831198roadFchur.pdf

INVITATION FOR BIDS (IFB)

Date: June 30, 2026

IFB NUMBER: 0730-26-BSMI

IFB SUBJECT: BROAD STREET MULTIMODAL IMPROVEMENTS

PASSWORD PROTECTED (SEALED) BIDS TO BE ELECTRONICALLY SUBMITTED

ONLY TO:

James. R. Wise, Purchasing Agent jwise@fallschurchva.gov Phone (703) 248-5007 with copy to purchasing@fallschurchva.gov

DATE AND TIME: by no later than Thursday, July 30, 2026 @ 11:00 a.m. prevailing local time INQUIRIES: All Inquiries including questions, except as otherwise stipulated herein, shall be made in writing and forwarded to the Purchasing Agent, via email to:

jwise@fallschurchva.gov with copy to purchasing@fallschurchva.gov and ylee@fallschurchva.gov by no later than fifteen (15) days prior to the Bid due date.

Wednesday, July 15, 2026 by @ 3:00 p.m.

NON-MANDATORY PRE-BID MEETING via Microsoft Teams:

Thursday, July 9, 2026 at 1 p.m.

(See Section VIII. Non-Mandatory Pre-Bid Meeting)

A SITE VISIT may be scheduled with the City Staff on a separate date and time (TBD).

The City will set the date and time for the SITE VISIT ONLY with those Bidders who submit a request.

Bids which are substantially incomplete or lack key information may be rejected by the City at its discretion. See Section XXVI. Bid Submission Requirements.

ALL REQUIRED ATTACHMENTS MUST BE COMPLETED, SIGNED (Where Applicable) AND RETURNED WITH BID.

DO NOT RETURN THIS ENTIRE IFB DOCUMENT

Additional Documents May Be Requested at a Later Date

SEE IFB SECTION XXVI. BID SUBMISSION REQUIREMENTS AND BID SUBMISSION

CHECKLIST

The City of Falls Church is committed to the letter and spirit of the Americans with Disabilities Act. This document will be made available in alternate format upon request.

Call 703.248.5007 (TTY 711).

The City of Falls Church does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against any Bidder or Offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

mailto:jwise@fallschurchva.gov mailto:purchasing@fallschurchva.gov mailto:jwise@fallschurchva.gov mailto:purchasing@fallschurchva.gov mailto:ylee@fallschurchva.gov

IFB #0730-26-BSMI

BROAD STREET MULTIMODAL IMPROVEMENTS

SECTION PAGE

I. SUBJECT ----------------------------------------------------------------------------------------------------- 4

II. GENERAL ---------------------------------------------------------------------------------------------------- 4

III. COMPETITION INTENDED ------------------------------------------------------------------------------ 5

IV. ELIGIBILITY -------------------------------------------------------------------------------------------------- 5

V. PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA ------------------------ 6

VI. HEALTH AND SAFETY COMPLIANCE -------------------------------------------------------------- 6

VII. RIGHTS OF THE CITY ------------------------------------------------------------------------------------ 7

VIII. NON-MANDATORY VIRTUAL PREBID MEETING/ SITE VISIT ------------------------------- 7

IX. SCOPE OF WORK & REQUIREMENTS ------------------------------------------------------------- 8

X. CONTRACT TERM AND RENEWAL OPTIONS --------------------------------------------------- 8

XI. BID SECURITY – BID BOND ---------------------------------------------------------------------------- 9

XII. CONTRACT SECURITY - PERFORMANCE AND PAYMENT BONDS --------------------- 9

XIII. PRICES ------------------------------------------------------------------------------------------------------- 10

XIV. PROMPT PAYMENT DISCOUNT --------------------------------------------------------------------- 10

XV. PROJECTED REQUIREMENTS/ESTIMATED QUANTITIES: -------------------------------- 10

XVI. SUBCONTRACTORS ------------------------------------------------------------------------------------ 11

XVII. LICENSES & VIRGINIA CONTRACTORS ---------------------------------------------------------- 12

XVIII. CONSTRUCTION SAFETY VIOLATIONS ---------------------------------------------------------- 12

XIX. TRADE SECRETS OR PROPRIETARY INFORMATION --------------------------------------- 13

XX. DEBARMENT/EXCLUSION STATUS ---------------------------------------------------------------- 14

XXI. AMBIGUITY, CONFLICT OR OTHER ERRORS IN THE IFB ---------------------------------- 14

XXII. CONTRACT DOCUMENTS ----------------------------------------------------------------------------- 14

XXIII. CONTRACT DISPUTES --------------------------------------------------------------------------------- 15

XXIV. BID PREPARATION -------------------------------------------------------------------------------------- 15

XXV. BID SUBMISSION COVENANTS --------------------------------------------------------------------- 16

XXVI. BID SUBMISSION REQUIREMENTS ---------------------------------------------------------------- 18

XXVII. PUBLIC BID OPENING ---------------------------------------------------------------------------------- 21

XXVIII. BID EVALUATION/CONTRACT AWARD ---------------------------------------------------------- 21

XXIX. BID MODIFICATION/WITHDRAWAL ---------------------------------------------------------------- 22

XXX. NOTICE /ACCEPTANCE AGREEMENT ------------------------------------------------------------ 23

XXXI. PROTEST OF AWARD OR DECISION TO AWARD -------------------------------------------- 24

XXXII. NOTICE OF AWARD ------------------------------------------------------------------------------------- 24

XXXIII. DOCUMENTATION OF CONTRACTOR PERFORMANCE ISSUES ------------------------ 24

XXXIV. TAX EXEMPTION ----------------------------------------------------------------------------------------- 24

XXXV. ANTI-DISCRIMINATION --------------------------------------------------------------------------------- 24

XXXVI. TRANSPORTATION AND PACKAGING ----------------------------------------------------------- 25

XXXVII. VDOT AND/OR FEDERAL GOVERNMENT CONTRACT REQUIREMENTS ------ 25

XXXVIII. ORDER OF PRECEDENCE ---------------------------------------------------------------------- 26

XXXIX. EQUAL OPPORTUNITY AND SMALL, WOMEN-OWNED, MINORITY-OWNED,

MILITARY FAMILY OWNED, AND SERVICE-DISABLED VETERAN-OWNED BUSINESSAND

EMPLOYMENT SERVICES ORGANIZATIONS PARTICIPATION ------------------------------------ 26

XL. BPOL LICENSE REQUIREMENT --------------------------------------------------------------------- 27

XLI. GENERAL DEFINITIONS, CONDITIONS AND INSTRUCTIONS TO BIDDERS --------- 27

SEE ADDITIONAL ATTACHMENTS:

(Separate pdf documents to be downloaded by all Bidders)

ATTACHMENT A BID SHEET - Excel Spreadsheet format

ATTACHMENT B REQUIRED BID FORMS (B1 – B12)

ATTACHMENT C VDOT & FEDERAL CONTRACT CLAUSES

ATTACHMENT D VDOT REQUIRED FORMS

ATTACHMENT E SPECIAL PROVISIONS

ATTACHMENT F CITY OF FALLS CHURCH - DPW General Provisions for Construction Projects

ATTACHMENT G CITY OF FALLS CHURCH - Tree & Landscape Specifications

ATTACHMENT H CITY OF FALLS CHURCH – Supplementary Specifications for Paving & Related Services

ATTACHMENT I CITY OF FALLS CHURCH – Standard Details

ATTACHMENT J CITY OF FALLS CHURCH – Supplementary Specifications for Traffic Signal & Related Services

ATTACHMENT K Plan Set

ATTACHMENT L CITY OF FALLS CHURCH – Current and Historically Used Streetscape Elements

ATTACHMENT M CITY OF FALLS CHURCH – Streetscape Standards [Amended 2025]

ATTACHMENT N CITY OF FALLS CHURCH – Standard Terms and Conditions [February 2026]

BID SUBMISSION CHECKLIST Recommended for use by all Bidders

I. SUBJECT

A. The City of Falls Church (City) is soliciting competitive bids from licensed, qualified firms/Bidders to construct the Broad Street Multimodal Improvements Project (Project) as is further described herein. The Project shall include improvements on five intersections on West Broad Street between West Street and Virginia Avenue. An awarded Contractor shall, after executing a contract and receiving a Purchase Order, furnish all necessary labor, supervision, equipment, tools, material, transportation and resources necessary to complete the described Project in accordance with the specifications in this Invitation For Bid (IFB) and its attachments.

B. This is a federally funded project. The Contractor shall fully comply with all VDOT and Federal requirements. Refer to Attachment E, Special Provisions for additional details.

• UPC #111483, Federal Project #STP-5B01 (483), State Project #0007-110-197, C501; SmartScale grant funds administered by the Virginia Department of Transportation (VDOT)

C. The Project to be performed under this term contract includes, but is not limited to, such work as is described in Attachment E, Special Provisions, supplemented by all other attachments to the IFB.

D. The term “Contractor” shall mean the firm that has been awarded and executed a contract.

II. GENERAL

A. ACCESS TO IFB: This IFB and any addenda are available on the City’s website: https://fallschurchva.gov/Bids. This solicitation and any associated addenda, or notices thereof, may also be published through eVA, the Commonwealth of Virginia’s electronic procurement portal for registered suppliers (https://eva.virginia.gov).

B. Bidders should note that changes to the IFB, in the form of addenda, are often issued between the IFB issue date and within ten (10) days before the closing of the IFB.

Bidders are solely responsible for checking the City’s Website to ensure that they have the most current information regarding this IFB.

Please note that Bidders may sign up to receive emails or text messages when solicitations are posted and updated on the City’s website. To take advantage of this feature, interested parties may go to https://fallschurchva.gov/Bids and sign up for notifications.

All addenda will become part of any resulting contract and must be signed and submitted with your bid package.

C. Inquiries received by the City at the email addresses in the “INQUIRIES” section of the cover page of this document less than fifteen (15) days before the date set for the opening of Bids will not be given consideration. Any material question or interpretation of a requirement or specification, as determined by the Purchasing Agent, will be expressed in the form of an addendum which will be posted on the City’s website (https://fallschurchva.gov/Bids) no later than ten (10) days before the date set for receipt of bids. If utilized for the initial IFB release, addenda, or https://fallschurchva.gov/Bids https://eva.virginia.gov/ https://fallschurchva.gov/Bids notices thereof, will also be published through eVA (the Commonwealth of Virginia’s e-procurement portal for registered suppliers).

Oral answers will not be authoritative.

D. The City is not liable for any costs incurred by any Bidder in connection with this IFB or any response by any Bidder to this IFB. The expenses incurred by Bidder in the preparation, submission, and presentation of the bid are the sole responsibility of the Bidder and may not be charged to the City.

E. ACCEPTANCE OF BIDS - BINDING SIXTY (60) BUSINESS DAYS: All bids submitted shall be binding for sixty (60) days following solicitation opening date, unless extended by mutual consent of all parties.

F. CONTACT RESTRICTED: Except as otherwise provided herein, no Bidder shall initiate or otherwise have contact with any City representative or employee, other than the Purchasing Agent or Purchasing Agent’s designee, concerning or related to this IFB after the date of this solicitation’s release and before award or cancellation of this IFB except with the foreknowledge and permission of the Purchasing Agent or designee. Any contact in contradiction to this requirement is prohibited and may cause the disqualification of the Bidder from this procurement process.

G. INFORMATION RESTRICTED: All requests to or from a Bidder, potential Bidder or other third party regarding information about this solicitation, including its interpretation, progress and/or award status should be referred directly to the addresses on the cover page of this document. Failure to comply with this requirement may be cause for a Bidder’s disqualification. This restriction does not apply to reasonable and necessary communications with existing or potential subcontractors or partners for the sole purpose of a Bidder’s Bid Package development under this solicitation.

H. This solicitation is being conducted in accordance with the guidelines of the Competitive Sealed Bidding method of contractor selection per the Virginia Public Procurement Act (VPPA) and the City’s Purchasing Resolution both of which are incorporated herein by reference.

III. COMPETITION INTENDED

A. It is the City’s intent that this Invitation for Bids (IFB) permits competition. It shall be the Bidder’s responsibility to advise the Purchasing Agent, in writing, if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such written notification must be received by the Purchasing Agent no later than ten (10) days prior to the date set for the bids to be received. Any such notification shall be sent to the Purchasing Agent’s email address:

jwise@fallschurchva.gov with a copy to purchasing@fallschurchva.gov.

Confirmation of email receipt shall be the responsibility of the notifying Bidder.

B. Nothing herein is intended to exclude any responsible Bidder or in any way restrain or restrict competition. All qualified Bidders are encouraged to submit bids.

IV. ELIGIBILITY

A. The following are minimum requirements for bid submission:

mailto:jwise@fallschurchva.gov mailto:purchasing@fallschurchva.gov

1. The Bidder must submit its Virginia State Corporation Commission (SCC) registration number or justification for exemption. See Section below entitled “Proof of Authority to Transact Business in Virginia.”

2. The Bidder must be currently licensed in accordance with any specific requirements of this solicitation and the Code of Virginia (Licensed Engineer, Contractor’s license, etc.). However, for solicitations involving federal funding, contractor licensing is not required at the time of bid submittal.

It is the Bidder’s sole responsibility to have knowledge of the applicable license (s), if any, associated with this solicitation’s scope of work. Any applicable license(s) shall be maintained during the term of any resultant contract.

B. Any person or firm, or agent of any person or firm, currently suspended, debarred or otherwise excluded (i.e. discontinued, enjoined, inactive, prohibited) from participation in City procurement, or submitting bids or proposals on contracts by any other local government or agency of the Commonwealth of Virginia or the Federal Government, is not eligible for contract award under this solicitation.

C. Any current debarment or exclusion status (Federal, state or local jurisdiction) must be disclosed on the Company Information Form attached to this solicitation.

D. The Bidder represents and warrants that:

1. Bidder is financially solvent and experienced in and competent to perform this type of work.

2. Bidder is familiar with all Federal, State, local laws, ordinances and regulations, which may in any way affect the work of those employed therein, including but not limited to any special acts relating to the work or to the project of which it is a part.

3. Such temporary and permanent work required by the City can be satisfactorily constructed and used for the purpose of which it is intended and that such construction will not injure any person, or damage any property.

V. PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

A. A firm organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid the identification number issued to it by the Virginia State Corporation Commission (SCC) or applicable exemption.

B. The Bidder’s SCC ID number, if applicable, shall be provided in Attachment B4 “Proof of Authority to Transact Business in Virginia Form.” The VA SCC Business Registration number IS NOT the same as a Tax ID number.

VI. HEALTH AND SAFETY COMPLIANCE

All Contractors and Subcontractors working for the City are required to comply with current health and safety protocols as established by the Commonwealth of Virginia, Fairfax County Health Department, City of Falls Church and the U. S.

Centers for Disease Control and Prevention (CDC).

VII. RIGHTS OF THE CITY

A. Among the indisputable rights of the City specified herein, the City, at its sole discretion may:

1. Cancel, withdraw or re-advertise this IFB; accept or reject all bids; and/or waive minor technicalities/informalities.

2. An award will be made to the lowest responsive and responsible Bidder complying with all provisions of the IFB. The City will not disqualify a bidder based on qualifications not explicitly stated in this IFB. Any disqualification issued by the City shall require VDOT concurrence.

3. Add, delete or change goods, locations, frequency of service, or other factors related to the goods and or services under contract dependent upon requirements that may develop during the contract period and cannot guarantee the amount of work or predict future funding for any resultant contract.

4. Use any or all ideas presented in reply to this solicitation, subject only to the limitations regarding trade secret/proprietary data of Bidder.

5. Debar or suspend a contractor in accordance with the City’s Purchasing Resolution.

B. This is an Invitation for Bids and is in no way to be misconstrued as a commitment to purchase on the part of the City.

VIII. NON-MANDATORY VIRTUAL PREBID MEETING/ SITE VISIT

A. A virtual non-mandatory PreBid Meeting is scheduled for Thursday, July 9, 2026 at 1 p.m. via Microsoft Teams.

To request an invitation to the PreBid Meeting:

Email request to Purchasing Agent James R. Wise jwise@fallschurchva.gov with copies to Purchasing@fallschurchva.gov and ylee@fallschurchva.gov

By Wednesday, July 8, 2026 @ 3:00 p.m.

Subject line of email: IFB Number & PreBid Meeting Request

Although not mandatory, participation is strongly encouraged.

B. The purpose of the PreBid Meeting is to allow Bidders an opportunity to present questions and obtain clarification relative to any facet of this IFB. Answers provided during the PreBid Meeting are for informative purposes only.

Authoritative answers will be provided in a written Addendum to the solicitation that will be issued after the PreBid meeting. Any substantive changes to the IFB resulting from this meeting will be included in the written Addendum.

Please have a copy of this IFB available while attending the Teams meeting.

C. Bidders may visit the project site at any time unless the site is in an area that is not accessible to the general public or otherwise restricted.

The Project Site(s) will be available for inspection with City staff on a separate date and time (TBD), should potential Bidders be interested. A single Site Visit with City staff may be scheduled, if so requested.

To request a Site Visit:

mailto:jwise@fallschurchva.gov mailto:Purchasing@fallschurchva.gov

Email request to James R. Wise, Purchasing Agent jwise@fallschurchva.gov with copies to Purchasing@fallschurchva.gov and ylee@fallschurchva.gov by Wednesday, July 8, 2026 @ 3:00 p.m.

Subject line of email: IFB Number & Site Visit Request

D. Failure to attend the PreBid Meeting and/or review the site(s) will not prohibit Bidder from submitting a bid. The Bidder is responsible for ascertaining conditions at the site, and claims as a result of failure to inspect the job site will not be considered.

IX. SCOPE OF WORK & REQUIREMENTS

Please refer to Attachment E, Special Provisions and additional IFB Attachments for detailed requirements.

A. Brand Names and Proposed Equals

1. The Special Provisions and Supplemental Specifications contain information regarding specific materials. In some cases, preferred manufacturers have been identified, however, unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict Bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired.

2. Any item that the City, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. Failure to furnish adequate data for evaluation purposes may result in declaring an offer non-responsive. Unless the Bidder clearly indicates in its Bid that the product offered is an “equal” product, such Bid will be considered to offer the brand name product specified in this solicitation.

X. CONTRACT TERM AND RENEWAL OPTIONS

A. If a contract is awarded, it shall cover the target period from date of award through a two-year period (Initial Term) or as otherwise provided in the resultant contract.

B. The City may extend the term of an existing contract to allow completion of any work undertaken but not completed during the then-current term of the contract.

C. GRANT FUNDING: The Scope of Work outlined in this IFB is funded wholly or in part through the Federal SmartScale grant, provided by the VDOT via grant number UPC 111483.

D. NON-APPROPRIATION OF FUNDS - All funds for payments by the City for goods/services under contract are subject to the availability of general or specific annual appropriation for this purpose by the City of Falls Church City Council, as applicable. In the event of non-appropriation of funds by the City Council for the goods/services provided under contract, the City will terminate the contract, without termination charge to the City, on June 30th of the then current fiscal year or when the appropriation made for the then current year for the goods/services covered by the contract is spent, whichever event occurs first.

mailto:jwise@fallschurchva.gov

XI. BID SECURITY – BID BOND

A. The Bid must be accompanied by a bid bond (a certified check upon a solvent bank or trust company), made payable to the order of "The City of Falls Church," or cash escrow in an amount not less than five percent (5%) of the total bid price submitted. The City’s Bid Bond Form (Attachment B6) shall be used for Surety Bid Bonds.

B. A scan of the bid bond must be included with the electronically submitted Bid Package.

C. The original Bid Bond security (or certified check, or written confirmation from a banking institution regarding cash escrow account established for this purpose, as applicable) is to be submitted by mail, courier or delivered in person ONLY to:

City of Falls Church Attn: Treasurer Department of the Treasurer 300 Park Avenue, Suite 201 West Falls Church, Virginia 22046 Phone: 703-248-5046 Email: jacosta@fallschurchva.gov with copy to treasurer@fallschurchva.gov Office Hours: 9 a.m. – 4 p.m.

These originals shall be placed in a sealed, opaque envelope and clearly marked in the lower left-hand corner with the Company Name, City IFB number and title. The received date/time of the bid security will be recorded on the envelope. The original Bid Bond is due by the due date/time of IFB.

D. The failure to submit a scan of the Bid Bond as detailed above may result in the Bid being declared as Non-Responsive.

E. The bid security of the unsuccessful Bidders will be returned within fifteen (15) days after the execution of the Contract or, if no such Contract has been executed, within ninety (90) business days after the date of opening Bids. The bid security of the successful Bidder will be returned only after the Bidder has duly executed the Contract and furnished the required bonds and insurance.

F. Bids shall be firm and irrevocable for sixty (60) business days after the date fixed for opening the Bids unless such time period is extended by mutual consent of the parties.

XII. CONTRACT SECURITY - PERFORMANCE AND PAYMENT BONDS

A. If so required by the City, the Contractor shall furnish Performance Bond and Payment Bonds in sums equal to the amount of the purchase order per contract requirements. The Performance Bond shall remain in full force throughout all contract terms and through the one year warranty/guarantee period following completion and acceptance, as applicable. The bonds shall utilize City approved performance and payment bonds forms.

B. The Performance and Payment Bonds shall be issued by a solvent and responsible surety company licensed to conduct business in the Commonwealth of Virginia, named in the current list of "Surety Companies Acceptable on Federal mailto:jacosta@fallschurchva.gov mailto:treasurer@fallschurchva.gov

Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department, and acceptable to the City. These bonds shall be delivered and countersigned by a local authorized representative of such Surety who is a resident of the Commonwealth of Virginia, regularly commissioned and licensed in the Commonwealth and producing satisfactory evidence to the City of the person or persons executing the bonds to execute them on behalf of the Surety. The Performance and Payment Bonds shall serve as security for the faithful performance of this Contract, and for the payment of all persons performing labor and furnishing materials and services in connection with this Contract.

C. The premiums on the Performance and Payment Bonds shall be paid by the Contractor.

D. If at any time the City becomes dissatisfied with any Surety or Sureties upon the Performance and Payment Bonds, or if for any other reason such bond shall cease to be adequate security for the City, as determined by the City in its sole discretion, the Contractor shall, within five (5) business days after notification, substitute acceptable bonds in such form and sum and signed by such other sureties as may be satisfactory to the City. The premiums on such Bonds shall be paid by the Contractor. No further partial payments shall be deemed due or be made until the new sureties have qualified.

E. Notwithstanding any provisions in these Contract Documents to the contrary, the Contractor may furnish the City with a certified check or cash escrow in the amount of the Contract Sum and in a form acceptable to the City in lieu of the payment bond, the performance bond, or both.

XIII. PRICES

All Contract unit prices will remain firm through the Contract Term, except as otherwise provided in a resultant contract.

XIV. PROMPT PAYMENT DISCOUNT

A. Unless otherwise specified herein, prompt payment discounts requiring payment in less than fifteen (15) days will not be considered in evaluating a bid for award. However, even though not considered in the evaluation, such discounts will be taken if payment is to be made within the discount period.

B. In connection with any discount offered, time will be computed from the date an undisputed invoice is received by the City. In the event the Bidder does not indicate a prompt payment discount, it shall be construed to mean NET thirty

(30) days.

C. For the purpose of earning the discount, payment is deemed to be made as of the date of mailing of the City check or issuance of an Electronic Funds Transfer, if applicable.

XV. PROJECTED REQUIREMENTS/ESTIMATED QUANTITIES:

A. Unless otherwise specified, any quantities detailed in this solicitation are estimates only, and are given for the information of Bidders and for the purpose of bid evaluation. They do not indicate the actual quantity of goods/services that will be ordered or may be required to meet the specifications or requirements in the Scope of Work since the actual volume will depend upon requirements that develop during the contract period.

B. Any such estimates shall not relieve the Contractor of their obligation to perform all services which may be ordered under the contract. The City reserves the right to expand or delete services as necessary and cannot guarantee the amount of work which may be ordered or predict funding for the Project.

C. No bid will be considered which stipulates that the City shall guarantee to order a specific service, task, goods or quantities thereof.

XVI. SUBCONTRACTORS

A. As used in this solicitation, the term “subcontractor” shall also include firms and/or persons either directly or indirectly employed by Contractor, partners identified in the bid, and/or others furnished by or acting at Contractor’s direction or on Contractor’s behalf under the contract.

B. In the event that the Bidder desires to subcontract some part of the work specified in this solicitation, the Bidder shall furnish the City the names, qualifications, and experience of the proposed material/key subcontractors and the percentage of the work under any resultant contract to be performed by each with the bid. The Bidder shall provide services as the Prime Contractor under any resultant contract and all subcontractors shall be responsible to the Prime Contractor.

C. In addition, if during the course of the contract, the Contractor wishes to use a subcontractor(s) other than the firms identified in its original bid, advance written notice and approval of the City shall be required. In some instances, state or federal agency approval of additional Subcontractor(s) shall be required. The City reserves the right to review, accept and/or reasonably reject the successful firm's selection of all subcontractors.

D. During the course of the contract, if the Contractor wishes to use a subcontractor(s) other than the firms identified in the IFB, and/or the subcontractor(s) will perform more than 49% of the project work, advance written notice and approval of the City shall be required.

E. All federal limitations upon and requirements for subcontracting shall be applied throughout the contract.

F. The Contractor shall remain fully liable and responsible for: supervising and directing the work to be done by his/her subcontractor(s) including those persons either directly or indirectly employed by Contractor and shall assure compliance with all the requirements of the contract; payment to; performance, acts and omissions of their subcontractors, partners and of all persons employed by them and to assure that the subcontractors’ insurance is in compliance with the requirements of this solicitation and for assuring that all sub-contractors, partners, and/or others furnished by or acting at Contractor’s direction or on Contractor’s behalf, comply and remain in compliance with all federal, state, and local laws, rules, regulations, orders and other legal requirements that are directly or indirectly related to the performance under the contract, including procurement of required permits, certificates, licenses, insurance, approvals, and/or inspections.

G. The Contractor shall not enter into any subcontract with any subcontractor who has been suspended, debarred or otherwise excluded from participating in contracting programs by any agency of the United States Government, the Commonwealth of Virginia or any other state.

H. The Contractor shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and conditions of this contract insofar as they are applicable to the work of subcontractors. The City reserves the right to request a copy of all subcontracts.

I. Nothing contained in the contract shall create any contractual relationship between any subcontractor and the City.

XVII. LICENSES & VIRGINIA CONTRACTORS

A. Please refer to Attachment E, Special Provisions for specific licensing and certification requirements.

B. Per VA Code Sections 54.1-1100 et seq. certain licenses for contractors, tradesmen and others are required; an unlicensed contractor is not permitted to submit a bid where the resultant contract will require a license. However, for solicitations involving federal funding, contractor licensing is not required at the time of bid submittal.

C. Each Bidder is responsible to determine which license(s), if any, are required to perform the work specified in this IFB.

D. Bidders shall note the applicable VA License Number and include a copy of the applicable license(s) with their bid. If no license is required, or licensing is not required at the time of bid submittal for a federally-funded project, Bidder shall so state on the Company Information form.

XVIII. CONSTRUCTION SAFETY VIOLATIONS

The Contractor shall comply with the Construction Safety requirements incorporated into City Purchasing Resolution TR22-38, as revised and readopted by the City Council of the City of Falls Church on September 27, 2022:

A. Each bid submitted to the City for a contract for construction, as defined by the Virginia Public Procurement Act (VPPA) shall include a list of all the following involving the bidder and that have been issued or become final (no longer are subject to appeal) in the three years prior to the bid submission:

1. Willful violations of any code, law, regulation, or other safety requirement, violations or 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 Occupational Safety and Health Administration;

or (c) any other governmental entity having oversight over occupational safety and health matters or

2. Any construction safety violations that meet the standard of “serious” as defined by the United States Department of Labor for which the bidder was cited by (a) the United States Occupational Safety and Health Administration;

or (b) the Virginia Occupational Safety and Health Administration; or (c) any other governmental entity having oversight over occupational safety and health matters; within the past three years; or

3. Any termination of a contract between the contractor and any public entity for, in whole or in part, safety violations.

B. If the bidder has not received or been the subject of any actions referenced above in the three (3) years prior to the bid submission, then the bidder shall so indicate by certification on the bid form entitled Construction Safety Violations Certification.

C. The Purchasing Agent may consider the documentation submitted pursuant to this section in evaluating bidders. In addition, Bidders may be subject to a special audit of their safety records as needed, in the discretion of the Purchasing Agent. The Purchasing Agent may inquire a Bidder for their safety records which include but not be limited to the following:

1. The bidder’s fatality record for the past five (5) years.

2. Corrective action taken by a bidder to prevent the recurrence of safety violations.

3. Days Away From Work Incident Rate for the past three (3) years.

4. Summary of Work-Related Injuries and Illnesses/Incident Rate for the past three (3) years.

a. The bidder’s Worker's Compensation Experience Modification Rating for the past three (3) years.

b. Detailed information regarding the bidder's safety program, including but not limited to a Safety and Health plan and qualifications of the safety personnel.

c. Written certification that management or other staff directly involved in or in charge of projects that experienced safety violations listed above will not be involved in the City project.

d. Incorporation of safety and health related issues into their new employee orientation programs.

e. The number and type of safety training programs conducted for the bidder’s employees.

f. Frequency of safety "tailgate meetings" conducted by the firm.

D. The determination of non-responsibility rendered by the Purchasing Agent or his designee shall be final unless it is appealed in accordance with the provisions of Article 4 Section 2 of the City’s Purchasing Resolution.

E. It shall be a condition of each City construction contract, as discussed above, that no contractor or subcontractor contracting for any part of the Work shall require any person employed in the performance of the contract to work in surroundings or under working conditions which are hazardous or dangerous to their safety, as determined under construction safety standards promulgated by the U.S. Department of Labor or the Virginia Department of Labor and Industry.

XIX. TRADE SECRETS OR PROPRIETARY INFORMATION

A. Trade secrets or proprietary information submitted by a Bidder in response to this Invitation for Bids shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, the Bidder must invoke the protection of this section prior to or upon submission of data or materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary (Section 2.2-4342F of the Code of Virginia) for consideration and acceptance by the City as trade secrets or proprietary information.

B. Attachment B1.1 “Trade Secret/Proprietary Information Identification” must be competed, signed and returned with your bid.

C. Classification of an entire bid document and/or prices (line item or totals) as proprietary or trade secret is NOT ACCEPTABLE and may result in REJECTION of the bid.

XX. DEBARMENT/EXCLUSION STATUS

By submitting a bid, the Bidder (including any partner, associate, or subcontractor associated with the provision of goods/services under this solicitation) certifies that they are not (1) currently suspended, debarred or otherwise excluded (i.e.

discontinued, enjoined, prohibited) from submitting bids/proposals on contracts by any local government or agency of the Commonwealth of Virginia, or the Federal Government; (2) an agent of any person or entity that is currently debarred, suspended or excluded from submitting bids/proposals on contracts by any local government or agency of the Commonwealth of Virginia, or the Federal Government; or (3) suspended, proposed for debarment, excluded or disqualified under the non-procurement common rule, or otherwise declared ineligible from receiving Federal contracts, certain subcontracts, and certain Federal assistance and benefits. The City will confirm a firm’s status via the U.S. Government’s System for Award Management (SAM) at https://sam.gov/ and applicable Commonwealth of Virginia resources.

XXI. AMBIGUITY, CONFLICT OR OTHER ERRORS IN THE IFB

A. If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the IFB, it shall immediately notify the Purchasing Agent (purchasing@fallschurchva.gov) of such error in writing and request modification or clarification of the document. The City will make modifications to material issues by issuing a written revision and will give written notice via addenda posted on the City’s website (https://fallschurchva.gov/Bids) and eVA, the Commonwealth of Virginia’s electronic procurement portal for registered suppliers (https://eva.virginia.gov).

B. The Bidder is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the Invitation for Bids prior to submitting the bid. Any bids that include assumed clarifications and/or corrections without required authentication of same may be subject to rejection by the City.

XXII. CONTRACT DOCUMENTS

A. This solicitation, including all addenda, attachments, exhibits and/or appendices hereto, shall become a part of any contract that may be awarded in addition to any IFB clarifications, responses to questions/issues and the Bidder’s Bid.

B. Other documents which shall become a part of any resultant contract include but are not limited to:

1. Bidder’s Bid and any modifications accepted by the City https://sam.gov/ mailto:purchasing@fallschurchva.gov https://eva.virginia.gov/

2. Any Memoranda of Clarification, if applicable.

3. Other documents which may be incorporated by reference, if applicable.

4. City’s Purchase Order.

C. There is no binding agreement, no contractual relationship, no understanding nor mutual assent until a contract is signed, executed and exchanged by and between the Bidder and the City or a Purchase Order is issued and accepted.

D. The contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The contract may be amended or modified only by written modification.

XXIII. CONTRACT DISPUTES

A. Any dispute concerning a question of fact as a result of a Contract with the City which is not disposed of by agreement in writing shall be decided by the City Purchasing Agent. Contractor shall give written notice to the City’s Purchasing Agent to include the facts of the dispute and Contractor’s intent to file a claim for money or other relief within ten (10) days of the occurrence giving rise to the claim or at the beginning of the work upon which the claim is to be based, whichever is earlier. Any notice or dispute shall be delivered to the City’s Purchasing Agent, 300 Park Avenue, Room 204E East, Falls Church, VA 22046 with an emailed copy to Purchasing@fallschurchva.gov) and shall include a description of the factual basis for the dispute and a statement of the amounts claimed or other relief requested.

B. The City Purchasing Agent shall reduce their decision to writing and mail or otherwise forward a copy to the Contractor within ninety (90) days. The decision of the City Purchasing Agent shall be final and conclusive unless the Contractor appeals within six (6) months of the date of the final written decision by instituting legal action as provided in the Code of Virginia. A Contractor may not institute legal action prior to receipt of the City Purchasing Agent’s decision on the claim, unless the City Purchasing Agent fails to render such decision within the time specified.

C. Nothing herein shall preclude the requirement for submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Arbitration shall not be applicable but the parties shall negotiate in good faith to resolve any dispute arising as a result of a Contract or Purchase Order. Each party shall bear its own expenses resulting from any litigation, including attorney’s fees.

XXIV. BID PREPARATION

A. Before submitting a bid, the Bidder must read the entire solicitation. Failure to read any part of this solicitation shall not relieve the Contractor of its contractual obligations.

B. The Bid Forms must be completed, signed and dated where applicable. All information requested must be submitted. Bids which are substantially incomplete or lack key information may be rejected by the City at its discretion.

Bid contents should be arranged in the same order and identified with headings as may be presented herein.

XXV. BID SUBMISSION COVENANTS

The Bidder’s signature on the IFB Offer Form covenants and certifies acknowledgement and compliance with the following:

1. Fully Informed - The Bidder acknowledges that it has read this solicitation, understands it, has satisfied itself from its own investigation of the conditions to be met and/or goods to be provided, fully understands Bidder’s obligation, agrees to be bound by this solicitation’s terms and conditions, and will not make any claim for, or have right to cancellation or relief from the contract because of any misunderstanding or lack of information. In addition, the Bidder has or will provide properly trained employees, staff, subcontractors (if approved by the City), or other personnel; and has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations; that in any manner may affect the cost, delivery, progress, or performance of goods and/or work proposed and to be provided under this IFB.

2. Collusion - In the preparation and submission of this IFB, the Bidder did not, either directly or indirectly, enter into any combination or arrangement with any person, firm or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section 1 et seq.) or Sections 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

3. Employees/Officials Not to Benefit

a. To the best of the Bidder’s knowledge, no City official or employee having official responsibility for this procurement transaction, or member of his or her immediate family (including spouse, parents or children), has received, been promised, directly or indirectly, or will receive any financial benefit, including but not limited to fees, commission, finder’s fee, political contribution or any similar form of remuneration, or other financial benefit of more than nominal or minimal value on account of the act of awarding and/or executing this contract.

If such a benefit has been received or will be received, this fact shall be disclosed with the bid or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract.

b. Whenever there is reason to believe that a financial benefit of the sort described in paragraph "a" has been or will be received in connection with a bid or contract, and that the contractor has failed to disclose such benefit or has inadequately disclosed it, the Purchasing Agent, as a prerequisite to payment pursuant to the contract, or at any other time, may require the Contractor to furnish, under oath, answers to any interrogatories related to such possible benefit.

c. In the event the Bidder has knowledge of benefits as outlined above, this information should be submitted with the bid. If the above does not apply at time of award of contract and becomes known after inception of a contract, the Bidder shall address the disclosure of such facts to the City of Falls Church, 300 Park Avenue, Suite 204 East, Falls Church, VA 22046. Relevant Invitation for Bid Number should be referenced in the disclosure.

4. Licenses and Insurance - The firm submitting the Bid is licensed and registered to do business in the Commonwealth of Virginia and has the current Contractor’s license(s), as may be required under this solicitation, as of the date of a contract award.

If awarded the contract, the Contractor shall have insurance coverages as specified in section entitled “Standard Provisions”, subsection entitled “Insurance” at the time the work commences and shall submit proof of such insurance to the City as stipulated in that section.

5. Ethics In Public Contracting - The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377, of the Virginia Public Procurement Act as set forth in the Code of Virginia, as amended, pertaining to Bidders, contractors, and subcontractors are applicable to this solicitation. By submitting a bid, the Bidder certifies that their bid is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

6. Conflict of Interest - The provisions referenced in the paragraph above entitled “Ethics In Public Contracting” supplement, but do not supersede, other provisions of law including, but not limited to, the State and Local Government Conflict of Interests Act (§§ 2.2-3100 et seq.), the Virginia Governmental Frauds Act (§§ 18.2-498.1 et seq.), and Articles 2 (§§ 18.2-438 et seq.) and 3 (§§ 18.2-446 et seq.) of Chapter 10 of Title 18.2.

The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the State and Local Government Conflict of Interests Act.

7. Employment Discrimination By Contractor Prohibited - During the performance of any resultant contract, the Bidder will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, and Section 2.2-4311 of the Virginia Public Procurement Act which provides that:

In every contract over $10,000.00 the provisions in "a" and "b" below apply:

a. During the performance of this contract, the contractor agrees as follows:

1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

3) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

b. The Contractor will include the provisions of the foregoing paragraphs in every subcontract or purchase order over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor.

8. In every Contract over $10,000 the following shall also apply:

a. Drug Free Workplace -During the performance of any resultant contract, the contractor agrees to (1) provide a drug-free workplace for the contractor's employees; (2) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (3) state in all solicitations or advertisements for employees…