INVITATION TO BID

ITB-2026140

BOSCAWEN STREET PEDESTRIAN MALL IMPROVEMENTS

City of Winchester

Rouss City Hall 15 North Cameron Street

Winchester, VA 22601

RELEASE DATE: August 26, 2026

DEADLINE FOR QUESTIONS: September 16, 2026

RESPONSE DEADLINE: September 23, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/winchesterva https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Winchester

Public Services

ITB #ITB-2026140

Boscawen Street Pedestrian Mall Improvements

Wednesday, August 26, 2026

TABLE OF CONTENTS

I. INTRODUCTION

II. INVITATION TO BID

III. SCOPE OF WORK

IV. INSTRUCTIONS TO BIDDERS

V. BID FORM

VI. BID TABLE

VII. CITY REQUIRED GENERAL TERMS AND CONDITIONS

VIII. GENERAL CONDITIONS

IX. SUPPLEMENTAL CONDITIONS TO GENERAL CONDITIONS

X. SPECIAL CONDITIONS

Attachments:

A - PERFORMANCE BOND & LABOR AND MATERIAL PAYMENT BOND

B - General Conditions

C - VDOT Supplemental Forms

D - 2601010-BoscawenStImprovements-SitePlan-Base - 08-26-26_Final

E - September 2026 Specifications

F - City Hall Sidewalk Replacement Exhibit

G - Conduit Installation Detail Schematic

ITB #ITB-2026140

1. INTRODUCTION

The City, founded in 1744, is the oldest Virginia City west of the Blue Ridge Mountains. Located at the northern entrance to the Shenandoah Valley, the City is the medical, commercial governmental and financial center for the surrounding area, and is the county seat of Frederick County.

The City encompasses 9.3 square miles and is located at the crossroads of U.S. Highways 11, 17, 50, 522, Interstate 81 and State Route 7. Interstate 66, terminating 11 miles south of the City at Interstate 81, provides a third transportation artery to Washington, D.C., 72 miles to the southeast. The City's population is currently estimated at slightly over 29,000.

1.1. Summary

The purpose of this ITB is to solicit bids from qualified contractors to provide all labor, equipment, parts, supplies, tools, transportation and materials necessary to provide: updates to existing drainage, sidewalks, pavement, and landscape to improve the downtown pedestrian mall in the City of

Winchester.

1.2. Contact Information

Project Contact:

Kelly Henshaw

Deputy Public Services Director & City Engineer

Email: kelly.henshaw@winchesterva.gov

Phone: (540) 773-1355

Procurement Contact:

Kelly Feltner

Purchasing Agent

Email: kelly.feltner@winchesterva.gov

Phone: (540) 667-2083

Department:

Public Services

Department Head:

Perry Eisenach

Public Services Director

1.3. Timeline

ITB Release Date August 26, 2026 mailto:kelly.henshaw@winchesterva.gov tel:(540)773-1355 mailto:kelly.feltner@winchesterva.gov tel:(540)667-2083

Pre-Bid Conference (Non-Mandatory) September 9, 2026, 11:00am

Pre-Bid Meeting will be held online via Microsoft

TEAMS at the following link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkZTY4MDUtYzgyYS00ZjFm

LTg4ZjktZTcyNzYxMmY4MWM3%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22d8343b2f-58a5-

43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa

-f03e-40f5-bd20-99a88e84bbf6%22%7d

Bidder Question Submission Deadline September 16, 2026, 5:00pm

Bids Due September 23, 2026, 2:00pm

Bid Opening will take place online via Microsoft

TEAMS at the following link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWViZThmNjktYmZmNi00MT

UwLWEyYjMtMGEyNjc3ZjQ0NzEz%40thread.v2/0?

context=%7b%22Tid%22%3a%22d8343b2f-58a5-

43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa

-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkZTY4MDUtYzgyYS00ZjFmLTg4ZjktZTcyNzYxMmY4MWM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkZTY4MDUtYzgyYS00ZjFmLTg4ZjktZTcyNzYxMmY4MWM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkZTY4MDUtYzgyYS00ZjFmLTg4ZjktZTcyNzYxMmY4MWM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkZTY4MDUtYzgyYS00ZjFmLTg4ZjktZTcyNzYxMmY4MWM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkZTY4MDUtYzgyYS00ZjFmLTg4ZjktZTcyNzYxMmY4MWM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkZTY4MDUtYzgyYS00ZjFmLTg4ZjktZTcyNzYxMmY4MWM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkZTY4MDUtYzgyYS00ZjFmLTg4ZjktZTcyNzYxMmY4MWM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWViZThmNjktYmZmNi00MTUwLWEyYjMtMGEyNjc3ZjQ0NzEz%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWViZThmNjktYmZmNi00MTUwLWEyYjMtMGEyNjc3ZjQ0NzEz%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWViZThmNjktYmZmNi00MTUwLWEyYjMtMGEyNjc3ZjQ0NzEz%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWViZThmNjktYmZmNi00MTUwLWEyYjMtMGEyNjc3ZjQ0NzEz%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWViZThmNjktYmZmNi00MTUwLWEyYjMtMGEyNjc3ZjQ0NzEz%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWViZThmNjktYmZmNi00MTUwLWEyYjMtMGEyNjc3ZjQ0NzEz%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWViZThmNjktYmZmNi00MTUwLWEyYjMtMGEyNjc3ZjQ0NzEz%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d

2. INVITATION TO BID

Wednesday, August 26, 2026

Boscawen Street Pedestrian Mall Improvements

ITB-2026140

The City of Winchester (“City”) is submitting this Invitation to Bid (“ITB”) to establish a contract with qualified Contractors furnishing all labor, equipment, transportation and materials necessary for the following project:

Boscawen Street Pedestrian Mall Improvements

Work includes: updates to existing drainage, sidewalks, pavement, and landscape to improve the downtown pedestrian mall in the City of Winchester.

A non-mandatory pre-bid meeting will be held on Wednesday, September 9, 2026, at 11:00 am at the

Pre-Bid Meeting will be held online via Microsoft TEAMS at the following link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTRkZTY4MDUtYzgyYS00ZjFmLTg4ZjktZTcyNzYxMmY4MWM3%40thread.v2/0?cont ext=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d.

Bidders are highly encouraged to attend.

Contract documents, specifications and drawings may be obtained on Portal. Bidders shall navigate to the City’s e-Procurement Portal (“Portal”) using this link, https://secure.procurenow.com/portal/winchesterva, find and open this ITB, and click “Follow” to become a prospective bidder for this ITB. Offerors should also register on the Portal to receive automated notifications for upcoming solicitations.

Bidders should carefully examine the specifications and fully inform themselves as to all conditions and matters, which would in any way, affect the equipment/materials/service or cost thereof. Should a bidder find discrepancies in, or omissions from the specifications or ITB, bidder shall use the Question and Answer (“Q&A”) tab on the Portal to submit all inquiries before 5:00 pm on Wednesday, September

16, 2026. All appropriately submitted questions will be answered in writing on the Portal. Only questions answered on the Portal, located in the Q&A tab, oral and other interpretations or classifications will be without legal effect.

The City will accept sealed bids until 2:00 pm on Wednesday, September 23, 2026 online via the Portal, https://secure.procurenow.com/portal/winchesterva, at which time bids shall be publicly opened. Bids are to be submitted online via the Portal only. Bids submitted in any other format, including but not limited to, hard copy (mailed or hand delivered), facsimile, or by email will not be accepted, nor considered for award.

Bids will be received only from Contractors who are registered in the Commonwealth of Virginia and are pre-qualified for similar work by the Virginia Department of Transportation.

Each Bid shall also be accompanied by a satisfactory Bid Guarantee in the amount of 5% of the bid, in the form of a certified or cashier's check drawn on a bank chartered under the laws of the

Commonwealth of Virginia; payable to the Treasurer of the City of Winchester, or a Bid Bond, as a guarantee that the bidder will within fifteen (15) days after the date of the award of the Contract, execute an agreement and file insurance as required by the Contract Documents if his proposal is accepted. If the successful bidder fails to execute and file the agreement and insurance, the amount of the Bid Guarantee shall be forfeited. Bids without a satisfactory Bid Guarantee shall be rejected.

Performance and Payment Bonds will be required of the successful bidder, each in an amount equal to one hundred (100) percent of the amount of the Contract, conditioned upon the faithful performance of the Contract and to the payment in full to all persons furnishing labor, materials, equipment, etc., for and in connection with the work to be performed under the contract. A Builder's Risk policy will also be required to be provided by the successful bidder.

Bidder desiring to withdraw his bid after the bid opening procedure, shall give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure. Bidder shall submit to the City his original work papers; documents and materials used in preparation of the bid sought to be withdrawn. Bidder withdrawing his bid that does not meet these requirements shall forfeit their bid bond.

The City of Winchester reserves the right to reject any proposal for failure to comply with all requirements of this notice or any of the Contract Documents; however, it may waive any minor defects or informalities at its discretion. The City further reserves the right to reject any and all proposals or to award a contract that in its judgment is in the best interest of the City.

CITY OF WINCHESTER, VIRGINIA

BY: Kelly Feltner, Purchasing Agent

3. SCOPE OF WORK

3.1. General

The scope of work consists of the following:

• Demolition and Disposal of Existing Sidewalks, Curb & Gutter, and Asphalt Paving

• Installation of New Brick/Paver Sidewalks and Concrete Curb & Gutter

• Asphalt Millling and Street Repaving

• Stormwater Infrastructure

• New Planters with Seat Walls

• Installation of New PVC Conduit

• New Gateway Arches and Fountains

• Removable Bollards

• Landscaping

4. INSTRUCTIONS TO BIDDERS

4.1. OWNER AND ENGINEER

The Owner is the City of Winchester, Virginia, which shall be represented by the Director of Public

Services or his designee who shall perform the duties of the Engineer. Telephone: Department of Public

Services, (540) 773-1355.

4.2. COPIES OF CONTRACT DOCUMENTS

A. Bidding Documents may be examined and downloaded from the City’s website at https://secure.procurenow.com/portal/winchesterva at no charge.

B. Complete set of Bidding Documents shall be used in preparing bids; neither the Owner nor the

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer in making copies of Bidding

Documents available on the above terms do so only for the purpose of obtaining bids on the

Work and do not confer a license or grant for any other use.

4.3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Before submitting a bid, each bidder must examine the Contract Documents thoroughly, visit the site to familiarize himself with local conditions that may in any manner affect cost, progress, or performance of the work, familiarize himself 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 his bid, each bidder will, at his own expense, make such additional investigations and tests as the bidder may deem necessary to determine his 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 his own borings or making any investigations he requires to establish subsurface conditions in the area of this Contract. The City 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 he has 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 City because of any estimate, tests or representations made by any officer or agent of the City, 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.

4.4. SPECIFICATIONS

The technical specifications for the project are provided within this contract document. If not specifically addressed within these technical specifications provided, the following specifications shall apply:

A. VDOT 2020 Road & Bridge Specifications, or most recent Edition

B. City of Winchester Standards Manual

4.5. QUESTIONS

All questions about the discrepancies or ambiguities in the Contract Documents prior to the bid opening shall be submitted in writing via the Portal under the Questions & Answers ("Q&A") tab for this project.

Replies to questions will be issued Via the Portal and emailed to all parties that appear on the Follower's

List in the Portal.

Questions received less than five (5) calendar days prior to the date for opening of bids may not be answered. Only questions answered via the Portal, located in the Q&A tab, will be binding, and shall be considered part of the awarded contract.

4.6. REQUIRED BOND - BID GUARANTEE

A. Bid Guarantee shall be made payable to Owner, in an amount of five percent (5%) of the bidder's maximum bid price and in a form of a certified or cashier's check drawn on a bank chartered under the laws of the Commonwealth of Virginia; payable to the Treasurer, City of

Winchester, or a Bid Bond issued by a surety having registered resident agents in Virginia.

B. The Bid Guarantee of the successful bidder will be retained until such bidder has executed the

Agreement and furnished the required Contract Security, whereupon it will be returned. If the successful bidder fails to execute the agreement and furnish the required Contract Security within fifteen (15) calendar days of the Notice of Award, Owner may annul Notice of Award and the Bid Guarantee of the bidder will be forfeited.

4.7. REQUIRED BONDS – PAYMENT AND PERFORMANCE

Performance and Payment Bonds will be required of the Successful bidder, each in an amount equal to one hundred percent (100%) of the amount of the Contract, conditioned upon the faithful performance of the Contract and to the payment in full to all persons furnishing labor, materials, equipment, etc., for and in connection with the work to be performed under the Contract.

4.8. CONTRACT TIME

Construction work shall begin on January 4, 2027, and Contractor agrees that all work shall be completed within the following schedule:

Activity Completion Deadline

Substantial Completion of Underground Infrastructure and Brick/Paver

Sidewalks

April 21, 2027

Substantial Completion of Planters, Gateway Arches, Fountains, and

Landscaping

June 30, 2027

Substantial Completion of Paving July 15, 2027

Final Completion and Acceptance August 2, 2027

Owner and Contractor recognize that the time is of essence in this Contract, and if the work is not completed within the specified times outlined above, plus any extensions allowed, then the Contractor shall pay, as liquidated damages, $1,000.00 for each calendar day that expires after the specified completion date.

The City shall pay the Contractor an incentive of $1,000 per calendar day for completion of all items prior to the July 15, 2027 deadline.

4.9. PAYMENT PROCEDURE

A. The basis for payment shall be the actual percentage of work completed, as determined in the field by the Engineer.

4.10. SUBCONTRACTORS

A. The apparent successful bidder and any other bidder so requested, will within seven (7) days after the day of bid opening submit to Owner a list of all subcontractors and other persons and organizations, including those who are to furnish the principal items of material and equipment, proposed for the work. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person, and organization. If Owner or Engineer, after due investigation has reasonable objection to any proposed subcontractor, other person or organization, either may before giving the Notice of Award request the apparent successful bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful bidder declines to make any such substitution, the Contract shall not be awarded to such bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Bond.

Any subcontractor, other person, or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer.

4.11. SUBSTITUTE MATERIAL AND EQUIPMENT

A. Whenever it is indicated in the Contract Documents that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered until after the Effective Date of the

Contract Agreement. The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions.

4.12. PREPARATION OF BID

A. The #BID FORM and #BID TABLE are included in these Specifications, and may not be altered in any way.

B. Bid Forms and Bid Tables must be completed electronically.

C. A bidder shall execute his Bid as stated below:

1. A Bid by an individual shall show his name and official address.

2. A Bid by a partnership must be executed in the partnership name and signed by a partner.

His title must appear under his signature and the official address of the partnership shall be shown.

3. A Bid by a corporation must be executed in the corporate name by an officer of the corporation and must be accompanied by a certified copy of the resolution of the board of directors authorizing the person signing the Bid to do so on behalf on the corporation. The corporate seal shall be affixed and attested by the secretary. The state of incorporation and the official corporate address shall be shown.

4. All names must be printed below the signature.

5. Contractor's license or registration number shall be entered in the space provided on the

Bid Form.

D. A bidder or offeror 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 or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror 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 of the Code of Virginia or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Any bidder or offeror described herein that fails to provide the required information may not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this section is granted by the City Manager. The SCC may be reached at (804) 371-9733 or at http://www.scc.virginia.gov/default.aspx.

E. Bidder shall make acknowledgement of receipt of all Addenda as part of their bid response.

4.13. SUBMISSION OF BIDS

A. Bids shall be submitted before the deadline via the Portal as indicated in the Invitation to Bid.

B. It is the sole responsibility of the Bidder to insure that their Bid is submitted timely via the Portal before the bid due date and time. Late bids will not be accepted. Failure of the Bidder to successfully submit an electronic bid before the deadline indicated herein shall be at the https://secure.procurenow.com/portal/winchesterva/projects/285600/document?section=2752782 https://secure.procurenow.com/portal/winchesterva/projects/285600/document?section=2752777 http://www.scc.virginia.gov/default.aspx

Bidder’s sole risk, and no relief will be given for late and/or improperly submitted bids. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Bidder will also receive an email confirmation from the Portal. The

City will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the City, nor

OpenGov, the Software Administrator, will be held responsible. Bidders shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the

Bidder is using to submit a response.

C. Bids by telephone, facsimile, email, hard copy (mailed or hand delivered) or other forms shall not be accepted.

4.14. MODIFICATION AND WITHDRAWAL OF BIDS

A. Bids may be modified or withdrawn electronically on the Portal at any time prior to opening of the bids. It is the Bidder's sole responsibility to un-submit their response and re-submit appropriately if changes need to be made to their Bid prior to the deadline.

B. No bidder may withdraw his bid within thirty (30) calendar days after the actual date of the bid opening, except as allowed by the Code of the City of Winchester, Virginia, Section 21-43(a), which states "the Bidder shall give notice in writing of his claim of rights to withdraw this bid within two (2) business days after the conclusion of the bid opening procedure". Bidder shall submit to the Owner his original work papers, documents and materials used in preparation of his bid sought to be withdrawn.

4.15. OPENING OF BIDS

A. Bids shall be opened publicly, and will be read aloud at the time and location indicated on the

Invitation to Bid. An abstract of the amounts of the Bids shall be made available after the opening of bids.

B. All bids shall remain open for sixty (60) days after the day of the bid opening, but Owner may, in his sole discretion, release any bid and return the Bid Bond prior to that date.

4.16. AWARD OF CONTRACT

A. Owner reserves the right to reject any and all bids, to waive any and all informalities, and the right to disregard all nonconforming, nonresponsive, or conditional bids. Discrepancies between words and figures shall be resolved in favor of words. Discrepancies between indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

B. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible bidder whose evaluation by the Owner indicates that the award will be in the best interest of the Project and the City. Discounts for prompt payment, liquidated damages, and cash incentives will not be part of the award.

4.17. SIGNING OF CONTRACT

Owner shall give Notice of Award to the successful bidder accompanied by at least three (3) unsigned counterparts of the Contract and all other Contract Documents. Within fifteen (15) days thereafter, Contractor shall sign and deliver at least three (3) counterparts of the Contract to the Owner with all other Contract Documents attached. Within ten (10) days thereafter, Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and shall ensure that all parties appropriately execute all required portions of the contract immediately.

4.18. BUILDER'S RISK POLICY

A Builder's Risk "all risk" or open peril or special causes of loss policy will be required of the Successful bidder that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and

Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. The value of the Builder's Risk policy for this project shall be $3 million and shall list the City of Winchester as an additional insured.

5. BID FORM

5.1. BID FORM CONFIRMATION*

In submitting this Bid, bidder acknowledges that the bidder has examined copies of the following

Contract Documents:

BIDDING DOCUMENTS

• Invitation to Bid

• Instructions to Bidders

• Bid Form o Contractor Qualification Data Sheet, if included in Bid Form o Bid Bond o Non-Collusion Affidavit

• Performance Bond

• Labor and Material Payment Bond

• City of Winchester Required General Terms and Conditions

• General Conditions

• Supplement to General Conditions

• Special Terms and Conditions

TECHNICAL SPECIFICATIONS

DRAWINGS

ADDENDA

BID ITEMS/QUANTITIES (BID TABLE)

☐ Please confirm

*Response required

5.2. FIN or FEI Number if Company, Corporation or Partnership*** (if individual, enter Social Security Number)

*Response required

5.3. VDOT Prequalification*

Please provide your VDOT Prequalification Number here.

*Response required

5.4. Bid Guarantee*

Each Bid shall also be accompanied by a satisfactory Bid Guarantee in the amount of 5% of the bid, in the form of a certified or cashier's check drawn on a bank chartered under the laws of the

Commonwealth of Virginia; payable to the Treasurer of the City of Winchester, or a Bid Bond, as a guarantee that the bidder will within fifteen (15) days after the date of the award of the Contract, execute an agreement and file insurance as required by the Contract Documents if his proposal is accepted. If the successful bidder fails to execute and file the agreement and insurance, the amount of the Bid Guarantee shall be forfeited. Bids without a satisfactory Bid Guarantee shall be rejected.

Download the following document, and then submit the fully executed copy here.

• BID_BOND.docx

*Response required

5.5. Non-Collusion Affidavit*

Please download the below document, and then submit the fully executed copy here.

• NON-COLLUSION_AFFIDAVIT.docx

*Response required https://government-project.s3.us-west-2.amazonaws.com/21282/8d83fd65-9f48-414a-b981-b6fbba98ace9_BID_BOND.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4EKIUKEP5%2F20260909%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260909T154908Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEKf%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJGMEQCIDjvW5aJz%2BGkZ0IoP7Vjf%2BNbsgptIOl7VdWbyevky6iHAiAqIwgXMLy%2BYufY6S%2BEFbgzP3RQlFWOQCztr3PteW8aBiqMBQhvEAIaDDg5MjM2NDY4NzY3MiIMFsW0LgzQ0ABUl5dWKukEQDT3XL3Qeo0402DitlkplZ6Qzxs77ABIKm2DRQF1eb23RWKpOhYBvPpfJ89FlXjhx8%2FDNNslKuUNZrGkmdGvtcXnT95G4P5hLNOM6eFUbSntvPkFk64c5QxHjuj124fz2drjrAUoZgXwjGn8aB6LaqFVfmWzkUPYGMm4DHeNcxH%2BDQ7BcPxeEiHvj6m0p%2FtkEkAdri0SHmhLsj%2FBiNS5QRyllJPirDujY8Qlri22DdTbzu0amwl%2BzyVAL9cUgNK%2BrfAaqIJddMCa34IQGywIfDkXgtl0xJQnHMLYBWxuHnI%2BsVZ1X1DE8ZTi%2Bsf0l1CNbco6%2B5EqFo2UoSXalgUWaPVb7cSqmBO8IRJxzeXPKKl45HfsMmHWX3Gm%2BMgpmrB4yv3B24DBOweRH0Jp3jQKwG0aszIwOi1usP6fFMM9CxOnoGu40lNXSrxWjdVxMdyvdFSL5lMK1KkC3CZDBljWZ5QqmnxXjcerrIVKkBfcZR9PVe0Q%2B5TGYARSCZyXY%2FF%2FDjWrkx51bDG5FJrr0rY6fKkfAdChjahNejfNZ7wIJfLvM%2BDtUNiSibVn48IvD86EK51qVGfmQpMUFMB8L7QvnNRWGHFguvt4G0AmA7eBz%2BSXnXo%2FQfWep2f%2FsTiX%2FWEy7k6f4ttqW7YVvCaVte2UpARjXxshhf7BpHByBr7ZqnwW9DQODP9WAm%2BNFv2iucZPNUiBd1Uv0NsoRfUdBv6bvXm97wNI5cSHr7aVOJoM0X9CtiL0TUIjP6OADtHipY1%2BnGeDEIqKuPfzUsfhq%2Fx6l%2BMeEIIsw1BHWm7kF5OWnVkVJGU2mOQyhFYw1duF1QY6mgH4OXTPks13tCRuh31xQua3el2rsYh1HTlYWhisYTRc4IQ9eSsd0b1cViALY6R2JVT8uabb2KDDVNR4herlK8z2Gd6uCZE3jUeVmMjHNLq2Rib%2BQvzEAZi9%2BrjCyC%2FfzgYv%2FRmBEGKpQayuRdSD1HUk%2F9YCSp%2FkwymEPiMB5DxqGTt3kQvJghO3TUE9T1K9hXho%2FXDC1WAVTMQ2&X-Amz-Signature=53e7c16192ea38fa65b1108b6d9624f85254f158df3f70fd33b5761da44a50d2&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22BID_BOND.docx%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/21282/a0d6348e-9589-44da-b59b-622e663b0ddc_NON-COLLUSION_AFFIDAVIT.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4EKIUKEP5%2F20260909%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260909T154908Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEKf%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJGMEQCIDjvW5aJz%2BGkZ0IoP7Vjf%2BNbsgptIOl7VdWbyevky6iHAiAqIwgXMLy%2BYufY6S%2BEFbgzP3RQlFWOQCztr3PteW8aBiqMBQhvEAIaDDg5MjM2NDY4NzY3MiIMFsW0LgzQ0ABUl5dWKukEQDT3XL3Qeo0402DitlkplZ6Qzxs77ABIKm2DRQF1eb23RWKpOhYBvPpfJ89FlXjhx8%2FDNNslKuUNZrGkmdGvtcXnT95G4P5hLNOM6eFUbSntvPkFk64c5QxHjuj124fz2drjrAUoZgXwjGn8aB6LaqFVfmWzkUPYGMm4DHeNcxH%2BDQ7BcPxeEiHvj6m0p%2FtkEkAdri0SHmhLsj%2FBiNS5QRyllJPirDujY8Qlri22DdTbzu0amwl%2BzyVAL9cUgNK%2BrfAaqIJddMCa34IQGywIfDkXgtl0xJQnHMLYBWxuHnI%2BsVZ1X1DE8ZTi%2Bsf0l1CNbco6%2B5EqFo2UoSXalgUWaPVb7cSqmBO8IRJxzeXPKKl45HfsMmHWX3Gm%2BMgpmrB4yv3B24DBOweRH0Jp3jQKwG0aszIwOi1usP6fFMM9CxOnoGu40lNXSrxWjdVxMdyvdFSL5lMK1KkC3CZDBljWZ5QqmnxXjcerrIVKkBfcZR9PVe0Q%2B5TGYARSCZyXY%2FF%2FDjWrkx51bDG5FJrr0rY6fKkfAdChjahNejfNZ7wIJfLvM%2BDtUNiSibVn48IvD86EK51qVGfmQpMUFMB8L7QvnNRWGHFguvt4G0AmA7eBz%2BSXnXo%2FQfWep2f%2FsTiX%2FWEy7k6f4ttqW7YVvCaVte2UpARjXxshhf7BpHByBr7ZqnwW9DQODP9WAm%2BNFv2iucZPNUiBd1Uv0NsoRfUdBv6bvXm97wNI5cSHr7aVOJoM0X9CtiL0TUIjP6OADtHipY1%2BnGeDEIqKuPfzUsfhq%2Fx6l%2BMeEIIsw1BHWm7kF5OWnVkVJGU2mOQyhFYw1duF1QY6mgH4OXTPks13tCRuh31xQua3el2rsYh1HTlYWhisYTRc4IQ9eSsd0b1cViALY6R2JVT8uabb2KDDVNR4herlK8z2Gd6uCZE3jUeVmMjHNLq2Rib%2BQvzEAZi9%2BrjCyC%2FfzgYv%2FRmBEGKpQayuRdSD1HUk%2F9YCSp%2FkwymEPiMB5DxqGTt3kQvJghO3TUE9T1K9hXho%2FXDC1WAVTMQ2&X-Amz-Signature=89fd0e20b474ba08bdcf4c7d51c1ac5b1c12ba7ebadb51ebb3b8a3447eea718d&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22NON-COLLUSION_AFFIDAVIT.docx%22&x-id=GetObject

6. BID TABLE

A. The Contractor shall provide all unit prices or lump sum prices for all bid items on the Bid Table herein. If a unit price or lump sum price is omitted or left blank the bid and bidder shall be non-responsive. The bid forms designate which prices are for Install only work, complete and in place, (i.e. assumes equipment and/ or materials will be supplied by the City). All other bid prices are for Furnish and Install work, complete and in place.

B. The quantities shown for unit bid items are based upon the best information available at time of preparation of these bid documents, and are established for the purpose of obtaining a bid price. No adjustments to the bid prices based on changes to quantities will be considered. All bid prices will be held throughout the duration of the contract regardless of any increase or decrease in bid quantity.

C. Emergency work shall be negotiated with a maximum allowable amount of 50% over the bid price by item. This excludes all lump sum bid items.

D. All other bid items not listed or described in the Contract Documents will be negotiated between the City and the Contractor before the time of need. Once a negotiated price is established, it will be used for the remainder of the contract.

The undersigned Bidder proposes to complete all work in accordance with the Contract Documents for the following unit prices:

TABLE 1

Line Item Spec No. VDOT Item

No.

Description Quantity Unit of

Measure Unit Cost Total

General

1 VDOT 513 513SD20-

Mobilization (Maximum of 3% of Total

Price)

1 LS

2 Contract

Spec ATTD Maintenance of Traffic 1 LS

3 Contract

Spec ATTD Construction Surveying 1 LS

4 Contract

Spec ATTD As-built Drawings 1 LS

Demolition/Removal

5 Contract

Spec ATTD Demolition of Existing Concrete Curb/Curb

& Gutter, Includes Disposal

2,500 LF

6 Contract

Spec ATTD Demolition of Existing Asphalt or Concrete, Includes Disposal

1,600 SY

Line Item Spec No. VDOT Item

No.

Description Quantity Unit of

Measure Unit Cost Total

7 Contract

Spec ATTD Storm Drain Structure removal - 193-64 1 EA

8 Contract

Spec ATTD Tree Removal, Includes Disposal 5 EA

Erosion and Sediment Control

9 Contract

Spec ATTD Erosion and Sediment Control 1 LS

Site Improvements

10 Contract

Spec ATTD Standard Curb, CG-2 2,500 LF

11 Contract

Spec ATTD Combination Curb & Gutter, CG-3 modified

12" width

30 LF

12 Contract

Spec ATTD Combination Curb & Gutter, CG-6 150 LF

13 Contract

Spec ATTD Brick Sidewalk (City of Winchester Std. SW-

4), 4"x8"

1,500 SY

14 Contract

Spec ATTD Detectable Warning surface CG-12 10 SY

15 Contract

Spec ATTD Concrete Paver Sidewalk (on Concrete

Base), 12" Square

500 SY

16 Contract

Spec ATTD Brick Paver Sidewalk (on Concrete Base), 8"

Square

100 SY

17 Contract

Spec ATTD Brick Paver Pedestrian Mall Sidewalk (on

Concrete Base), 4"x8"

850 SY

18 VDOT 515 Milling, VDOT Section 515 (1.5" -2" depth) 1,800 SY

19 VDOT 315 Asphalt Concrete Surface Course, VDOT

SM-9.5AL

225 TONS

20 VDOT 315 Asphalt Concrete Base Course, VDOT BM-

10 TONS

21 VDOT 309 Stone Subbase Course, VDOT 21-B 50 TONS

22 Contract

Spec ATTD Roof Drain Pipe, 6" PVC 250 LF

Description Quantity Unit of

Measure Unit Cost Total

23 Contract

Spec ATTD Trench Drain with Solid Cover - 12" 15 LF

24 Contract

Spec ATTD Basement Door Replacement 5 EA

25 Contract

Spec ATTD Raised Crosswalk (spec & detail plan sheet

C.12)

1 LS

26 Contract

Spec ATTD Decorative Thermoplastic Crosswalk 130 SY

Rock

27 Contract

Spec ATTD Rock Excavation 1,000 CY

Landscaping

28 Contract

Spec ATTD Trees- Kentucky Coffeetree 'espresso' 2 EA

29 Contract

Spec ATTD Trees- Ginko biloba 'autumn gold' 5 EA

30 Contract

Spec ATTD Trees- Bald Cypress 3 EA

31 Contract

Spec ATTD Trees- Black Gum 'Tupelo tower' 1 EA

32 Contract

Spec ATTD Trees- Swamp chestnut oak 1 EA

33 Contract

Spec ATTD Watering 1 LS

34 Contract

Spec ATTD Landscaping - City Hall Landscape Plan 1 LS

35 Contract

Spec ATTD Irrigation System 1 LS

Storm Drainage

36 Contract

Spec ATTD Storm Sewer Pipe , 15" RCP 250 LF

37 Contract

ATTD Storm Sewer Pipe, 15" HDPE 160 LF

Description Quantity Unit of

Measure Unit Cost Total

38 Contract

Spec ATTD Storm Sewer Pipe - 23" x 14" RCP 375 LF

39 Contract

Spec ATTD Storm Sewer Pipe - 48" RCP 60 LF

40 Contract

Spec ATTD Storm Sewer Structure 193-64C - SD-5, L=6' 1 EA

41 Contract

Spec ATTD Storm Sewer Structure 193-64B - DI-3B, L=12'

1 EA

42 Contract

Spec ATTD Storm Sewer Structure 193-64 - SD-5, L=6' 1 EA

43 Contract

Spec ATTD Storm Sewer Structure 193-66A -DI-3B, L=6'

1 EA

44 Contract

Spec ATTD Storm Sewer Structure 193-63 -SD-5, L=10' 1 EA

45 Contract

Spec ATTD Storm Sewer Structure 193-17A, -SD-5, L-4' 1 EA

46 Contract

Spec ATTD Storm Sewer Structure 193-63A- SD-5, L=10'

1 EA

47 Contract

Spec ATTD Storm Sewer Structure 193-62 - SD-5, L=4' 1 EA

48 Contract

Spec ATTD Storm Sewer Structure 193-62X - MH-1 1 EA

49 Contract

Spec ATTD Storm Sewer Structure 193-15 - MH-1 1 EA

50 Contract

Spec ATTD Storm Sewer Structure 193-12- DI-1 1 EA

51 Contract

Spec ATTD Storm Sewer Structure 193-57 - DI-1 1 EA

52 Contract

Spec ATTD Storm Sewer Manhole Frame and Cover 4 EA

Waterline

53 Contract

ATTD Watermain, 8" DIP, CL 52 175 LF

Description Quantity Unit of

Measure Unit Cost Total

54 Contract

Spec ATTD Gate Valve & Box, 8" 2 EA

Miscellaneous

55 Contract

Spec ATTD Underground Conduit, 3" Schedule 80 PVC 250 LF

56 Contract

Spec ATTD Underground Conduit, 1" Schedule 40 PVC 250 LF

57 Contract

Spec ATTD Underground Conduit, 2" Schedule 40 PVC 250 LF

58 Contract

Spec ATTD Underground Conduit, 3" Schedule 40 PVC 80 LF

59 Contract

Spec ATTD Junction Box-Quazite Box,Polymer

Concrete, 12x12

11 EA

60 Contract

Spec ATTD Junction Box - Quazite Box, Polymer

Concrete, 24x26

1 EA

60 Contract

Spec ATTD Flagpole 1 EA

61 Contract

Spec ATTD Parking Meter Post Replacement 4 EA

62 Contract

Spec ATTD Gateway Stuctures, East 1 EA

63 Contract

Spec ATTD Gateway Stuctures, West 1 EA

64 Contract

Spec ATTD Light Pole 1 EA

61 Contract

Spec ATTD Fountains 2 EA

65 Contract

Spec ATTD Seat Wall 750 LF

66 Contract

Spec ATTD Removable Bollards 11 EA

67 Contract

ATTD Snow Removal 24 IN

Description Quantity Unit of

Measure Unit Cost Total

TOTAL

7. CITY REQUIRED GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are required for all sealed and unsealed written or verbal solicitations issued by the City of Winchester for procurements that are subject to the Winchester City

Code unless changed, deleted or revised by the City Attorney.

7.1. APPLICABLE LAWS AND COURTS

This solicitation and any resulting contract shall be governed by the laws of the Commonwealth of

Virginia. Any dispute arising from the performance or non-performance of this Agreement shall be resolved or otherwise litigated in the Circuit Court for the City of Winchester, Virginia or the Fourth

Circuit Federal District Court in Harrisonburg, Virginia. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute following the Winchester City Code, Chapter 21-61. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

7.2. ANTI-DISCRIMINATION

By submitting their (bids/proposals), (bidders/offerors) certify to the City of Winchester that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair

Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. 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, national origin, age, disability, status as a service disabled veteran, status as a military family, or any other basis prohibited by state law relating to discrimination in employment, except where there 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 these requirements.

B. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

7.3. ETHICS IN PUBLIC CONTRACTING

By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their

(bid/proposal), 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.

7.4. IMMIGRATION REFORM AND CONTROL ACT OF 1986

By submitting their (bids/proposals), (bidders/offerors) certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

7.5. DEBARMENT STATUS

By submitting their (bids/proposals), (bidders/offerors) certify that they are not currently debarred by the Federal Government, Commonwealth of Virginia, or by any City, Town or County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

7.6. ANTITRUST

By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City of Winchester all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City of Winchester under said contract.

7.7. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS

Failure to submit a bid/proposal on the official City form provided for that purpose may be a cause for rejection of the bid/proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the bid/proposal; however, the City of Winchester reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid/proposal.

7.8. CLARIFICATION OF TERMS

If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the Purchasing Agent, or designee.

7.9. PAYMENT

A. To Prime Contractor:

1. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

3. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which department is being billed.

4. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail.

5. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the City of Winchester shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

B. To Subcontractors:

1. A contractor awarded a contract under this solicitation is hereby obligated:

a. To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the City of Winchester for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

b. To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

2. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the City of Winchester, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the City of Winchester.

7.10. PRECEDENCE OF TERMS

The following General Terms and Conditions APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

STATUS, ANTITRUST, MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS, CLARIFICATION

OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the

Special Terms and Conditions shall apply and take precedence.

The City’s procurement and Contractor’s response shall form part of the Contract. In the case of conflicts, discrepancies, errors or omissions among the City’s procurement, the Contractor’s response, and the main body of the Contract, the documents and amendments to them shall take precedence and govern in the following order:

A. Contract

B. City’s Procurement Document(s)

C. Contractor’s Response

D. Other Documents

7.11. TESTING AND INSPECTION

The City of Winchester reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

7.12. ASSIGNMENT OF CONTRACT

A contract shall not be assignable by the contractor in whole or in part without the written consent of the City of Winchester.

7.13. SEVERABILITY OF CONTRACT

In the event that any provision shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding and in full force and effect.

7.14. CHANGES TO THE CONTRACT

A. A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than the amounts set forth in Va. Code §

4309 as amended, without the advance written approval of the City Council. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of an offeror from the consequences of an error in its bid or offer (Winchester City Code 21-44).

B. Changes can be made to the contract in any of the following ways:

1…