830910roadArl.pdf

ITB No. N1455 Page 1

ARLINGTON COUNTY, VIRGINIA

OFFICE OF THE PURCHASING AGENT

2100 CLARENDON BOULEVARD, SUITE 500

ARLINGTON, VA 22201

(703) 228-3410

INVITATION TO BID NO. N1455

ELECTRONIC SEALED BIDS WILL BE RECEIVED BY ARLINGTON COUNTY VIA PRISM+ UNTIL 12:00 P.M.

ON THE 24TH DAY OF JULY 2026 FOR:

TRAFFIC CALMING DEVICES AND ON-CALL UTILITY PATCHING

NO RESPONSES WILL BE ACCEPTED AFTER THE BID DUE DATE AND TIME.

VENDORS ARE REQUIRED TO REGISTER IN PRISM+, ARLINGTON COUNTY’S ePROCUREMENT SYSTEM, AS FOLLOWS:

• NEW VENDORS ARE REQUIRED TO COMPLETE A NEW REGISTRATION. AS A PART OF NEW SUPPLIER

REGISTRATION, IT IS IMPORTANT TO SELECT THE PRODUCTS AND SERVICES RELEVANT TO YOUR

ACCOUNT.

• EXISTING VENDORS ARE REQUIRED TO LOG INTO THEIR ENABLED ACCOUNT HERE. TO MAKE

CHANGES TO YOUR PRODUCT AND SERVICE OFFERINGS, PLEASE SUBMIT YOUR REQUEST HERE.

THOUGH REGISTRATION IS NOT REQUIRED TO VIEW COMPETITIVE BID SOLICITATIONS IN PRISM+, REGISTRATION IS REQUIRED TO SUBMIT A RESPONSE, ASK A QUESTION RELATED TO THE COMPETITIVE SEALED BIDDING, AND RECEIVE NOTIFICATIONS OF FUTURE CONTRACTING OPPORTUNITIES FROM

ARLINGTON COUNTY.

The County will conduct a virtual bid opening via Microsoft Teams Application (APP). Bidders interested in viewing the public bid opening must download the APP and join the meeting via the Microsoft Teams APP and enable audio, video or both. The link to join the virtual bid opening is provided below:

Join Microsoft Teams Meeting +1 347-973-6905,,142828194# United States, New York City (Toll)

Conference ID: 142 828 194# Meeting ID: 245 076 315 289 424

Passcode: xf62ac9T

Bid Surety in the amount of not less than 5% of the bid must be submitted with the bid. Performance and Payment Bonds in the amount of 100% of the award will be required of the successful bidder.

https://fa-exkk-saasfaprod1.fa.ocs.oraclecloud.com/fscmUI/faces/NegotiationAbstracts?prcBuId=300000009743672&_afrLoop=14301948248763335&_afrWindowMode=0&_afrWindowId=null&_adf.ctrl-state=5or86ikyg_1&_afrFS=16&_afrMT=screen&_afrMFW=1504&_afrMFH=915&_afrMFDW=1504&_afrMFDH=1003&_afrMFC=8&_afrMFCI=0&_afrMFM=0&_afrMFR=144&_afrMFG=0&_afrMFS=0&_afrMFO=0 https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffa-exkk-saasfaprod1.fa.ocs.oraclecloud.com%2FfscmUI%2Fredwood%2Fsupplier-registration%2Fregister-supplier%2Fregister-supplier-verification%3Fid%3DRBAftsyLsxSthoDqyfAnzfehRnTK0SFy3Lx4mg8FNL22rWJ%252FZ8sUGRoTNQ%253D%253D&data=05%7C02%7Clalexander%40arlingtonva.us%7Cde2fad2841704c609bb608dd4dd5f468%7C803548041fdf428e9f5f5091e994cf54%7C0%7C0%7C638752303541450466%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=6e8v7qravz6alsbuEcEY0kSxFqjz%2FZEy8JQ3%2F9PcHh8%3D&reserved=0 https://login-exkk-saasfaprod1.fa.ocs.oraclecloud.com/ https://egov.arlingtonva.us/TicketGeneration/Tickets/SupplierTechTicket https://teams.microsoft.com/meet/245076315289424?p=YOeM5Lz9Pf4BLTRbH9 tel:+13479736905,,142828194

ITB No. N1455 Page 2

PREBID CONFERENCE

A virtual prebid conference will be held at 12:00 p.m., July 6, 2026 on Microsoft Teams to allow potential Bidders an opportunity to obtain clarification of the specifications and requirements of the solicitation.

To join the meeting, please click the following link Prebid Conference, or join by dialing +1 347-973- 6905,,695744831# and enter Conference ID 695 744 831#. ATTENDANCE AT THE PREBID CONFERENCE IS OPTIONAL. Minutes of the prebid conference will be recorded by the County and may be incorporated into the solicitation documents through an Addendum. Interested Bidders are, however, urged to attend.

Arlington County reserves the right to reject any and all bids, cancel this solicitation, and to waive any informalities or irregularities in procedure. A bidder’s submission of a bid indicates acceptance of these terms.

Arlington County, Virginia Office of the Purchasing Agent

Antonino Mautino Aguirre, VCA

Buyer amautino@arlingtonva.us

NOTICE: ANY BIDDER ORGANIZED AS A STOCK OR NONSTOCK CORPORATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, OR LIMITED PARTNERSHIP OR REGISTERED AS A LIMITED LIABILITY

PARTNERSHIP MUST BE AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF

VIRGINIA BEFORE CONTRACT AWARD (REFER TO AUTHORITY TO TRANSACT BUSINESS SECTION IN

THE SOLICITATION FOR FURTHER INFORMATION)

https://teams.microsoft.com/meet/25944692273380?p=rEdbjsDP5XNFNEjCLY tel:+13479736905,,695744831 tel:+13479736905,,695744831 mailto:amautino@arlingtonva.us

ITB No. N1455 Page 3

TABLE OF CONTENTS

I. INFORMATION FOR BIDDERS

II. AGREEMENT AND CONTRACT TERMS AND CONDITIONS

EXHIBIT C – VIRGINIA OF LABOR AND INDUSTRY WAGE DETERMINATION DECISION

EXHIBIT E – CONTRACTOR PERFORMANCE EVALUATION FORM

III. ARLINGTON COUNTY CONSTRUCTION GENERAL CONDITIONS

IV. INSURANCE REQUIREMENTS

V. ATTACHMENTS AND FORMS

B I D F O R M

ESCROW AGREEMENT

ATTACHMENT A - PRICING SHEET

ATTACHMENT B - SPECIAL CONDITIONS

ATTACHMENT C - SUPPLEMENTAL SPECIFICATIONS

ITB No. N1455 Page 4

I. INFORMATION FOR BIDDERS

1. QUESTIONS AND ADDENDA

BIDDERS MUST BE REGISTERED IN PRISM+ TO SUBMIT A QUESTION FOR THIS INVITATION TO BID.

All communications relating to this solicitation must be submitted online using the Messages button in the upper right menu bar of PRISM+. Prior to the award of a contract resulting from this solicitation, Bidders are prohibited from contacting any County staff other than those assigned to the Office of the Purchasing Agent.

QUESTIONS REGARDING THE ORIGINAL SOLICITATION MUST BE SUBMITTED BY JULY 10, 2026, AT 12:00 P.M. EASTERN TIME TO BE CONSIDERED. ALL QUESTIONS RECEIVED BY THE QUESTION DEADLINE WILL

BE RESPONDED TO WITHIN PRISM+ AND POSTED FOR ALL BIDDERS.

Any revisions to this solicitation will be by formal addendum only. Bidders are cautioned not to rely on any written, electronic, or oral representations made by any County representative or other person, including the County’s technical contact, that appear to change any portion of the solicitation, unless the change is ratified by an electronic updated version to this solicitation issued by the Office of the Purchasing Agent.

If the County issues an addendum after a Bidder submits a bid, the Bidder must acknowledge the addendum in PRISM+ and resubmit the bid. The Bidder must take these steps after each addendum if the County issues more than one in the course of a solicitation. If the Bidder does not take these steps, the County will no longer see or consider the Bidder’s original bid. The County is not responsible for missed PRISM+ acknowledgments or the Bidder’s failure to acknowledge the addendum or resubmit a bid.

2. INTEREST IN MORE THAN ONE BID AND COLLUSION

Reasonable grounds for believing that a Bidder is interested in more than one bid for a solicitation, including both as a Bidder and as a subcontractor for another Bidder, or that collusion exists between two or more Bidders, will result in rejection of all affected bids. However, an individual or entity acting only as a subcontractor may be included as a subcontractor on bids of two or more different Bidders. Bidders rejected under the above provision will also be disqualified if they respond to a re-solicitation for the same work.

3. TRADE SECRETS OR PROPRIETARY INFORMATION

Trade secrets or proprietary information that a Bidder submits in connection with a procurement transaction may be exempted from public disclosure under the Virginia Freedom of Information Act (“VFOIA”). However, the Bidder must invoke VFOIA protection clearly and in writing with its response to this solicitation. The written request must be included with the Bidder’s original bid and must include at least the following: (1) the data or other materials sought to be protected and (2) specific reasons why the Bidder considers the material confidential or proprietary. It is the Bidder’s sole responsibility to defend such exemptions if challenged in a court of competent jurisdiction.

4. DEBARMENT STATUS

The Bidder must indicate on the Bid Form whether it or any of its principals is currently debarred, enjoined, or suspended from submitting bids to the County or to any other state or political subdivision and whether the Bidder is an agent of any person or entity that is currently debarred, enjoined or suspended from https://fa-exkk-saasfaprod1.fa.ocs.oraclecloud.com/fscmUI/faces/NegotiationAbstracts?prcBuId=300000009743672&_afrLoop=14301948248763335&_afrWindowMode=0&_afrWindowId=null&_adf.ctrl-state=5or86ikyg_1&_afrFS=16&_afrMT=screen&_afrMFW=1504&_afrMFH=915&_afrMFDW=1504&_afrMFDH=1003&_afrMFC=8&_afrMFCI=0&_afrMFM=0&_afrMFR=144&_afrMFG=0&_afrMFS=0&_afrMFO=0

ITB No. N1455 Page 5 submitting bids to the County or to any other state or political subdivision. An affirmative response may be considered grounds for rejection of the bid.

5. AUTHORITY TO TRANSACT BUSINESS

Any Bidder organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership must be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law. The proper and full legal name of the entity and the identification number issued to the Bidder by the Virginia State Corporation Commission must be included on the Bid Form. Any Bidder that is not required to be authorized to transact business in the Commonwealth must include in its bid a statement describing why the Bidder is not required to be so authorized. The County may require a Bidder to provide documentation that 1) clearly identifies the complete name and legal form of the entity and 2) establishes that the entity is authorized by the State Corporation Commission to transact business in the Commonwealth of Virginia. Failure of a Bidder to provide such documentation will be a ground for rejection of the bid or cancellation of any award. For further information refer to the Commonwealth of Virginia State Corporation Commission website at: www.scc.virginia.gov.

The County reserves the right to waive this requirement at any time, for any reason.

6. ARLINGTON COUNTY BUSINESS LICENSES

The successful Bidder must comply with the provisions of Chapter 11 (“Licenses”) of the Arlington County Code, if applicable. For information on the provisions of that Chapter and its applicability to this solicitation, contact the Arlington County Business License Division, Office of the Commissioner of the Revenue, at 2100 Clarendon Blvd., Suite 200, Arlington, Virginia, 22201, tel. (703) 228-3060, or e-mail business@arlingtonva.us.

7. VIRGINIA CONTRACTOR LICENSE

For all work that is classified as being performed by "Contractors" as defined by the Virginia State Board for Contractors, a Class A, B, or C License is required.

If a contract for performing or managing construction, removal, repair or improvements is for $120,000 or more, or if the total value of all such construction, removal, repair, or improvements undertaken by the bidder within any twelve-month period is $750,000 or more, the bidder is required under Title 54.1, Chapter 11, Code of Virginia, as amended, to be licensed as a "CLASS A CONTRACTOR."

If a contract for performing or managing construction, removal, repair or improvements is for $10,000 or more, but less than $120,000, or if the total value of all such construction, removal, repair, or improvements undertaken by the bidder within any twelve-month period is $150,000 or more, but less than $750,000, the bidder is required under Title 54.1, Chapter 11, Code of Virginia, as amended, to be licensed as a "CLASS B CONTRACTOR."

If a contract for performing construction, removal, repair or improvements is for $1,000 or more, but no more than $10,000 or if the total value of all such construction, removal, repair, or improvements undertaken by the bidder within any twelve-month period is less than $150,000, the bidder is required under Title 54.1, Chapter 11, Code of Virginia, as amended, to be licensed as a "CLASS C CONTRACTOR."

Class C contractors shall not include electrical, plumbing, and heating, ventilation and air conditioning contractors.

http://www.scc.virginia.gov/ mailto:business@arlingtonva.us

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For further information, contact the State Board for Contractors, 2 South Ninth Street, Richmond, VA 23219, (804) 367-8511.

8. ESTIMATED QUANTITIES/NON-EXCLUSIVITY OF CONTRACTOR

The contract that will result from this solicitation will not obligate the County to purchase a specific quantity of items or services during the Contract Term. Any quantities that are included in the contract documents are the present expectations the County for the period of the contract, and the County is under no obligation to buy that, or any, amount as a result of having provided this estimate or of having had any normal or otherwise measurable requirement in the past. The County may require more goods and/or services than the estimated annual amount, and any such additional quantities will not give rise to any claim for compensation other than at the unit prices and/or rates specified in the contract.

The items or services covered by this contract may be or become available under other County contract(s), and the County may determine that it is in its best interest to procure the items or services through such other contract(s). The County does not guarantee that the selected contractor will be the exclusive provider of the goods or services covered by the resulting contract.

9. PREVAILING WAGE CONTRACT FOR CONSTRUCTION SERVICES

This solicitation and the resulting contract are subject to Prevailing Wage provisions covered under Article 4-104 of the Arlington County Purchasing Resolution. All employees of any contractor or any subcontractor working on the contract shall be paid wages, salaries, benefits, and other remuneration at or above the craft or trade category prevailing wage rate indicated by Virginia Commissioner of Labor and Industry (DOLI) and as listed in the contract. The County will request from DOLI a wage determination at bid posting and a final wage determination at contract award. If the final wage determination changes at contract award, the Bidder shall submit their revised bid pricing to comply with the final wage determination from DOLI. By submitting a response to the solicitation, the Bidder certifies that it will comply with this provision and will ensure that its subcontractors, if any, also comply with the prevailing wage provisions. (Refer to draft Contract Terms and Conditions for further Prevailing Wage details specific to this solicitation/contract.)

10. BID FORM SUBMISSION

The submitted Bid Form must be fully executed. A bid may be rejected if the Bid Form is not signed in the designated space by a person authorized to legally bind the Bidder.

The Bidder name on the electronic bid submittal shall be the same as the Contractor/Vendor name on the uploaded W9 Form and the registration in PRISM+ to be considered a valid response.

ONLY ELECTRONIC SUBMISSION IS ALLOWED. NO BID SUBMITTED VIA MEANS OTHER THAN PRISM+

ELECTRONIC UPLOAD WILL BE ACCEPTED.

The bid must be submitted no later than the date and time specified in this solicitation. The PRISM+ system will not accept bids after the close date and time. Timely submission is the sole responsibility of the Bidder.

Arlington County is not responsible for late submissions, missed Addendums, or questions not submitted before the last date and time to submit.

Bids and all documents uploaded/submitted to Arlington County by a Bidder become the property of the County upon receipt.

ITB No. N1455 Page 7

The County may reject any bid that modifies or supplements the solicitation requirements; however, Arlington County reserves the right to decide, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to bid acceptance, Arlington County may request the Bidder to withdraw or modify any such modifications or additions, if it does not affect quality, quantity, price, or delivery.

11. BIDDER CERTIFICATION

Submission of a signed Bid Form is certification by the respective bidder that it is registered with the Virginia State Corporation Commission (SCC), if applicable, it is the legal entity authorized to enter into an agreement with the County, and that it will accept any award made to it as a result of the submission.

Entry of a Bidder’s SCC number may be required at Vendor Registration.

12. ERRORS IN EXTENSION

If the unit price and the extension price differ, the unit price will prevail.

13. EXCEPTIONS

Conditional or qualified bids containing exceptions, unless specifically allowed in the solicitation, are subject to rejection in whole or in part as nonresponsive.

14. NONCONFORMING TERMS AND CONDITIONS

If a bid contains alternate terms and conditions that do not conform to the terms and conditions in this solicitation, the bid will be subject to rejection for nonresponsiveness. The County reserves the right to permit a bidder to withdraw nonconforming terms and conditions from its bid prior to the County’s determination of nonresponsiveness.

15. BIDDERS’ RESPONSIBILITY TO INVESTIGATE

Before submitting a bid, each bidder must make all investigations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by the County upon which the bidder will rely. No pleas of ignorance of such conditions and requirements will relieve the successful bidder from its obligation to comply in every detail with all provisions and requirements of the contract or will be accepted as a basis for any claim for any monetary consideration on the part of the successful bidder.

16. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

Each bidder is responsible for ascertaining the nature and locations of the Work of the solicitation, and for investigating the general and local conditions and factors which can affect the work or its cost, including but not limited to:

a. conditions bearing upon transportation, disposal, handling, and storage of materials;

b. the availability of labor, water, electric power, and roads;

c. uncertainties of weather, river stage, tides, or similar physical conditions at the site;

d. the conformation and conditions of the ground; and

e. the character of equipment and facilities needed before and during work performance.

Each bidder is responsible for investigating the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work publicly or otherwise available, as well as from the drawings and specifications made a part of this solicitation.

ITB No. N1455 Page 8

The locations of existing utilities, including underground utilities, which may affect the work are indicated on the drawings or in the specifications insofar as their existence and location were known at the time of preparation of the drawings. However, nothing in these drawings or specifications shall be construed as a guarantee that such utilities are in the location indicated or that they actually exist, or that other utilities are not within the area of operations. The bidder shall make all necessary investigations to determine the existence and locations of such utilities.

The County assumes no responsibility for any conclusions or interpretations made by the bidder based on the information made available by the County. The County assumes no responsibility for any understanding reached or representation made concerning conditions which could affect the work by any of its officers or agents before the execution of the contract, unless that understanding, or representation is expressly stated in the Contract.

17. INCOMPLETE DOCUMENTS

Each bidder is responsible for having determined the accuracy and/or completeness of the solicitation documents upon which it relied in making its bid, and has an affirmative obligation to notify the Arlington County Purchasing Agent immediately upon discovery of an apparent or suspected inaccuracy, error in, or omission of any pages, drawings, sections, or addenda whose omission from the documents was apparent from a reference or page numbering or other indication in the solicitation documents.

If a bidder downloads an electronic version of the solicitation documents, that potential bidder is responsible for determining the accuracy and/or completeness of the electronic documents and ensuring that the electronic documents used in preparing the bid are the most current version of solicitation documents issued by the County.

If the successful bidder proceeds with any activity that may be affected by an inaccuracy, error in, or omission in the solicitation documents of which it is aware but has not notified the Arlington County Purchasing Agent, the bidder hereby agrees to perform any activity described in the missing or incomplete documents at bidder’s sole expense and at no additional cost to Arlington County.

18. ERRONEOUS OR INFEASIBLE REQUIREMENTS

Each bidder is responsible for having determined the feasibility of the work required and shall notify the County Purchasing Agent immediately upon discovery of any apparent erroneous, contradictory, incomplete, or infeasible requirements or directions contained in the Solicitation Documents. If a bidder fails to notify the County of such conditions immediately upon discovery, the bidder assumes all responsibility for any and all work required to satisfy the contract requirements at no additional cost to the County and within the Time for Completion.

19. QUALIFICATION OF BIDDERS

In order to be considered responsible and responsive, Bidders shall have the experience described below, and provide the supporting documentation as instructed.

COMPANY QUALIFICATIONS:

Bidders shall have five (5) continuous years of experience conducting public works infrastructure and installation of traffic devices project. The Bidder’s obtained project experience shall consist of the following:

• Installation of asphalt traffic calming devices such as: Speed Humps, Speed Tables, Speed Cushions and Raised Crosswalks

ITB No. N1455 Page 9

• Full Depth Asphalt Repairs

• Installation of Thermoplastic Permanent Markings along traffic calming devices

Bidders shall provide a list of three (3) similar completed projects as described in the ITB. For each project, Bidders shall list the following information:

• Project Name

• Project description and Bidder’s scope of work within the project

• Project manager’s name, telephone number and email address

• Work starts date, scheduled completion, and actual completion date

• Initial contract cost and final contract cost

The experience of the contractor owner(s) may be imputed to a newly formed company / Contractor provided the Contractor owner(s) has/have at least five (5) years of demonstrated experience of reliability and meets the criteria set forth herein.

STAFFING QUALIFICATIONS:

The Superintendent assigned to this work shall have at least five (5) years of experience in overseeing projects of similar type and size. Bidder shall submit resume of the proposed Forman with their Bids.

In addition, the Purchasing Agent may require a bidder to demonstrate that it has the necessary facilities, ability, and financial resources to comply with the contract and furnish the service, material or goods specified herein in a satisfactory manner before the award of any contract. A bidder may also be required to provide past history and references. Failure to qualify according to the foregoing requirements will result in bid rejection.

20. ALTERNATE BID

Bidders who have other items they wish to offer in lieu of, or in addition to, what is required by this solicitation shall submit a separate bid clearly marked “ALTERNATE BID”. Alternate bids will be automatically deemed nonresponsive.

21. INFORMALITIES

The County reserves the right to waive minor defects or variations from the exact requirements of the solicitation in a bid insofar as those defects or variations do not affect the price, quality, quantity, or delivery schedule of the services being procured. If insufficient information is submitted for Arlington County to properly evaluate a bid or a bidder; the County may request such additional information after bid opening, provided that the information requested does not change the price, quality, quantity, or delivery schedule for the services being procured.

22. NEW MATERIAL

Unless otherwise provided for in this solicitation, all goods, materials, supplies, or components offered to the County under this bid solicitation must be new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If a bidder believes that furnishing used or reconditioned goods, materials, supplies or components will be in the County's interest, the bidder shall notify the County Purchasing Agent in writing no later than fifteen (15) calendar days prior to the date set for opening of bids. The notice shall include the reasons for the request and any

ITB No. N1455 Page 10 benefits which may accrue to the County if the Purchasing Agent authorizes the bidding of used or reconditioned goods, materials, supplies or components.

23. BID WITHDRAWAL PRIOR TO BID OPENING

The Bidder may withdraw a bid from PRISM+ before the opening date and time. It is the sole responsibility of the Bidder to remove and/or resubmit a bid before the bid deadline.

24. WITHDRAWAL OF BID FROM CONSIDERATION AFTER BID OPENING

After the opening of a bid, a bidder may withdraw its bid from consideration if the price of the bid is substantially lower than other bids due solely to a mistake therein, provided the bid is submitted in good faith, the mistake is a clerical mistake as opposed to a judgment mistake, and is 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 the bid, which unintentional 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. No partial withdrawals of bids will be permitted after the time and date set for the bid opening. The bidder must give an electronic written notice to the Arlington County Purchasing Agent of a claim of right to withdraw a bid and provide all work papers, documents and other materials used in the preparation of the bid sought to be withdrawn, within two (2) business days after the date of bid opening. A bid may also be withdrawn if the County fails to award or issue a notice of intent to award the bid within ninety (90) days after the date fixed for opening bids.

25. METHOD OF AWARD

The County will award to the lowest responsive and responsible bidder meeting the experience requirements. The lowest bidder will be determined by the Grand Total Bid Price on Attachment A – Pricing Sheet.

26. NOTICE OF DECISION TO AWARD

When the County has made a decision to award a contract(s), the County will post a Notice of Award or Intent to Award to the Arlington County’s Purchasing Division’s website.

27. INSURANCE REQUIREMENTS

Each bidder must be able to demonstrate proof of the specific coverage requirements and limits applicable to this solicitation. If the bidder is not able to do so, it may propose alternate insurance coverage for consideration by the County. Written requests for consideration of alternate coverage must be received by the County Purchasing Agent at least 10 working days prior to bid due date. If the County permits alternate coverage, an amendment to the Insurance Checklist will be issued prior to the time and date set for receipt of bids.

28. SURETY REQUIRED

Companies who wish to implement digital signatures may do so, along with a SURETY BOND SEAL ADDENDUM which contains an electronic corporate seal and states the following:

[Surety Company] has authorized its Attorney-in-Fact to affix [Surety Company’s] corporate seal to any bond executed on behalf of [Surety Company] by any such Attorney-in-Fact by attaching this Addendum to said bond.

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To the extent this Addendum is attached to a bond that is executed on behalf of [Surety Company] by its Attorney-in-Facts, [Surety Company\ hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond.

A. BID SURETY:

A fully completed and properly executed original Bid Bond, cashier's check, certified check, money order, or cash escrow in the amount of 5% of the amount of the bid made payable to the Treasurer of Arlington County shall accompany each bid. The Bid Surety will be retained until after the award to the successful bidder. The Bid Surety of the successful bidder will be retained until completion of the Contract or the posting of a Performance Bond, whichever occurs sooner. A bid submitted without a proper bid surety will be rejected.

B. FAILURE TO EXECUTE:

The failure of a bidder to accept an award and file acceptable Performance and Payment Bonds within ten (10) days after award notice will cause cancellation of the award and the forfeiture of the Bid Surety to the County.

C. PERFORMANCE SURETY:

A fully completed and properly executed original Performance Bond in the amount of 100% of the amount of the bid will be required of the successful bidder to ensure satisfactory completion of the work. The bond shall be a corporate surety bond issued by a surety company authorized to do business in the Commonwealth of Virginia and acceptable to the County. Where applicable, the Performance Bond shall be renewable annually in the original amount through the completion of the Contract, including all warranty and guarantee periods.

D. PAYMENT BOND:

A fully completed and properly executed original Payment Bond in the amount of 100% of the amount of the bid, will be required of the successful bidder to ensure payment of all persons who have and fulfill contracts for the Contractor for performing labor, providing equipment, or providing material in the performance of the work provided for in the Contract. The Bond shall be a corporate surety bond issued by a surety company authorized to do business in the Commonwealth of Virginia and acceptable to the County. Where applicable, the Payment Bond shall be renewable annually in the original amount for the duration of the Contract.

29. EXECUTION OF CONTRACT

Within three days after the Contract is presented to the successful Bidder for signature, the Contractor must submit to the County Purchasing Agent the original of the executed Agreement. Within ten days the Contractor must submit executed performance and payment bonds and required certificate of insurance.

Failure to do so shall constitute a default, and the County may award the Contract to the next lowest responsive and responsible bidder or solicit new bids. The County may then charge against the Contractor the difference between the amount of the Contract award and the amount for which a Contract is subsequently executed, up to the total amount of the Contractor's bid security.

30. EXPENSES INCURRED IN PREPARING BID

All expenses related to a bid are the sole responsibility of the bidder.

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31. OPTIONAL ESCROW AGREEMENT

The successful bidder may elect to utilize an escrow account for deposit of the retainage funds pursuant to § 2.2-4334 of the Code of Virginia. The bidder must indicate on the Bid Form whether it elects the escrow account procedure.

32. NEGOTIATIONS WITH LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

If the bid by the lowest responsive and responsible bidder exceeds available funds, the County reserves the right to negotiate with the apparent low bidder to obtain an acceptable price. Negotiations with the apparent low bidder may involve discussions of reduction of quantity, quality, or other cost saving mechanisms. The final negotiated contract shall be subject to final approval of the County, in its sole discretion.

33. ELECTRONIC SIGNATURE

If awarded, the Bidder may be required to accept an agreement and sign electronically through the County's e-signature solution, DocuSign.

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FOLLOWING THIS PAGE IS THE AGREEMENT THAT WILL BE ENTERED INTO BETWEEN THE COUNTY AND THE CONTRACTOR. THE AGREEMENT IS PART OF THIS SOLICITATION. THIS AGREEMENT IS

SUBJECT TO REVIEW BY THE COUNTY ATTORNEY PRIOR TO BEING SUBMITTED FOR CONTRACTOR'S

SIGNATURE.

ITB No. N1455 Page 14

II. AGREEMENT AND CONTRACT TERMS AND CONDITIONS

ARLINGTON COUNTY, VIRGINIA

OFFICE OF THE PURCHASING AGENT

SUITE 500, 2100 CLARENDON BOULEVARD

ARLINGTON, VA 22201

AGREEMENT NO.

THIS AGREEMENT is made, on the date of execution by the County, between ____Contractor’s name__ (“Contractor”), a name of state jurisdiction listed on SCC check______ type of entity (i.e., corporation) , authorized to do business in the Commonwealth of Virginia with a place of business at ___address______, and the County Board of Arlington County, Virginia (“County”). The County and the Contractor, for the consideration hereinafter specified, agree as follows:

1. CONTRACT DOCUMENTS

The Contract Documents consist of:

• Agreement No. ______, and all modifications properly incorporated into the Agreement

• Exhibit A – Arlington County Invitation to Bid No. N1455, including DES General Conditions, Special

Conditions, and Supplementary Specifications

• Exhibit B – Virginia Department Of Labor And Industry Wage Determination Decision

• Exhibit C – Price Bid of Contractor

• Exhibit D – Special Conditions H-3.8 Vertical Speed Control Devices

• Exhibit E – Supplemental Specifications

• Exhibit F – Contractor Performance Evaluation Form

Where the terms and provisions of this Agreement vary from the terms and provisions of the other Contract Documents, the terms and provisions of this Agreement will prevail over the other Contract Documents, and the remaining Contract Documents will be complementary to each other. If there are any conflicts, the most stringent terms or provisions will prevail.

The Contract Documents set forth the entire agreement between the County and the Contractor. The County and the Contractor agree that no representative or agent of either party has made any representation or promise with respect to the parties’ agreement that is not contained in the Contract Documents. The Contract Documents may be referred to below as the “Contract” or the “Agreement”.

2. SCOPE OF WORK

The Contractor will furnish all labor, materials, and equipment for the construction of Traffic Calming Devices and Utility Patching (the “Project”) and all other work shown, described, and required by the Contract Documents (hereinafter “the Work”).

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The Work shall be performed according to the standards established by the Contract Documents read together as a single specification. It shall be the Contractor's responsibility, at solely the Contractor's cost, to provide sufficient services to fulfill the purposes of the Work. Nothing in the Contract Documents shall be construed to limit the Contractor's responsibility to manage the details and execution of its Work.

3. PROJECT OFFICER

The performance of the Contractor is subject to the review and approval of the County Project Officer identified in Section 53, Notices, unless the Contractor is otherwise notified in writing.

4. CONTRACT TERM

The term of this Agreement will commence on _____ __, 20__ and shall be completed no later than___________20 _OR_______________ consecutive calendar months from the day of execution of the contract by the County (“Initial Contract Term”), subject to any written modifications as provided for in the Contract Documents. Upon completion of the Initial Term, County and Contractor may agree, through bilateral execution of a Notice of Renewal, continued operations of the Contractor for not more than _________________ additional twelve (12) month periods from ____________, 20____ to ____________, 20____ (each a "Subsequent Contract Term"). The Initial Contract Term and any Subsequent Contract Term(s) are together the “Contract Term”.

5. TIME FOR COMPLETION

County will assign work under this contract through issuance of Task Orders. Prior to each Task Order being issued, County and Contractor will discuss the scope of the Task Order and determine a mutually agreeable Final Completion date for that Task Order. The Project Officer will indicate such date in the Notice to Proceed. The Contractor shall complete each Task Order by the Final Completion date. Work will not reach Final Completion until it meets the requirements set forth in the General Conditions.

Completion will be determined by the inspection and acceptance of the Work by the Project Officer.

Unless otherwise provided, no claims for early completion are allowed.

6. CONTRACT PRICE ADJUSTMENTS

The Contract Amount/unit price(s) will remain firm until ___________________________ (“Price Adjustment Date”). To request a price adjustment, the Contractor or the County must submit a written request to the other party not less than 90 days before the Price Adjustment Date. Adjustments to the Contract Amount/unit price(s) will not exceed the percentage of change in the U.S. Department of Labor Consumer Price Index, All Items, Unadjusted, Urban Areas (“CPI-U”) for the 12 months of statistics available at the time of the Contract’s renewal.

Any Contract Amount/unit price(s) that result from this provision will become effective the day after the Price Adjustment Date and will be binding for 12 months. The new Price Adjustment Date will be 12 months after the price adjustment.

If the Contractor and the County have not agreed on a requested adjustment by 30 days before the Price Adjustment Date, the County may not renew the Contract, whether or not the County has previously elected to renew the Contract’s term.

7. PROGRESS PAYMENTS AND RETAINAGE

The County will make monthly progress payments to the Contractor upon written application by the Contractor and based on a written estimate of the work performed during the preceding calendar month, ITB No. N1455 Page 16 as approved by the Project Officer. The County will retain 5% of each progress payment until Final Completion and acceptance of all Work covered by the Agreement. If the Contractor elects to the use the escrow procedures for retainage amounts, the County will transfer the funds to the Contractor’s escrow account in accordance with the payment terms below.

All material and work covered by partial payments will become the property solely of the County at the time the partial payment is made. However, the Contractor will have the sole responsibility, care and custody for all materials and Work upon which payments have been made until Substantial Completion.

When calculating payment for materials on-site, the County will not pay for materials that are not scheduled for incorporation into the Work within 60 days from the date of application for payment.

8. PAYMENT TERMS

The Contractor must submit invoices to the County’s Project Officer, who will either approve the invoice or require corrections. The County will pay the Contractor 45 days after approval of an invoice for completed work which is reasonable and allocable to the Contract. All payments will be made from the County to the Contractor via ACH. The number of the County Purchase Order pursuant to work has been performed must appear on all invoices.

The Contractor also must submit to the County’s Project Officer its W-9 Form, which will include its Federal Employer Identification Number (“FEIN”) or Social Security Number (“SSN”), whichever is applicable, before the County can process payment to the Contractor under the Contract.

9. PAYMENT OF SUBCONTRACTORS

The Contractor is wholly responsible for the entire amount owed to any subcontractor with which the Contractor contracts in the performance of this Agreement, regardless of whether the Contractor has received payment from the County.

If the Contractor has not received payment from the County for work completed by a subcontractor under this Contract, the Contractor must pay the subcontractor within 60 days of receipt of an invoice from the subcontractor following satisfactory completion of the work. The Contractor is not liable for amounts that are not owed as a result of the subcontractor’s noncompliance with the terms of the Contract, in which case the Contractor must notify the subcontractor, in writing within 50 days of receipt of an invoice from the subcontractor for the work, of its intention to withhold payment, in full or in part, and the reason for doing so. The notice must specify the contractual noncompliance, the dollar amount being withheld and the lower-tier subcontractor responsible for the contractual noncompliance, if applicable.

The Contractor is obligated to take one of the two following actions within seven days after receipt of payment by the County for work performed by any subcontractor under this Contract:

a. Pay the subcontractor for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor under this Contract; or

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

The Contractor is obligated to pay interest to the subcontractor on all amounts owed by the Contractor to the subcontractor that remain unpaid after seven days following receipt by the Contractor of payment

ITB No. N1455 Page 17 from the County for work performed by the subcontractor under this Contract, except for amounts withheld as allowed in subsection b., above. Unless otherwise provided under the terms of this Contract, interest will accrue at the rate of 1% per month.

The Contractor must include in each of its subcontracts, if any are permitted, a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

The Contractor's obligation to pay an interest charge to a subcontractor pursuant to this section may not be construed to be an obligation of the County. A Contract modification may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.

10. PREVAILING WAGE CONTRACT REQUIREMENTS

A. Section 4-104 of the Arlington County Purchasing Resolution (regarding “Prevailing Wage) applies to this Contract. All employees of the Contractor and any subcontractors shall be paid wages, salaries, benefits, and other remuneration at or above the craft or trade category prevailing wage rate indicated by Virginia Commissioner of Labor and Industry (DOLI) and as listed in the contract.

The Contractor and its subcontractors shall submit all certified payrolls and statements of compliance weekly through the eComply website. If the Contractor or any subcontractor does not have an eComply profile, a one-time registration process immediately following the Notice of Award or Notice of Intent to Award and training on system functionality are required for each non-registered entity. The Contractor shall also be responsible for reviewing subcontractor payrolls and ensuring that contract requirements are met.

In addition to applying the prevailing wage rates to its own employees, the Contractor shall include the provisions of this Article 4-104 in every subcontract so that such provisions will be binding upon each subcontractor. The Contractor agrees to assume the obligation that the wage requirements will be observed in fulfilling the requirements of the Contract. The appropriate enforcement sanctions will be invoked against the Contractor and any such subcontractor in the event of such subcontractor’s failure to comply with any of the provisions of this Article 4- 104.

All wage rates to be used are listed in this Contract in Exhibit B. While DOLI maintains a list of wage determinations online for reference purposes, only the wage determinations made in an official Wage Determination Decision, sent by DOLI to Arlington County, can be used to ascertain the exact rates to be paid for this Contract.

All rates are determined by DOLI and any appeals of specific classification may be made through the Wage Determination Appeal form available at http://www.doli.virginia.gov/wp-content/uploads/2021/04/Appeal-for-Wage-Determination-Clarification.pdf.

B. Upon award of the Contract, the Contractor shall certify, under oath, to the Virginia

Commissioner of Labor and Industry and to the County Prevailing Wage Compliance Manager, the pay scale for each craft and trade to be employed for, or to provide labor for, in the Work https://prod.ecomply.us/Account/Login?ReturnUrl=%2fAgency%2fHome http://www.doli.virginia.gov/wp-content/uploads/2021/04/Appeal-for-Wage-Determination-Clarification.pdf http://www.doli.virginia.gov/wp-content/uploads/2021/04/Appeal-for-Wage-Determination-Clarification.pdf

ITB No. N1455 Page 18 by the Contractor and any subcontractors. The Contractor’s certification shall include all information required by the Code of Virginia § 2.2-4321.3G.

C. The Contractor shall ensure that each individual providing labor as a mechanic, laborer, worker or equivalent shall be accurately classified in confirmation with the Wage Determination.

D. The Contractor shall post the prevailing wage rate for each craft and classification involved as determined by DOLI, including the effective date, in a prominent and easily accessible place at the work site during the time work is being performed. The posting must be in English and any other language that is primarily spoken by the individuals at the work site. Within 10 days of such posting the Contractor shall certify to the County Prevailing Wage Compliance Manager and DOLI its compliance with this subsection at https://www.doli.virginia.gov/wp-content/uploads/2021/04/PW_Posting_Compliance_Form.pdf;

E. The Contractor must fully cooperate with the County Prevailing Wage Compliance Manager to ensure contract compliance requirements ,including but not limited to site visits, wage rate signage, contractor employee interviews, and the submission of certified payroll records.

F. The Contractor must submit to the County Prevailing Wage Compliance Manager and DOLI, within five (5) working days of the end of each month, certification for each craft or trade employed on the project, specifying the total hourly amount paid to employees, including wages and applicable fringe benefits using the Pay Scale Certification Form at https://www.doli.virginia.gov/wp-content/uploads/2021/04/DOLI-Pay-Scale-Certification-for- Public-Works-Projects.pdf. The certification must itemize the amount paid in wages and each applicable benefit and list the names and addresses of any third party fund, plan or program to which benefit payments will be made on behalf of employees.

G. The Contractor shall indemnify and hold harmless the County from any fines, demands, claims, suits, and damages, including attorney’s fees, resulting from the Contractor’s or any subcontractor’s failure to pay the Prevailing Wage.

H. The Contractor and its subcontractors shall keep, maintain, and preserve (i) records relating to the wages paid to and hours worked by each individual performing the work of any mechanic, laborer, or worker; and (ii) a schedule of the occupation or work classification at which each individual performing the work of any mechanic, laborer, or worker on the construction project is employed each work day and week. The Contractor and its subcontractors shall make such records available to the Prevailing Wage Compliance Manager within 10 days of a request or per a regular schedule established in the Contract, and shall certify that records reflect the actual hours worked and the amount paid to its workers for whatever time period is requested.

The Contractor and its subcontractors must preserve these records for a period of six (6) years after the expiration or earlier termination of the applicable contract.

I. Any Contractor or subcontractor who pays any mechanic, laborer, or worker for services under this Contract less than the Prevailing Wage shall be liable to such individuals for the payment of all wages due, plus interest at an annual rate of eight percent (8%) from the dates wages were due; and shall be disqualified from bidding on public contracts with any public body until the Contractor or subcontractor has made full restitution. A willful violation of Article 4-104 is a Class I misdemeanor.

https://www.doli.virginia.gov/wp-content/uploads/2021/04/PW_Posting_Compliance_Form.pdf https://www.doli.virginia.gov/wp-content/uploads/2021/04/PW_Posting_Compliance_Form.pdf https://www.doli.virginia.gov/wp-content/uploads/2021/04/DOLI-Pay-Scale-Certification-for-Public-Works-Projects.pdf https://www.doli.virginia.gov/wp-content/uploads/2021/04/DOLI-Pay-Scale-Certification-for-Public-Works-Projects.pdf

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J. For questions regarding Prevailing Wage, please email prevailingwage@arlingtonva.us.

11. RELEASE AND REQUEST FOR FINAL PAYMENT

In order to receive final payment upon Final Completion of the Project and before Final Acceptance, the Contractor must submit to the Project Officer a signed original notarized copy of the Arlington County Release and Request for Final Payment form per the General Conditions.

12. PERFORMANCE OF WORK BY THE CONTRACTOR

The Contractor shall perform on site, and with its own organization, at least twenty-five percent (25%) of the total direct labor and at least twenty-five percent…