830798roadVienna.pdf

INVITATION FOR BID

IFB 26-01

KINGSLEY ROAD SIDEWALK PROJECT (VDOT)

Town of Vienna

127 Center Street S

Vienna, VA 22180

RELEASE DATE: June 24, 2026

DEADLINE FOR QUESTIONS: July 14, 2026

RESPONSE DEADLINE: July 30, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/viennava https://procurement.opengov.com/portal/viennava

Town of Vienna

INVITATION FOR BID

Kingsley Road Sidewalk Project (VDOT)

I. Posting Notice II. Summary-Timeline

III. Section A - Information for Bidders IV. Section B - Mandatory Terms, Conditions & Scope of

Work/Specifications V. Section C - Contract Agreement (Example)

VI. Section D - General Conditions VII. Section E - Town of Vienna General Terms & Conditions

VIII. Section F - Supplemental Special Conditions IX. cn100-000026-09 Gen Project Reqs, Supp Specs, Specical Provisions, &

Special Provisions Copied Notes X. cn103-000100-01 Award of Contract

XI. cn105-000140-00 Maintenance During Construction XII. cn105-000150-00 Security Requirements for Portable Changeable

Message Signs XIII. cq107-000130-00 Drug-Free Workplace XIV. SP0F0-000100-00 Predetermined Minimum Wage Rates XV. SP0F0-000130-02 Req Contract Prov Federal-Aid Construction Contracts

XVI. SP0F0-000150-01 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity

XVII. SP100-000051-00 VDOT Spec Prov for Changed Conditions for Local Assistance Projects

XVIII. SP107-000120-00 Electronic Submission of Payroll XIX. SP107-001510-06 Interim DBE Requirements XX. SP107-003100-00 Made in the USA Requirements

XXI. SP109-000100-05 Asphalt Material Price Adjustment XXII. SQ105-000611-01 Subcontracting (Federal Funded Projects)

XXIII. SQ107-001300-00 Prevailing Wage Rates XXIV. SS109-002020-01 VDOT 2020 Road and Bridge Supplemental Specs Sect

109 – Measurement & Payment XXV. SS211-002020-03 VDOT 2020 Road and Bridge Supplemental Spec Sect

211 – Asphalt Concrete

Invitation For Bid #IFB 26-01 Title: Kingsley Road Sidewalk Project (VDOT)

XXVI. SS220-002020-01 VDOT 2020 Road and Bridge Supp Spec Section 220 – Concrete Curing Materials

XXVII. SS223-002020-02 Steel Reinforcement XXVIII. SS234-002020-01 VDOT 2020 Rd & Brdge Supp Specs Section 234 – Glass

Beads and Retroreflective Optics XXIX. SS235-002020-01 VDOT 2020 Road & Bridge Supp Specs Sect 235 –

Retroreflectors XXX. SS236-002020-01 VDOT 2020 Road & Bridge Supp Specs Sect 236 –

Wood Products XXXI. SS246-002020-02 VDOT 2020 Road & Bridge Supp Specs Sect 246 –

Pavement Marking XXXII. SS248-002020-02 VDOT 2020 Road & Bridge Supp Specs Sect 248 –

Stone Matrix Asphalt Concrete XXXIII. SS305-002020-02 Subgrade and Shoulders XXXIV. SS308-002020-01 Subbase Course XXXV. SS309-002020-01 Aggregate Base Course

XXXVI. SS315-002020-05 Asphalt Concrete Placement XXXVII. SS317-002020-01 Stone Matrix Asphalt Concrete Placement

XXXVIII. SS318-002020-01 Pavement Interlayers XXXIX. SS319-002020-02 Thin Hot Mix Asphalt Concrete Overlay

XL. SS321-002020-02 VDOT 2020 Road & Bridge Supp Specs Sect 321 – Trench Widening

XLI. SS407-002020-02 VDOT 2020 Road & Bridge Supp Specs Sect 407 – Steel & Other Metal Structures

XLII. SS411-002020-01 Protective Coating of Metal in Structures XLIII. SS512-002020-03 VDOT 2020 Road & Bridge Supp Specs Sect 512 –

Maintaining Traffic XLIV. SS704-002020-02 VDOT 2020 Road & Bridge Supp Specs Sect 704 –

Pavement Markings & Markers XLV. Federal Funding Grant and Agreements 2 CFR 200.317-326

XLVI. Bid Form XLVII. Vendor Questionnaire

Attachments:

A - Form C-45 SP107-000110-00 -SWPPP

B - Form C-48 Packet Subcontractor/Supplier Solicitation and Utilization, and

Vendor Survey Form (All Vendors)

C - Form C-63 Vendor Payment Compliance Report

D - Form C-104 Bidder Statement Federally Funded Projects

E - Form C-105 Bidder Certification Federally Funded Projects - Affadavit

1. Posting Notice

All times listed in this RFP are Eastern Standard Time.

Bids shall be submitted electronically via the Town of Vienna's eProcurement Portal (OpenGov).

Sign up for FREE to become a registered vendor with the Town of Vienna and receive notifications of upcoming opportunities! To register your business as a vendor to the Town of Vienna, look for the green button that says “Subscribe” NOTE: if you subscribe to the Town of Vienna as a vendor and you

DO NOT designate a purchasing category, you will be notified about EVERY open bid opportunity.

Current solicitations can be viewed and downloaded here:

https://procurement.opengov.com/portal/viennava

The Town uses eVA and OpenGov for notification and distribution of solicitation documents.

Current solicitations can be viewed and downloaded here:

https://procurement.opengov.com/portal/viennava

To log in or to register your company (for free) so that you receive notifications of the Town's solicitations, go to the Town's eProcurement Portal On the registration form, enter the required information. Please remember to add your commodity/NIGP codes for the type of work that you perform. Select all that apply or are similar in nature.

Solicitations also are advertised on the Commonwealth of Virginia's eVA Procurement Portal, where they may be downloaded and viewed in their entirety. Do not attempt to submit a bid via eVA as we use eVA for advertising only.

The Town of Vienna reserves the right to reject any and all bids or to accept the bid(s) which, in its judgment, will be for its best interest.

NO PROPOSAL MAY BE WITHDRAWN FOR A PERIOD OF NINETY (60) DAYS SUBSEQUENT TO THE DATE OF

THE BID OPENING.

Any bid may be withdrawn PRIOR to the scheduled time for bid opening or authorized postponement thereof.

2. Summary-Timeline

2.1. Summary

The purpose of this Invitation for Bid is to install curb & gutter and sidewalk with the public right-of-way from approximately 455 LF east of Cottage Street SW to Desale Street SW along Kingsley Road SW. The project includes new curb & gutter, mill and overlay, sidewalk, storm drainage system, driveways and entrance aprons, and an ADA accessible (pedestrian) curb ramp. The project will provide pedestrian access and curb & gutter along this portion of Kingsley Street SW.

2.2. Background

Located in Northern Virginia and approximately 14 miles from Washington D.C., the Town of Vienna is an incorporated town within Fairfax County—adjacent to Tysons Corner (Northeast), Oakton and Fairfax

City (Southwest), Merrifield/Mosaic District (Southeast) and Reston (Northwest). The Town is 4.4 square miles and home to approximately 17,088 residents.

Vienna is primarily a residential community with at least 71 percent of the land developed for residential purposes, excluding rights-of-way. The Town has approximately 3.5 million square feet of commercial and industrial space—60 percent is used for professional office space, 30 percent of the space is used for retail, and the remaining 10 percent is used for industrial purposes. Vienna is also home to a diverse business base serving independent retailers and even the nation’s largest credit union, Navy Federal

Credit Union.

2.3. Contact Information

Project Contact:

Jerry Amacker

Procurement Officer

127 Center Street South

Vienna, VA 22180

Email: jerry.amacker@viennava.gov

Phone: (703) 255-6359

Procurement Contact:

Jerry Amacker

Procurement Officer

127 Center Street South

Vienna, VA 22180

Email: jerry.amacker@viennava.gov

Phone: (703) 255-6359

Department:

Department of Public Works

Department Head:

Brad Baer

Director mailto:jerry.amacker@viennava.gov tel:(703)255-6359 mailto:jerry.amacker@viennava.gov tel:(703)255-6359

2.4. Timeline

Release Project Date June 24, 2026

Question Submission Deadline July 14, 2026, 2:00pm

Proposal Submission Deadline July 30, 2026, 2:00pm

3. Section A - Information for Bidders

3.1. SUBMISSION OF BIDS AND BID OPENING

A. Bidders must use the attached Official Bid Form to submit their bid. All bids must show unit price, if applicable, and total price. All bidders must sign and date any issued addendums or any other documentation considered to be part of the Bid Package. KEEP A COPY OF THE IFB FOR YOUR FILES

AND DO NOT SUBMIT IT WITH THE BID PACKAGE. By signing the Official Bid Form, the bidder acknowledges they have read this solicitation, understand it, and agree to be bound by its terms and conditions. Bids may be submitted by mail or delivered in person.

B. Bids shall not be faxed, mailed or hand delivered to any department or building in the Town of

Vienna.

C. The Bidder shall assume full responsibility for uploading bid documents to the OpenGov Procurement website. The OpenGov Procurement website does not allow late bid submittals.

Bidders are reminded that changes to the IFB, in the form of addenda, are often issued between the issue date and within ten business (10) days before the closing of the IFB. Bidders are solely responsible for checking the Town website to ensure that they have the most current information regarding the IFB.

3.2. BIDDING DOCUMENTS

A. Bidding Documents include the Information for Bidders, Form of Bid, the Bid Bond and the proposed

Contract Documents, including any Addenda issued prior to receipt of bids. All requirements and obligations of the Bidding Documents are hereby incorporated by reference into the Contract

Documents and are binding on the Successful Bidder upon Award of the Contract.

B. Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the

Advertisement for Bid in the number and for the price, if any, stated therein.

C. Bidders shall use complete sets of Bidding Documents in preparing Bids; the Town shall not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding

Documents.

D. The Town in making copies of the Bidding Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.

3.3. DEFINITIONS

A. THE BID: A Bid is a complete and properly signed proposal to do the Work or designated portion thereof for the sums stipulated therein, submitted in accordance with the Bidding Documents.

B. BASE BID: The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which work may be added or from which work may be deleted for sums stated in Alternate Bids, if any.

C. ALTERNATES: An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the

Bidding Documents, is accepted.

3.4. QUALIFICATION OF BIDDER

A. Bidders, whether residents or nonresidents of Virginia, will be required to show evidence of a certificate of registration as required by Chapter 11 of Title 54.1 of the Code of Virginia prior to the award. Bidders do not, however, need to show such evidence prior to bidding. If a bid is $120,000 or more, or if the Contractor’s annual volume is $750,000 or more, the Contractor must be licensed as a

“Class A Contractor”. If a bid is $10,000 or more but less than $120,000, or the total annual volume is

$150,000 or more but less than $750,000, the Contractor must be licensed as at least a “Class B

Contractor”.

B. VDOT Prequalified Contractors and/or Subcontractors are required for this project.

3.5. BIDDER’S REPRESENTATIONS

Each Bidder, by submitting his Bid, represents that:

A. They have read and understands the Bidding Documents and his Bid is made in accordance therewith;

and Bidder agrees to be bound by the terms and requirements set forth in the Bidding and Contract

Documents;

B. They have visited the site, has familiarized themself with the local conditions under which the Work is to be performed in accordance with Article A-8 and has correlated his observations with the requirements of the proposed Contract Documents;

C. Their Bid is based upon the materials, systems and equipment required by the Bidding Documents without exception; and

D. They have the capability, in all respects, and the moral, ethical and business integrity, reliability, technical ability, financial resources, plant, management, superintendents, equipment and materials which will assure effective and efficient good faith performance in full compliance with the Contract

Documents and with any and all schedules and Milestone and Completion dates required by the Town.

The Bidder acknowledges and represents that they have made allowances for normal inclement weather indigenous to the Project Site, in their estimating, planning and scheduling of the Work. The Bidder further acknowledges that the Contract Documents are, in their opinion, appropriate and adequate for completing this project and for the construction of sound and suitable Work. The Bidder hereby certifies that the Work shall be completed, in place, in full accordance with the Contract Documents, within the time limits specified.

3.6. BID SECURITY

A. Each bid must be accompanied by (1) cash; or (2) a Cashier’s Check or a Certified Check of the Bidder made payable to the Town of Vienna; or (3) a bidder’s bond accompanied by a written guarantee by a surety company licensed to do business in Virginia and acceptable to the Owner. The amount of this bid security will be 2½% of the bid amount for bids of $100,000 or less, and 5% of the bid amount for bids greater than $100,000. For purposes of this provision, the amount of the bid shall be the Base Bid plus all positive amount alternates. The bidder’s bond shall be issued by a surety company licensed to conduct business in Virginia and acceptable to the Town.

B. Said bid security is given as a guarantee that the Bidder will enter into a contract if awarded the Work and, in the case of refusal or failure to so enter into said contract, the security shall be declared forfeited to the Town. Such security shall be returned to all but the three lowest Bidders within three days after the opening of bids and the remaining security will be returned within 48 hours after the Town and the successful Bidder have executed the Contract. If no Contract has been awarded or the Bidder has not been notified of the acceptance of his bid, within sixty (60) days of the bid opening, with VDOT review, the Bidder may withdraw his bid and request the return of his bid security. If, at the Town’s request, the

Bidder agrees to extend and maintain his bid beyond the specified 45 days, his bid security will not be returned.

C. The Bidder’s Cash, Certified or Cashier’s Check or Bid Bond shall be accompanied by a written guarantee by a surety company licensed to do business in Virginia and acceptable to the Town, that in the event a contract is awarded to the Bidder, said surety will furnish the required Performance, Labor and Material Payment and Guarantee Bonds, as required herein.

3.7. LIQUIDATED DAMAGES

The Successful Bidder, upon his failure or refusal to execute the Contract within fifteen (15) days after he has received notice of the acceptance of his bid, shall forfeit to the Town the security deposited with his bid, as liquidated damages for such failure or refusal.

3.8. SITE CONDITIONS AND CONDITIONS OF WORK

A. Each Bidder must acquaint himself thoroughly as to the character and nature of the Work to be done.

Each Bidder furthermore must make a careful examination of the site of the Work and inform himself fully as to the difficulties to be encountered in the performance of the Work, the facilities for delivering, storing and placing materials and equipment, and other conditions relating to construction and labor.

B. Except where subsurface and/or latent conditions at the site are determined in accordance with paragraph 11.9 of the General Conditions to be materially different than those shown on the drawings or indicated in the contract documents, the Successful Bidder, assumes all risk as to the nature and behavior of the soil or subsurface conditions which underlie the Work or is adjacent thereto, or difficulties that may be due to any unfavorable conditions that may be encountered in the Work, whether apparent on surface inspection or disclosed after construction begins.

C. No plea of ignorance of conditions that exist prior to submission of bids, or may hereafter exist on the site of the Work subsequent to the Notice to Proceed, or difficulties that may be encountered in the execution of the Work, as a result of failure to make necessary investigations and examinations, will be accepted as an excuse for any failure or omission on the part of the successful Bidder to fulfill in every detail all the requirements of the Contract Documents and to complete the Work for the consideration set forth therein, or as a basis for any claim whatsoever.

D. Insofar as possible, the Successful Bidder, in carrying out his Work, must employ such methods or means as will not cause interruption of or interference with the Work of the Town or any separate contractor.

3.9. BIDDER’S QUESTIONS, ADDENDA AND INTERPRETATIONS

A. Bidders and Sub-bidders shall promptly notify the Town of any ambiguity, inconsistency or error which they may discover upon examination of the Bidding and Contract Documents or of the site and local conditions. No interpretation of the meaning of the drawings, specifications or other contract documents will be made to any Bidder orally.

B. Every request for such interpretation should be in writing addressed to the Procurement Officer, Vienna, Virginia, and to be given consideration must be received at least ten (10) days prior to the date fixed for the opening of the bids.

C. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Bidding Documents which, if issued, will be mailed to all prospective Bidders (at the respective addresses furnished for such purposes) not later than ten (10) calendar days prior to the date fixed for the opening of bids. The Town will not be responsible for any other explanations or interpretations of the proposed documents. Failure of any Bidder to receive any such addendum or interpretation shall not relieve any Bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents.

D. If the Bidder (or any person bidding to Bidder and/or subsequently in contract with the Bidder, relating to the subject project) knows, or should have known, that an ambiguity, discrepancy, error, omission or conflicting statement exists in the Bidding or Contract Documents, said Bidder (or sub-bidder) has an obligation to seek a clarification thereof from the Town prior to bid. The Town will welcome such a clarification request, and, if deemed necessary by the Town, the Town will issue a written addendum clarifying the matter in question. Should the Bidder fail to seek such a clarification prior to bid, Bidder thereby assumes the risk of loss related to such ambiguity, discrepancy, error, omission or conflicting statement which the Bidder (and any person bidding to Bidder and/or subsequently in contract with Bidder, relating to the subject project) knew or should have known existed at the time of bid.

E. Each Bidder shall ascertain prior to submitting his bid that he has received all Addenda issued, and he shall acknowledge receipt and inclusion in his proposal of all Addenda.

3.10. PERFORMANCE AND PAYMENT BOND

The following bonds or surety shall be delivered to the Procurement Officer within ten (10) days of notification of award and PRIOR to the commencement of any work and shall become binding on the parties upon the execution of the Contract:

A performance bond satisfactory to the Town, executed by a surety company authorized to do business in Virginia or otherwise secured in a manner satisfactory to the Town, for the faithful performance of the Contract in strict conformity with the plans, specifications and conditions of the Contract

Documents. The bond shall be in an amount equal to 100% of the price specified in the contract; and a payments bond satisfactory to the Town, executed by a surety company authorized to do business in

Virginia or otherwise secured in a manner satisfactory to the Town, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the Contract Documents. Labor and materials shall include public utility services and reasonable rentals of equipment, but only for the periods when the equipment rented is actually used at the site. The bond shall be in an amount equal to 100% of the price specified in the contract.

A prime contractor shall not be precluded from requiring each subcontractor to furnish a payment bond with surety thereon in an amount equal to 100% of the contract with such subcontractor.

3.11. CONTRACT PERIOD

The period of this contract shall be from the date of Notice to Proceed (NTP) and shall be in effect until the work is completed and accepted by the Town. The Contractor shall complete all work within 250 calendar days. The duration of this contract is 250 days.

3.12. TIME FOR COMPLETION AND LIQUIDATED DAMAGES FOR NON-

COMPLETION

The time for completion of this Contract and liquidated damages for non-completion within the stipulated time shall be as fixed in the Town-Contractor Agreement.

3.13. LOCATION OF WORK

Kingsly Road SW between Cottage Street SW and Desale Street SW within the Town of Vienna.

3.14. LIABILITY INSURANCE AND WORKMEN’S COMPENSATION

The Successful Bidder will be required to carry public liability and workmen’s compensation and other insurance in the amounts and under the terms stipulated under Article II of the General Conditions.

3.15. BIDDERS REFERRED TO LAWS

A. The attention of Bidders is called to the provisions of all Municipal, County and State laws, regulations, ordinances and resolutions, including but not limited to, the Virginia Human Rights Act; the

Equal Opportunity, Small and Minority Business Enterprises and the Construction Safety Resolutions; as well as laws, regulations, ordinances, resolutions and permits relating to obstructing streets, maintaining signals, storing and handling of explosives, or affecting the Bidder, or his employees or his Work hereunder in his relation to the Town or any other person. The Bidder shall obey all such laws, regulations, ordinances, permits or resolutions controlling or limiting Contractors while engaged in the prosecution of Work under this Contract.

B. The provisions of this Contract shall be interpreted in accordance with the laws of Virginia and in accordance with the laws, ordinances, regulations, permits and resolutions of the Town of Vienna.

3.16. TAXES

All applicable Federal, State and Local Taxes shall be included in the Bidder’s proposal.

3.17. RIGHT TO REJECT BIDS

Intentionally omitted.

3.18. EQUAL PRODUCTS AND SUBSTITUTIONS

A. Unless otherwise provided in the Contract Documents, the naming of a certain brand, make, manufacturer or article, device, product, material, fixture, form or type construction by name, make or catalog number, shall convey the general style, type, character and standard of quality of the article desired and shall not be construed as limiting competition. Any Bidder, in such cases, may, with Town approval, use any article, device, product, material, fixture, form or type of construction which in the judgment of the Town is equal to that specified considering quality, workmanship, economy of operation, suitability for the purpose intended, and acceptability for use on the project. Approval by the

Town prior to bid opening will be in the form of an Addendum to the Specifications issued to all prospective Bidders indicating that the additional makes or brands are equivalent to those specified.

B. Equal Products and Substitutions Prior to Bid Opening

1. To obtain such approval on makes or brands of material other than those specified in Contract

Documents, the Bidder shall submit his requests with adequate supporting technical data, as required below, to the Town not less than ten (10) days before the bid opening;

2. The Bidder’s request for approval of any equal product or substitution shall include:

a. Itemized comparison of proposed equal product or substitution with product or method specified;

b. Product identification, including manufacturer’s name, street address, email address if applicable and phone number;

c. Manufacturer’s literature showing complete product description, performance and test data, and all reference standards;

d. Samples and colors in the case of articles or products;

e. Name and address of similar projects on which the product was used and date of installation;

f. For construction methods, include a detailed description for proposed method and drawings illustrating same, and

g. A certification form, notarized prior to bid, entitled “Bidder’s Request for Equal Product or

Substitution and Bidder’s Representations”, contained in the Form of Bid. If approved by an Addendum, said form shall be resubmitted by the Bidder and all other Bidders that desire to use the same product or substitution in their Bid packages, at the time of bid.

C. The decision of the Town regarding the approval of items as equal products or substitutions will be final.

D. No change in brand or make from the originally specified item or approved equal product or approved substitution will be permitted unless satisfactory written evidence is presented to and approved by the Town.

E. The Bidder may request approval for equal products or substitutions after award of the Contract in accordance with the provisions of Article 4 of the General Conditions.

F. Equal products or substitutions will not be considered for approval by the Town prior to or after award of the Contract if acceptance of the proposed equal product or substitution will require substantial design revisions to the Contract Documents or is otherwise not acceptable to the Town.

G. Equal products or substitutions will not be considered for approval by the Town after award of the

Contract if the proposed item is indicated or implied on shop drawings or product data submittals and has not been formally submitted for approval by the Bidder in accordance with the above-stated requirements.

H. Bidders, other than the bidder who requested a particular equal product or substitution, that choose to utilize that equal product or substitution, as approved by addendum, shall comply with the submittal requirements of Article A-17 subparagraph B.2.g herein. All provisions herein and in the General

Conditions regarding the use of said equal product or substitution shall apply to all Bidders who choose to utilize said equal product or substitution.

3.19. PREPARATION AND SUBMITTAL OF BID FORM

A. Bids shall be submitted via the Town's eProcurement Portal, and shall be complete in every respect.

The total bid amount shall be entered in words and figures in the appropriate spaces provided. Where applicable, the unit price or lump sum items, and their extensions, shall be entered in figures in the respective columns provided for each bid item. All entries shall be made in the Pricing Proposal section of the eProcurement Portal. A failure to comply with this requirement may be cause for disqualification of the bid.

B. For Unit Price bids, in the event of any discrepancies between the unit prices and the extensions thereof or the total bid amount, the unit prices shall govern. For Lump Sum bids, in the event of a discrepancy between the bid amount in writing and that in figures, the written value shall govern.

Quantities listed in the Bid Form are an estimation of work only and not a guarantee. Quantities may be greater or less than stated in any given year.

C. Bids shall not contain any restatement or qualifications of Work to be done. Alternate bids will not be considered unless specifically called for. No oral, telegraphic or telephonic bids, or modifications will be considered.

D. Bidder shall complete the Vendor Questionnaire in its entirety.

E. The Bidder will complete the Bid Form in the following manner:

1. Section G, page 1

a. At “From”: Enter name and legal address of firm submitting bid,

b. Enter the total amount of the bid in words and figures,

2. Section G, page 3

a. Item H.1: Enter full legal name of the firm. Indicate type of business entity in subparagraph a, b or c,

b. Item H.3: Fill in signature, name (typewritten or legibly printed), title or position of principal signing the bid, and date of signature and affix Corporate Seal along the right hand margin,

c. Item I: Fill in all names and addresses of individuals interested as principals in this bid,

4. Section G, page 5

The enclosed Bid Bond Form is to be filled in completely, signed, sealed and notarized by both the

Principal and the Surety and the appropriate Power(s) of Attorney attached,

5. Section G, page 7

a. Enter the name and address of the Bidding Firm,

b. List all safety violations, as described in Article A-23 herein,

c. The Principal shall sign the Certification and affix the Corporate Seal,

d. The signature of the Principal shall be attested by an appropriate Notary,

6. Section G, page 9

The appropriate Acknowledgment of Principal of Bidder, must be fully completed and notarized with the notarial seal affixed,

7. Section G, page 11

The Small and Minority Business Data information form must be completed,

8. Section G, page 13

The Contract Bond Certification shall be filled out and signed by the Bidder’s Surety,

9. Section G, page 14 (if applicable)

All Bidders that desire to utilize an equal product or other substitution which has been approved in an

Addendum shall submit this form for each separate substitution, notarized, at the time of bid submittal,

10. Section G, page 16 (if applicable)

If applicable the form(s) attached for Alternate Bids and/or Unit Prices must be completed in full.

3.20. MODIFICATION OR WITHDRAWAL OF BID

A. A Bidder may withdraw 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 an 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. The Bidder shall give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original Work papers with such notice.

Work papers, documents, and materials submitted in support of a withdrawal of bids may be considered as trade secrets or proprietary information.

B. Prior to the time and date designated for receipt of bids, any bid submitted may be modified or withdrawn by notice to the party receiving bids at the place designated for receipt of bids. Such notice shall be in writing over the signature of the Bidder.

C. Withdrawn bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with this Information for Bidders.

D. Bid security, if any is required, shall be in an amount sufficient for the bid as modified or resubmitted.

E. A decision denying withdrawal of bid pursuant to Article A-19A herein shall be final and conclusive unless the Bidder institutes legal court action within ten (10) days after receipt of the decision.

F. If it is determined by the Courts that the decision refusing withdrawal of the bid was arbitrary or capricious, the sole relief shall be withdrawal of the bid and return of his bid security.

3.21. NONCONFORMING TERMS AND CONDITIONS

If the bidder submits alternate terms and conditions with the bid that do not conform to the terms and conditions in this solicitation, the bid is subject to rejection as non-responsive. The Town reserves the right to permit the bidder to withdraw nonconforming terms and conditions from its bid prior to a determination by the Town of non-responsiveness as a result of the submission of nonconforming terms and conditions.

3.22. EXCEPTIONS

Bidders taking exception to any part or section of this solicitation, including, by way of illustration and limitation, the Specifications, General Terms and Conditions, the Mandatory Terms and Conditions, and any attachments or references hereto, shall indicate such exceptions on the Bid Forms. Failure to indicate any exceptions shall be interpreted as the bidder’s intent to fully comply with the solicitation as written. However, conditional or qualified bids with such exceptions, unless specifically allowed in the solicitation, are subject to rejection in whole or in part as non-responsive.

3.23. CONSTRUCTION SAFETY

A. It shall be required that each bid submitted to the Town for a contract for construction, alteration, and/or repairs, including painting or decorating of a building, highway, street, bridge, sidewalk, culvert, sewer, excavation, grading, or any other construction, include a list of all the following actions which have become final in the three years prior to the bid submission:

1. Willful violations, violations for failure to abate, or repeated violations, for which the bidder was cited by

(a) the United States Occupational Safety and Health Administration;

(b) the Virginia Department of Labor and Industry; or

(c) the occupational safety and health plan for any other state; or

2. Three (3) or more serious construction safety violations for which the bidder was cited by the (a)

United States Occupational Safety and Health Administration; or (b) the Virginia Occupational Safety and

Health Administration; or (c) the occupational safety and health plan from any other state.

3. Termination of a contract between the Contractor and the Town by the Procurement Officer or his designee for safety violations.

If the bidder has not received or been the subject of any such violations in the three (3) years prior to the bid submission, then the bidder shall so indicate by certification on the bid form entitled

Certification of Safety Violations. The bidder will also indicate on this form each state in which Work was performed in the three (3) years prior to the bid submission.

B. No Town construction contract, as discussed above, may be bid on by any bidder or contractor who has been the subject of any citations for the type and number of violations listed in aforementioned paragraph A, which have become final within the three (3) years prior to the bid submission.

1. Notwithstanding the language of paragraph B, above, any bidder or contractor who has been the subject of a violation, as described heretofore in paragraph A, which has become final in the three (3) years prior to the bid submission, may bid, after a mandatory twelve (12) months from the date the violation became final, if the bidder or contractor meets the eligibility criteria set forth in paragraph D, below.

2. Notwithstanding the language of paragraph B, above, any bidder or contractor who has been the subject of the type and number of violations as described in paragraph A(2), which have become final within three (3) years prior to bid submission, may bid, after a mandatory waiting period of twelve (12) months from the date the last such violation became final, if the bidder or contractor meets the eligibility criteria in paragraph D, below.

3. Notwithstanding the language of paragraph B, above, any bidder or contractor who has previously been terminated from a Town contract, as described in paragraph A(3), within three (3) years prior to the bid submission, may bid, after a mandatory waiting period of twelve (12) months from the date of termination, if the bidder or contractor meets the eligibility criteria in paragraph D, below.

C. Prior to bidding on a project, under the provisions of paragraph B, above, a Contractor may request that a determination be made by the Town, regarding its eligibility to submit a bid on a contract under the terms of this resolution. However, this request for determination and any subsequent adjudication process must be completed prior to submitting a bid on any project and the request for determination must be received no later than twenty-one (21) days before bids are due unless otherwise stated in the

Advertisement for Bid.

D. The criteria used by the Town in reviewing the corrective action taken by a bidder or Contractor to prevent the recurrence of safety violations shall include but not be limited to the following:

• Does the firm have an established safety program? If so, how long has it been in existence?

• Does the firm incorporate safety and health related issues into their new employee orientation programs?

• Does the firm include work safety as a part of an employee’s performance evaluation?

• To what degree does senior/corporate management support safety related matters? Does the firm have a safety policy statement signed by a member of senior/corporate management?

• Does the firm have a full time Safety Manager? Does this person report to a high level, authoritative position within the Company?

• Are safety inspections conducted at work sites? If so, how often & by whom?

• Are safety training programs conducted for employees? If so, how often and by whom?

• Are safety meetings conducted on site by the firm? If so, how frequently?

• Does the firm have a visibly active safety committee? If so, how often does it meet? Who serves on the committee?

• Is the firm an active member of a recognized construction safety organization in the Washington

Metropolitan area, or in the state of contractor’s domicile?

• What is the firm’s Workers Compensation Experience Modification Factor? Are there any evident trends?

The determination rendered by the Town shall be final unless it is appealed in accordance with the provisions of the solicitation.

E. It shall be a condition of each Town construction contract, as discussed above, that no Contractor or

Subcontractor contracting for any part of the contract Work shall require any laborer, mechanic, or other person employed in the performance of the contract to work in surroundings or under working conditions which are hazardous or unnecessarily dangerous to his safety as determined under construction safety standards promulgated by the U.S. Department of Labor or the Virginia Department of Labor and Industry.

F. No contractor awarded a Town construction contract shall knowingly employ or contract with any person, company, or corporation for services pursuant to that contract if such person, company or corporation could not have been awarded such contract due to the restrictions in paragraph B, above.

3.24. AWARD OF CONTRACT

The Town will make an award on a unit price basis to the lowest responsive and responsible Bidder.

A. If separate bids are received for the same total amount or unit price (including authorized discounts and delivery times) and if the public interest will not permit the delay of re-advertisement for bids, a best and final offer will be requested.

B. The Lowest Bidder is determined by the aggregate amount of the prices set forth in the Bid Form.

C. A Responsive Bidder shall mean a Bidder who has submitted a Bid which conforms, in all material respects, to the Bidding Documents.

D. The ability of the low Bidder to provide the required bonds will not of itself demonstrate responsibility of the Bidder.

E. The Town reserves the right to defer award of this contract for a period of sixty (60) days after the due date of bids. During this period of time, the Bidder shall guarantee the prices quoted in his bid.

3.25. APPEAL OF DETERMINATION OF NONRESPONSIBILITY

A. Any Bidder who, despite being the apparent low bidder, is determined not to be a responsible Bidder for a particular Town contract shall be notified in writing by the Procurement Officer. Such notice shall state the basis for the determination, which shall be final unless the Bidder institutes legal court action within ten (10) days of receipt of the notice.

B. If it is determined by the Courts that the decision of the Procurement Officer, was arbitrary or capricious, or otherwise in error and the award for the particular Town contract in question has not been made, the sole relief available to the Bidder shall be a finding that the Bidder is a responsive or responsible Bidder for the Town contract in question. Where the award has been made and performance has begun, the Town may declare the contract void upon a finding that this action is in its’ best interest. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

3.26. PROTEST OF AWARD OR DECISION TO AWARD

A. Any Bidder or offeror may protest the award or decision to award a contract by submitting a protest in writing to the Procurement Officer or his designee, or other official designated by the Town of Vienna, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first; provided, however, that no protest shall lie for a claim that the selected Bidder or offeror is not a responsible Bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The Procurement Officer shall issue a decision in writing within ten (10) days of the receipt of the protest stating the reasons for the action taken. This decision shall be final unless the Bidder or offeror institutes legal court action in the Town of Vienna within ten (10) days of receipt of the written decision.

B. If prior to award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Procurement Officer or her designee, shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be declared void by the Town. Where the award has been made and performance has begun, the

Procurement Officer or his designee may declare the contract void upon a finding that this action is in the best interest of the Town. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

C. Pending final determination of a protest, the validity of a contract awarded and accepted in good faith in accordance with this article shall not be affected by the fact that a protest or appeal has been filed.

D. An award need not be delayed for the period allowed a Bidder or offeror to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.

3.27. NEGOTIATION WITH LOWEST RESPONSIBLE

INTENTIONALLY OMITTED

3.28. SUBCONTRACTING

If one or more subcontractors are required, the Contractor is encouraged to utilize small, minority-owned, and women-owned business enterprises. Upon contract award, the prime contractor agrees to make maximum effort to provide the names and addresses of each subcontractor, that subcontractor’s status as defined by the Town of Vienna as a small, minority-owned and/or woman- owned business, and the type and dollar value of the subcontracted goods/services provided.

3.29. INTEREST IN MORE THAN ONE BID AND COLLUSION

Multiple bids received in response to a single solicitation from an individual, firm, partnership, corporation, affiliate, or association under the same or different names will be rejected. Reasonable grounds for believing that a bidder is interested in more than one bid for a solicitation both as a bidder and as a subcontractor for another bidder, will result in rejection of all bids in which the bidder is interested. However, a firm acting only as a subcontractor may be included as a subcontractor for two or more bidders submitting a bid for the work. Any or all bids may be rejected if reasonable grounds exist for believing that collusion exists among any bidders. Bidders rejected under the above provisions shall be disqualified if they respond to a re-solicitation for the same work.

3.30. EXPENSES INCURRED IN PREPARING PROPOSAL

The Town accepts no responsibility for any expense incurred by the bidder in the preparation and presentation of a bid, such expenses to be borne exclusively by the bidder.

3.31. NONAPPROPRIATION

All funds for payments by the Town under this Contract are subject to the availability of an annual appropriation for this purpose by the Town Council. In the event of nonappropriation of funds by the

Town Council for the goods or services provided under this Contract or substitutes for such goods or services which are as advanced or more advanced in their technology, the Town will terminate the

Contract, without termination charge or other liability to the Town, on the last day of the then current fiscal year or when the appropriation made for the then current year for the services covered by this

Contract is spent, whichever event occurs first. If funds are not appropriated at any time for the continuation of this Contract, cancellation will be accepted by the Contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the Town shall not be obligated under this Contract beyond the date of termination.

3.32. CONTRACT RENEWAL WITH PRICE ADJUSTMENTS NEGOTIATED UP TO CPI-U

N/A

3.33. COOPERATIVE PROCUREMENT

N/A

3.34. MODIFICATION OF CONTRACT

The Town may, upon mutual agreement with the contractor, issue written modifications to the scope of work of this contract, and within the general scope thereof, except that no modifications can be made which will result in an increase of the original contract price by a cumulative amount of more than

$50,000.00 or 25% whichever is greater, without the advance written approval of the Mayor and

Council. (Section 2.2-4309 of Virginia Public Procurement Act).

Should it become necessary for the best interest of the Town to make modifications, the same shall be covered by change order. The Contractor shall not begin work on any alteration requiring a change order until the written agreement, setting forth the changes/modifications, has been executed by the

Town and the Contractor.

If a satisfactory agreement cannot be mutually agreed to for any item requiring a change order, the

Town reserves the right to terminate the contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the work.

The Town may, in writing, omit from the work any item, other than major items, found unnecessary to the project and such omission shall not be a waiver of any condition of the contract nor invalidate any of the provisions thereof. Major items may be omitted by change order.

The Contractor shall be paid for all work done toward the completion of the item prior to such cancellation, alteration or suspension of the work by the Town.

A major item shall be construed to be any item, the total cost of which is equal to or greater than ten percent (10%) of the total; contract amount for each separate alternate, computed on the basis of the proposed quantity and the contract unit price.

3.35. INSURANCE

The Contractor shall provide the Procurement Officer with a Certificate of Insurance PRIOR to the start of any work under the contract and agrees to maintain such insurance until the completion of the contract. The minimum limits of liability shall be:

Workers' Compensation -- Standard Virginia Workers' Compensation Policy Broad Form Comprehensive

General Liability--$2,000,000.00.

Combined Single Limit coverage to include:

Premises - Operations; Products/Completed Operations; Contractual; Independent Contractors; Towns and Contractors

Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.) Automobile Liability--

$500,000.00 Combined Single Limit.

The Town of Vienna, Virginia is to be named as an additional insured and this is to be so noted on

Certificate of Insurance.

The policy shall be delivered to the Town of Vienna PRIOR to the commencement of any work.

A thirty (30) day written notice of cancellation or non-renewal shall be furnished by certified mail to the

Procurement Officer at the address indicated on the solicitation.

My signature on this solicitation constitutes certification that, if I am awarded the contract, I shall obtain the required coverage as specified herein within ten (10) days of notification of award.

3.36. HOLD HARMLESS CLAUSE

Bids shall provide for the contractor holding harmless the Town of Vienna and representatives thereof from all suits, actions, or claims of any kind brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding contact work, or on account of any act or omission by the contractor or its employees, or from any claim or amounts arising or recovered under any law, bylaw, ordinance, regulation or decree.

3.37. LAWS AND REGULATIONS

The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work.

The Contractors and Subcontractors shall comply with the Virginia Contractor's Registration Law, Title

54.1, Chapter 11, Code of Virginia (1950), as amended.

All non-resident Contractors and Subcontractors submitting bids on the work described herein shall register with the Department of Labor and Industry under the provisions of Subsection 40.1-30 of the

Code of Virginia (1950), as amended.

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