/statement of work a statement describing why the Contractor is not required to be so authorized.

Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its Certificate of Authority or Registration to Transact Business in the Commonwealth, if so required under Title 13.1 or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The WRAA may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Visit https://www.scc.virginia.gov/ for more information.

7. CHANGES TO THE CONTRACT: The WRAA may, upon mutual agreement with the Contractor, issue written modifications to the scope of work/specifications of this contract. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document.

8. RENEWALS: Not applicable.

9. PRICE ADJUSTMENTS: Not applicable.

10. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by Contractor within any 12-month period is $750,000 or more, the Contractor is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken within any 12-month period is $150,000 or more, but less than $750,000 or more, the Contractor is required to be licensed as a “CLASS B CONTRACTOR.” If such a contract is over $1,000 but less than $10,000, or if the Contractor does less than $150,000 in business in a 12-month period, the Contractor is required to be licensed as a “CLASS C CONTRACTOR.” The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The Contractor shall insert his contractor license number:

Licensed Class A Virginia Contractor No. _______________Specialty _______________ Licensed Class B Virginia Contractor No. _______________Specialty _______________ Licensed Class C Virginia Contractor No. _______________Specialty _______________

If the Contractor shall fail to provide this information or fails to promptly provide said contractor license number to the WRAA in writing when requested to do so, he shall be deemed to be in violation of § 54.1-1115 of the Code of Virginia (1950), as amended, and his bid/proposal will not be considered.

If a Contractor shall fail to obtain the required license prior to submission of a bid/proposal, quote, or statement of work, the Contractor shall not be considered.

11. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the WRAA, its Engineer, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract and/or issuance of the Purchase Order, the Contractor shall furnish proof of said insurance prior to commencement of services. Separate forms, which name the WRAA and its Engineer as additional insured and as alternate employer, must be included with the Certificate of Insurance.

https://www.scc.virginia.gov/

The Commonwealth of Virginia requires contractors and subcontractors to obtain and maintain workers’ compensation insurance while performing work on behalf of the WRAA. Evidence of coverage needs to be provided prior to commencement of work.

Contractor shall have ten (10) days from the date of the award (or Purchase Order), to provide insurance documentation. Failure to provide the certificate and forms within this period may be cause for the WRAA to award a contract to the next lowest Contractor and hold the original Contractor liable for excess costs.

The Commonwealth of Virginia establishes the minimum Worker’s Compensation coverage requirements.

Additional coverage requirements also apply for the following professional services categories:

Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design/Inspection/Abatement $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

12. HOLD HARMLESS AND INDEMNIFICATION: The Contractor shall defend, indemnify and hold the WRAA, its Engineer, and their respective employees, agents, and volunteers, harmless, from and against any and all damage claim, liability, cost, or expense (including, without limitation, reasonable attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the Contractor, its employees, agents, and volunteers, or incurred by or claimed against the WRAA, its Engineer, and their respective employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the Contractor.