INVITATION FOR BIDS ANNOUNCEMENT

IFB No. 2027-01-P&R

Issue Date: July 15, 2026

County of Frederick, Virginia

FINANCE DEPARTMENT

107 N. Kent Street, 3rd Floor

Winchester, VA 22601 Phone: (540) 665-5610 www.fcva.us/purchasing

Title:

Old Charlestown Road Park Development

Bids Due:

Wednesday August 26, 2026, 2:00 pm, local time

Bids Open: Wednesday August 26, 2026, 2:05 pm, local time

1st Floor Conference Room

Project Overview:

Old Charlestown Road Park, currently a mostly undeveloped 25-acre parcel proposed for full site development. The project will include complete site preparation and construction of park amenities from initial grading through final completion ready for park users. Planned improvements include lighted parking, irrigated grass soccer fields, paved walking trails, futsal/basketball courts, restroom/concession/shelter building.

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

“Contractor”) to furnish the goods and/or services described herein and proposals will be received by Karen

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

Pre-Bid Conference: A non-mandatory Pre-Bid Conference has been scheduled for 692 Old Charlestown

Road, Stephenson, VA 22656, 9:00 am on Wednesday July 29, 2026.

Questions: All inquiries and technical questions or comments related to this solicitation shall be directed to

Jon Turkel, Parks and Recreation no later than 2:00 p.m. on Tuesday August, 11, 2026. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted.

IFB Contact Information: Jon Turkel, Assistant Director, Parks and Recreation jturkel@fcva.us

CC:

Karen Orndorff, Purchasing Manager

Karen.orndorff@fcva.us

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

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

Old Charlestown Road Park Development IFB # 2027-01-P&R

Contents

SECTION A: SPECIFICATIONS

SECTION B: CONTRACT SPECIFIC TERMS AND CONDITIONS

SECTION C: TERMS AND CONDITIONS

ATTACHMENT A: BID FORM

ATTACHMENT B: PAYMENT PROCEDURES

ATTACHMENT C: VENDOR APPLICATION

ATTACHMENT D: PRICE SCHEDULE

ATTACHMENT E: REFERENCE PAGE

ATTACHMENT F: CONTRACTOR’S LICENSE

ATTACHMENT G: INSURANCE REQUIREMENTS

ATTACHMENT H: BOND REQUIREMENTS

ATTACHMENT I: FEDERAL REQUIREMENTS

ATTACHMENT J: ADDITIONAL SPECIFICATIONS

SECTION A: SPECIFICATIONS

1. INTRODUCTION

The purpose of this Invitation for Bid (IFB) issued by the County of Frederick, Virginia (“County”) is to solicit sealed bids from qualified contractors (“Bidder”) to develop Old Charlestown Road Park in accordance with the plans and specifications prepared by ZMM Architects and Engineers (“ZMM”), as included in the attached documents.

The project involves the development of an approximately 25-acre undeveloped parcel into a fully functional community park. The scope includes all phases of work necessary to transform raw land into a playable and operational park facility, including but not limited to permitting, site preparation, utility installation, construction, and final site stabilization and completion.

2. BACKGROUND

Frederick County is the northern-most point in Virginia, a mid-point of the East Coast. The County sits at the north of the Shenandoah Valley which stretches 200 miles between two mountain ranges - The Blue Ridge Mountains to the

East and The Allegheny Mountains (part of the Appalachian Mountain Range) to the West. The Valley is bound by two rivers, the Potomac River to the North and the James River to the South. The County encompasses 416 square miles, serving a population of approximately 95,000.

3. SCOPE OF WORK

The Contractor shall furnish all labor, supervision, materials, equipment, tools, transportation, permits, testing, and services necessary to complete the development of Old Charlestown Road Park in accordance with the project plans and specifications prepared by ZMM Architects and Engineers, dated April 21, 2026, and all applicable federal, state, and local regulations.

The project consists of the complete development of an approximately 25-acre undeveloped parcel into a fully operational community park. The work shall include all labor, materials, equipment, permitting, coordination, and incidentals necessary to provide a complete and usable facility, whether specifically identified herein or reasonably inferable from the plans and specifications. Note: Playground is not part of the scope of this solicitation.

Playground site should be graded according to plan.

The scope of work includes, but is not limited to, the following:

A. Mobilization and Site Preparation

• Mobilization of personnel, equipment, and materials.

• Installation and maintenance of construction entrances, temporary traffic control, erosion and sediment control measures, and site safety protections.

• Clearing, grubbing, and preparation of all designated construction areas.

• Removal and lawful disposal of debris, vegetation, unsuitable materials, and other obstructions.

B. Earthwork and Grading

• Excavation, grading, and shaping of the site to achieve required elevations and drainage patterns.

• Trenching and installation of underground utilities.

• Proof rolling and subgrade preparation. (Compaction testing services will be provided by Frederick County.)

• Importing, placement, and compaction of suitable fill material as required.

• Stabilization and preparation of subgrades for all improvements.

https://www.fcva.us/?splash=https%3a%2f%2fen.wikipedia.org%2fwiki%2fShenandoah_Valley&____isexternal=true

C. Utilities and Infrastructure

• Installation, connection, and testing of all water, sanitary sewer, storm sewer, electrical, communications, and other utility systems shown in the plans.

• Coordination with utility providers and governing agencies.

• Installation of utility appurtenances, structures, and service connections.

D. Aggregate Base and Paving

• Installation of aggregate base courses in accordance with project specifications.

• Construction of paved surfaces, including parking areas, roadways, trails, and other hardscape improvements.

• Placement and compaction of asphalt and/or concrete pavement as specified.

• Fine grading to ensure proper drainage, smoothness, and finished elevations.

E. Stormwater Management

• Installation and/or modification of stormwater management facilities, including any required third-party engineering services.

• Construction of drainage structures, inlets, manholes, pipes, culverts, swales, and related appurtenances.

• Implementation and maintenance of erosion and sediment control measures in compliance with regulatory requirements.

F. Concrete and Site Improvements

• Installation of concrete curb and gutter.

• Construction of sidewalks, accessible routes, ADA-compliant features, and pedestrian connections.

• Installation of concrete pads, foundations, and miscellaneous site concrete as shown on the plans.

G. Pavement Markings and Signage

• Striping of parking spaces, including accessible parking spaces.

• Installation of pavement markings, directional arrows, and traffic control markings.

• Installation of regulatory, informational, and wayfinding signage in accordance with applicable codes and standards.

H. Electrical and Site Lighting

• Installation of site lighting systems, including poles, fixtures, controls, wiring, and related equipment.

• Coordination with utility providers for service connections.

• Testing, startup, and commissioning of all electrical and lighting systems.

I. Irrigation System

• Furnish and install the field irrigation system in accordance with the irrigation plans and specifications.

• Testing and commissioning of the completed irrigation system.

J. Restroom, Shelter, and Concession Building

• Furnish and install the restroom, shelter, and concession building, including all associated foundations, utility connections, site work, and appurtenances.

• Construction of the building shall be a Romtec structure or equivalent meeting all requirements of the

Contract Documents.

K. Athletic Fields and Recreational Facilities

• Construction of athletic fields, courts, and recreational amenities shown in the plans.

• Installation of Bermuda grass playing surfaces and associated field improvements.

• Fine grading, topsoil placement, seeding, sodding, and establishment of playing surfaces.

L. Site Furnishings and Equipment

• Furnish and install all site furnishings and equipment identified in the Contract Documents, including but not limited to:

o Soccer, basketball, and futsal goals o Benches o Picnic tables o Trash and recycling receptacles o Bicycle racks o Other park amenities specified in the plans

M. Landscaping and Site Restoration

• Restoration of all disturbed areas.

• Placement of topsoil, seeding, mulching, and stabilization measures.

• Installation of landscaping materials, including trees, shrubs, groundcover, and related improvements as shown in the plans.

• Establishment and maintenance of landscaped areas until final acceptance.

N. Final Inspection and Closeout

• Final cleaning of the project site and removal of temporary facilities.

• Coordination of inspections, testing, certifications, and approvals.

• Completion of all punch list items.

• Delivery of warranties, operation and maintenance manuals, training documentation, record drawings, and as-built drawings.

O. General Requirements

• Obtain and maintain all permits, licenses, inspections, and approvals necessary to complete the Work.

• Coordinate all construction activities to minimize disruption to adjacent properties and public use areas.

• Protect existing utilities, structures, vegetation, and site features.

• Maintain site safety and security throughout construction.

• Comply with all applicable ADA requirements, building codes, environmental regulations, and industry standards.

• Provide all testing, startup, commissioning, and documentation necessary to achieve final acceptance of the

Project.

4. BIDDER REQUIREMENTS

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

B. Bidder must be a responsible bidder and must satisfactorily prove to the County that they have adequate facilities, manpower and financial capacity to perform all requirements. Bidder shall demonstrate and warrant to the satisfaction of the Purchasing Manager that the bidder and/or the Bidder’s subcontractors have the technical expertise, relevant Project experience, and ability to complete the various elements of the Contract and scope of work.

C. The Contractor shall have a competent foreman or superintendent, satisfactory to the A/E and the Owner, on the Site at all times during the performance of the Work. The superintendent shall be familiar with and be able to read and understand the Contract Documents and be capable of communicating verbally and in writing with the Owner’s representatives, the A/E, and the Contractor’s workers. The Contractor shall be responsible for all construction means, methods, techniques, sequences and procedures, for coordinating all portions of the Work except where otherwise specified in the Contract Documents, and for all safety and worker health programs and practices. The Contractor shall notify the Owner, in writing, of any proposed change in foreman or superintendent, including the reason therefore, prior to making such change.

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

E. Bidders must possess a Virginia Contractor’s license in the appropriate class for the project.

F. Bidders must provide any complaints or disciplinary actions filed with the Virginia Department of

Professional and Occupational Regulation for the past three (3) years.

5. ACCEPTANCE OF BIDS

A. The County expressly reserves the right to cancel this IFB and/or reject any or all bids, to waive any informality or irregularity in the bids received, and to accept a bid from the lowest responsive and responsible bidder which is deemed to be in the best interest of the County. Each Offeror is solely responsible for ensuring that such Offeror has the current, complete version of the IFB documents, including any addenda, before submitting a bid. Receipt by the bidder of such addendum should be acknowledged on the Bid Form and/or addendum. Addenda will be posted on the Commonwealth of

Virginia’s electronic procurement platform, eVA. The County is not responsible for any IFB obtained from any source.

B. To determine the lowest responsive and responsible bidder who may be awarded a Contract for the Work, the criteria set forth in the Bid Documents may be considered. By submitting a bid, each bidder agrees that this is a solicitation of bids, and each bidder agrees to be solely responsible for the cost or expense of its bid and the County shall have no responsibility for such costs or expenses.

C. If the bid by the lowest responsive and responsible bidder exceeds available funds, the County reserves the right to negotiate with the apparent low bidder pursuant to Section 2.2-4318 of the Code of Virginia.

The conditions and procedures under which such negotiation may be undertaken are that the appropriate

County officials shall determine that the lowest responsive and responsible bid exceeds available funds and notify such bidder in writing of its desire to negotiate. Thereafter, negotiations with the apparent low bidder may be held to obtain a Contract within available funds involving discussions of reduction of quantity, quality, or other cost saving mechanisms. Any such negotiated Contract shall be subject to final approval of the County, in the sole discretion of the County.

6. EVALUATION FOR LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

To determine the lowest responsive and responsible Bidder with respect to this Bid, the following factors, among such others as will protect and preserve the interest of the County may be considered:

A. Total extended Bid price as set forth on the Bid Form

B. The specified terms and discounts, if any, of the Bid;

C. The ability, capacity and skill of the Bidder to perform the Contract and/or provide the services and/or items required;

D. Whether the Bidder can perform the Contract and/or perform the services and/or provide the items promptly, or within the time specified, without delay or interference;

E. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;

F. The quality of performance on previous contracts or services;

G. The previous and existing compliance by the Bidder with laws and ordinances relating to other contracts, purchase orders, items and/or services provided by Bidder in other matters;

H. The equipment and facilities available to the Bidder to perform the Contract and/or provide the services and/or items requested in the IFB;

I. The sufficiency of the financial resources and ability of the Bidder to perform the Contract and/or provide the services and/or items requested in the IFB;

J. The quality, availability, and adaptability of the supplies, materials, equipment and/or services the Bidder can provide for the particular use and/or work requested in the IFB.

7. LIQUIDATED DAMAGES

Work shall begin __30___calendar days after receipt of a purchase order or contract and all work shall be completed in __455__calendar days. It is hereby understood and agreed by the bidder that time is of the essence in the delivery of supplies, services, materials, or equipment of the character and quality specified in the bid document. In the event these specified supplies, services, materials, or equipment are not delivered by the date specified, there will be deducted, not as a penalty but as liquidated damages, the sum of

$__500___ per day for each and every calendar day of delay beyond the time specified; except that if the delivery be delayed by any act, negligence, or default on the part of the Commonwealth, public enemy, war, embargo, fire, or explosion not caused by the negligence or intentional act of the contractor or his supplier(s), or by riot, sabotage, or labor trouble that results from a cause or causes entirely beyond the control or fault of the contractor or his supplier(s), a reasonable extension of time as the procuring public body deems appropriate may be granted. Upon receipt of a written request and justification for an extension from the contractor, the purchasing office may extend the time for performance of the contract or delivery of goods herein specified at the purchasing office’s sole discretion for good cause shown.

Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the County. Such damages are, and will continue to be, impracticable and extremely difficult to determine.

For each day that any work remains incomplete after the contract time limit specified for completion of the work, the County shall assess liquidated damages against the Contractor. The Contractor waives any defense as to the validity of any liquidated damages stated in the Contract and assessed by the County against the

Contractor on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.

Execution of the contract under these specifications shall constitute agreement by the County and Contractor that this amount per day is the minimum value of the costs and actual damage caused by failure of the

Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs.

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

Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the County’s right to collect any additional damages which may be sustained by failure of the Contractor to carry out the terms of the contract, it being the intent of the parties that said liquidated damages be full and complete payment only for failure of the Contractor to complete the work on time.

8. PAYMENTS TO CONTRACTOR

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

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

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

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

Contractor for payment.

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

d. Include a letter from the Contractor’s Surety which confirms that the Surety on the Performance Bond and the Labor and Material Payment Bond has been notified of the request for payment of materials stored off the Site and agrees that the materials are covered by the bonds; and

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

B. The Owner shall withhold five percent (5%) of each progress payment to the Contractor until the Final

Payment, unless otherwise provided by any law, regulation or program of the federal government. Such retainage shall be held to assure faithful performance of the Contract and may also be used as a fund to deduct amounts due to or claimed by the Owner, including, but not limited to, payment to the Owner of all moneys due for deductive change orders, credits, uncorrected Defective Work, interest, damages, and the like. (Code of Virginia § 2.2-4333). The Owner may, at its sole discretion, agree on an item by item basis to release the retainage on items which are fully 100% complete and which have been accepted by the Owner as being tested and complete and on which no further action or work will be required.

C. The Final Payment, which shall include the retainage, less any amounts due to or claimed by the Owner, shall not become due until the Owner’s inspection, and agrees that Final Completion has been achieved and until the Contractor shall deliver to the Owner a Certificate of Completion by the Contractor. Amounts due the Owner which may be withheld from the Final Payment may include, but are not limited to, amounts due pursuant to costs incurred to repair or replace Defective Work, costs incurred as a result of the

Contractor’s negligent acts or omissions or omissions of those for whom the Contractor is responsible, delay damages, and any liquidated or actual damages.

SECTION B: CONTRACT SPECIFIC TERMS AND CONDITIONS

1. eVA REGISTRATION: Frederick County utilizes eVA, Virginia’s electronic purchasing system to communicate and award with Offerors. In the event of an award, the selected Offeror shall be required to register in eVA. There is no cost associated with registration.

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

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

4. BID OPENING: Bids must be received by the date and time indicated on the Announcement page. Bids shall be opened on the due date at 2:05 p.m., in the County Administration Building’s 1st Floor Conference room, located at 107 N. Kent Street, Winchester VA, 22610.

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

6. ADDENDA AND CHANGES TO BIDS: Changes or supplemental instructions to this Invitation for Bids will be posted online with this solicitation. It is the Offeror's responsibility to check for addenda prior to the due date and time to ensure that all addenda are received.

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

A bidder may amend and/or withdraw a bid before the due date and time set on the Announcement page. All requests from a potential bidder to return their bid shall be in writing, addressed to the Purchasing Manager, and signed by an authorized representative.

7. BID SUBMISSION REQUIREMENTS:

a. Bid Form: Each bidder shall submit a completed Bid Form and any other bid requirements as outlined. No erasures shall be permitted. Errors and other changes shall be struck through with a single line and initialed.

Bids shall be furnished in a lump sum price bases as called for in this Invitation for Bid, in numerical figures and written dollar amounts. The written word shall take precedence. Figures shall be written in ink or typed.

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

c. (Preferred Method) In lieu of hard copy submissions, electronic submissions are permitted. Your firm’s bid submittal, consisting of one (1) complete electronic copy and one (1) redacted electronic copy (if applicable) in a “pdf” format, will be received no later than the date and time listed on the IFB

Announcement page, by submitting through the Commonwealth of Virginia’s electronic procurement platform eVA.

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

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

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

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

a. Bids not written in ink or typed

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

c. Bids not properly signed

d. Erasures or alterations not initialed by the bidder

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

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

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

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

County.

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

12. INVOICING: The Contract and/or purchase order number shall be included on each invoice and packing slip.

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

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

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

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

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

16. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless The County of Frederick, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract, the Contractor shall furnish proof of said insurance prior to commencement of services.

Separate forms, which name the County as an additional insured and as alternate employer, must be included with the Certificate of Insurance. Please see the General Terms and Conditions for additional information regarding insurance coverage limits. Please make sure prior to submitting a proposal that all insurance endorsements forms have been reviewed by your insurance carrier.

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

Contractor shall have ten (10) days from the date of the County’s request, to provide insurance documentation.

Failure to provide the certificate and forms within this period may be cause for the County to award a contract to the next responsive Bidder and hold the original Contractor liable for excess costs.

17. METHOD OF ORDERING: The Contractor shall provide the goods or services requested upon receipt of a

Purchase Order if applicable or signed Contract/Agreement.

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

19. SUBSTITUTIONS/ALTERNATES

a. Unless qualified by the provision "NO SUBSTITUTE", the use of the name of the manufacturer, brand make or catalog designation in specifying an item does not restrict Bidders to the manufacturer, brand, make or catalog designation identification. This is used simply to indicate the character, quality and/or performance equivalence of the goods and/or services desired. The goods and/or services on which bids are submitted must be of such character, quality and/or performance equivalence that it will serve as that specified. In submitting bids on goods and/or services other than as specified, Bidder shall furnish complete data and identification with respect to the alternate goods and/or services they propose to furnish.

b. Consideration will be given to bids submitted on alternate goods and/or services to the extent that such action is deemed to serve the best interests of the County. If the Bidder does not indicate that the goods and/or services he proposes to furnish is other than specified, it will be construed to mean that the Bidder proposes to furnish the exact goods and/or services described.

20. EXAMINATION OF CONDITIONS: Each Bidder shall fully investigate site conditions and determine work conditions and take necessary measures to ensure a complete understanding of the specifications and work requirements. Failure to become familiar with the site conditions or work conditions will not relieve the

Contractor from furnishing all materials or performing the work in accordance with the Specifications.

21. WARRANTY: The Contractor warrants the goods/services furnished to be of the highest quality and be free from defects for a period of one year from the date of delivery or installation and shall carry the standard manufacturer’s warranty. If installed, the warranty shall include parts, labor and all return delivery costs.

Replacements and repairs shall be made by the Contractor at no cost and to the satisfaction of the County.

22. SCHEDULING AND DELAYS: The parties to a contract resulting from this IFB acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the County. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons.

The County shall not be required to pay any of the Contractor’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions. If the County delays the project for any reason for a continuous period of ninety (90) days or more, the County and Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount.

23. BOND REQUIREMENTS

a. Bid Bonds: All bids shall be accompanied by a Bid Bond from a surety company selected by the

Bidder, which is legally authorized to do business in Virginia in the amount of five percent (5%) of the amount of the bid.

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

Performance Bond and the Standard Labor and Material Payment Bond shall be given. And further, in the event of the withdrawal of the said bid within said period, or failure to enter into said Contract and give said Bonds within ten (10) days after Bidder has received a Notice of Award, the Bidder shall be liable to the Frederick County Board of Supervisors for the lesser of (i) the difference between the

Bid for which the Bond was written and the next low Bid, or (ii) the face amount of the Bid Bond.

This amount represents the damage to the Frederick County Board of Supervisors on account of the default of the Bidder in any particular hereof.

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

Bidder.

c. Performance and Payment Bonds: Upon the award of a Contract resulting from this IFB, awarded to the successful Bidder(s), the Contractor shall furnish to Frederick County Performance and Payment bonds.

i. The successful Bidder, at the time of the execution of the Contract, shall furnish both

Performance and Payment Bonds, each in an amount equal to 100% of the Contract Price and the Contract shall not be deemed to have been fully executed until such bonds are provided.

Bonds shall be issued by a surety company licensed to conduct business in the Commonwealth of Virginia and listed on the United States Treasury Department’s latest Circular 570. The

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

SECTION C: TERMS AND CONDITIONS

FREDERICK COUNTY VIRGINIA

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

TO THE APPLICABLE CONDITIONS AND REQUIREMENTS IN THE GENERAL CONDITIONS AND

INSTRUCTIONS TO BIDDERS/OFFERORS UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION

AND SUBJECT TO APPLICABLE STATE, LOCAL, AND FEDERAL LAWS.

BIDDERS/OFFERORS OR THEIR AUTHORIZED REPRESENTATIVES SHOULD INFORM THEMSELVES

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

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

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

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

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

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

2. PRE-BID AND BID SUBMISSION REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(www.eva.virginia.gov).

4. AWARD

a. A notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov ).

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

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

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

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

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

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

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

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

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

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

Section 6 below, must be submitted to the County 60 days prior to the end of the then current term.

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

(5%) annually, whichever is less.

10. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by Contractor within any 12-month period is $750,000 or more, the Contractor is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken within any 12-month period is $150,000 or more, but less than $750,000 or more, the Contractor is required to be licensed as a “CLASS B CONTRACTOR.” If such a contract is over $1,000 but less than $10,000, or if the

Contractor does less than $150,000 in business in a 12-month period, the Contractor is required to be licensed as a “CLASS C CONTRACTOR.” The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The Contractor shall insert his contractor license number:

Licensed Class A Virginia Contractor No. _______________Specialty _______________

Licensed Class B Virginia Contractor No. _______________Specialty _______________ https://www.scc.virginia.gov/

Licensed Class C Virginia Contractor No. _______________Specialty _______________

If the Contractor shall fail to provide this information or fails to promptly provide said contractor license number to the County in writing when requested to do so, he shall be deemed to be in violation of § 54.1-1115 of the Code of Virginia (1950), as amended, and his bid/proposal will not be considered.

If a Contractor shall fail to obtain the required license prior to submission of a bid/proposal, quote, or statement of work, the Contractor shall not be considered.

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

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

The Commonwealth of Virginia requires contractors and subcontractors to obtain and…