IFB Public Works Security Fence with Plans 2026.0504.pdf

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TOWN OF STRASBURG

174 E King St Strasburg, VA 22657

PROJECT MANUAL

FOR

TOWN OF STRASBURG, VIRGINIA

PUBLIC WORKS

SECURITY FENCE INSTALLATION

IFB No. 2026-002

May 4, 2026 iii

THIS PAGE INTENTIONALLY BLANK

iv

Table of Contents

0001 Invitation for Bid

0100 Instructions to Bidders

0300 Bid Form

0301 Bid Security

0302 Contractor Eligibility and Registration

0312 Insurance Requirements

0400 General Terms & Conditions for the Town of Strasburg, VA

0501 Agreement

0502 Notice to Proceed

0800 Contractor's Application for Payment

TOWN OF STRASBURG

174 E King St

Strasburg, Virginia 22657 INVITATION for BID (IFB) COVER PAGE

ISSUE DATE:

May 4, 2026

INVITATION FOR BID NUMBER:

2026-002

FOR:

Public Works Security Fence Installation

DEPARTMENT:

Public Works

DATE/TIME OF CLOSING:

June 1, 2026; 1:00 PM local time

CONTRACT ADMINISTRATOR:

Brian Otis – Director of Planning & Infrastructure

DATE/TIME LAST DAY FOR

QUESTIONS:

May 15, 2026, at 4:00pm local time

NON-MANDATORY PRE-BID MEETING:

(OPTIONAL)

May 8, 2026, at 10:00am local time at Public Works Facility; 448 Borden Mowery Drive

PROJECT MANAGER:

Ray Heishman – Superintendent-Public Works

Bids - In accordance with the requirements set forth herein and in compliance with all terms and conditions, unless otherwise noted, the undersigned offers and agrees, if the bid is accepted, to furnish goods or services for which prices are quoted and to deliver or perform such goods or services at the designated location(s) within the time specified. It is understood and agreed that this entire IFB and any addenda shall constitute a binding contract upon award.

Sealed bids, subject to the terms and conditions of this Invitation for Bids (IFB), will be received by the Town of Strasburg until the date and time specified above for furnishing goods or services to the designated locations within the time required or stipulated by the bidder.

Bids may be submitted electronically through eVA, or hand delivered to the Town Office, 174 E. King Street, Strasburg, Virginia 22657.

This procurement may be extended to other public bodies in accordance with §2.2-4304 of the Cod of Virginia. By submitting a bid, the bidder agrees that other public bodies may purchase from any resulting contract at the same pricing and terms, if agreed by the Contractor.

The Town does not discriminate against small, minority businesses or faith-based organizations.

VENDOR INFORMATION

Name of Vendor: Telephone #: __

Address: Federal Employer Identification #:

Contact Name: Contact Email Address: _

By signing this bid, Vendor(s) certifies, acknowledges, understands, and agrees to be bound by the conditions set forth in this IFB.

VENDOR’S LEGALLY AUTHORIZED SIGNATURE DATE

PRINT NAME TITLE

Please take a moment to let us know how you found out about this Invitation for Bid (IFB) – Check one:

eVA Website Bid Room (Please List) ___________________________________________ The Town Website Notified by Town Directly Other (Please List) ________________________________________________________

*This document shall be completed & returned with bid submission*

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SECTION 0001

INVITATION

FOR BID

1. PROJECT

The Town of Strasburg is soliciting sealed bids for the installation of a new security fence at the Public Works Facility located at 448 Borden Mowery Drive, Strasburg, Virginia.

2. DESCRIPTION OF WORK

The project consists of furnishing all labor, materials, equipment, supervision, and incidentals necessary for the installation of a new eight-foot (8’) chain link fence with gates to enclose a portion of the facility, including the vehicle, equipment, and material storage yard.

3. BID DOCUMENTS

Bid documents are available electronically through the following sources:

• eVA: www.eva.virginia.gov

• Town of Strasburg website: www.strasburgva.com

• By request via email: botis@strasburgva.com

4. PRE-BID CONFERENCE (OPTIONAL)

An optional pre-bid conference will be held on Monday, May 8, 2026, at 10:00 AM at the Town of Strasburg Public Works Facility located at 448 Borden Mowery Drive, Strasburg, Virginia.

Interested bidders may visit and walk the project site immediately following the conference.

5. QUESTIONS

All questions regarding this Invitation for Bid (IFB) must be received no later than May 15, 2026, at 4:00 PM local time.

Questions or requests for clarification shall be submitted in writing by email to:

Brian Otis

Contract Administrator botis@strasburgva.com

Oral questions will not be accepted.

Responses to questions will be issued in writing through addenda and posted on eVA at www.eva.virginia.gov and on the Town’s website at www.strasburgva.com.

It is the responsibility of each bidder to ensure receipt of all addenda and acknowledge all issued addenda with its bid submission. Failure to acknowledge all addenda may result in http://www.eva.virginia.gov/ http://www.strasburgva.com/ mailto:botis@strasburgva.com mailto:botis@strasburgva.com http://www.eva.virginia.gov/

0001-7 the bid being deemed non-responsive.

6. BID SECURITY

Each bid shall be accompanied by bid security in the amount of five percent (5%) of the total bid amount.

Acceptable forms of payment include:

• Cashier’s Check

• Certified Check

• Bid Bond issued by a surety authorized to do business in the Commonwealth of

Virginia

7. BIDS DUE

Sealed bids shall be submitted no later than:

Monday, June 1, 2026, at 1:00 PM local time

Bids may be submitted by one of the following methods:

A. Electronic Submission Through eVA

• Submit electronically through the Commonwealth of Virginia eVA procurement system at www.eva.virginia.gov

• Bidders through eVA are solely responsible for ensuring timely and complete transmission.

B. Hard Copy Submission

• Sealed hard copy bids may be hand delivered or mailed to:

Town of Strasburg Attn: Brian Otis – IFB 2026-002 174 E. King Street Strasburg, VA 22657

Hard copy bids must be received at the Town at the Town Office prior to the stated deadline.

Postmarks will not be accepted in lieu of timely delivery.

Late bids, regardless of the delivery method, will not be accepted.

8. BID OPENING

Bids will be publicly opened and read aloud immediately following the bid deadline on June 1, 2026, at 1:00 PM:

Town Hall 174 E. King Street

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9. PROTEST PROCEDURE

Any bidder may protest the award or decision to award in accordance with §2.2-4360 of the Code of Virginia. Protests must be submitted in writing within ten (10) days to the Contract Administrator.

10. OWNER

Town of Strasburg, 174 E King Street, Strasburg, VA, 22657

11. CONTRACT ADMINISTRATION

CONTRACT ADMINISTRATOR

Brian Otis Director of Planning & Public Services 174 E King St Strasburg, VA 22657 Ph: 540-465-9197 Email: botis@strasburgva.com

PROJECT MANAGER

Ray Heishman Public Works Superintendent 488 Borden Mowery Dr Strasburg, VA 22657 Ph: 540-465-3025 Email: rheishman@strasburgva.com

END INVITATION FOR BID

mailto:rheishman@strasburgva.com

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SECTION 0100 INSTRUCTIONS TO BIDDERS

1. SECURING DOCUMENTS

Bid documents are available for viewing by contacting botis@strasburgva.com or calling (540)465-9197 to schedule pick up at the following location:

Town Hall 174 E King St.

Bid documents are also available for viewing and downloading online at:

www.strasburgva.com, www.eva.virginia.gov By email request to: botis@strasburgva.com

All prospective bidders are strongly encouraged to email botis@strasburgva.com to ensure they receive all addenda and bid-related notices.

Copies of the bid documents can be made available upon request to the Town of Strasburg by contacting botis@strasburgva.com or (540) 465-9197 to schedule a pick-up of the documents from Town Hall; 174 East King St Strasburg, VA 22657.

2. BIDDER ELIGIBILITY

A. Bids

Bids will be accepted only from bidders who are experienced in and actively engaged in the type of construction work required under this solicitation.

No bid will be accepted from, nor contract awarded to, any person, firm, or corporation that:

• Is in arrears or default to the Town on any debt or contract;

• Is a defaulter, surety, or otherwise upon any obligation to the Town; or

• Has failed to faithfully fulfil any previous contract with the Town.

Where installation or assembly is performed by a sub, the bidder shall identify the subcontractor in the bid submission. The Town reserves the right to determine whether the proposed contractor is qualified and capable of performing the required work.

B. Bidders are required under Chapter 11, Title 54, Code of Virginia, to show evidence of certificate of registration before bid may be received and considered.

mailto:botis@strasburgva.com http://www.strasburgva.com/ http://www.eva.virginia.gov/ mailto:botis@strasburgva.com mailto:tcave@raceyengineering.com

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C. Bidders must certify on the bid form that they are not currently barred, suspended, or otherwise prohibited from bidding by any agency of the Commonwealth of Virginia or the federal government.

3. BID FORM AND SUBMISSION

To receive consideration, bids shall be submitted in accordance with the following requirements:

A. Bid Forms

Bids shall be submitted on the forms provided in the bid documents, properly executed, with all blanks completed.

Do not alter the wording of the bid form or attach unauthorized conditions, limitations, or qualifications. Such modifications may be cause for rejection.

All documents included in the bid submission shall be completed in full and signed and dated where required.

B. Addenda

Bidders shall acknowledge receipt of all issued addenda.

Bidders are responsible for checking the Town website and eVA to verify whether addenda have been issued and to include all related costs in their bid.

C. Bid Pricing

Although the project is bid as a lump sum, certain line items may require separate breakout pricing on the bid form.

It is the bidder’s responsibility to verify the complete scope of work necessary to establish an accurate bid price.

Upon award, the successful bidder shall provide a Schedule of Values for approval by the Contract Administrator.

D. Required Bid Documents

The following documents, fully completed and signed where applicable, are required for a responsive and responsible bid:

I. Signed Cover Sheet

II. Bid Form (0300)

III. Bid Security (0301) IV. Contractor Eligibility and Registration V. Insurance Requirement (0312)

VI. Signed Addenda, if applicable

E. Non-Collusion Certification

By submission of a bid, the bidder certifies that the bid is made without collusion or fraud and that the bidder has not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer, or subcontractor in connection with the bid.

The bidder further certifies compliance with §2.2-4731 of the Code of Virginia (Ethics in Public Contracting).

4. BONDS

A. Bid Security

Bid security in the amount stated in the Invitation for Bid shall accompany each bid.

The successful bidder’s bid security will not be returned until the contract has been executed and required insurance documentation has been submitted.

B. Retention of Security

The Owner reserves the right to retain the security of all bidders until the successful bidder enters into the contract or until ninety (90) days after bid opening, whichever occurs first.

Other bid securities will be returned as soon as practicable.

If a bidder refuses to enter into a contract after award, the bid security will be forfeited.

C. Performance and Payment Bonds

Prior to contract execution, the successful bidder shall furnish:

• Performance Bond – 100% of the Contract Sum

• Labor and Material Payment Bond – 100% of the Contract Sum

All bonds shall be issued by a surety acceptable to the Owner.

5. EXAMINATION OF DOCUMENTS AND SITE OF WORK

Before submitting a bid, each bidder shall:

Carefully examine the Drawings;

Review the Project Manual and all proposed Contract Documents; and

Visit the project site.

Each bidder shall fully inform itself regarding existing conditions and all limitations affecting the work.

The bid shall include all costs necessary to complete the work in accordance with the Contract Documents.

No allowance will be made for failure to inspect the site or review the documents.

Submission of a bid shall be considered conclusive evidence that such examination has been made.

6. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

Any person contemplating submission of a bid who has questions concerning the meaning of any portion of the Contract Documents, or who discovers discrepancies or omissions, shall submit written questions to:

Brian Otis botis@strasburgva.com

Oral questions will not be accepted.

All questions must be received no later than May 15, 2026, at 4:00 PM local time.

Responses will be issued by written addendum and posted as outlined in the Invitation for Bid.

It is the responsibility of each bidder to ensure receipt of all addenda and to acknowledge all addenda in the bid submission.

7. AWARD OF CONTRACT

The Contract, if awarded, will be awarded to the lowest responsive and responsible bidder meeting all specifications, subject to the Owner's right to:

Reject any or all bids;

Waive informalities; and Waive irregularities in the bids or the bidding process.

All payments are subject to appropriation of funds by the Town Council.

If the bid of the lowest responsive and responsible bidder exceeds available funds, the Contract Administrator or designee may negotiate with the apparent low bidder to obtain a contract price within available funds, as permitted by law.

8. EXECUTION OF AGREEMENT

A. Form of Agreement

The Agreement to be executed by the successful bidder is included in the Project Manual.

B. Time for Execution

The bidder awarded the contract shall, within fourteen (14) calendar days after notice of award and receipt of contract forms, sign and return the required copies to the Owner.

C. Required Submittals

At or prior to returning the executed Agreement, the successful bidder shall provide:

• Certificates of Insurance

• Required Endorsements

• Performance Bond

• Labor and Material Payment Bond

• Town Business License

D. Approval Required

Bonds and insurance documents must be approved by the Owner before work may begin.

Failure or refusal to provide acceptable documents may delay commencement of work and may result in loss of contract time equal to the delay caused.

9. CONSTRUCTION TIME AND LIQUIDATED DAMAGES

The Agreement includes a requirement that all Work be completed by the date specified in Section 0501.

Liquidated damages shall not apply to this project.

The Contractor shall not begin work until receipt of the Owner’s written Notice to Proceed.

END INSTRUCTIONS TO BIDDERS

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Mr. Brian Otis Director of Planning and Infrastructure 174 E. King Street Strasburg, Virginia 22657

The undersigned, having visited and examined the site and having carefully reviewed the Drawings and Project Manual for the Public Works Security Fence Installation Project, hereby proposed to furnish all labor, equipment, materials, services, and supervision, and to perform all operations necessary to fully execute and complete the Work required for the Project in strict accordance with the Drawings and Project Manual dated April 29, 2026, together with Addenda Nos. _________________ (if applicable), issued during the bidding period and hereby acknowledged, subject to the terms and conditions of the Agreement, for the following sum of money:

BASE BID PROPOSAL

All labor, services, materials, and equipment necessary for the completion of the work shown on the Drawings and in the Project Manual and in the Addenda (if issued).

Part A. All labor, services, materials, and equipment necessary to install the following:

1. Approximately 1950 linear feet of 8-foot-tall chain link fence without security top o Designed per the details on Plan Sheet 2

2. One 43-inch-wide personnel gate o Designed per the details on Plan Sheet 3

3. One 24-foot-wide vehicle gate o Designed per the details on Plan Sheet 3

4. One 24-foot-wide motorized cantilever sliding gate, o Designed per the details on Plan Sheets 4-8 o Electrical

Power

• Conductors required in existing 2-1” PVC conduits with pull strings.

• Existing power conduit is approximately 275 feet in length from panel to location shown on drawing.

• Overcurrent protection – existing 20a Square D Bolt-in style breaker.

o Electronic controls

Manual controls

• One outside of gate – Open/Close/Auto

Wireless remote control

• One control push button control for the office

Smartphone Application for wireless access – needed for approximately 40 staff (or equivalent)

5. Obtaining required Shenandoah County building and electrical permits.

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Part B. The Town of Strasburg shall be required to complete the following:

The Contractor shall coordinate all work with the Town. Delays caused by Town-performed work shall not entitle the Contractor to additional compensation unless approved by the Town in writing.

1. Obtaining a survey plat indicating the fence and gate location for permitting purposes.

2. Trenching, conduit, and backfill for any extension of power conduits from the existing location to the gate power system.

3. Any smooth grading, seed, straw, and other stabilization required after the work is completed.

4. Provide survey flagging to identify the fence and gate locations at distances not to exceed 100 feet.

5. Removal of any debris, fill, or overgrowth in the area of work.

THE TOTAL BASE BID (PART A ABOVE):

The base bid shall include all labor, materials, equipment, supervision, permits, fees, overhead, profit, and all incidental costs necessary to complete the Work as shown on the drawings and specified in the Project Manual.

No additional compensation will be allowed for work that is reasonably inferable from the Contract Documents or necessary for a complete and functional installation.

(Bid Amount in Word Format) (Bid Amount in Numerical Format)

This bid submitted by (name of firm):

It is understood and agreed that the Owner, in protecting its best interests, reserves the right to:

a. Reject any and all bids and to waive any informalities, irregularities, or minor defects in any bid when deemed in the best interest of the Town;

or

b. Accept any responsive and responsible bid, in whole or in part, at the bid price submitted, whereupon the Contractor shall furnish all labor, equipment, materials, and services as specified in the Contract Documents.

*This document shall be completed & returned with bid submission.*

301-1

0301 BID SECURITY

The undersigned represents that it is fully qualified and properly equipped to perform work of the character and scope described in the bidding documents and covered by this bid and agrees to enter into an Agreement for the execution and completion of the Work in accordance with the Drawings, Project Manual, and this bid.

The undersigned further agrees that, if awarded the Contract, it shall commence the Work on the date established in the Notice to Proceed and shall diligently prosecute the Work to completion in accordance with all Contract requirements and the specified completion dates.

Enclosed herewith is the required bid security as evidence that the undersigned will enter into the Agreement and perform the Work in accordance with the Drawings, Project Manual, and Contract Documents.

Certified check or Cashier's check for the amount of: $

Name of Bank:

Bidder's Bond in the amount of: $______________________________________________

Bond issued by:____________________________________________________________

The undersigned further agrees that in case of failure on part to execute the said agreement within the fourteen (14) consecutive calendar days after written notice being given on the award of the contract, the monies payable by the security accompanying this bid shall be paid to the Town of Strasburg, Virginia as liquidated damages for such failure, otherwise, the security accompanying this bid shall be returned to the undersigned.

This bid is subject to acceptance within a period of 90 days from this date.

Respectfully Submitted:

Company Name

Authorized Signature

Printed Name Date

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0302 CONTRACTOR ELIGIBILITY AND REGISTRATION

I (we) hereby certify that neither I (we), nor any affiliated firm or corporation, are currently debarred or suspended from bidding on contracts by any agency of the Commonwealth of Virginia.

Check one:

I am currently registered as a contractor in the Commonwealth of Virginia.

My registration number is

I am currently not required to register as a contractor in the Commonwealth of

Virginia per Chapter 11, Title 54 of the Code of Virginia.

Contractor

[SEAL]

Address

ATTEST:

Name

Title

Date

*This document shall be completed and returned with bid submission*

0400-1

0312 INSURANCE REQUIREMENTS

By signing and submitting a bid, the Contractor certifies that, if awarded a contract, it will have the following insurance coverages in place at the time of award. Any subcontractor utilized shall maintain the same required coverages. The Contractor further certifies that it and any subcontractors will maintain these coverages for the duration of the contract.

Additional Insured coverage shall be provided on a primary and non-contributory basis.

1. General Liability Insurance

The Contractor shall maintain Commercial General Liability Insurance with limits of not less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate. Coverage shall be written on an occurrence basis by an insurer licensed to conduct business in the Commonwealth of Virginia with an A.M. Best rating of A- or better. The Town of Strasburg shall be named as an Additional Insured. The Additional Insured endorsement must be issued by the insurance company; a notation on the Certificate of Insurance alone is not sufficient.

2. Worker’s Compensation and Employers Liability

The Contractor shall maintain Workers’ Compensation insurance in full compliance with the laws of the Commonwealth of Virginia. Coverage shall include statutory limits and be provided by an insurer licensed to conduct business in Virginia with an A.M. Best rating of A- or better.

In lieu of traditional coverage, the Contractor may participate in a group self-insurance association licensed by the Virginia Bureau of Insurance.

The Contractor shall also maintain Employers Liability insurance with limits not less than:

• $100,000 bodily injury by accident (each occurrence)

• $500,000 bodily injury by disease (policy limit)

• $100,000 bodily injury by disease (each employee)

3. Automobile Liability Insurance

The Contractor shall maintain Automobile Liability insurance with limits of not less than $1,000,000 combined single limit. Coverage shall apply to all owned, non-owned, and hired vehicles and be written with Symbol “1” (Any Auto). The insurer must be licensed to conduct business in the Commonwealth of Virginia and have an A.M Best rating of A- or better.

Documentation Requirements:

Upon request, the Contractor shall provide the following documentation to the Town:

• Certificate of Insurance (COI) listing the Town of Strasburg, 174 E. King Street, Strasburg, VA 22657, and indicating Additional Insured status.

• Additional Insured Endorsement issued by the insurance company confirming that the Town has been added to the policy.

• Cancellation Notice – The Contractor shall provide that all insurance policies required under this contract shall not be canceled, non-renewed, or materially altered without at least thirty (30) days written notice to the Town.

0400-2

BIDDER STATEMENT

The undersigned certifies that they have reviewed the Insurance Requirements contained herein and agree to comply with all such requirements in full upon award of this contract.

Signature: Date:

Name: Title:

(Print)

Name of Firm:

0400-3

0400 GENERAL TERMS AND CONDITIONS OF THE TOWN OF STRASBURG, VA

These General Terms & Conditions shall apply to all purchases and be a part of every contract awarded by the Town of Strasburg unless otherwise specified in writing. Bidders are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids. Procurement by the Town is subject to the Virginia Public Procurement Act (VPPA) Title 2.2, Chapter 43 of the Code of Virginia, and the provisions of The Purchasing and Contracting Policy Manual for the Town of Strasburg and any revisions thereto. If an inconsistency exists between the VPPA and the Purchasing and Contracting Policy Manual for the Town, the VPPA Virginia Code sections take precedence.

TABLE OF CONTENTS

DEFINITIONS

CONDITIONS OF BIDDING CONTRACT PROVISIONS

▪ Bid Price Currency ▪ Anti-Discrimination

▪ Bid Acceptance Period ▪ Antitrust

▪ Cancellation of Solicitation ▪ Applicable Laws & Courts

▪ Town Office Closure ▪ Assignment of Contract

▪ Clarifications of Terms ▪ Changes to the Contract

▪ Conflict of Interest/Collusion ▪ Contract Execution

▪ Debarment Status ▪ Contractual Disputes

▪ Discrimination ▪ Cooperative Procurement Default

▪ Prohibited Errors in Bids ▪ Drug-Free Workplace

▪ Ethics in Public Contracting ▪ Immigration Reform & Control Act (1986)

▪ Excusable Delay ▪ Indemnification

▪ Licenses, Permits & Fees ▪ Insurance

▪ Mandatory Use of Town Forms ▪ Liability & Litigation

▪ Terms & Conditions for IFB Modification ▪ Non-Discrimination of Contractors

▪ Terms & Conditions for Withdrawal of Bids ▪ Payment

▪ Public Inspection of Certain Records Revisions ▪ Safety & OSHA Standards

▪ to Official IFB Taxes ▪ State Corporation Commission (SCC) ID Number Termination

AWARD SPECIFICATIONS

▪ Contract Award ▪ Condition of Items

▪ Negotiation with Lowest Bidder (if applicable) ▪ Formal Specifications

▪ Precedence of Terms-Qualifications of Bidders ▪ Use of Brand Names

▪ Selection Process/Award

DELIVERY

▪ Defects of Improprieties

▪ Testing & Inspection

▪ Transportation & Packaging

0400-4

DEFINITIONS

ADDENDUM/ADDENDA:

Addition(s) or supplement(s) to a solicitation to clarify, modify or support information which becomes part of the contract.

BID:

The offer of a prospective vendor/supplier to an Invitation for Bid to provide specific goods or services at specified prices and/or other conditions specified in the solicitation.

BIDDER/OFFEROR:

Any individual, company, firm, corporation, partnership, or other organization who submits a response to an Invitation for Bid or a Request for Proposal and offering to enter into a contract with the Town.

COLLUSION:

A secret agreement or cooperation between two or more parties to accomplish a fraudulent, deceitful, or unlawful purpose.

CONFLICT OF INTEREST:

An actual or potential situation in which the personal interests of a vendor, employee or public official are, or appear to be in conflict with the best interests of the Town.

CONTRACTOR:

The entity that has a direct contract with the Town to furnish goods, services, or construction for a certain price.

TOWN or OWNER: Town of Strasburg, Virginia.

DAY(S): Defined as calendar days unless otherwise specified as business days.

INFORMALITY:

A minor defect or variation of a bid or proposal from the exact requirements of the Invitation for Bid or Request for Proposal which does not affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured.

INVITATION FOR BID (IFB):

A formal request which is made to prospective suppliers (bidders) for their quotation on goods, services, or construction desired by the Town. The issuance of an IFB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement.

PROFESSIONAL SERVICES:

Any type of professional service performed by an independent contractor within the practice of accounting, actuarial services, architecture, dentistry, land surveying, landscape architecture, law, medicine, optometry, pharmacy, or professional engineering (which shall be procured as set forth in the Code of Virginia). 2.2

0400-5

PROPOSAL:

The document submitted by the offeror in response to the RFP to be used as the basis for negotiations for entering into a contract.

PURCHASING AGENT/PROCUREMENT MANAGER:

The individual employed and given authority by the Strasburg Town Council by adoption of the Town of Strasburg Purchasing and Contracting Policy.

REQUEST FOR PROPOSAL (RFP):

A formal request for a proposal from prospective offerors which will indicate the general terms which are sought to be procured from the offeror and where negotiations are conducted to come to a final contract.

The RFP will specify the evaluation criteria to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement.

RESPONSIBLE BIDDER/OFFEROR:

An individual, company, firm, corporation, partnership, or other organization having the capability in all respects to perform fully the contract requirements, and also having the moral and business integrity and reliability which will ensure good faith performance.

RESPONSIVE BIDDER/OFFEROR:

An individual, company, firm, corporation, partnership, or other organization having submitted a bid/proposal which conforms in all material respects to the IFB or RFP.

SOLICITATION:

A formal document issued by the Town with the intent to purchase goods, services, or construction. Can be either an Invitation for Bid or a Request for Proposal.

SWAM: Small, Women, and Minority-owned businesses. The Town encourages participation of Small, Women-owned, and Minority-owned businesses.

SUBCONTRACTOR:

A business entity that has a contract to supply labor or materials to the prime contractor to whom the contract was awarded or to any subcontractor in the performance of the work provided for in such contract.

CONDITIONS OF BIDDING

BID PRICE CURRENCY:

Unless stated otherwise in the solicitation, bidders/offerors shall state bid/proposal prices in US dollars.

BID/PROPOSAL ACCEPTANCE PERIOD:

Unless otherwise specified, all bids/proposals submitted shall be binding and may not be withdrawn for ninety (90) days following the bid/proposal opening date and time, unless extended by mutual consent of all parties. If the bid/proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

CANCELLATION OF SOLICITATIONS:

2.2-4319 An IFB, RFP or any other solicitation may be cancelled or rejected but shall not be cancelled or rejected solely to avoid awarding a contract to a particular responsive and responsible bidder/offeror. The reasons for cancellation shall be made part of the contract file.

0400-6

TOWN OFFICE CLOSURE:

If the Town Office is closed for business at the time scheduled for the bid opening, for whatever reasons, sealed bid/proposal will be accepted and opened on the next business day of the Town, at the original scheduled hour.

CLARIFICATION of TERMS:

If any prospective bidder/offeror has questions about the specifications or other solicitation documents, the prospective bidder/offeror should contact the person identified in the solicitation no later than five (5) business days before the due date. Any revisions to the solicitation will be made only by addendum issued by the Town.

CONFLICT OF INTEREST/COLLUSION:

Contractor certifies by signing their bid/proposal submission to the Town, that no conflict of interest or collusion exists between the Contractor and Town that interferes with fair competition and no conflict of interest or collusion exists between Contractor and any other person or organization that constitutes a conflict of interest with respect to the contract with the Town.

DEBARMENT STATUS:

By signing their bid/proposal, the bidders/offerors certify that they are not currently debarred from submitting bids/proposals on contracts from any agency, public entity/locality, or authority of the Commonwealth of Virginia.

DISCRIMINATION PROHIBITED:

By submitting a bid all bidders certify to the Town that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, and the Virginia Fair Employment Act of 1975, as amended, where applicable, and Section 11-51 of the Virginia Public Procurement Act that provides:

In every contract, more than $10,000, the provisions in A and B below apply:

A. During the performance of this contract, the contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex or national origin 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. The contractor, in all solicitations or advertisements for employees placed by or for the contractor, will state that such contractors are equal opportunity employers.

Notices, advertisements, and solicitations placed according to federal law, rule or regulation shall be deemed sufficient for meeting the requirements of this section.

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

ERRORS IN BIDS/PROPOSALS:

When an error is made in extending total prices, the unit price will govern. Bidders/Offerors are cautioned to recheck their bids/proposals for possible errors prior to submission.

ETHICS IN PUBLIC CONTRACTING:

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2.2-4371 By submitting their bids/proposals, the bidders/offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

EXCUSABLE DELAY:

The Town shall not be in default of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond its reasonable control and without the fault of or negligence of the Town. Such causes may include but are not restricted to acts of God or the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the reasonable control and without the fault or negligence of the Town.

LICENSES, PERMITS and FEES:

All proposals submitted shall have included in price the cost of any business or professional licenses, permits or fees required by the Town of Strasburg, County of Shenandoah, or the Commonwealth of Virginia. At or prior to delivery of the signed contract, the bidder/offeror to whom the contract is awarded shall deliver to the Town a copy of their County Business License (if applicable). The bidder/offeror shall ensure that the Business License indicates a basis amount equal to or greater than the awarded Contract value. For information on County Business Licenses contact the Shenandoah County Commissioner of the Revenue's office at 540-459-6170. The bidder/offeror must have all necessary licenses to perform the services in the Commonwealth of Virginia and, if practicing as other than an individual, be authorized to do business in the Commonwealth of Virginia.

MANDATORY USE of TOWN FORMS AND TERMS and CONDITIONS for IFBs AND RFPs:

Failure to submit a bid/proposal on the official Town form(s) provided or in the format identified, for that purpose shall be a cause for rejection of the bid/proposal. Unauthorized modification of or additions to any portion of the IFB or RFP may be cause for rejection of the bid/proposal. The Town reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject any bid/ proposal which has been modified. As a precondition to its acceptance of an IFB response, the Town may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document.

MODIFICATION & WITHDRAWAL OF BIDS/PROPOSALS: 2.2-4330

1. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake in the bid, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration

0400-8 if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

2. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

3. No bid shall be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5%).

4. If a bid is withdrawn in accordance with this section, the lowest remaining bid shall be deemed to be the low bid.

5. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

6. The public body shall notify the bidder in writing within five (5) business days of its decision regarding the bidder’s request to withdraw its bid. If the public body denies the withdrawal of a bid under the provisions of this section, it shall state in such notice the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder. At the same time that the notice is provided, the public body shall return all work papers and copies thereof that have been submitted by the bidder.

7. These procedures also apply for the withdrawal of bids for other than construction contracts.

8. A bidder/offeror may modify or withdraw his bid/proposal, either personally or by written request to the

Purchasing office at any time prior to the scheduled time for opening of bids/proposals.

PUBLIC INSPECTION OF CERTAIN RECORDS:

2.2-4342 Public inspection of all records is strictly governed by Code of Virginia 2.2-4342 and in accordance with the Virginia Freedom of Information Act (VA Code 2.2-3700 et seq). Any inspection of procurement transactions shall be subject to reasonable restrictions to ensure the security and integrity of the records. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

REVISIONS to the OFFICIAL IFB/RFP:

No bidder/offeror shall modify, revise, edit or make any unauthorized change(s) to the original official IFB/RFP. The official solicitation document and the Addenda(um) are the documents posted on the Town of Strasburg's web site, www.strasburgva.com. Any such violation as stated above may result in rejection of the IFB/RFP response. In addition, violations may result in the debarment of the bidder/offeror by the Town of Strasburg.

TAXES: Sales to the Town of Strasburg are normally exempt from State sales tax. Virginia Sales and Use Tax Certificate of Exemption, Form ST-12, will be issued upon request. The Town may also be exempt from other taxes and fees.

http://www.strasburgva.com/

AWARD

CONTRACT AWARD

For IFB: The award(s) made in response to an IFB will be made to the lowest responsive and responsible bidder(s) for each item, or group of items indicated in the bid. The Town reserves the right to make the sole determination of whether the product and/or options offered meet the minimum specifications and is acceptable in accordance with the specifications. The Town's decision shall be final. The Town reserves the right to make a separate award for each item, a group of items or all items, and to make awards either in whole or in part, whichever is deemed by the Town to be in its best interest. Delivery timelines may be a factor in making an award.

For RFP: The award(s) made in response to an RFP will be made to the highest qualified offeror whose proposal is determined to be the most advantageous to the Town, taking into consideration the evaluation criteria set forth in the RFP. After negotiations, the offeror who has made the best proposal and provides the best value shall be awarded the contract

Professional services shall be procured and awarded by competitive negotiation as set forth in 2.2-

4302.2 A 4.

The Town reserves the right to cancel a solicitation at any time and to reject any or all bids/proposals, in whole or in part, to waive any informality and to delete items prior to making the award(s), whenever it is deemed in the sole opinion of the Town to be in its best interest.

NEGOTIATION WITH THE LOWEST BIDDER:

2.2-4318 Unless all bids are canceled or rejected, the Town reserves the right to negotiate with the lowest responsive and responsible bidder to obtain a contract price within the funds available to the Town whenever such low bid exceeds the Town's available funds for the project. The Town shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds, and the Town wishes to negotiate a lower contract price. The times, places and manner of negotiating shall be agreed to by the Town and the lowest responsive, responsible bidder.

PRECEDENCE of TERMS:

General Terms and Conditions shall apply in all instances with the exceptions for projects funded by the Federal Highway Administration (FHWA) and by the Federal Transportation Administration (FTA). In the event there is a conflict between the General Terms and Conditions and any Federal, Special, Standard, or Supplementary Terms and Conditions in this solicitation, the Federal, Special, Standard, or Supplementary Terms and Conditions shall apply.

QUALIFICATIONS of BIDDERS/OFFERORS:

The Town may make such reasonable investigations as deemed proper and necessary to determine the responsibility and ability of the bidder/offeror to perform the services/furnish the goods and the bidder/offeror shall furnish to the Town all such information and data for this purpose as may be requested. The Town reserves the right to inspect bidder's/offeror's physical facilities prior to award to satisfy questions regarding the bidder's/offeror's capabilities. The Town further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the Town that such b3dder/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

SELECTION PROCESS/NOTICE OF AWARD:

Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Purchasing office will publicly post such notice and/or will notify all responsive bidders/offerors, The Town may post Notice of Awards on its website at www.strasburgva.com and/or on eVA at www.eva.virginia.gov (if applicable).

CONTRACT PROVISIONS

ANTI-DISCRIMINATION:

2.2-4311 By submitting their bids/proposals, bidders/offerors certify to the Town 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.

In every contract over $10,000 the provisions below apply:

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, 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.

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

ANTITRUST:

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

APPLICABLE LAWS and COURTS:

This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, excluding its conflict of law’s provisions, and venue for litigation with any respect thereto shall be proper only in the Circuit Court of Shenandoah County, Virginia. The http://www.strasburgva.com/ contractor shall comply with all applicable federal, state, and local laws, rules, and regulations.

ASSIGNMENT of CONTRACT:

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

CHANGES to the CONTRACT:

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

1. The parties by mutual agreement in writing, to modify the terms, conditions, or scope of the contract subject to item 2. below. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the Strasburg Town Council. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of a bidder/offeror from the consequences of an error in its (bid/offer). 2.2-4309

3. The Procurement Manager (or Town delegated agent) may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Town of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Town's written decision affirming, modifying, or revoking the prior written notice. If the Town decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Town a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Town's right to audit the contractor's records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Town with all vouchers and records of expenses incurred and savings realized. The Town shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings.