REQUEST FOR PROPOSAL

RFP-2026145

PHASE I - DESIGN-BUILD SERVICES FOR 305 EAST PICCADILLY

STREET

City of Winchester

Rouss City Hall 15 North Cameron Street

Winchester, VA 22601

RELEASE DATE: October 8, 2026

DEADLINE FOR QUESTIONS: November 5, 2026

RESPONSE DEADLINE: November 12, 2026, 3:00 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

Economic Development

RFP #RFP-2026145

Phase I - Design-Build Services for 305 East Piccadilly Street

Thursday, October 8, 2026

TABLE OF CONTENTS

I. NOTICE TO PUBLIC

II. INTRODUCTION AND PURPOSE

III. SCOPE OF SERVICES

IV. CONTRACTOR AND EMPLOYEE QUALIFICATIONS

V. QUALITY OF EVENTS & WORK

VI. CONTRACT ADMINISTRATION

VII. ADDITIONAL SERVICES (TASK ORDERS)

VIII. SELECTION PROCEDURE & EVALUATION CRITERIA

IX. SUBMITTAL REQUIREMENT

X. QUESTIONS

XI. SPECIAL TERMS AND CONDITIONS

XII. CITY REQUIRED GENERAL TERMS AND CONDITIONS

Attachments:

A - 305 E Piccadilly St-Parcel Map

B - PERFORMANCE_BOND_&_LABOR_AND_MATERIAL_PAYMENT_BOND

RFP #RFP-2026145

1. NOTICE TO PUBLIC

NOTICE TO PUBLIC

REQUEST FOR PROPOSAL

RFP #RFP-2026145

Phase I - Design-Build Services for 305 East Piccadilly Street

The City of Winchester (“City”) Economic Development Authority will accept sealed proposals until 3:00 pm on Thursday, November 12, 2026, online via the OpenGov (“Software Administrator”) e-

Procurement Portal, https://secure.procurenow.com/portal/winchesterva (“Portal”). This Request for

Proposals (“RFP”) is for: Phase I - Design-Build Services for 305 East Piccadilly Street.

Copies of this RFP may be obtained on the Portal, https://secure.procurenow.com/portal/winchesterva, where Proposers may review and download this RFP. Offerors should also register on the Portal to receive automated notifications for upcoming solicitations. Once registered, Proposers may view and click "Follow" to be a Prospective Proposer for this RFP and will appear on the Follower’s list. Proposers that fail to Follow this project will not receive automated Addenda notifications, nor will they be able to submit a Proposal response in the Portal, and therefore will be unable to participate, nor be considered for this RFP. Proposers must click “Draft Response” to properly begin and submit a Proposal response via the Portal.

Pre-Proposal Meeting: There will be no Pre-Proposal Meeting for this RFP.

Offerors 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 of cost thereof. Should an offeror find discrepancies in or omissions from the specification or request for proposal, he/she shall use the Question and Answer (“Q&A”) tab on the Portal to submit all inquiries before 5:00 pm on Thursday, November 5, 2026. All appropriately submitted questions will be answered in writing on the Portal. Only questions answered by formal written Addenda will be binding; oral and other interpretations or classifications will be without legal effect.

The right is reserved, as the interest of the City of Winchester requires, to revise or amend the specifications prior to the date set for opening proposal; the opening date may be postponed if deemed necessary by the City’s Purchasing Agent. Such revisions and amendments, if any, will be announced by written Addenda to the specifications. In addition, the City of Winchester reserves the right to accept or reject any proposals, in whole or in part, cancel the bid at any time prior and to waive any informality.

Offeror will not be compensated for the cost of proposal preparation whether or not an award is consummated.

The City will accept responses to this RFP electronically via the Portal until 3:00 pm on Thursday, November 12, 2026. Proposals received after the scheduled due date and time for submission will not be accepted. Proposals submitted in any other format other than via the Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered.

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 the Software Administrator, will be held responsible. Proposers shall be solely responsible for ensuring the capability of their computer system while responding to this RFP, 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 Proposer is using to submit a response. Failure of the Proposer to successfully submit an electronic proposal before the deadline indicated herein shall be at the Proposer’s sole risk, and no relief will be given for late and/or improperly submitted proposals. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Proposer will also receive an email confirmation from the Portal.

2. INTRODUCTION AND PURPOSE

2.1. Summary

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 City seat of Frederick City. 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 2007 population was estimated at 26,000 with 7,650 single family attached and detached homes and over 4,000 multi-family dwelling units.

Purpose:

The Winchester Economic Development Authority (EDA) is soliciting proposals from qualified Design-

Build Contractors to provide Phase 1 design, site feasibility, code and zoning review, constructability analysis, preliminary cost estimating, utility coordination, and preconstruction services for the proposed development of a two-family residential structure at 305 East Piccadilly Street in Winchester, Virginia.

This Request for Proposal (RFP), plus the resulting agreement, shall be consistent with, and governed by the Act, the Virginia Public Procurement Act (VPPA).

Term of Contract:

The original contract term shall be one (1) year from date of award. The City reserves the right to cancel and terminate this Contract, without penalty, upon ten (10) days written notice to contractor.

2.2. Contact Information

Project Contact:

Amanda Greenacre

Project Coordinator

Email: amanda.greenacre@winchesterva.gov

Phone: (540) 313-3040

Procurement Contact:

Kelly Feltner

Purchasing Agent

Email: kelly.feltner@winchesterva.gov

Phone: (540) 667-2083

Department:

Economic Development

Department Head:

Jeff Buettner

Director mailto:amanda.greenacre@winchesterva.gov tel:(540)313-3040 mailto:kelly.feltner@winchesterva.gov tel:(540)667-2083

2.3. Timeline

RFP Distribution October 8, 2026

Question Submission Deadline November 5, 2026, 5:00pm

Proposal Submissions Due November 12, 2026, 3:00pm

Bids will be opened online via Microsoft Teams at the following link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzYyNTk4ZTctMGRkMi00N2Ey

LThmZDYtZWIwY2ViZGVhZjUx%40thread.v2/0?con text=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%225296a5

67-f90a-4580-ab0f-1c045445971a%22%7d

Proposals Reviewed and Selection of Top

Two Teams to Move to Phase 2

December 3, 2026

Submission of Phase 2 Proposals Due January 21, 2027

Award of Contract February 19, 2027 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzYyNTk4ZTctMGRkMi00N2EyLThmZDYtZWIwY2ViZGVhZjUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%225296a567-f90a-4580-ab0f-1c045445971a%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzYyNTk4ZTctMGRkMi00N2EyLThmZDYtZWIwY2ViZGVhZjUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%225296a567-f90a-4580-ab0f-1c045445971a%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzYyNTk4ZTctMGRkMi00N2EyLThmZDYtZWIwY2ViZGVhZjUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%225296a567-f90a-4580-ab0f-1c045445971a%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzYyNTk4ZTctMGRkMi00N2EyLThmZDYtZWIwY2ViZGVhZjUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%225296a567-f90a-4580-ab0f-1c045445971a%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzYyNTk4ZTctMGRkMi00N2EyLThmZDYtZWIwY2ViZGVhZjUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%225296a567-f90a-4580-ab0f-1c045445971a%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzYyNTk4ZTctMGRkMi00N2EyLThmZDYtZWIwY2ViZGVhZjUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%225296a567-f90a-4580-ab0f-1c045445971a%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzYyNTk4ZTctMGRkMi00N2EyLThmZDYtZWIwY2ViZGVhZjUx%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%225296a567-f90a-4580-ab0f-1c045445971a%22%7d

3. SCOPE OF SERVICES

3.1. Scope of Services

The scope of work for this project will include, but are not limited to, the following:

A. Development of design and construction documents for the proposed two-family residential structure, as determined necessary by the Winchester EDA and subject to review and approval.

B. Construction of the two-family residential structure and any associated site work necessary for project completion.

The proposal process for this project will consist of two phases. The phases will consist of:

• Phase 1: Proposers shall submit proposals detailing their qualifications and experience in the construction of a two-family residential structures. Proposals shall be reviewed, ranked, and the top two design-build teams will be shortlisted to move on to Phase 2.

• Phase 2: The two shortlisted design-build teams shall submit detailed proposals that include costs, schematic designs and specifications, and project schedules.

The purpose of Phase 1 is to:

1. Evaluate the qualifications and relevant experience of prospective Design-Build Contractors;

2. Confirm the feasibility of the proposed residential development on the subject property;

Phase 1 shall not constitute authorization to commence construction. Any subsequent construction services shall be subject to separate written authorization, contract execution, funding availability, and any additional procurement requirements applicable to the project.

PROJECT GOALS The following are the current details and goals for the proposed project:

A. The two-family residential structure will be a two-story structure located at 305 E Piccadilly Street, Winchester, VA 22601. See attachment A that shows the site plan for the development.

B. There will be a guaranteed maximum price for the complete project of $550,000. This will be inclusive of design, construction of the two-family residential structure, and site work.

C. The goal is to construct a two-family residential structure within the budget established.

D. The appearance of the exterior of the new two-family residential structure will need to complement the adjacent buildings and neighborhood.

E. The two-family residential structure shall be designed and constructed in full compliance with all applicable zoning regulations, building codes, ordinances, permitting requirements, and other applicable federal, state, and local requirements.

F. Time is of the essence, and the new two-family residential structure should be completed no later than the end of September 2027.

G. There will be a single contract for the entire project, inclusive of both design and construction, executed by the City of Winchester Economic Development Authority and the Prime Contractor.

PROJECT SITE

The project site is located at 305 East Piccadilly Street, Winchester, Virginia 22601.

For preliminary planning purposes, the property is understood to contain approximately 0.158 acres, or approximately 6,882 square feet. These figures are provided for preliminary planning purposes only and shall be independently verified by the Design-Builder.

The Design-Builder shall verify existing site conditions and shall not rely solely upon information contained in this solicitation.

The proposed development shall consist of one two-family residential structure containing two independent dwelling units.

The preliminary program shall be:

Item Requirement

Building Type Two-family residential structure

Number of Units Two

Total Heated Area 2,570 square feet (approx.)

Area per Unit 1,285 square feet (approx.)

Bedrooms 3 per unit

Full Bathrooms 2 per unit

Half Bathrooms 1 per unit

Architectural Character Arts and Crafts/Craftsman

Site Approximately 6,882 square feet, subject to verification

• The square footage and configuration identified above are programmatic targets rather than guaranteed dimensions. The Design-Builder may recommend reasonable modifications where necessary to satisfy zoning, building code, site constraints, constructability, cost, utility, or other requirements.

• Any proposed modification to the program shall be clearly identified and justified in the Phase 1 submission.

TOUR OF PROPERTY:

Tour of property is available upon request. Please reach out to Amanda Greenacre at 540-313-3040 or by email at Amanda.Greenacre@winchesterva.gov mailto:Amanda.Greenacre@winchesterva.gov

4. CONTRACTOR AND EMPLOYEE QUALIFICATIONS

The Contractor shall be experienced and provide documentation that their firm has experience of similar size and scope for at least Five (5) years. Complete Contractor Data Sheet.

5. QUALITY OF EVENTS & WORK

All services shall be quality work performed according to the prevailing professional, ethical and business standards of the industry and to the satisfaction of the City of Winchester. Contractor shall guarantee all work be performed in accordance with the enclosed Scope of Services, or amendment, or written directive of the City Manager or designee.

6. CONTRACT ADMINISTRATION

A. The Project Coordinator(Owner’s Representative) shall be the Contract Administrator and they may authorize a designee delegated to perform these duties as outlined: ordering, monitoring of progress, inspection and acceptance, quality assurance, invoice payment and scheduling of services.

B. Acceptance:

1. The location, department or agency has ten (10) business days from time of completion to

Accept the project work and ensure compliance to all City, state and federal guidelines and laws.

2. If work is rejected in whole or in part due to poor quality or workmanship then City shall outline in writing the problem and notify the Contractor.

3. Time requirement:

a. When the Contractor is notified in writing by the City of non-acceptance, the Contractor shall have five (5) business days to correct the problem. The Owner Representatives or designee may extend this period if agreed upon in writing by both parties.

C. Contract Officer:

1. Shall be: Amanda Greenacre, Project Coordinator, Economic Development Department.

Duties include: making decisions for dispute resolution, administering change orders and amendments, executing supplemental agreements, and authorizing contract renewal.

7. ADDITIONAL SERVICES (TASK ORDERS)

Additional Task Order assignments beyond the initial Scope of Services may be required as the City believes it to be in the best interests of the local government.

8. SELECTION PROCEDURE & EVALUATION CRITERIA

A Selection Committee composed of City officials will evaluate and rank all firms.

Firms will be evaluated and ranked in accordance with the evaluation criteria.

The Selection Committee may conduct formal interviews with the short-listed firms and based on the results of the process to this point, the highest ranked firm(s) may be invited to make a presentation to the Selection Committee.

The Selection Committee will complete the final evaluation and rank the firms as set forth in the evaluation criteria, in order to identify the firm whose professional qualifications and proposed services are deemed most meritorious per Virginia Code §2.2-4301.

Final adjustments to the criteria may be made by each member of the Selection Committee upon conclusion of the interview.

Investigations: The Selection Committee may make such reasonable investigations, as it deems proper and necessary to determine the ability of the firm to perform the work. The Selection Committee and/or its representative(s) reserve the right to inspect the firm’s physical premises prior to award to satisfy questions regarding the firm’s capabilities.

8.1. Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience and qualifications of design-build team in completing similar projects Points Based 50

(50% of Total)

2. Experience and qualifications of the project managers (design and construction) assigned to the project

Points Based 30 (30% of Total)

3. Capacity of the design-build team to complete the project on schedule Points Based 10

(10% of Total)

4. Overall quality of the proposal Points Based 10 (10% of Total)

8.2. Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Overall quality of the conceptual design and specifications in meeting the overall goals for the project.

Points Based 25 (25% of Total)

2. Guaranteed maximum price (the lower the price, the higher the score that will be awarded).

Points Based 25 (25% of Total)

3. Project schedule (the sooner the project can be completed, the higher the score that will be awarded).

Points Based 25 (25% of Total)

4. Appearance of the exterior of the two-family residential structure Points Based 25

(25% of Total)

9. SUBMITTAL REQUIREMENT

A. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the

Purchasing Agent requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the Purchasing Agent. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

B. Ownership of all data, materials and documentation originated and prepared for the City pursuant to the RFP shall belong exclusively to the City and be subjected to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to the public disclosure under the

Virginia Freedom of Information Act; however, the offeror must invoke the protections of

§2.24342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

9.1. SUBMITTAL CONTENT*

A. List of the three (3) most relevant references within the last five (5) years, including: dates, costs, and client references (include client contact person, address and phone number), preferably government agencies. B. Summary of qualifications of key individuals to be assigned to the work. A Project Manager for the design and another for the construction must be assigned. The Project Manager for the design shall be a registered Professional Engineer in the

Commonwealth of Virginia.C. Information that demonstrates that the design-build team has the capacity and resources to complete the project by the end of September in 2027. D. Verify that required insurance coverage is available (insurance certificates need not be submitted until the award stage).E. Verify that performance and payment bonds can be provided if selected to complete the project.

*Response required

9.2. CONTRACTOR'S DATA SHEET

9.2.1. Verify that required insurance coverage is available (insurance certificates need not be submitted until the award stage).* ☐ Please confirm

*Response required

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

*Response required

9.2.3. How many years has your organization been in business?* *Response required

9.2.4. How many years has your organization been in business under its present name?*

*Response required

9.2.5. List the states and licensures in which your organization is legally qualified to do business?*

*Response required

9.2.6. Debarment/Suspension List*

Firms shall confirm in writing that they are not currently on any debarment or suspension list of any local, state or federal government. Any firm found to be listed shall be rejected as non-responsive.

☐ Please confirm

*Response required

9.2.7. Number of Employees*

Bidders shall indicate below the number of employees who will be available to perform the services for the City as specified herein.

*Response required

9.2.8. Resources, Equipment and/or Tools*

In the space provided below, Proposers shall indicate the type of systems to be used, software, equipment, automobiles, and tools available to perform the services specified herein (if a Proposer already has an inventory list, then you may attach it with your Proposal Content to satisfy this requirement). If attached, please type "attached" in this blank space.

*Response required

9.2.9. Response Time*

Offeror will provide qualified personnel and resources required to perform work/services as specified.

Business is located (check one)

☐ within the City of Winchester

☐ within 10 miles

☐ within 11-25 miles

☐ within 26-50 miles

☐ Other (indicate in next question)

9.2.10. Response Time Cont.*

If you selected "Other" previously, indicate miles from business location.

Ex.) within _____ miles of the City limits (or type N/A)

10. QUESTIONS

The Purchasing Agent will issue a written addendum to any inquiries that alter the scope of the proposal. All other contacts with City personnel concerning this solicitation are discouraged.

All Proposers should carefully examine the RFP documents. Any ambiguities, inconsistencies questions concerning the intent, meaning and interpretations of the RFP documents including Agreement terms shall be brought to the attention of the City in writing primarily via the Q&A tab in the Portal prior to the scheduled due date and time for submission. Failure to do so, on the part of the Proposer, shall constitute an acceptance by the Proposer of any subsequent decision made by the City. The City will not be responsible for oral instructions made by employees of the City or its authorized representatives in regard to this RFP. If the Q&A deadline has passed, a Proposer may contact the City directly if necessary at kelly.feltner@winchesterva.gov. The City reserves the right to reject any questions received after the

Q&A deadline. If a Proposer needs assistance using the Portal, Proposers may access the Help Center for vendor training guides provided by the Software Administrator. Proposers may also contact the

Software Administrator using the real-time chat function on the Portal (located in lower right-hand corner of the screen), or via email at support@procurenow.com for support.

http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training

11. SPECIAL TERMS AND CONDITIONS

11.1. AWARD

Selection shall be made an offeror deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so selected.

Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The City of Winchester may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the City of Winchester determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

11.2. AUDIT

The contractor shall retain all books, records, and other documents relative to this contract for three (3) years after final payment, or until audited by the City of Winchester, whichever is sooner. The City, its authorized agents, and/or City auditors shall have full access to and the right to examine any of said materials during said period.

11.3. RENEWAL OF CONTRACT

This contract may be renewed by the City of Winchester for None under the terms and conditions of the original contract except as stated below. Price increases may be negotiated only at the time of renewal.

Written notice of the City of Winchester’s intention to renew shall be given approximately 60 days prior to the expiration date of each contract period.

A. If the City of Winchester elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the Service category (Table 4) of the CPI-W section of the Consumer Price

Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

B. If during any subsequent renewal periods, the City of Winchester elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the Service category (Table 4) of the CPI-W section of the

Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

11.4. COOPERATIVE PROCUREMENT

Any successful Bidder/Offeror, may at his sole discretion, allow any public body, locality, authority, agency, and school board of the Commonwealth to participate in the Invitation to Bid for the purpose of combining requirements to increase efficiency or reduce administrative expenses.

11.5. ADVERTISING

In the event a contract is awarded for supplies, equipment, or services resulting from this bid/proposal, no indication of such sales or services to the City of Winchester will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the City of

Winchester or any agency or institution of the Commonwealth has purchased or uses its products or services.

11.6. BID ACCEPTANCE PERIOD

Any bid in response to this solicitation shall be valid for (120) days. At the end of the (120) days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

11.7. PRIME CONTRACTOR RESPONSIBILITIES

The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

11.8. SUBCONTRACTS

No portion of the work shall be subcontracted without prior written consent of the Purchasing Agent or designee. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the Purchasing Agent, or designee the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

11.9. OWNERSHIP OF INTELLECTUAL PROPERTY

All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this contract shall become the sole property of the City of

Winchester. On request, the contractor shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the City to evidence the City’s sole ownership of specifically identified intellectual property created or developed in the performance of the contract.

11.10. QUANTITIES

Quantities (lots) set forth in this solicitation are estimates only, and the contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

11.11. INSPECTION

A. All material and workmanship may be subject to inspection, examination, and test by the owner and its representative at any and all times prior to, during, and after special events. The representative shall have the authority to reject defective material and workmanship and require its correction. Rejected workmanship shall be satisfactorily corrected and rejected material shall be satisfactorily replaced with proper material without charge therefore, and the contractor shall promptly segregate and remove the rejected material from the premises. If the contractor fails to proceed at once with replacement of rejected material and/or the correction of defective workmanship, the owner may, by contract or otherwise, replace such material and/or correct such workmanship and charge the cost to the contractor, or may terminate the right of the contractor to proceed, the contractor and surety being liable for any damages.

11.12. SUPERINTENDENCE BY CONTRACTOR

A. The contractor shall have a competent event coordinator, satisfactory to the owner, on each event at all times during the progress of the work. The contractor shall be responsible for all special event means, methods, techniques, sequences, and procedures for coordinating all portions of the work under the contract 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 superintendent including the reason therefore prior to making such change.

B. The contractor shall, at all times, enforce strict discipline and good order among the workers on the project, and shall not employ on the work any unfit person, anyone not skilled in the work assigned to him, or anyone who will not work in harmony with those employed by the contractor, the subcontractors, the owner or the owner’s separate contractors and their subcontractors.

C. The owner may, in writing, require the contractor to remove from the work any employee the owner deems to be incompetent, careless, not working in harmony with others on the site, or otherwise objectionable.

11.13. ACCESS TO EVENT/WORK

The owner, the owner’s inspectors and other testing personnel, and inspectors from the Department of

Labor and Industry shall have access to the work at all times. The contractor shall provide proper equipment, materials, and facilities for access and inspection.

11.14. USE OF CITY PREMISES AND REMOVAL OF DEBRIS

A. The contractor shall:

1. Perform his contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or with the work of any contractor;

2. Store his apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractor; and

B. The contractor expressly undertakes, either directly or through his subcontractor(s), to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly, and workmanlike appearance.

No such refuse, rubbish, scrap material, and debris shall be left within the completed work nor buried, but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law.

C. The contractor shall not operate or disturb the setting of any valves, switches or electrical equipment on the service lines to City property except by proper previous arrangement with the owner.

11.15. PROTECTION OF PERSONS AND PROPERTY

A. The contractor expressly undertakes, both directly and through its subcontractor(s), to take every precaution at all times for the protection of persons and property which may be affected by the contractor’s operation in connection with the work.

B. The contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work.

C. The provisions of all rules and regulations governing safety as adopted by the Safety Codes

Commission of the Commonwealth of Virginia, issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia shall apply to all work under this contract.

D. The contractor shall continuously maintain adequate protection of all his work from damage and shall protect the owner’s property from injury or loss arising in connection with this contract. He shall make good any such damage, injury, or loss, except such as may be directly due to errors in the contract documents or caused by agents or employees of the owner. He shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners. He shall provide and maintain all passageways, guard fences, lights, and other facilities for protection required by public authority, local conditions, any of the contract documents or erected for the fulfillment of his obligations for the protection of persons and property.

11.16. TASK ORDERS

In concert with this section, the Contractor will provide a written proposal, in the form of a Proposed

Task Order consisting of a Work Plan, level of effort (person-hours) and schedule for each Task Order requested by the OWNER. Task Orders shall be structured into four steps. At the City’s sole discretion, additional steps, i.e. demonstrations and more, may be necessarily incorporated into this process to secure the Task Order. The procedures for individual Task Orders shall be as follows:

Step 1: The Contractor shall be notified by the OWNER of the scope of a particular task to be performed, whereupon the Contractor and OWNER shall mutually develop a description of the Task Order Project.

Step 2: The Contractor shall prepare a written Proposed Task Order stating the scope of services within the Work Plan; the schedule; estimated person-hours per phase by category, Contractor’s Consultant costs and other direct costs; a list of materials and resources required of the OWNER, and the estimated not-to-exceed fee.

Step 3: Following negotiations and OWNER’s approval of the Proposed Task Order, the Task Order will be numbered, and a Purchase Order shall be issued by the OWNER, signifying the approval of the Task

Order and constituting the notice to proceed with the work. No work is authorized until the Contractor has been issued a numbered Purchase Order. Work performed prior to such issuance shall be performed at the FIRM’s risk.

Step 4: The Contractor shall advise the OWNER of the progress of the work on a monthly basis. Changes or modifications in the Work Plan, which will affect the fee and/or schedule, shall be brought to the attention of the OWNER as soon as the Contractor recognizes the change within the monthly report under “variances” and thereafter in a written Proposed Amendment to the Task Order. Additional work effort beyond the agreed upon Work Plan or schedule shall be authorized by the OWNER in writing, in advance.

12. 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.

12.1. 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.

12.2. 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.

12.3. 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.

12.4. 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.

12.5. 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.

12.6. 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.

12.7. 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.

12.8. 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.

12.9. 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.

12.10. 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, Contractor’s response and written negotiation summary shall form part of the

Contract. In the case of conflicts, discrepancies, errors or omissions among the City’s procurement, the

Contractor’s response, written negotiation summary 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. Negotiation Summary

C. City’s Procurement Document(s)

D. Contractor’s Response

E. Other Documents

12.11. QUALIFICATIONS OF (BIDDERS/OFFERORS)

The City of Winchester may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the

(bidder/offeror) shall furnish to the City of Winchester all such information and data for this purpose as may be requested. The City of Winchester reserves the right to inspect (bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The City of

Winchester further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the City of Winchester that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

12.12. 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.

12.13. 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.

12.14. 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.

12.15. 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. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The City of Winchester may order changes within the general scope of the contract at any time by written notice to the contractor.