IFB 24 - Nike Park Roof Replacement 2024.pdf

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January 29, 2024

IFB # 24-4110-240

INVITATION FOR BID

DEPARTMENT OF BUDGET AND FINANCE

Nike Park – Facility Maintenance Building

Roof Replacement

Section A (Submit with the bid)

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January 29, 2024

INVITATION FOR BID

DEPARTMENT OF BUDGET AND FINANCE

Nike Park - Facility Maintenance Building Roof Replacement Re-Bid

SCOPE OF WORK: General Scope of Work: Remove and dispose of existing modified bitumen and gravel surfaced roof systems on Roof Sections A and B down to the roof deck. Remove and dispose of the existing metal panel roof system on Roof Section C down to the roof joists. Work is to include the complete removal and disposal of the existing roof membranes, flashings, insulation, gravel, and sheet metal flashing down to the existing roof decks. Provide a new fully adhered EPDM roof membrane over mechanically attached insulation, sheet metal flashings, and wood bocking on Roof Sections A and B. Provide a new, metal panel roof system on Roof Section C.

Mandatory Pre-bid Meeting: 10:00 AM, February 5, 2024, at 13034 Nike Park Road, VA 23314.

Questions Due: February 8, 2024, 3:00 pm

Bid Due: February 15, 2024, 2:00 pm Bid Opening: February 15, 2024, 2:15 pm

Contract Officer:

Erin Wishall, Assistant Purchasing Agent, ewishall@isleofwightus.net

In compliance with this invitation for bids, and subject to all the conditions thereof, the undersigned offers, if this bid is accepted within ninety

(90) calendar days from the date of the opening, to furnish all of the services on which prices are quoted, at the price set opposite each item, to be performed as specified herein. The undersigned certifies he has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of firm named below.

Company Name: __________________________________

Address:

City / State / Zip:

Telephone: _____________________

E-mail:

Print Name: _____________________ Signature: _________________________________________________

Title: _________________________________________________ Date : _____________________ mailto:ewishall@isleofwightus.net

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Table of Contents

Section A

INVITATION FOR BIDS

BID DOCUMENTS

QUESTIONS

BID OPENING

BID SUBMITTALS

AWARD

WORK DAY

PRE-BID MEETING…………………………………………………………………………………………………5

LIQUIDATED DAMAGES

NOTICE OF ESCROW………………………………………………………………………………………………6

SCOPE OF WORK

BID FORM………………………………………………………………………………………………………… ..8

SCHEDULE OF UNIT PRICES

CONDITIONS AND INSTRUCTIONS

INSURANCE REQUIREMENTS

ANTI-COLLISION / DRUG FREE WORKPLACE CLAUSE

PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

EXCEPTION PAGE

Section B

AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

Section C

TECHNICAL DRAWINGS

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INVITATION FOR BIDS

The County of Isle of Wight, Virginia shall accept sealed bids until 2:00 pm local time, February 15, 2024.

Bids received prior to the opening time specified below shall be publicly opened and read aloud at the specified opening time at the Historic Courthouse, Robert C. Claud, Sr. Board Room at the Isle of Wight County Courthouse Complex on Route 258, Isle of Wight, VA 23397.. Electronic bids will not be accepted at this time.

BID DOCUMENTS:

Bid Documents and any addenda issued may be obtained on the Isle of Wight website under Budget and Finance: http://www.co.isle-of-wight.va.us/budget-and-finance/ and on the State’s eVA website:

http://eva.virginia.gov/, or from the Purchasing office at: Isle of Wight County, Department of Budget and Finance, 17090 Monument Circle, Suite 137, Isle of Wight, Virginia, 23397

QUESTIONS:

Questions concerning this project must be in writing and addressed to ewishall@isleofwightus.net and must be received no later than 3:00 pm, February 8, 2024.

BID OPENING:

Bids shall be publicly opened and read aloud on the date that the bids are accepted. Public openings will be held at 2:15 pm (local prevailing time) or nearly thereafter as possible, Thursday, February 15, 2024, in the Historic Courthouse, Robert C. Claud, Sr. Board Room at the Isle of Wight County Courthouse Complex on Route 258, Isle of Wight, VA 23397. Tabulations of all opened bids will be posted on our website and eVA as soon thereafter as possible for those who choose not to attend the bid opening.

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY TO

PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION AS SOON AS

POSSIBLE.

BID SUBMITTALS:

Bids may be mailed or hand delivered to the Isle of Wight County Department of Budget and Finance at the address posted below. Isle of Wight County will not be responsible for any bids that are not able to be delivered, for any reason, to the County by/on the closing date and time listed. Bids received by telephone, telegraph, facsimile, or any other means of electronic transfer shall not be accepted. Bids will be received on or before the date and hour and at the place stipulated in the Invitation to Bid as may be modified by sub sequent Addenda. Late Bids will NOT be accepted.

Department of Budget and Finance 17090 Monument Circle, Suite 137 Isle of Wight, Virgina 23397

The entire bid must be submitted on the designated Bid Form and Addenda Forms, with Bid Form and Addenda Forms signed by an authorized representative and delivered as a sealed hard copy. Failure to comply with this instruction may result in the bid being deemed non-responsive. Please include two (2) additional copies of the bid, along with the hard copy.

Bidders should carefully examine the specifications and fully inform themselves to all conditions and matters that could any way affect the cost thereof. Should a bidder find discrepancies in or omissions from http://www.co.isle-of-wight.va.us/budget-and-finance/ http://eva.virginia.gov/

I-5 the specifications or Invitation to Bid, or should be in doubt as to their meanings, he should notify the Assistant Purchasing Agent, Erin Wishall, by email at: ewishall@isleofwightus.net. All questions shall be directed in writing (email) to Ms. Wishall: ewishall@isleofwightus.net.

The right is reserved to revise or amend these specifications prior to the date set for receipt of bids as may be required by the County. That date may be delayed if deemed necessary by the County. Any revisions and/or amendments will be in the form of an addendum to this document.

Bidder confirms that they have examined copies of all the Bid Documents including the following Addenda:

Date Number

Bidder has made such independent investigations as Bidder deems necessary to fully inform himself as to the conditions affecting cost and progress of performance of the Work.

AWARD

Award shall be given to the lowest responsive and responsible bidder based upon Base Bid.

WORK DAY

Daily work may begin at 7:00 AM with work areas secured by 4:00 PM unless otherwise requested and approved by the County in writing. All internal roads/facility access must remain open unless prior approval form the County is obtained.

PRE-BID MEETING

The bidder is required to be familiar with the site conditions prior to submitting a bid. A pre-bid meeting is scheduled for February 5, 2024, at 10:00 am, at 13034 Nike Park Rd., Carrollton, VA 23314. Questions from this meeting should be submitted in writing as described in Question section of previous page.

LIQUIDATED DAMAGES

If said work is not completed within the time stated in the Notice to Proceed, for each project location, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the amount of one hundred dollars ($100.00) per calendar day for each and every part of a day thereafter that said work remains substantially incomplete for a location. The County reserves the right, at its sole discretion, to deduct liquidated damages from any outstanding amount due the Contractor.

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN

ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION AS

SOON AS POSSIBLE.

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NOTICE OF ESCROW OPTION

IF THIS IS A BID FOR CONSTRUCTION, AS DEFINED IN VIRGINIA CODE SECTION

2.2- 4334, IN THE AMOUNT OF $200,000.00 OR MORE, I/WE ELECT TO UTILIZE THE

ESCROW ACCOUNT PROCEDURE DESCRIBED IN THE PROVISIONS OF THIS BID IF

DETERMINED TO BE THE SUCCESSFUL LOW BIDDER(S).

CHECK A BOX: □ YES □ NO

INTEREST ON RETAINAGE:

At the time the Contractor submits a bid, the Contractor shall have the option to use the escrow account procedure for utilization of County retained funds by so indicating in the space provided in the bid documents. In the event the Contractor elects to use the escrow account procedure, the "Escrow Agreement" form included in the Bid and Contract shall be executed and submitted to the County within 15 calendar days after notification of award of the bid. If the "Escrow Agreement" form is not submitted as noted herein, the Contractor shall forfeit such rights to the use of the escrow account procedure. To have retained funds paid to an escrow agent, the Contractor, the escrow agent and the surety shall execute an "Escrow Agreement" form and submit same to the County for approval. The Contractor's escrow agent shall be a trust company, bank or savings and loan institution with its principal office located in the Commonwealth of Virginia. The "Escrow Agreement" form shall contain the complete address of the escrow agent and surety, and the executed "Escrow Agreement" will be authority for the County to make payment of retained funds to the escrow agent. After approving the agreement, the County will pay to the escrow agent the funds retained as provided herein except that funds retained for lack of progress or other deficiencies on the part of the Contractor will not be paid to the escrow agent. The escrow agent may, in accordance with the stipulations contained in the "Escrow Agreement", invest the funds paid into the escrow account and pay earnings on such investments to the Contractor or release the funds to the Contractor provided such funds are fully secured by approved securities.

Retained funds invested and securities held as collateral for retainage may be released only as and when directed by the County. When the final payment is released by voucher, the County will direct the escrow agent to settle the escrow account by paying the Contractor or the County monies due them as determined by the County. The County reserves the right to recall retained funds and to release same to the surety upon receipt of written request from the Contractor or in the event of default.

This section shall be applicable only to contracts for $200,000.00, or more, for the construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, and the installation of water, gas, sewer lines, and pumping stations.

This section shall not apply to contracts for construction for railroads, public transit systems, runways, dams, foundations, installation or maintenance of power systems for the generation and primary and secondary distribution of electric current ahead of the customer's meter, the installation or maintenance of telephone, telegraph, or signal systems for public utilities and the construction or maintenance of solid waste or recycling facilities and treatment plants.

If this contract includes payment of interest on retained funds, the contractor, exclusive of reasonable circumstances beyond the control of the contractor stated in the contract, shall pay the specified penalty for each day exceeding the completion date stated in the contract. Any subcontract for such public project, which provides for similar progress payments, shall be subject to the provisions of this section.

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SCOPE OF WORK

The Contractor shall provide all labor, materials, equipment and supervision as outlined in the Specifications and Drawings. The following is a summary description of the Project:

1. Remove and dispose of existing modified bitumen and gravel surfaced roof systems on

Roof Sections A and B down to the roof deck. Remove and dispose of the existing metal panel roof system on Roof Section C down to the roof joists. Work is to include the complete removal and disposal of the existing roof membranes, flashings, insulation, gravel, and sheet metal flashing down to the existing roof decks. Provide a new fully adhered EPDM roof membrane over mechanically attached insulation, sheet metal flashings, and wood blocking on Roof Sections A and B. Provide a new, metal panel roof system on Roof Section C. The approximate roof areas are as follows:

Roof Section A - Approximately 1,380 SF (Wood Deck) Roof Section B – Approximately 200 SF (Wood Deck) Roof Section C – Approximately 1,500 SF (Wood Deck)

2. Provide a new fully adhered 60 mil EPDM roof membrane system over new mechanically attached polyisocyanurate insulation over Roof Sections A and B.

3. Provide new fully adhered EPDM membrane flashings, sheet metal flashings and wood blocking as outlined in the Contract Documents.

4. Provide all necessary utility disconnects, reconnects and utility extensions needed to complete the work.

5. Provide new gutters and downspouts on Roof Section C.

6. Provide a 3-year contractor’s warranty and a 20-year manufacturer’s roof system warranty.

1.4 USE OF PREMISES

A. General: Owner will occupy the facility during the Work, the Contractor shall coordinate the Work which will impact the use of the facility with the Owners onsite personnel.

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BID FORM

TO: Isle of Wight County, Virginia Director of Budget and Finance 17090 Monument Circle, Suite 137 Post Office Box 80 Isle of Wight, Virginia 23397

RE: Isle of Wight County, Virginia

Nike Park – Facility Maintenance Building Roof Repair Re-Bid

IFB 24-4110-240

The undersigned Bidder, , offers and agrees, if this Bid is accepted, to enter into an Agreement with the Owner in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Base Bid of

Bidder agrees to begin the Work within ten (10) days of Notice to Proceed and that Final Completion shall be within seventy (70) calendar days of Notice to Proceed. In submitting this bid, Bidder represents, as more fully set forth in the Bid Documents, that:

Bidder has examined copies of all the Bid Documents including the following Addenda:

Date Number

Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, State and local laws, ordinance, rules and regulations) and has made such independent investigations as Bidder deems necessary to fully inform himself as to the conditions affecting cost and progress of performance of the Work.

The Method of Payment is invoice processing upon presentation with Terms of Net 30 days.

Not more than fifty percent (50%) of the work shall be subcontracted and the amount of any subcontractors proposed by the bidder in excess of ten percent (10%) of the bid price shall be identified on the Bid Form.

Subcontractor:

Subcontractor:

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Bidders shall provide a list of at least three (3) references (1 each from the last 3 construction projects).

Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number.

ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE

1.

2.

3.

Bidder accepts all terms and conditions of the Contract Documents.

I certify by my signature below that I have received the documents associated with this Bid and understand that the review for completeness of these documents and the understanding and comprehension of the specifications is solely my responsibility; based on this, by my signature below, I waive all rights to future claims against Isle of Wight County that the documents were incomplete or not understandable.

My signature below certifies that this Bid is not the result of or affected by any act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under Section 18.2-498.1 et. seq. of the Code of Virginia (1950, as amended). Furthermore, I understand that fraudulent bidding is a crime under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Anti-Trust Act, and federal law and can result in fines, prison sentences, and civil damage awards.

I certify that the bidder represented herein is eligible to bid with respect to all applicable sections of State and Local Government Conflict of Interest Act, Section 2.2-3100 Et Seq., of the Code of Virginia (1950, as amended).

I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid.

Virginia Contractor No.

Signature Date

Print

State Corporation Commission Identification No:

Or

Describe why the bidder or offeror is not required to be authorized by the State Corporation Commission:

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(An Individual, Partnership, or Non-Incorporated Organization) Type/Print

Name

Title

Name of Organization

Business Address

Phone Number Fax No.

(A Corporation)

Corporation Name

State of Incorporation

Person Authorized to Sign

Title

(Corporate Seal)

Attest (Secretary)

(A Joint Venture)

By (Signature)

Type/Print Name

Title

Virginia Contractor No.

By (Signature)

Type/Print Name _

Title

Virginia Contractor No.

(Each joint venturer must sign. The name of signing for each individual, partnership and corporation that is a party to the joint venture shall be in the manner indicated above.)

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SCHEDULE OF UNIT PRICES

Project: Nike Park – Facility Maintenance Building Roof Replacement – Re-Bid

Bid Submitted By _________________________________________________________

Unit Prices shall include the furnishing of labor, material and all incidental work called for in the Contract Documents.

A. Unit Price #1:

Provide a unit price to remove, dispose of, and provide new wood nailers/blocking in accordance with specifications Section 06105 “Miscellaneous Carpentry.”

$ per Board Foot Replaced

B. Unit Price #2:

Provide a unit price to remove, dispose of and provide new tongue and groove wood roof decking and secure to framing. Decking shall match existing profile and grade.

$ per Square Foot Replaced

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CONDITIONS AND INSTRUCTIONS

Rev: 1/29/24

1. Use of Form: All bids shall be submitted as a sealed hard copy in accordance with this form. The

County’s published Conditions and Instructions shall supersede any additional writings by bidder submitted with the proposal. Such writings shall be clearly marked and noted as an exception. The County requests that the entire bid document, with the exception of attached bid specifications provided in bid document, be returned with the bidder’s submission. Contractor is responsible for ensuring the bid specifications are followed as required in the bid documents.

2. Submittals: Bids may be mailed or hand delivered to the Isle of Wight County, Department of Budget and Finance at the address posted below. Isle of Wight County will not be responsible for any bids that are not able to be hand delivered, for any reason, to the County by/on the closing date and time listed.

Late Bids will NOT be accepted.

3. Late Bids: Bids and amendments thereto, if submitted after the date and time specified, will not be considered. It will be the responsibility of the offeror to see that their proposal is sent before the time specified. There will be no exceptions.

4. County Closures: Should the County’s offices be closed, or its electronic networks connectivity prevent receipt of bids at the time of the scheduled proposal closing, the Bids will be opened on the next business day of the County, at the original scheduled hour, or as soon as connectivity is restored during normal business hours. While the opening may be delayed by any such occurrence, it is NOT to be considered an extension of the due date/time.

5. Acceptance of Bid: Receipt of the bid by the County is not to be construed as an award.

6. Offer/Acceptance: Each bid is received with the understanding that the acceptance in writing by the

County of the bidder to furnish all of the services described therein, shall constitute a contract between the bidder and the County, which shall bind the bidder to furnish and deliver the services quoted at the prices stated and in accordance with the conditions of the accepted bid; and the County on its part to order from such bidder, except for causes beyond reasonable control; and pay for, at the agreed prices, all services specified and performed.

7. Withdrawal of Bids: Bidder has the right to request withdrawal of their bids from consideration due to error by giving notice not later than two business days after the bids are publicly opened. Work papers showing evidence of error(s) may be required.

Bids may be withdrawn any time prior to the bid opening. Withdrawal of bids may be accomplished by submitting such request in writing on the issuing company's letterhead in person, electronically (email) or by certified mail.

8. Addenda: If issued, addenda to this solicitation will be posted on the Purchasing website http://www.co.isle-of-wight.va.us/budget-and-finance/ and on the Commonwealth’s website, http://eva.virginia.gov/. It is the bidder’s responsibility to check one of the websites or to contact the Purchasing division prior to the submittal deadline to ensure that the bidder has a complete, up-to-date package. Acknowledgement of all issued Addenda shall be indicated on the bid form in the appropriate spaces.

9. Governing Document: The solicitation document maintained by Purchasing in the bid file, shall be considered the official copy. In the case of any inconsistency between bid documents submitted to the County, but not clearly listed as an exception, the language of the official copy shall prevail. Furthermore, any exception or change to the specifications made by the bidder may because to disqualify your bid.

http://www.co.isle-of-wight.va.us/budget-and-finance/ http://eva.virginia.gov/

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10. Award: Award will be made to the lowest responsive and responsible bidder. The quality of the goods and/or services to be supplied, their conformity with the specifications, their suitability to the requirements, the delivery, qualifications and references will be taken into consideration in making the award. The County reserves the right to refuse all bids. Determination of low bid shall be determined by the Base Bid.

11. Brand Names: The use of the name of a manufacturer, brand, make or catalog designation in specifying an item shall restrict bidders to the manufacturer, brand, make or catalog designation identified, unless qualified by the provision “or equal.” If qualified by the provision “or equal” the Brand Names are 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 that they propose to furnish. It shall be in the County’s sole judgment if a substitute product offered is an approved equal and acceptable

12. Samples: Samples, when requested, must be furnished free of expense, and upon request, if not destroyed, will be returned at the bidder’s risk and expense. Once a decision to award has been made, samples may be returned. Those left for more than 60 days may incur storage fees or be disposed of by the County.

13. Negotiation: Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted; except that if the bid from the lowest responsible bidder exceeds available funds, the County may negotiate with the apparent low bidder to obtain a contract price within the available funds.

14. Announcements: Upon the award or the announcement of the decision to award a contract, the County will publicly post such notice on the bulletin board located outside of the Purchasing Division and on the County’s web site: http://www.co.isle-of-wight.va.us/budget-and-finance/

15. County’s Rights: The County reserves the right to reject any and all bids, and to waive any informality if it is determined to be in the best interest of the County. Requirements of the bid may not be waived.

16. Prices: Prices shall be stated in units of quantity specified. No additional charges shall be passed to the County, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the County. In case of error in the extension of prices, the unit price shall govern.

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

18. Delivery: The time of performance of work must be as required in the specifications.

19. Standard equipment: Any equipment delivered must be standard, new and unused equipment, latest model, except as otherwise specifically stated in the bid. Where any part or the normal accessories of equipment is not described, it shall be understood that all the equipment and accessories that are usually provided in the manufacturer’s stock model shall be furnished.

20. Silence of Specifications: The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

http://www.co.isle-of-wight.va.us/budget-and-finance/

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21. Capacity of Bidder: All bids must be signed by a responsible officer or employee having the authority to bind the firm in contract. The bidder agrees that its contract performance shall be in strict conformance with the contract documents.

22. Rights to Damages: By signing this bid, the bidder assigns to the County any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to this bid. This provision is remedial in nature and is to be liberally construed by any court in favor of the County.

23. Anti-collusion: The bidder certifies by signing this Invitation of Bid that this bid is made without prior understanding, agreement, or accord with any other person or firm submitting a bid for the same goods and/or services and that this bid is in all respects bona fide, fair, and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. Any false statement hereunder may constitute a felony and can result in a fine and imprisonment, as well as civil damages.

24. Indemnification: The Contractor shall defend, indemnify and hold the County, and the County’s employees, agents, and volunteers, harmless, from and against any and all damage claim, liability, cost, or expense (including, without limitation, attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the contractor, its employees, agents, and volunteers, or incurred by or claimed against the County, the County’s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the contractor. This indemnification and hold harmless includes, but is not limited to, any financial or other loss including, but not limited to, any adverse regulatory, agency or administrative sanction or civil penalties, incurred by the County due to the negligent, fraudulent or criminal acts of the contractor or any of the Contractor’s officers, shareholders, employees, agents, contractors, subcontractors, or any other person or entity acting on behalf of the Contractor. Unless otherwise provided by law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor under worker’s compensation acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof.

(Isle of Wight has no legal authority to indemnify others. Firms submitting responses agree that they will not require the County to indemnify them in any resulting contract.)

25. Laws, Regulations: The Contractor shall keep fully informed of all federal, state, and local laws, ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations.

26. Alien employment: The Contractor certifies that he does not and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ unauthorized aliens as defined in the federal Immigration Reform and Control Act of 1986, as amended and every contractor with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 to perform work or provide services pursuant to such contract shall comply with the provisions of Section 2.2-4308.2 "Employment Eligibility," as amended from time to time. This includes but is not limited to registration and participation in the E-Verify program to verify information and work authorization of its hired employees performing work pursuant to such public contract and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to

I-15 comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

27. SCC Authorization: All bidders or offerors organized or authorized to transact business in the

Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall include the identification number issued to it by the State Corporation Commission. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50, as amended, or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

SCC Number or Statement: _______________________________________________

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.

28. Contractor’s License: If any of the services promulgated under this solicitation consist of construction work, it is required under Title 54.1, Chapter 11, Code of Virginia, for a contractor who performs or manages construction, removal, repair, or improvement when the total value referred to in a single contract or project is:

One hundred twenty thousand dollars ($120,000) or more, or the total value of all such construction, removal, repair or improvements undertaken by such person within any twelve-month period is seven hundred fifty thousand dollars ($ 750,000) or more shall show evidence of being licensed as a Class A Contractor.

Ten thousand dollars ($10,000) or more, but less than one hundred twenty thousand dollars ($120,000) or the total value of all such construction, removal, repair, or improvement undertaken by such person within any twelve-month period is one hundred and fifty thousand dollars ($150,000) or more, but less than seven hundred fifty thousand dollars ($750,000) shall show evidence of being licensed as a Class B Contractor.

Over one thousand ($1,000) but less than ten thousand ($10,000), or the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is one hundred and fifty thousand dollars ($150,000) shall show evidence of being licensed as a Class C Contractor.

The County shall require master certification as a condition of licensure or certification of electrical, plumbing and heating, ventilation and air conditions contractors.

A valid business license from the County may be required. The bidder shall complete whichever of the following notations as appropriate:

“Licensed Class ‘A’ Virginia Contractor Number .”

“Licensed Class ‘B’ Virginia Contractor Number .”

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“Licensed Class ‘C’ Virginia Contractor Number .”

29. Payment Terms: Payment terms shall be ‘Net 30’days, from the date of Contractor invoice approval by the County.

Payment terms, if offered, shall not be considered in determining the low bidder.

Discount period, if offered, shall be computed from the date of proper receipt of the contractor’s correct invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.

The payment terms stated herein must appear on the contractor’s invoice. Failure to comply with this requirement shall result in the invoice being returned to the contractor for correction.

Late payment charges shall not exceed the allowable rate specified by the Commonwealth of Virginia Prompt Payment Act. (1% per month)

Contractor shall submit invoices in duplicate, such statement to include detailed breakdown of all charges, and shall be based on completion of tasks or deliverables.

Individual Contractors shall provide their social security numbers, and proprietorships, partnerships, and corporations shall provide their federal employer identification number on their submittal.

The County prefers to make payment with the County’s Purchasing Card. Typically this enables faster payments to the Contractor. Are you willing and able to accept this type of payment?

Yes____ No____ (See paragraph 62 for links)

30. Default: In event of default by the Contractor, the County reserves the right to procure the services from other sources and hold the Contractor liable for any excess cost occasioned thereby. Such actions taken by the County shall not release the contractor from additional remedies that may be allowed by law.

31. Availability of Funds: A contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The County’s extended obligations on those contracts that envision extended funding through successive fiscal periods shall be contingent upon actual appropriations for the following years.

32. Appeals Procedure: Upon your request, administrative appeals information will be provided that shall be used for hearing protests of a decision to award, or an award, appeals from refusal to allow withdrawal of bids, appeals from disqualification, appeals for debarment or suspension, or determination of non-responsibility and appeals from decision or disputes arising during the performance of a contract. To be timely all appeals shall be made within the time periods set forth by the Virginia Public Procurement Act, §2.2-4357, et seq. Contact the buyer at once for assistance.

33. Faith-based Organizations: The County of Isle of Wight does not discriminate against faith-based organizations.

34. Anti-Discrimination: By submitting their bids, bidders certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and 2.2-4311 of the Virginia Public Procurement Act (VPPA).

If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's

I-17 religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia 2.2.4343.1E).

In every contract over $10,000 shall include the following provisions:

1. During the performance of this contract, the Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, service-disabled veterans or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The Contractor will include the provisions of Section a, b, and c above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

35. Drug-Free Workplace: During the performance of this contract, the Contractor agrees to (1) provide a drug-free workplace for the Contractor's employees; (2) post in conspicuous place, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (3) state in all solicitation or advertisement for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (4) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

36. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County.

37. Independent Contractor: The Contractor and any employees, agents, or other persons or entities acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or agents of the County.

38. Scheduling and Delays: The parties to any contract resultant of this solicitation 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, I-18 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 required or ordered by the County. 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. Notwithstanding the above, in construction contracts, to the extent that an unreasonable delay is caused by the act or omissions of the County due to causes within the County’s control, the above waiver or release shall not apply.

39. Governing Law: This Agreement is made, entered into, and shall be performed in the County of Isle of

Wight, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflict of law rules. In the event of litigation concerning this Agreement, the parties agree to the exclusive jurisdiction and venue of the Circuit Court of the County of Isle of Wight, Virginia;

however, in the event that the federal court has jurisdiction over the matter, then the parties agree to the exclusive jurisdiction and venue of the U.S. District Court for the Eastern District of Virginia, Norfolk Division.

The Contractor shall not cause a delay in services because of the pending or during litigation proceedings, except with the express, written consent of the County or written instruction/order from the Court.

40. Severability: If any provision of this contract or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected hereby, and each provision of this contract shall be valid and enforced to the full extent permitted by law.

41. Termination for Convenience: The County may at any time, and for any reason, terminate this Contract by written notice to Contractor specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed.

Notice shall be given to Contractor by certified mail/return receipt requested at the address set forth in Contractor’s Bid Proposal or as provided in this Contract. In the event of such termination, Contractor shall be paid such amount as shall compensate Contractor for the work satisfactorily completed, and accepted by the County, at the time of termination. If the County terminates this Contract, Contractor shall withdraw its personnel and equipment, cease performance of any further work under this Contract, and turn over to the County any work completed or in process for which payment has been made.

42. Termination for Cause: In the event that Contractor shall for any reason or through any cause be in default of the terms of this Contract, the County may give Contractor written notice of such default by certified mail/return receipt requested at the address set forth in Contractor’s Bid/Proposal or as provided in this Contract.

Unless otherwise provided, Contractor shall have ten (10) days from the date such notice is delivered, whether electronic, by mail, or in person, in which to cure the default. Upon failure of Contractor to cure the default, the County may immediately cancel and terminate this Contract as of the delivery date, whether electronic, US Mail, or by hand, of the default notice.

Upon termination, Contractor shall withdraw its personnel and equipment, cease performance of any further work under the Contract, and turn over to the County any work in process for which payment has been made. In the event of violations of law, safety or health standards and regulations, this Contract may be immediately cancelled and terminated by the County and provisions herein with respect to opportunity to cure default shall not be applicable.

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43. Contact Prohibition: Direct contact with County departments other than Purchasing, on the subject of this bid, is expressly forbidden except with the foreknowledge and permission of the Contract Officer. Violation may result in a determination that your firm is ineligible for an award.

All questions shall be in writing to the Contract Officer shown on the title page of the bid. The respondents to this IFB shall not contact, either directly or indirectly, any other employee or agent of the County regarding this IFB. This prohibition shall also extend to the County Board of Supervisors and locally elected officials. Any such unauthorized contact may disqualify the bidder from this procurement.

44. Additional Conditions: The Conditions and Instructions in this solicitation are intended to apply to the resulting contract and shall supersede any conflicting terms offered. Any additional conditions a bidder intends be considered must be submitted with the bid and noted as an exception. Such exceptions may result in a finding that the submittal is ‘non-responsive’ to the bid, negating possibility of an award to that bidder. Contractual documents submitted by the successful firm after an award will not be accepted.

45. Contractor Failure to Perform: Failure of the Contractor to perform the contract by reason of the

County’s non-acceptance of additional conditions submitted after the award shall result in termination of the contract by the County and may result in debarment of the Contractor for a period of up to three

(3) years. Termination and /or debarment of the Contractor shall not constitute a waiver by the County of any other rights or remedies available to the County by law or contract.

46. Conflict: In the event of a conflict between the contract documents, including these Conditions and

Instructions, and the terms of a purchase order, or related document issued by Purchasing, the contract documents shall control.

47. Records and Inspection: The Contractor shall maintain full and accurate records with respect to all matters covered under this contract, including, without limitation, accounting records, written policies, procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related to this contract. The Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the County and its employees, agents or authorized representatives after giving at least three (3) days’ notice to the Contractor by the County. The County shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the County to the Contractor pursuant to this contract or any renewal or extension of this contract. The County’s employees, agents or authorized representatives shall have access to the Contractor’s facilities, shall have access to all necessary records and shall be provided adequate and appropriate workspace, in order to conduct audits.

48. Rights and Remedies Not Waived: In no event shall the making by the County of any payment to the

Contractor, or the waiver by the County of any provision under this contract including any obligation of the Contractor, constitute or be construed as a waiver by the County of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the Contractor, and the making of any such payment by the County while any such breach or default exists shall not impair or prejudice any right or remedies available to the County.

49. Entire Agreement: This contract and any additional or supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be modified, altered, changed or amended unless in writing and signed by the parties hereto.

50. Conflicts of Interests: Contractor shall not accept or receive commissions or other payments from third parties for soliciting, negotiating, procuring, or effecting insurance on behalf of the County.

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51. Responsibility of Contractor: The Contractor shall, without additional costs or fee to the County, correct or revise any errors or deficiencies in his performance. Neither the County’s review, approval or acceptance of, nor payment for any of the services required under this Agreement shall be deemed a waiver of rights by the County, and the Contractor shall remain liable to the County for all costs which are incurred by the County as a result of the Contractor’s negligent performance of any of the services furnished under this Agreement.

52. Changes and Additions: It shall be the responsibility of the Contractor to notify the County, in writing, of any necessary modifications or additions in the Scope of this Agreement. Compensation for changes or additions in the Scope of this Agreement will be negotiated and approved by the County, in writing.

It is understood and agreed to by both the County and the Contractor that such modifications or additions to this Agreement shall be made only by the full execution of the County’s standard Agreement change order form.