838950trailFred.pdf

INVITATION FOR BIDS ANNOUNCEMENT

IFB No. 2027-04-P&R Issue Date: August 18, 2026

County of Frederick, Virginia

FINANCE DEPARTMENT

107 N. Kent Street, 3rd Floor Winchester, VA 22601

Phone: (540) 665-5610 www.fcva.us/purchasing

Title: Abrams Creek Trail and Trailhead Parking Area

Bids Due: September 23, 2026, 2:00 pm, local time

Bids Open: September 23, 2006, 2:05 pm, local time

1st Floor Conference Room

Project Overview: Frederick County Parks and Recreation is soliciting qualified contractors for the construction of Phase I of the Abrams Creek Trail project. This phase includes approximately one mile of shared-use path, construction of one bridge crossing Abrams Creek, and development of a parking and trailhead area.

The County of Frederick, Virginia (the “County”) is seeking proposals from qualified firms

(the “Offeror” or “Contractor”) to furnish the goods and/or services described herein and proposals will be received by Karen Orndorff, Purchasing Manager at the Frederick County

Finance Department, 3rd Floor, 107 N. Kent Street, Winchester, Virginia, 22601, through the due date and hour shown above (local prevailing time). Electronic submission proposals will be accepted through eVA only. Proposals received after this time will not be accepted.

This is a Federal-Aid project and is subject to the requirements and provisions of Federal

Highway Administration (FHWA) Form 1273 as included in this document.

Non-Mandatory Pre-Bid Conference: A non-mandatory Pre-Bid Conference will be held on

Tuesday August 25, 2026, 9:00 a.m. 1726 Woodstock Lane, Winchester, VA 22602.

Questions: All inquiries and technical questions or comments related to this solicitation shall be directed to contacts listed below no later than 2:00 p.m. on September 9, 2026. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted.

IFB Contact Information:

Jon Turkel, Assistant Director, Parks and

Recreation – jturkel@fcva.us

CC:

Karen Orndorff, Purchasing Manager karen.orndorff@fcva.us

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

http://www.fcva.us/purchasing mailto:jturkel@fcva.us mailto:karen.orndorff@fcva.us http://www.eva.virginia.gov/

Abrams Creek Trail and Trailhead Parking Area IFB 2027-04-P&R

Table of Contents

SECTION A: SPECIFICATIONS

SECTION B: CONTRACT SPECIFIC TERMS AND CONDITIONS

SECTION C: TERMS AND CONDITIONS

ATTACHMENT A: BID FORM

ATTACHMENT B: PAYMENT PROCEDURES

ATTACHMENT C: VENDOR APPLICATION

ATTACHMENT D: PRICE SCHEDULE

ATTACHMENT E: REFERENCE PAGE

ATTACHMENT F: CONTRACTOR’S LICENSE

ATTACHMENT G: INSURANCE REQUIREMENTS

ATTACHMENT H: BOND REQUIREMENTS

SECTION D: PROJECT SPECIAL PROVISIONS

ADDITIONAL FORMS

SECTION A: SPECIFICATIONS

1. INTRODUCTION

The purpose of this Invitation for Bid (IFB) by the County of Frederick, Virginia (County) is to solicit sealed bids from qualified offerors to install a Trail-head Parking Area along Meade Drive, and construct Phase I of the Abrams Creek Trail from Meade Drive to Woodstock Lane.

This phase of the Abrams Creek Trail is approximately 1 mile of 10’ wide shared use path with one creek crossing bridge. The trail termini include a parking area along Meade Drive (as part of this project), and a trail exit to Woodstock Lane in Frederick County, VA.

This project or work is funded in whole or in part by grants from the federal government. The purchase of goods or services funded in whole or in part by the Federal Government are subject to the requirements of 2 C.F.R. §§ 200.317 – 200.326 and 2. C.F.R. Part 200, Appendix II. The contractor, vendor, or supplier (“Contractor”) is responsible for ensuring its compliance with all applicable Federal requirements. The following contract clauses shall be incorporated in any contract awarded by Frederick County, Virginia, its governing body, officers, employees, and agents

(“County”) as indicated below.

2. BACKGROUND

Frederick County is located in the northern Shenandoah Valley of Virginia and occupies a strategic location in the Mid-Atlantic region. The Shenandoah Valley stretches approximately 200 miles between the Blue Ridge Mountains to the east and the Allegheny Mountains, part of the Appalachian

Mountain Range, to the west. The Valley extends from the Potomac River in the north to the James

River in the south. Frederick County encompasses 416 square miles and serves a population of approximately 100,000 residents.

3. SCOPE OF WORK

The scope of work is to include all aspects of the trail and trailhead installation in accordance with the attached plans and specifications. All aspects of the project will require adherence to all the relevant local, state, and federal requirements for federally funded projects. The scope of this project includes the installation of 10-foot-wide asphalt walking trail along Abrams Creek with accompanying retaining walls, guardrail / fence, a pedestrian bridge over the creek, and a trailhead parking lot. Work includes clearing of the respective areas, grading, installation of retaining walls, guardrail / fence, pedestrian bridge and associated construction. The project is linear in nature and crosses properties owned by Frederick County, VA and the City of Winchester, VA.

Additional Notes:

A. Third-party testing and verification will be conducted by a contractor selected by the

County.

B. Underdrains (Sheet C106) shall be placed every 50 feet within the sections identified in the notes and details.

C. The limitation of 7.5 psi ground pressure applies to the trail segment from the parking area to Station 14+00. This section will not require proof rolling.

D. The permits obtained for the project do not identify any specific seasonal in-stream work restrictions or prohibited work windows. The Contractor shall comply with all permit requirements and applicable erosion and sediment control measures throughout construction.

Please refer to the attached permit documentation for additional information. If the

Contractor proposes means and methods that would increase or modify stream impacts beyond the permitted limits, additional agency coordination and/or permitting may be required.

Disposal of Organic Loamy Cut:

A. The City of Winchester is willing to accept quality soil that is free of excessive rock, debris, and other unsuitable materials at 1726 Woodstock Lane, Winchester, VA 22602. Any material not accepted by the City of Winchester shall be disposed of off-site by the

Contractor. The determination of whether material meets the City's requirements for acceptance will be made by the on-site inspector.

From Design Engineer:

A. “It looks like we should have roughly 2,400 CY of unsuitable undercut in the woods areas

(minimum) that will need to be disposed of. The undercut areas are filled with imported stone, so they are not included in the raw earthwork quantities. It is expected that this material will be very organic and loamy in nature and would be usable as topsoil or soil amendments.”

Trash receptacles:

A. Furnish trash receptacles comparable in size, capacity, function, and quality to the Barco

Cassidy Plus 45-gallon can.

Kiosk:

A. Furnish a kiosk comparable in size, function, construction, and quality to the Barco Large

Vertical Message Center.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Before submitting a bid, each bidder must examine the Contract Documents thoroughly, visit the site to familiarize themselves with local conditions that may in any manner affect cost, progress, or performance of the work, familiarize themselves with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work; and study and carefully correlate bidder's observations with the

Contract Documents.

B. Before submitting a bid, each bidder will, at their own expense, make such additional investigations and tests as the bidder may deem necessary to determine their bid for performance of the work in accordance with time and other terms and conditions of the

Contract Documents. The Contractor shall be responsible for taking their own borings or making any investigations they require to establish subsurface conditions in the area of this

Contract. The County does not assume any responsibility for the subsurface conditions which may be encountered. On request, Owner will provide each bidder access to the site to conduct such investigations.

C. The submission of a bid will constitute an incontrovertible representation by the bidder that they have examined the site and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of the Work.

D. It is understood and agreed by the bidder that the estimate of quantities (if provided) are approximate, and are presented in order to obtain unit prices and approximate amount of the

Contract. The Contractor shall make no claim against the County because of any estimate, tests or representations made by any officer or agent of the County, which may prove to be in any respect erroneous.

E. Scope of the work is as specified herein. The Owner, however, reserves the right to make adjustments to the scope of the work. Such adjustments shall be accomplished by appropriate

Change Orders.

5. BIDDER REQUIREMENTS

A. As part of their bid, Bidders are required to provide a minimum of three (3) references for successfully completed projects similar in scope and contract amount to the project. Additionally, the references must be the most recent similar projects. Additional references are permitted;

however, the three (3) most related projects should be highlighted first.

B. Bidder must be a VDOT Pre-Qualified bidder All subcontractors shall be pre-qualified with

VDOT for all pre-qualifiable trades.

C. The Contractor shall have a competent foreman or superintendent, satisfactory to the A/E and the

Owner, on the Site at all times during the performance of the Work. The superintendent shall be familiar with and be able to read and understand the Contract Documents and be capable of communicating verbally and in writing with the Owner’s representatives, the A/E, and the

Contractor’s workers. The Contractor shall be responsible for all construction means, methods, techniques, sequences and procedures, for coordinating all portions of the Work except where otherwise specified in the Contract Documents, and for all safety and worker health programs and practices. The Contractor shall notify the Owner, in writing, of any proposed change in foreman or superintendent, including the reason therefore, prior to making such change.

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

E. Bidders must possess a Virginia Contractor’s license in the appropriate class for the project or obtain the Virginia Contractor’s license prior to award.

F. By signing the Bid Form, Bidders certify that they are not currently barred from bidding on contracts by any agency of the commonwealth of Virginia or any federal agency.

6. ACCEPTANCE OF BIDS

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

B. The contract will be awarded to the lowest responsive and responsible bidder meeting the applicable specifications. By submitting a bid, each bidder agrees that this is a solicitation of bids, and each bidder agrees to be solely responsible for the cost or expense of its bid and the

County shall have no responsibility for such costs or expenses.

7. TIME OF YEAR RESTRICTION (TOYR): INDIANA BAT

For projects located within buffers around documented hibernacula, roosts and maternity colonies and for projects located outside of these buffers, but within suitable habitat: TOYR for tree removal, tree timbering, and/or prescribed burns from April 1 – November 14.

8. LIQUIDATED DAMAGES

Work shall begin after receipt of Notice to Proceed or contract and all work shall be completed in

425 calendar days. It is hereby understood and agreed by the bidder that time is of the essence in the delivery of supplies, services, materials, or equipment of the character and quality specified in the bid document. In the event these specified supplies, services, materials, or equipment are not delivered by the date specified, there will be deducted, not as a penalty but as liquidated damages, the sum of $

600_ per day for each and every calendar day of delay beyond the time specified; except that if the delivery be delayed by any act, negligence, or default on the part of the Commonwealth, public enemy, war, embargo, fire, or explosion not caused by the negligence or intentional act of the contractor or his supplier(s), or by riot, sabotage, or labor trouble that results from a cause or causes entirely beyond the control or fault of the contractor or his supplier(s), a reasonable extension of time as the procuring public body deems appropriate may be granted. Upon receipt of a written request and justification for an extension from the contractor, the purchasing office may extend the time for performance of the contract or delivery of goods herein specified at the purchasing office’s sole discretion for good cause shown.

Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the County. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each day that any work remains incomplete after the contract time limit specified for completion of the work, the County shall assess liquidated damages against the

Contractor. The Contractor waives any defense as to the validity of any liquidated damages stated in the Contract and assessed by the County against the Contractor on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.

Execution of the contract under these specifications shall constitute agreement by the County and

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

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

Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the County’s right to collect any additional damages which may be sustained by failure of the

Contractor to carry out the terms of the contract, it being the intent of the parties that said liquidated damages be full and complete payment only for failure of the Contractor to complete the work on time.

9. PAYMENTS TO CONTRACTOR

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

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

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

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

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

d. Include a letter from the Contractor’s Surety which confirms that the Surety on the

Performance Bond and the Labor and Material Payment Bond has been notified of the request for payment of materials stored off the Site and agrees that the materials are covered by the bonds; and

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

B. The final payment shall not become due until the Owner’s inspection, and agrees that Final

Completion has been achieved and until the Contractor shall deliver to the Owner a Certificate of

Completion by the Contractor. Amounts due the Owner which may be withheld from the Final

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

SECTION B: CONTRACT SPECIFIC TERMS AND CONDITIONS

1. eVA REGISTRATION: Frederick County utilizes eVA, Virginia’s electronic purchasing system to communicate and award with Offerors. In the event of an award, the selected

Offeror shall be required to register in eVA. There is no cost associated with registration.

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

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

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

5. BID OPENING: Bids must be received by the date and time indicated on the Announcement page. Bids shall be opened on the due date at 2:05 p.m., in the County Administration

Building’s 1st Floor Conference room, located at 107 N. Kent Street, Winchester VA, 22610.

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

7. ADDENDA AND CHANGES TO BIDS: Changes or supplemental instructions to this

Invitation for Bids will be posted online with this solicitation. It is the Offeror's responsibility to check for addenda prior to the due date and time to ensure that all addenda are received.

All Bidders shall acknowledge receipt of Addenda with the bid. Acknowledgement of all

Addenda shall be in the space provided on the Bid Form or by returning a copy of each signed

Addendum. If all Addenda are not acknowledged, the bid may be determined non-responsive.

A bidder may amend and/or withdraw a bid before the due date and time set on the

Announcement page. All requests from a potential bidder to return their bid shall be in writing, addressed to the Purchasing Manager, and signed by an authorized representative.

8. BID SUBMISSION REQUIREMENTS:

a. Bid Form: Each bidder shall submit a completed Bid Form and any other bid requirements as outlined. No erasures shall be permitted. Errors and other changes shall be struck through with a single line and initialed. Bids shall be furnished as a total of the unit price costs as called for in this Invitation for Bid, in numerical figures and written dollar amounts. The written word shall take precedence. Figures shall be written in ink or typed.

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

c. (Preferred Method) In lieu of hard copy submissions, electronic submissions are permitted.

Your firm’s bid submittal, consisting of one (1) complete electronic copy and one (1) redacted electronic copy (if applicable) in a “pdf” format, will be received no later than the date and time listed on the IFB Announcement page, by submitting through the Commonwealth of Virginia’s electronic procurement platform eVA.

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

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

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

a. Bids not written in ink or typed

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

c. Bids not properly signed

d. Erasures or alterations not initialed by the bidder

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

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

10. METHOD OF AWARD: The County will make a single award based on the Total Bid to the lowest responsive and responsible Bidder.

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

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

13. PAYMENT: Payment will be authorized following receipt of a valid invoice (including Purchase

Order Number, Line Item Number(s), Description of Goods and Services, Unit Prices, Total Price, etc.) and delivery of goods or completion of services according to specifications and subject to inspections. A completed and signed Acknowledgement of Payment Procedures must be submitted with all bids (Attachment B).

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

https://eva.virginia.gov/index.html

15. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the County, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature and technical detail to enable the County to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

16. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless The County of Frederick, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract, the Contractor shall furnish proof of said insurance prior to commencement of services. Separate forms, which name the County as additional insured and as alternate employer, must be included with the Certificate of Insurance. Please make sure prior to submitting a bid that all insurance endorsement forms have been reviewed by your insurance carrier.

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

Contractor shall have ten (10) days from the date of the County’s request, to provide insurance documentation. Failure to provide the certificate and forms within this period may be cause for the

County to award a contract to the next responsive Bidder and hold the original Contractor liable for excess costs.

17. DELIVERY OF GOODS/SERVICES: The time of proposed delivery must be stated in definite terms. If time of delivery for different goods and/or services varies, the Bidder shall so state in the bid

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

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

20. INVOICING: The purchase order number shall be included on each invoice and packing slip.

Failure to include this information will delay payment. Invoices shall be sent to the “Bill To” information provided on the purchase order.

21. PAYMENT: Payment will be authorized following receipt of a valid invoice (including Purchase

Order Number, Line-Item Number(s), Description of Goods and Services, Unit Prices, Total Price, etc.) and delivery of goods or completion of services according to specifications and subject to inspections. A completed and signed Acknowledgement of Payment Procedures must be submitted with all bids (Attachment B).

22. INVOICING: The purchase order number shall be included on each invoice and packing slip.

Failure to include this information will delay payment. Invoices shall be sent to the “Bill To” information provided on the purchase order.

23. PAYMENT: Payment will be authorized following receipt of a valid invoice (including Purchase

Order Number, Line-Item Number(s), Description of Goods and Services, Unit Prices, Total Price, etc.) and delivery of goods or completion of services according to specifications and subject to inspections. A completed and signed Acknowledgement of Payment Procedures must be submitted with all bids (Attachment B).

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

25. WARRANTY: The Contractor warrants the goods/services furnished to be of the highest quality and be free from defects for a period of one year from the date of delivery or installation and shall carry the standard manufacturer’s warranty. If installed, the warranty shall include parts, labor and all return delivery costs. Replacements and repairs shall be made by the Contractor at no cost and to the satisfaction of the County.

26. SCHEDULING AND DELAYS: The parties to a contract resulting from this IFB acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the County. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The County shall not be required to pay any of the

Contractor’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions. If the

County delays the project for any reason for a continuous period of ninety (90) days or more, the

County and Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount.

27. BOND REQUIREMENTS:

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

(5%) of the amount of the bid.

b. In lieu of a Bid Bond, a Bidder may furnish a certified check or cash escrow in the face amount required for the bond. Such bid guarantee shall be submitted with the understanding of the following: It shall guarantee that the Bidder will not withdraw his bid during the period of 120 days following the opening of bids; if his bid is accepted, he will enter into a formal Contract with Frederick County in accordance with this solicitation which shall be included as a part of the Contract Documents; and the Standard Performance Bond and the Standard Labor and

Material Payment Bond shall be given. And further, in the event of the withdrawal of the said bid within said period, or failure to enter into said Contract and give said Bonds within ten (10) days after Bidder has received a Notice of Award, the Bidder shall be liable to the Frederick

County Board of Supervisors for the lesser of (i) the difference between the Bid for which the

Bond was written and the next low Bid, or (ii) the face amount of the Bid Bond. This amount represents the damage to the Frederick County Board of Supervisors on account of the default of the Bidder in any particular hereof.

i. Bid Bonds in the form of certified checks, cashier’s checks or cash will be returned to all unsuccessful Bidders who submitted a certified check or cash shall have their bid bond returned following the issuance by the County of a Notice of Intent to

Award to the winning Bidder.

c. Performance and Payment Bonds: Upon the award of a Contract resulting from this

IFB, awarded to the successful Bidder(s), the Contractor shall furnish to Frederick County

Performance and Payment bonds.

i. The successful Bidder, at the time of the execution of the Contract, shall furnish both Performance and Payment Bonds, each in an amount equal to 100% of the

Contract Price and the Contract shall not be deemed to have been fully executed until such bonds are provided. Bonds shall be issued by a surety company licensed to conduct business in the Commonwealth of Virginia and listed on the United

States Treasury Department’s latest Circular 570. The Performance Bond and the

Payment Bond shall be in effect as of the date the successful Bidder signs the

Contract, and if executed prior to the date the successful Bidder signs the Contract shall include written certification from the surety that the bond is effective as of the date of the Contract. If the successful Bidder is a partnership or joint venture, all partners or ventures shall execute the bond as principal in a personal and not representative capacity, in addition to execution of the bond by the Contractor as principal. Cost of said bonds shall be included in the Contract Price.

SECTION C: TERMS AND CONDITIONS

FREDERICK COUNTY VIRGINIA

BIDS/PROPOSALS ON SOLICITATIONS ISSUED BY THE COUNTY WILL BIND BIDDERS/OFFERORS TO

THE APPLICABLE CONDITIONS AND REQUIREMENTS IN THE GENERAL CONDITIONS AND

INSTRUCTIONS TO BIDDERS/OFFERORS UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION

AND SUBJECT TO APPLICABLE STATE, LOCAL, AND FEDERAL LAWS. IF ANY CONFLICTS ARISE IN

THE EXPRESSION OF LOCAL, STATE, AND FEDERAL LAWS, FEDERAL LAW WILL TAKE

PRECEDENCE.

BIDDERS/OFFERORS OR THEIR AUTHORIZED REPRESENTATIVES SHOULD INFORM THEMSELVES

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

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

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

1. AUTHORITY: The County has the sole responsibility and authority for negotiating, placing and when necessary modifying every solicitation, contract and purchase order issued by the County of Frederick, VA. The County

Finance Director serves as the County Purchasing Agent. In the discharge of these responsibilities, the County

Finance Director has appointed the County Purchasing Manager to assist the County Purchasing Agent. Unless specifically delegated by the County, no other County officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the government of the County of Frederick, VA for an indebtedness. Any purchase ordered or contract made which is contrary to these provisions and authorities shall be of no effect and void and the County shall not be bound thereby.

2. PRE-BID AND BID SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the County Purchasing Manager or the IFB Contact, regarding an Invitation for Bids is expressly forbidden except with the permission of the Purchasing Manager.

Violation of this directive may result in a determination that the bidder is ineligible for award.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The County posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov).

4. AWARD

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

b. Competitive Bids shall be awarded to the lowest responsive responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided.

Discounts for prompt payment will not be considered in making awards. The County reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

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

d. An Offeror may protest the award or decision to award by submitting such protest in writing to the Purchasing

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

1. AVAILABILITY OF FUNDS: A contract shall be deemed in force only to the extent of availability of an annual appropriation by the County for the purchase of such goods and/or services. The County’s extended obligations on contracts that include funding through successive fiscal periods shall be contingent upon actual appropriations for the successive periods (additional years).

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

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

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

4. RENEWALS: If additional terms are available, the County shall request to renew this Contractual Agreement in writing, no less than 90 days prior to the end of the initial term. Autorenewals or extending the term beyond the initial term without a written request shall not be permitted. Requests for price adjustments, in accordance with Section 6 below, must be submitted to the County 60 days prior to the end of the then current term.

5. PRICE ADJUSTMENTS: Increases to the agreed upon fees and/or cost for services or goods during the initial term of the contract shall be prohibited. Additionally, price increases for each renewal period cannot exceed the change of the Consumer Price Index (CPI), not seasonally adjusted for the latest twelve months, or five percent

(5%) annually, whichever is less.

6. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by Contractor within any 12-month period is $750,000 or more, the Contractor is required under Title 54.1-1100, Code of Virginia

(1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken within any 12-month period is $150,000 or more, but less than $750,000 or more, the Contractor is required to be licensed as a “CLASS B CONTRACTOR.” If such a contract is over $1,000 but less than $10,000, or if the Contractor does less than $150,000 in business in a 12-month period, the Contractor is required to be licensed as a “CLASS C

CONTRACTOR.” The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The Contractor shall insert his contractor license number:

Licensed Class A Virginia Contractor No. Specialty

Licensed Class B Virginia Contractor No. Specialty

Licensed Class C Virginia Contractor No. Specialty https://www.scc.virginia.gov/

If the Contractor shall fail to provide this information or fails to promptly provide said contractor license number to the County in writing when requested to do so, he shall be deemed to be in violation of § 54.1-1115 of the Code of Virginia (1950), as amended.

7. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless

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

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

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

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design/Inspection/Abatement $1,000,000 per occurrence, $3,000,000 aggregate

Health Care Practitioner (to include Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed

Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical

Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

8. HOLD HARMLESS AND INDEMNIFICATION: The Contractor shall defend, indemnify and hold the County, and County’s employees, agents, and volunteers, harmless, from and against any and all damage claim, liability, cost, or expense (including, without limitation, reasonable attorney’s fees and court costs) of every kind and nature

(including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the Contractor, its employees, agents, and volunteers, or incurred by or claimed against the

County, County’s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the Contractor. This indemnification and hold harmless includes, but is not limited to, any financial or other loss, any adverse regulatory, agency or administrative sanctions or civil penalties incurred by the

County due to the negligent, fraudulent or criminal acts of the Contractor or any of the Contractor’s officers, shareholders, employees, agents, contractors, subcontractors, or any other person or entity acting on behalf of the

Contractor. Unless otherwise provided by law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor under worker’s compensation acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof.

https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

The Contractor agrees to defend and save the County, its agents, officials, volunteers and employees, harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented or unpatented invention, goods and/or services or appliances furnished or used in the performance of the contract, or which the

Contractor is not the patentee, assignee, or licensee, to the same extent as provided in the above paragraph.

9. SMALL, WOMEN-OWNED MINORITY AND SERVICE-DISABLED VETERAN-OWNED BUSINESS

REQUIREMENTS: The County of Frederick desires to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women, minority individuals and service- disabled veterans and to encourage their participation in the County's procurement activities. The County encourages these firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women, minority individuals and service-disabled veterans through partnerships, joint ventures, subcontracts, and other contractual opportunities. A directory of Commonwealth of Virginia Small, Women-Owned Minority and Service-Disabled Veteran-Owned businesses can be found at https://directory.sbsd.virginia.gov.

10. FAITH BASED ORGANIZATIONS: In accordance with the Code of Virginia § 2.2-4343.1, the County does not discriminate against faith-based organizations.

11. NON-DISCRIMINATION: By submitting a bid/proposal/quote/statement of work,…