848222poolJcc.pdf

JAMES CITY COUNTY

Invitation for Bid #20270468

Chickahominy Riverfront Pool

THIS PUBLIC BODY DOES NOT DISCRIMINATE AGAINST

FAITH-BASED ORGANIZATIONS

October 2026

JAMES CITY COUNTY, VIRGINIA

INVITATION FOR BID

20270468

Title: Chickahominy Riverfront Pool

Issue Date: October 09, 2026

Due Date: November 09, 2026, no later than 2:00 p.m. EST, uploaded to

OpenBids (formerly Demand star See VII Bid Submission)

Submit: One (1) Bid, Cover Page & Bid Form, Non-Collusion Affidavit, Certification Regarding Debarment, Safety Certification Form, Insurance Checklist, and Certification of Compliance with Immigration Laws and Regulations

Site visit: A Non-mandatory conference will be held at 1350 John Tyler

Hwy, Williamsburg, VA 23185on Monday, October 19, 2026 @ 10:00am. Bidders are strongly encouraged to walk the project site.

Inquiries: All questions pertaining to this project should be directed to

Christopher Roh, Procurement Specialist, no later than 12:00 p.m. on October 21, 2026, in writing by email:

Chris.Roh@jamescitycountyva.gov. Addendum will be issued by James City County Purchasing.

This public body does not discriminate against faith-based organizations.

James City County Purchasing Office 101-F Mounts Bay Road, Suite 300

Williamsburg, VA 23185 Phone: (757) 253-6647

Fax: (757) 253-6735 Email: Chris.Roh@jamescitycountyva.gov mailto:Chris.Roh@jamescitycountyva.gov

Vendor’s Registration and Signature (Provide copy with Proposal)

Company Name:

Address:

City/State/Zip:

Telephone: FAX:

Email Address:

Federal Tax ID:

SCC Number:

Print Name: Title:

Signature: Date:

Acknowledgement of Addendums: #1________ #2_________ #3_______

*State Corporation Commission Requirement per the Virginia Public Procurement Act, VPPA:

§ 2.2-4311.2. Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth. -- A. All public bodies shall include in every written contract a provision that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.

B. Pursuant to competitive sealed bidding or competitive negotiation, all public bodies shall include in the solicitation a provision that requires a bidder or proposer organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 to include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any bidder or proposer 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 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or proposer is not required to be so authorized.

C. Any bidder or proposer described in subsection B that fails to provide the required information shall 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 Director of the Department of General Services or his designee or by the chief executive of a local governing body.

D. Any business entity described in subsection A that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract.

E. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

*Virginia State Corporation Commission (“SCC”) registration information: The undersigned Proposer:

is a corporation or other business entity with the following SCC identification number: ____________ -OR-is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Proposer in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location) -OR-is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Proposer’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):

ATTACHMENT C - NON-COLLUSION AFFIDAVIT

Bid No: 20270468 Chickahominy Riverfront Pool

Bid Date: ______________, 2026

COMMONWEALTH OF VIRGINIA

James City County

This day personally appeared before the undersigned, a Notary Public in and for the City/County and State aforesaid, _____________________________________________ who having been first duly sworn according to law, did depose and aver as follows:

(a) That he/she is ______________________________________________________ of (Owner, Partner, President, etc.)

(Insert name of bidder)

(b) That he/she is personally familiar with the Bid of submitted in

(Insert Company Name) connection with the above captioned Owner’s project.

(c) That said Bid was formulated and submitted in good faith as the true bid of said Bidder.

1. The preparation and submission of this Bid, the Bidder did not either directly or indirectly, enter into any combination or agreement with any person, firm or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman act (15 U.S.C. Section I) or sections 59.1-9.1 through 59.1-9.17 or sections 59-.1-68.6 through 59.1-68.8 of the Code of Virginia.

2. The undersigned Bidder hereby certifies that neither this Bid nor any claim resulting therefrom, is the result of, or affected by, any act of collusion with, or any act of another person or persons, firm or corporation engaged in the same line of business or commerce; and that no person acting for or employed by the Owner has any personal interest in this Bid.

3. The undersigned hereby further agrees that upon request of the Owner, the records and books pertaining to this Bid will be voluntarily supplied, furnished, and released to the Owner.

4. The undersigned hereby further certifies that the Bidder has not knowingly falsified, concealed, misled, or covered up by any trick, scheme, or device a material fact in connection with this bid. The undersigned also certifies that the Bidder has not made any false, fictitious or fraudulent statements or representations or made or used any false writing or documents knowing the same to contain any false, fictitious statement or entry in connection with this Bid.

5. The undersigned further agrees that the Bidder will comply with section 2.2-4374 of the Code of Virginia, 1950, as amended, and has not bought or purchased any equipment from any person employed by the Owner as an independent contractor to furnish architectural or engineering services for this Project, nor from any partnership, association or corporation in which such architect or engineer has a pecuniary interest.

6. The undersigned further agrees to inform and require compliance by the following persons and entities with this anti-collusion statement as a condition of payment: all subcontractors, consultants, or any person, corporation, or legal entities that provide or furnish labor, material, equipment, or work related to this project.

All Covenants and Agreements made by the Contractor are made by it on behalf of the Contractor and its successors, personal representatives and assigns, the same as if they had been specifically named in each instance.

7. The signature on the Bid Form of this solicitation constitutes certification by the bidder or the bidder’s designated representative that the bidder has inspected the job site(s) and is aware of the conditions under which the work must be accomplished.

Claims, as a result of failure to inspect the job site(s), will not be considered by the Owner.

Any further this deponent saith not.

(Name of Company/Bidder)

Title (Owner, Partner, President)

Subscribed and sworn to before me this _______________ day of ________________, 20____.

My commission expires: _________________________, 20_______

(Notary Public)

ATTACHMENT D - CERTIFICATION REGARDING DEBARMENT

This is to certify that this person/firm/corporation is not now debarred by the Federal Government or by the Commonwealth of Virginia or by any other state, or by any town, city, or county, from submitting

Bids on contracts for construction covered by this solicitation, nor are they an agent of any person or entity that is now so debarred.

Name of Official

Title

Firm or Corporation

Date

ATTACHMENT E - SAFETY CERTIFICATION FORM

To: James City County

Project Title: Chickahominy Riverfront Pool

Contract No. 20270468

Project Safety Responsibility (Name) _____________________________ Number: ________________

Emergency Contact (Name) _____________________________________Number: ________________

The undersigned hereby attest that the project has been carefully evaluated for the safety risks it presents and all safety procedures required based on these risks by Virginia Occupational Safety & Health (VOSH), referenced in the bid document, will be implemented. Virginia Occupational Safety & Health and all other applicable Federal, State and local laws referenced on the use of safety equipment and safe work practices.

By: _______________________________________________________________________________

(Type Name and Title)

______ (Signature) (Date)

ATTACHMENT F - CERTIFICATION OF COMPLIANCE WITH IMMIGRATION

LAWS AND REGULATIONS

Section 40.1-11.1 of the ____________________City/County Code requires that any person or entity doing business with the City/County of _____________________, including its boards and commissions, shall include a sworn certification by the Contractor of compliance with all federal immigration laws and regulations. These laws include the Federal Immigration Reform and Control Act, which makes it unlawful for a person or other entity to hire, recruit or refer for a fee for employment in the United States, an alien knowing the alien is unauthorized, and Section 40.1-11.1 of the Code of Virginia, which makes it unlawful for any employer to knowingly employ an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States. The state law, in particular, places an affirmative duty on employers to ensure that aliens have proof of eligibility for employment.

Accordingly this certification shall be completed and attached to all contracts and agreements for goods and services made by the City/County of _____________________ or any of its boards and commissions. Failure to attach a completed certification shall render the contract or agreement void.

Type or print legibly when completing this form.

Legal Name of Contractor: (Note: This is your name as reported to the IRS. This should match your Social Security card or Federal ID Number.)

Type of Business Entity:

Sole proprietorship (Provide full name and address of owner):

Limited Partnership (Provide full name and address of all partners):

General Partnership (Provide full name and address of all partners):

Limited Liability Company (Provide full name and address of all managing members):

Corporation (Provide full name and address of all officers):

Doing Business As:

If Applicable (Note: This is the name that appears on your invoices but is not used as your reporting name.)

Name and Position of Person Completing this Certificate:

Physical Business Address:

Primary Correspondence Address (If different from physical address):

Number of Employees:

Are all Employees Who Work in the United States Eligible for Employment in the United States?

Under penalties of perjury, I declare on behalf of the Contractor listed above that to the best of my knowledge and based upon reasonable inquiry, each and every one of the Contractor’s employees who work in the United States are eligible for employment in the United States as required by the Federal Immigration Reform and Control Act of 1986 and Section 40.1-11.1 of the Code of Virginia. I further declare on behalf of the Contractor that it shall use due care and diligence to ensure that all employees hired in the future who will work in the United States will be eligible for employment in the United States. I affirm that the information provided herein is true, correct, and complete.

Sworn this ____ day of ________________, 202_ on behalf of ________________________as evidenced by the following signature and seal:

Name of Contractor: __________________________________

Printed Name of Signatory:___________________________________

Signature: ________________________________________________

Date: _______________

COMMONWEALTH OF VIRGINIA:

CITY/COUNTY OF____________________________, to-wit:

The foregoing instrument was acknowledged before me this ___ day of ______________, 202__, by

Notary Public Registration No.:_________________

SUBMIT ALL PAGES AND COVER SHEET

IFB 20270468

James City County Page 11 of 27 Chickahominy Riverfront Pool

Table of Contents

I. PURPOSE

II. DEFINITIONS

III. INTERPRETATIONS AND ADDENDA

IV. FAMILIARITY WITH PROPOSED WORK

V. SCOPE OF WORK/STATEMENT OF NEED

VI. SPECIAL TERMS & CONDITIONS 14

VII. BID SUBMISSION REQUIREMENTS 21

VIII. BASIS OF AWARD 21

IX. QUALIFICATIONS OF BIDDERS 21

X. REFERENCES 21

XI. INSURANCE REQUIREMENTS

XII. CONFLICT OF INTEREST 23

XIV. REQUIRED DOCUMENTS & GENERAL TERMS AND CONDITIONS

XIII. ATTACHMENTS

ATTACHMENT A - BID FORM

ATTACHMENT C - NON-COLLUSION AFFIDAVIT

ATTACHMENT D - CERTIFICATION REGARDING DEBARMENT

ATTACHMENT E - SAFETY CERTIFICATION FORM

ATTACHMENT F - CERTIFICATION OF COMPLIANCE WITH IMMIGRATION LAWS AND

REGULATIONS

ATTACHMENT G - GENERAL TERMS AND CONDITIONS AND INSTRUCTION TO BIDDER

ATTACHMENT H – OPENBIDS (FORMERLY DEMANDSTAR) REGISTRATION 27

James City County Page 12 of 27

INVITATION FOR BID

# 20270468

I. PURPOSE

The purpose and intent of this Invitation for Bid (IFB) is to solicit sealed bids from a qualified contractor to complete the renovation and restoration of the swimming pool to provide a structurally sound, safe, durable, accessible, and fully operational aquatic facility at the Chickahominy Riverfront Pool.

II. DEFINITIONS

1. The term “Owner” used in this solicitation refers to James City County

2. The term “Contractor” refers to the person or firm to whom an Award is made to perform the work under the contract.

3. The term “Bidder” means the firm or company submitting a bid.

4. The term “Successful Bidder” means the bidder to whom the Owner on the basis of the Owner’s evaluation as herein provided makes an award.

III. INTERPRETATIONS AND ADDENDA

No oral explanation in regard to the meaning of the IFB Documents will be made, and no oral instructions will be given before the award of the work. Discrepancies, omissions or doubts as to the meaning of the IFB Documents shall be communicated in writing to the County for interpretation. Offerors should act promptly and allow sufficient time for a reply to reach them before the submission of their Offers. Any interpretation made will be in the form of an Addendum to the IFB, which will be forwarded to all holders of record and its receipts shall be acknowledged in the Offeror’s bids on the IFB Cover Sheet in the space provided.

IV. FAMILIARITY WITH PROPOSED WORK

It is the responsibility of the Contractor, by careful personal examination of the IFB Documents and the Scope of Work, to visit the area of the work to be performed, and satisfy himself as to the full scope of services required for the total project. The Contractor should study and carefully correlate the Contractor’s knowledge and observations of the IFB Documents and such other related data and to promptly notify the County of all conflicts, errors, ambiguities, or discrepancies which the Contractor has discovered in or between the IFB Documents and such other related documents or conditions. Failure to do so shall not relieve the Successful Bidder of their obligation to perform as per the provisions of the resulting contract. The Contractor shall not at any time after the execution of the contract, make any claims whatsoever alleging insufficient data or incorrectly

James City County Page 13 of 27 Chickahominy Riverfront Pool assumed conditions, nor shall they claim any misunderstanding with regard to the nature, conditions or character of the work or services to be provided under the contract.

V. SCOPE OF WORK/STATEMENT OF NEED

A. Provide the complete renovation and restoration of the swimming pool to provide a structurally sound, safe, durable, accessible, and fully operational aquatic facility.

The project will include removal and replacement of the existing pool interior surface, waterline tile, water-depth marker tile located within the pool, water-depth marker tile located outside the pool/on the pool deck, and pool coping; inspection of the exposed pool structure and circulation/drainage components; repair or replacement of damaged components as necessary; replacement of main drain covers; and improvements to pool access features.

Dimensions

• Pool Perimeter: 348ft

• Pool Area: 5,888 sq. ft.

• Pool Capacity: 156,000 Gallons

• Pool Depth is 3ft – 6 ft

Demolition & Removal

• Strip and remove existing pool plaster/surface material, waterline tile, interior/exterior depth-marker tiles, coping, embedded ladders, staircase railing, and main drain covers.

Structural Inspection, Repairs & Reconfiguration

• Clean and inspect the exposed pool shell for cracks, leaks, deterioration, or structural deficiencies.

• Evaluate and modify or reconstruct the main entry staircase (including step additions/adjustments) to meet accessibility codes.

• Notify the Owner of any unforeseen conditions requiring additional work before proceeding with repairs.

Plumbing & Mechanical Infrastructure

• Inspect skimmers, hydrostatic relief valve, main drains, and accessible main drain lines; repair or replace components as required.

• Furnish and install new compliant main drain covers compatible with the system.

James City County Page 14 of 27 Chickahominy Riverfront Pool

Coping, Tile & Surface Installation

• Install new coping, waterline tile, and commercial-grade pool plaster/interior surface material.

• Install interior and exterior/deck water-depth marker tiles and mandatory "NO DIVING" warning markers compliant with applicable codes.

Deck Hardware & Final Accessories

• Install new aluminum pool ladders and an ADA-compliant railing/handrail system for the main entry staircase.

Pool Startup & Water Chemistry Maintenance (30-Day Period)

• Execute proper pool startup, including initial fill, brushing, chemical additions, and manufacturer-required startup procedures to protect the new surface warranty.

• Maintain and balance water chemistry within manufacturer-specified ranges for 30 days post-refill.

• Test and document water chemistry twice weekly during weeks 1–2, and once weekly during weeks 3–4.

• Deliver all chemistry logs, maintenance records, and warranty documentation to the Owner upon project completion.

Closeout, Cleanup & Handover

• Remove all jobsite debris, thoroughly clean the work area, and correct any outstanding deficiencies.

• Compile and deliver all closeout documentation to the Owner, including applicable warranties, inspection findings, maintenance info, and chemistry/startup records.

B. All work shall be completed within 160 calendar days from the start date indicated in the Notice to Proceed; however, once the work starts, it shall be worked continuously until satisfactory completion.

C. Vendors shall submit a lump sum price for a complete turnkey job as described in the Scope of Work.

D. All vendors shall be properly licensed by the Commonwealth of VA. All vendor site supervisors assigned to this project shall have a minimum of 3 years’ experience in similar work. A qualified site supervisor shall be on site at all times during the Work.

James City County Page 15 of 27

VI. SPECIAL TERMS & CONDITIONS

PRECEDENCE IN TERMS

In the event of a conflict, the Special Terms & Conditions shall take precedence.

A. CONTRACTORS TITLE TO MATERIALS

No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any security interest, installment or sales contract or any other agreement or lien by which an interest is retained by the seller or is given to a secured party. The Contractor warrants that he has clear title to all materials and supplies, which he uses in the work or for which he accepts payment in whole or in part.

B. EXTRA CHARGES NOT ALLOWED

The bidder’s offered price for the work shall include furnishing, delivering, and installing the required equipment; no extra charges shall be allowed.

C. DELIVERY AND STORAGE

It shall be the responsibility of the Contractor to make all arrangements for delivery, unloading, receiving, and storing materials. The owner will not assume any responsibility for receiving these shipments. Contractor shall check with the owner and make necessary arrangements for security and storage space if required.

D. FINAL INSPECTION

At the conclusion of the work, the Contractor shall demonstrate to the authorized owner’s representative that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the Contractor at the Contractor’s sole expense prior to final acceptance of the work.

E. WARRANTY

The Contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the Contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the Owner by any other clause of this solicitation. A copy of this warranty should be furnished with the bid. At a minimum, all materials, equipment, and labor shall be fully guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment, or workmanship for one (1) year from the date of final acceptance of the entire project by the owner in writing.

The Contractor warrants that, unless otherwise specified, all materials and equipment incorporated in the work under the contract shall be new, in first class condition, and in accordance with the contract documents. The Contractor further warrants that all

James City County Page 16 of 27 Chickahominy Riverfront Pool workmanship shall be of the highest quality and in accordance with contract documents and shall be performed by persons qualified at their respective trades.

Defects discovered during the warranty period shall be corrected by the Contractor to the Owner’s satisfaction, at no cost to the Owner and shall be subject to the provisions of this clause to the same extent as materials initially delivered.

F. WORK SITE DAMAGES

Any damage to existing utilities, equipment, or finished surfaces resulting from the performance of this contract shall be repaired to the Owner’s satisfaction at the Contractor’s expense.

G. SUPERINTENDENCE BY CONTRACTOR

The Contractor shall have a competent supervisor or superintendent, satisfactory to the Owner, on the job site at all times during the progress of the work. The Contractor shall be responsible for all construction 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.

H. USE OF PREMISES AND REMOVAL OF DEBRIS:

The Contractor shall:

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;

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

Place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work.

The Contractor expressly undertakes, either directly or through his subcontractor(s), to effect all cutting, filling, or patching of his work required to make the same conform to the drawings and specifications, and, except with the consent of the owner, not to cut or otherwise alter the work of any other Contractor. The Contractor shall not damage or endanger any portion of the work or premises, including existing improvements, unless called for by the contract.

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

James City County Page 17 of 27 Chickahominy Riverfront Pool debris shall be left within the completed work nor buried on the building site, but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law.

The Contractor expressly undertakes, either directly or through his subcontractor(s), before final payment, to remove all surplus material, false work, temporary structures, including foundations thereof, plants of any description and debris of every nature resulting from his operations and to put the site in a neat, orderly condition; to thoroughly clean and leave reasonably dust free all finished surfaces including all equipment, piping, etc., on the interior of all buildings included in the contract; and to thoroughly clean all glass installed under the contract including the removal of all paint and mortar splatters and other defacements. If a Contractor fails to clean up at the completion of the work, the owner may do so and charge for costs thereof to the Contractor.

I. SAFETY

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

The Contractor shall submit a Safety Certification Form that includes the following information:

1. The name and phone number of the individual who will be responsible to ensuring all applicable safety procedures are followed and personal protective equipment is used on the project site.

2. The name and phone number of the individual who should be contacted in the event of an emergency.

3. A copy of the Safety Certification Form is included as Attachment E.

J. WORK PERFORMANCE

The Contractor shall perform the work in accordance with manufacture’s recommendations and specifications.

K. CONTRACTOR RESPONSIBILITIES

Employees of the Contractor must be able to work within a public setting without creating a disruption and conform to all policies, rules, and regulations. Contractor shall require that their employees to be courteous at all times and not to use loud or profane language. Contractor shall require that its employees shall not trespass, loiter, cross property to adjoining premises, or tamper with property not covered by the contract resulting from this solicitation.

The Contractor shall be solely responsible for job site conditions and completely supervising and directing the work under this contract and all subcontractors that he

James City County Page 18 of 27 Chickahominy Riverfront Pool may utilize. Subcontractors who perform work under this contract shall be responsible to the Contractor. The Contractor agrees that he is 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. These requirements will apply continuously and not be limited to working hours.

It is the Contractor’s responsibility to have equipment of suitable type, and in proper condition to operate and maintain uninterrupted schedules.

It is the Contractor’s responsibility to follow schedules and instructions provided by designated Owner contacts.

L. PROTECTION OF PERSONS AND PROPERTY

The Contractor expressly undertakes, both directly and through its subcontractors, to take every precaution at all times for the protection of persons and property.

M. EMERGENCY

In an emergency affecting the safety of life, the Work, or of the adjoining property, the Contractor, without special instruction or authorization from the Owner, shall act to prevent threatened loss or injury. Any compensation, claimed by the Contractor on account of emergency work, shall be determined by agreement between the Owner and the Contractor.

N. DAMAGES

The Contractor shall be responsible for damage or injury to property during the prosecution of the Work resulting from any act, omission, neglect, or misconduct in the method of executing the Work or attributable to defective Work or materials. This responsibility shall not be released until final acceptance of the Project.

When direct or indirect damage is done to property by or on account of any act, omission, neglect or misconduct in the method of executing the Work or in consequence of the non-execution thereof on the part of the Contractor, the Contractor shall restore such property to a condition similar or equal to that existing before such damage was done by repairing, rebuilding or restoring, as may be directed by the Owner, or making settlement with the property owner. The Contractor shall secure from the property owner a release from any claim against the Owner without additional compensation therefore. A copy of this release shall be furnished to the Owner.

O. RESTORATION

All private and public property disturbed in the process of construction shall be restored to the condition existing prior to construction. Proper notice shall be given to the owner of any expected inconvenience or hazardous condition. Special care must be taken to prevent damage to trees and shrubs. Road surfaces adjacent to the work site that have soiled by the Contractor shall be cleaned of soil with mechanical brooms at the end of the working day.

James City County Page 19 of 27 Chickahominy Riverfront Pool

All surplus materials shall be disposed of in a manner acceptable to the Owner, and the construction area shall be left in a neat condition. No machinery or equipment shall be left or stored on the job site after the project is completed.

P. LABELING OF HAZARDOUS SUBSTANCES

If the items or products requested by this solicitation are “Hazardous Substances” as defined by Section 1261 of Title 15 of the United States Code (U.S.C.) or “Pesticides” as defined in Section 136 of Title 7 of the United States Code, then the bidder/offeror, by submitting his bid/proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the bidder/offeror does not violate any of the prohibitions of Title 15 U.S.C. Section 1263 or Title 7 U.S.C. Section 136.

Q. SAFETY DATA SHEETS

Safety Data Sheets and descriptive literature shall be provided for each chemical and/or compound offered.

R. DATE OF COMMENCEMENT AND COMPLETION

The date of commencement shall be established in a written Notice to Proceed issued by the Owner. Work under the Contract shall be completed within time frame established in the Notice to Proceed.

S. MATERIALS AND WORKMANSHIP

The Contract Documents describe the character and features of the materials and workmanship required to perform the Work. The Contract Documents require first class work and materials in all particulars. It is understood that the contract includes any and all work that may be necessary to connect the work done with the adjoining work in a proper and workmanlike manner.

The Owner reserves the right to employ an independent testing laboratory to conduct tests of materials, etc., as the Owner may deem necessary to assure complete compliance with the requirements of the specifications. The Contractor shall offer full cooperation with personnel in the employ of the Owner in making these tests.

T. NO DEVIATION FROM CONTRACT DOCUMENTS BY THE

CONTRACTOR

In performing the Work, the Contractor shall not deviate from the Contract Documents without the written consent of the Owner. If the Contractor does deviate from the Contract, he shall correct the error at his expense in a manner satisfactory to the Owner.

James City County Page 20 of 27 Chickahominy Riverfront Pool

U. INTERPRETATION OF CONTRACT DOCUMENTS

In case of discrepancy between or among Contract Documents, the Owner shall make such interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents as construed by him and his decision shall be final.

The Contractor shall verify all figures and will be responsible for the proper coordination of all dimensions as well as the different parts of the Work.

V. CONSTRUCTION PAYMENT CLAUSE

Any contract awarded by any state agency, or any contract awarded by any agency of local government in accordance with §2.2-4352 shall include:

A payment clause that obligates a contractor on a construction contract to be liable for the entire amount owed to any subcontractor with which it contracts. Such contractor shall not be liable for amounts otherwise reducible due to the subcontractor's noncompliance with the terms of the contract. However, in the event that the contractor withholds all or a part of the amount promised to the subcontractor under the contract, the contractor shall notify the subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment. Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of that contractor receiving payment for amounts owed to that contractor. Any provision in a contract contrary to this section shall be unenforceable.

James City County Page 21 of 27 Chickahominy Riverfront Pool

VII. BID SUBMISSION REQUIREMENTS

James City County will now only accept electronic copies of the requested bid.

To maintain the integrity of the sealed bid process; Vendors must sign up and register with Demand Star, prior to the due date and time specified in the IFB documents including any addenda issued, in order to submit their proposals.

The date/time stamp when submitted with the proposal attachment is considered the delivered due date and time.

James City County personnel will not be able to access the electronic lockbox until after the due date and time specified on the IFB as amended.

Do not send routine correspondence to Demand Star, only the bid files. Do not send hard copies of the proposal. James City County buildings remain closed to the public.

One (1) bid shall be uploaded to OpenBids (formerly Demand Star) no later than 2:00 PM EST on August 8, 2025. Bids received after the date and time prescribed shall not be consider for: contract award and shall be returned to the bidder.

It is the bidder’s responsibility to clearly identify and to describe the services being offered in response to the IFB. Bids shall be signed by an authorized representative of the bidder.

Failure to submit all of the information requested may result in the Purchasing office requiring prompt submission of missing information. Bids that are substantially incomplete or lack key information may be rejected by the Purchasing office.

Oral bids, those transmitted by telephone for facsimile, or those received after the submission date shall not be accepted.

VIII. BASIS OF AWARD

The Owner will award a firm fixed priced contract to the lowest responsive and responsible bidder. The Owner reserves the right to waive minor non-substantive errors (informalities) in the Bid, to reject any/or all Bids, to award any Bid in whole or in part, and to award the Bid considered to be in the best interest of the Owner.

IX. QUALIFICATIONS OF BIDDERS

The Owner may make such reasonable investigations as deemed proper and necessary to determine the ability to the Bidder to perform the work/furnish the item(s) and the Bidder shall furnish to the Owner all such information and data for this purpose as may be requested. The Owner reserves the right to inspect Bidder’s physical facilities prior to award to satisfy questions regarding the Bidder’s capabilities. The Owner further reserves the right to reject any bid if the evidence submitted by or investigations of such Bidder fails to satisfy the Owner that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated herein.

X. REFERENCES

Upon request, bidders must submit three (3) references from clients whom the firm has completed equal or comparable work within the past three (3) years. The following information must be included:

a. Organization Name and Address

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b. Customer contact – name, title and contact information

c. Date of work performed and completion date

d. Brief description of Scope of Services

References will be used to determine bidder’s capability and experience performing the work herein.

XI. INSURANCE REQUIREMENTS

By signing and submitting a proposal under this solicitation, the bidder certifies that if awarded the contract, will have the insurance coverage’s at the time the contract is awarded.

If subcontractor is involved, the subcontractor will have workers compensation insurance in accordance with Sections 43-2.2-4332 and 65.2-800 et seq. of the Code of Virginia.

The offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

A. Workers Compensation and Employers Liability

Coverage A – Statutory Coverage B - $100,000/$100,000/$500,000 A broad form of all states endorsement should be attached.

B. Commercial General Liability Including Contractual and Completed Operations Minimum Limit of Liability $1,000,000 per Occurrence

C. Commercial Auto Liability Including Hired and Non-Owned Car Liability Coverage Minimum Limit of Liability $1,000,000 per Occurrence The Contractor shall purchase and maintain during the life of this Contract such commercial automobile liability insurance including employer’s non-ownership liability and hired car liability insurance to protect him and any subcontractors performing work covered by this Contract from claims for damages, whether such operations be by him or any subcontractor, or by anyone directly or indirectly employed by either of them.

D. Excess Liability Contractors have the option of meeting the insurance requirements of A, B, and C above with a single primary policy or providing evidence of an excess policy that, in addition to the primary policy, provides the coverage and meets the limit requirements of the coverage as specified in A, B, and C.

E. Self-Insured Retentions, Deductibles and Aggregate Limits All self-insured retentions, deductibles and aggregate limits on any required insurance must be disclosed and approved by the James City County Risk Management Director.

F. “Claims Made” Policies If the liability insurance purchased by the Contractor has been issued on a “claims made” basis, the Contractor must comply with the following additional conditions.

The limits of liability and the extensions to be included as described previously in

James City County Page 23 of 27 Chickahominy Riverfront Pool these provisions, remain the same.

1. The Contractor must either:

A. Agree to provide the certificates of insurance evidencing the above coverage for a period of three (3) years after final payment under the Agreement for General Liability policies. This certificate shall evidence a “retroactive date” no later than the beginning of the Contractor’s work under this Agreement, or

B. Purchase the extended reporting period endorsement for the policy or policies in force during the term of this Agreement and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

2. The Contractor shall file with the Owner, as herein before required, satisfactory proof of acceptable insurance coverage. Such proof shall, unless otherwise required by the Owner, consist of the following:

A. Certificates of insurance on the insurance carrier’s standard form indicating all policies required by law and the Contract documents. Certificates of insurance shall be furnished in a number of copies equal to the number of counterparts of the Contract documents executed. Contractor shall notify Owner immediately if Contractor receives notification of non-renewal or cancellation.

3. James City County shall be endorsed as an Additional Insured on the Commercial General Liability per ISO CG 20 10 and CG 20 37 on a primary basis . James City County Authority Commercial General Liability shall not contribute in any loss payment insured under the Contractor’s Commercial General Liability policy.

A. All certificates must comply with the provisions of Section 38.2-518 of the

Code of Virginia, 1950, as amended:

Hold Harmless/Indemnification:

The Contractor shall indemnify, defend and hold harmless the James City County, James City Service Authority, Williamsburg-James City County Public School Division, and Williamsburg Area Transit Authority from loss from all suits, actions, or claims of any kind brought as a consequence of any negligent act or omission by the Contractor. The Contractor agrees that this clause shall include claims involving infringement of patent or copyright. For purposes of this paragraph, “County”, “Authority”, “Division” “Contractor” and “WATA” includes their employees, officials, agents and representatives. “Contractor” also includes subcontractors and suppliers to Contractor. The word “defend” means to provide legal counsel for the County/Authority/Division/WATA or to reimburse the County/Authority/Division/WATA for its attorneys’ fees and costs related the claim.

This section shall survive the Contract. The County/Authority/Division/WATA is prohibited from indemnifying Contractor and/or third parties.

XII. CONFLICT OF INTEREST

Bidders shall disclose in its Submission any actual or potential conflicts of interest and existing business relationships it has with the Owner, its elected or appointed officials or employees. The Owner may rely on such disclosure.

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XIII. ATTACHMENTS

1. Attachment A- Bid Form

2. Attachment H – OpenBids (formerly DemandStar) access

XIV. REQUIRED DOCUMENTS & GENERAL TERMS AND CONDITIONS

3. Attachment C - Non-Collusion Affidavit

4. Attachment D - Certification Regarding Debarment

5. Attachment E - Safety Certification Form

6. Attachment F - Certification of Compliance with Immigration Laws and

Regulations

7. Attachment G- James City County General Terms & Conditions and Instructions to Bidders

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ATTACHMENT G

GENERAL TERMS AND CONDITIONS AND INSTRUCTION TO BIDDER

GENERAL TERMS & CONDITIONS

James City County

7-18-2023 Revised & Approved by County Attorney

GENERAL TERMS & CONDITIONS AND INSTRUCTIONS TO BIDDERS

These CONDITIONS AND INSTRUCTIONS TO BIDDERS shall be binding on all bidders or offerors and are incorporated by reference in all contracts resulting from any written Request for Quotes, Invitation to Bid or Request for Proposals issued, collectively the (“Request”), to which they are attached. Use of the term “bid” in these General Terms & Conditions and Instructions to Bidders is not intended to be restricted to an Invitation to Bid and shall also affect written Request for Quotes, Invitation to Bid or Request for Proposals. The Purchasing Office is responsible for the purchasing activity of James City County, a political subdivision of the Commonwealth of Virginia, and the James City Service Authority, herein referred to collectively as “James City County” or “County”.

Bidder/Offeror or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids/proposals: failure to do so will be at the bidder’s/offeror’s own risk and except as provided by law, relief cannot be secured on the plea of error.

Subject to all Federal, State and local laws, policies, resolutions, regulations, rules, limitations and legislation including the County Purchasing Policy and the County Purchasing Manual, bids/proposals on all solicitations issued by the Purchasing Office will bind bidders/ offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

Cooperative Purchasing--James City County issues this solicitation in accordance with Section 2.2-4304 of the Virginia Public Procurement Act and Chapter 1, Section 5 of the James City County Purchasing Policy, and on behalf of the members of the Southeastern Virginia Governmental Purchasing Cooperative (SVGPC), as well as other public bodies, governmental jurisdictions and school divisions.

Bidders/Offerors are advised that all resultant contracts will be extended, with the authorization of the bidder/offeror, to other public bodies, governmental jurisdictions and school divisions as may be interested. Should other entities decide to use the final contract, the contractor shall deal directly with that jurisdiction or political subdivision concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing and payments. James City County acts only as the “Contracting Agent” for these jurisdictions and political subdivisions. Failure to extend a contract to any jurisdiction will have no effect on consideration of your bid or offer.

It is the responsibility of the contractor to notify the public bodies, jurisdictions and political subdivisions of the availability of the contract.

Each participating public body, jurisdiction and political subdivisions has the option of executing a separate contract with the contractor.

Such contracts may contain general terms and conditions unique to those jurisdictions and political subdivisions. If, when preparing such a contract, the general terms and conditions of a jurisdiction are unacceptable to the contractor, the contractor may withdraw its extension of the award to that jurisdiction.

James City County shall not be held liable for any costs or damages incurred by another public body or jurisdiction as a result of any award extended to that public body, jurisdiction or political subdivision by the contractor.

SVGPC members reserve the right to make awards to the lowest responsive and responsible offeror during the contract term. SVGPC members not explicitly named in the IFB are not obligated to participate, nor is the successful offeror obligated to contract with other SVGPC members.

Newport News Public Schools Williamsburg/James City County Public Schools York County Public Schools Christopher Newport University College of William & Mary Norfolk State University Tidewater Community College Jamestown/Yorktown Foundation Southeastern Public Service Authority County of York Portsmouth Redevelopment & Housing CAS Norfolk Regional Office

City of Chesapeake City of Hampton City of Newport News City of Norfolk City of Portsmouth City of Virginia Beach City of Williamsburg County of Gloucester County of James City County of King William Virginia Peninsula Community College Newport News Redevelopment& Housing DDS Tidewater Regional Office Revised 7/17/2025

1. AUTHORITY AND COOPERATIVE PURCHASING-The County

Purchasing Director has the sole responsibility and authority for negotiating, placing and when necessary, modifying every solicitation, contract and purchase order issued by James City County. In the discharge of these responsibilities, the County Purchasing Director may be assisted by assigned buyers. Unless specifically delegated by the County Purchasing Director, no other County officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the government of the County of James City for an indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void and the County shall not be bound thereby.

2. COMPETITION INTENDED: It is the County’s intent that…