ITB-2027-001 Paving Training Center.pdf

Invitation to Bid for

Paving at the Training Center

ITB Release Date

August 28, 2026

Pre-Bid Site Visit

September 04, 2026

1050 Orange Street. Bedford, VA 24523

Bid Submittal Deadline

September 10, 2026

3:00 p.m. EST

Town of Bedford ITB- 2027-001

Questions with regard to submissions, process, or bids can be emailed to:

finance@bedfordva.gov

Anne Cantrell – Finance Director/Treasurer Crystal McGraw – Assistant Director of Finance

ITB-2027-001

Paving Training Center

Table of Contents Table of Contents

Purpose

Schedule of Events

Instructions to Bidders

Withdrawal and Modifications

Term of Contract

Disclosure of Bid Contents

Evaluation for the Lowest Responsive and Responsible Bidder

Technical Requirements and Scope of Work

Required Forms

Appendix

Attachment 1 – Bid Worksheet

Attachment 2 – Sample Contract

Paving Training Center

Purpose

The Town of Bedford (herein referred to as “Town”) is soliciting sealed bids from qualified firms to provide equipment, materials, and qualified operators, to perform asphalt mill, and overlay. Work will be performed on a private lot on Town of Bedford Property.

The Town intends to award a unit price contract for a “Not to Exceed” amount based upon estimated quantities as presented on the Bid Form.

Schedule of Events

Action Responsibility Date Issuance of ITB Town Staff 08-28-26 Pre-bid Site Visit Potential Bidders 2:00 p.m. on 09-04-26 Submission of Questions Potential Bidders 5:00 p.m. on 09-07-26 Addenda/Questions Published Town Staff 09-09-26 Submission of Bids & Opening Bidders 3:00 p.m. on 09-10-26

Instructions to Bidders

Bids must be received by the Town of Bedford at or before 3:00 p.m., local time, on September 10, 2026 at which time all Bids received will be publicly opened and read. Bids received after 3:00 p.m. will NOT be accepted or considered. The time of receipt shall be documented by Town Staff.

Sealed Bid: Each bid, one (1) original, marked as such and one (1) copy, marked as such, must be appropriately signed by an authorized representative of the Bidder, and must be submitted in a SEALED envelope or package. A removable media storage device containing a copy of the bid with all confidential and proprietary material redacted must be included in the bid packet. The notation “ITB- 2027-001 Paving Training Center” the Bidder’s name, and the specified opening time and date must be clearly marked on the front of that sealed envelope or package.

or

Electronic Bid: Each bid, will be submitted through the Commonwealth’s statewide electronic procurement system, known as eVA (eva.virginia.gov). Bids will not be opened until stated date and time of bid opening.

FAXED OR EMAILED BIDS ARE NOT ACCEPTABLE.

Paving Training Center

A copy of the Invitation to Bid and related documents may be obtained during normal business hours from the Finance Department at the Town of Bedford, 215 E. Main Street, Bedford, Virginia, 24523. This document may be viewed and/or downloaded from Virginia’s procurement portal eVA (eva.virginia.gov)

If bids are hand delivered or mailed, send directly to the Town of Bedford Finance Department at the address listed above. If the Town of Bedford Administrative Offices are closed for business at the time scheduled for the Bid opening, the sealed bid will be accepted and opened on the next business day of the Town, at the originally scheduled hour.

All questions must be submitted before 5:00 p.m. on September 7, 2026. If necessary, an addendum will be issued and posted to the eVA website on the Bid Posting which can be found at eva.virginia.gov.

Vendors may visit eva.virginia.gov to sign up to receive emails or notifications about bids, bids, addendums, bid tabulation and awards. Vendors can sign up to receive notification in selected categories. It is the vendor’s responsibility to keep information current in the system in order to receive the notifications. The Town is not responsible for any RFP/ITB obtained from any source other than from the Town of Bedford.

Bids that have been appropriately opened cannot be changed, adjusted, corrected or modified in any way other than complete withdrawal. The Town’s procedures for withdrawal are included in Section Withdrawal and Modification below.

All Bids, appropriately received, will be evaluated by considering the requirements set forth in the ITB, the quality, workmanship, economy of operation, suitability for intended purpose, delivery, payment terms and price of product or service being requested in this Bid.

Withdrawal and Modifications

Irregular Bids: Bids shall be considered irregular and may be rejected for any of the following reasons unless otherwise prohibited by law:

If there are unauthorized additions or conditional conditions, or irregularities of any kind which may tend to make the bid incomplete, indefinite, or ambiguous as to its meaning.

If the Bidder adds any provisions reserving the right to accept or reject any award.

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If the Bidder fails to meet the bid specifications or is unresponsive to bid specifications, questions, and/or terms.

If the Bidder fails to include an authorized representative’s signature on company letterhead.

Withdrawal of Bids: A Bidder may, without prejudice, withdraw a bid prior to the date and time specified for receipt of bids by requesting such withdrawal in writing before the time set for receiving bids. Telephonic communications for withdrawal shall not be accepted. Subsequent to the date and time specified for receipt, a bid may only be withdrawn for error, as provided below.

Withdrawal of Bids Due to Error:

A bidder for a 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, an bidder may withdraw his bid from consideration 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.

The following procedure for withdrawal of a bid for a public construction contract shall apply. 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. The work papers, documents and materials may be considered as trade secrets or proprietary information subject to the conditions of subsection F of §2.2-4342 of the Virginia Public Procurement Act. Such mistake shall be proved

Paving Training Center only from the original work papers, documents and materials delivered as required herein.

o No bid may 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 percent.

o If a bid is withdrawn under the authority of this section, the lowest remaining bid shall be deemed to be the low bid.

o 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.

o If the Town denies the withdrawal of a bid under the provisions of this section, it shall notify the bidder in writing stating 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.

o A decision denying withdrawal of bid shall be final and conclusive unless the bidder appeals the decision within ten days after receipt of the decision by invoking administrative procedures meeting the standards of § 2.2-4365, if available, or in the alternative by instituting legal action as provided in § 2.2-4364 of the Code of Virginia.

o Telephonic communications for withdrawal shall not be accepted.

Revision of Bids: Any Bidder may modify their bid by email or facsimile communication, provided such communication is received by the Town prior to the due date of bids. The communication should not reveal the bid price but should provide the addition or subtraction or other modification. If written confirmation is not received within two days after the email or fax, no consideration will be given to the email or facsimile modification.

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

Term of Contract

All terms and conditions shall remain in force for the term of the Contract and for any renewal or extension period unless modified by mutual agreement of both parties. Prices shall not be increased during the initial term of the Contract.

Prices for any renewal periods will be subject to the mutual agreement of both parties.

Disclosure of Bid Contents

Bidders should be aware that the terms of the contract awarded pursuant to the ITB are public information. During the ITB submission and evaluation process, all bids will be held in confidence and will not be revealed to or discussed with competitors, unless disclosure is required to be made by law or by court ruling.

Bidders may designate portions of their bids as confidential and proprietary, and such portions will be held perpetually in confidence. However, in order to designate portions of a bid as confidential, a Bidder must (i) invoke the protections of this section with its submission, (ii) identify or designate the specific materials for which it requests confidential treatment, and (iii) state the reasons why such protection is necessary. A Bidder may not designate the entirety of its bid as confidential and proprietary, designate any portion that does not contain trade secrets or proprietary information as confidential, or designate pricing information as confidential. The Town shall make the final decision as to whether a designation is properly made in accordance with this section and the provisions of the Virginia Public Procurement Act.

Evaluation for the Lowest Responsive and Responsible Bidder

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

A. Award will be made to the lowest responsive and responsible bidder(s) on the basis of the Bid Price and exclusion whichever is deemed to be in the Town’s best interest. The Procurement Department reserves the right to conduct any test it may deem advisable and to make all evaluations. The Town also reserves the right to reject any bids, in whole or part, to waive informalities and to delete items

Paving Training Center prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its sole interest.

B. If the bid by the lowest responsive and responsible bidder exceed available funds, the Town reserves the right to negotiate with the apparent lowest responsible bidder pursuant to State Code 2.2.4318.

Technical Requirements and Scope of Work

A. General Scope

The Contractor shall furnish all labor, supervision, equipment, materials, transportation, and incidentals necessary to rehabilitate and improve the existing entrance drive, parking area, burn building operating area, and training center loop at the Town of Bedford Fire Training Center, 1050 Orange Street, Bedford, Virginia 24523.

Work shall generally include milling and/or removal of existing pavement where required; preparation, grading, and compaction of existing subgrade and aggregate base; placement of additional aggregate base material where required; placement and compaction of asphalt pavement; grading and construction of aggregate areas;

establishment of positive drainage; transitions to adjoining surfaces; and cleanup and restoration of areas disturbed by construction.

The Contractor shall evaluate existing site conditions and recommend pavement and aggregate sections appropriate for the intended use of each area. Proposed sections shall be identified as part of the bid and shall include, at minimum, proposed aggregate/base materials and thicknesses, asphalt course(s), asphalt mix type(s), and compacted asphalt thicknesses, as applicable.

B. Facility Use and Design Considerations

The Fire Training Center is an active emergency-services training facility utilized for live-fire and other emergency-response training activities. Surfaces designated for heavy-duty use shall be capable of routinely accommodating loaded emergency apparatus and other heavy vehicles, including, but not limited to:

Fire engines and pumpers;

Aerial/ladder apparatus;

Tanker/tender apparatus;

Ambulances and other emergency vehicles;

Tow trucks and wreckers;

Construction equipment; and

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Delivery and service vehicles.

In addition to normal vehicle movement, the Contractor shall consider slow-speed maneuvering, repetitive turning, braking, prolonged stationary apparatus placement, and concentrated loading associated with fire apparatus operations when recommending materials and construction methods.

C. Entrance Drive

The entrance drive shall receive a heavy-duty asphalt pavement section suitable for routine operation of loaded emergency apparatus and other heavy vehicles.

The Contractor shall inspect existing pavement, base, and apparent subgrade conditions and identify in the bid the pavement section recommended for this area.

The finished entrance shall provide positive drainage and a smooth transition to all adjoining pavement and existing site surfaces.

D. Parking Lot 1

Parking Lot 1 will primarily accommodate passenger vehicles, pickup trucks, and similar light-duty vehicles.

The Contractor may propose a pavement section appropriate for light- to intermediate-duty parking use. The proposed pavement section shall be identified in the bid.

The finished surface shall provide positive drainage and transition smoothly into adjoining paved areas.

E. Burn Building Training and Operating Area

The immediate operating area surrounding the burn building shall consist of a properly graded and compacted aggregate surface suitable for repeated operation and stationary placement of heavy fire apparatus, including engines, tankers, and aerial apparatus.

Asphalt pavement is not desired within this area due to the nature of live-fire training operations, prolonged stationary apparatus loading, concentrated loading associated with aerial apparatus and outriggers, potential pavement deformation during periods of high ambient temperature, and drainage considerations associated with training activities.

The aggregate section shall be designed and constructed to provide a firm, stable, all-weather operating surface capable of supporting fully loaded fire apparatus without excessive rutting, displacement, settlement, or deterioration under normal training operations.

Paving Training Center

Particular attention shall be given to grading and drainage within this area. The finished surface shall provide positive drainage away from the burn building and other training structures and shall minimize ponding or standing water within apparatus operating and maneuvering areas.

The Contractor shall recommend and identify in the bid the proposed aggregate type, base preparation, material depth, grading, and compaction necessary to meet these performance requirements.

F. Training Center Loop

The training center loop shall receive a heavy-duty asphalt pavement section suitable for routine operation of loaded emergency apparatus and other heavy vehicles.

The Contractor shall inspect existing pavement, base, and apparent subgrade conditions and identify in the bid the pavement section recommended for this area.

Particular consideration shall be given to pavement strength and stability at curves, intersections, turning areas, and other locations subject to repetitive turning and maneuvering of heavy fire apparatus.

The finished surface shall provide positive drainage and shall not direct runoff toward buildings, training structures, or other areas where water accumulation may create operational concerns.

G. Surface Preparation and Drainage

Existing pavement shall be milled, removed, repaired, or otherwise prepared as necessary to provide a stable surface for the proposed pavement installation.

Existing aggregate and subgrade areas shall be graded, repaired, supplemented, and compacted as necessary to provide a stable foundation for the proposed improvements.

All finished surfaces shall be graded to provide positive drainage and minimize ponding or standing water.

The Contractor shall take reasonable precautions to maintain or improve existing drainage patterns and shall not direct runoff toward buildings, training structures, or adjoining properties.

Soft, unstable, or visibly unsuitable areas discovered during normal site preparation shall be brought to the Town's attention prior to proceeding with corrective work that would result in additional cost to the Town.

Any additional work resulting in a change to the contract price shall require authorization by the Town prior to proceeding.

Paving Training Center

H. Pavement and Aggregate Transitions

All intersections, tie-ins, and transitions between newly paved areas, aggregate areas, existing pavement, concrete surfaces, entrances, and other adjoining surfaces shall be completed in a smooth and workmanlike manner.

Particular attention shall be given to transitions between paved surfaces and the aggregate burn building operating area. These transitions shall be constructed to withstand repeated crossing by loaded emergency apparatus without premature deterioration of the pavement edge, excessive displacement of aggregate material, or development of abrupt elevation differences.

The Contractor shall identify the proposed method of constructing and stabilizing pavement-to-aggregate transitions where applicable.

Finished transitions shall not create abrupt edges, excessive elevation changes, or other conditions that would interfere with the safe operation of emergency apparatus or normal vehicle traffic.

I. Pavement Markings

Pavement markings and striping are not included in the scope of this project unless otherwise authorized by the Town through an approved change to the contract.

J. Cleanup and Site Restoration

Upon completion of the work, the Contractor shall remove excess materials, milled asphalt, construction debris, waste, and other materials generated by the project.

Areas disturbed by construction activities shall be reasonably restored, and the project site shall be left in a clean, safe, and serviceable condition acceptable to the Town.

K. Field Verification and Approximate Quantities

The aerial image included with the Invitation to Bid is provided for general reference and identification of the anticipated project areas.

Approximate areas shown on the reference image were calculated using Google Earth and are provided for informational and bidding reference purposes only. These measurements shall not be considered guaranteed quantities.

Approximate areas currently identified are:

Entrance: 425 square meters (approximately 4,575 square feet)

Parking Lot 1: 540 square meters (approximately 5,813 square feet)

Paving Training Center

Burn Building Operating Area: 1,215 square meters (approximately 13,078 square feet)

Training Center Loop: 1,118 square meters (approximately 12,034 square feet)

Each bidder shall be responsible for field-verifying dimensions, quantities, existing conditions, access requirements, elevations, drainage conditions, and other reasonably observable site conditions necessary to prepare its bid.

Submission of a bid shall constitute acknowledgement that the bidder has reviewed the project requirements and accounted for reasonably observable site conditions in its bid.

L. Contractor's Proposed Construction Sections

As part of the bid submission, the Contractor shall clearly identify the proposed construction section for each project area, including as applicable:

Existing material to be milled, removed, or otherwise prepared;

Proposed aggregate/base material type and compacted thickness;

Proposed asphalt mix type(s);

Number of asphalt courses;

Compacted thickness of each asphalt course;

Total proposed compacted asphalt thickness;

Proposed construction of the aggregate burn building operating area; and

Proposed method for pavement-to-aggregate transitions.

The Town's description of intended use and loading establishes the minimum performance expectations for the completed project. The Contractor shall be responsible for recommending construction sections appropriate for the stated uses based upon its professional evaluation of observable site conditions.

M. Warranty

The Contractor shall warrant the completed work against defects in materials and workmanship for a period of twelve (12) months from the date of final acceptance by the Town.

During the warranty period, the Contractor shall, at no additional cost to the Town, repair or replace work determined to be defective as a result of improper materials or workmanship.

Paving Training Center

The warranty shall not apply to damage resulting from misuse, accidents, abnormal loading beyond the intended facility use, acts of third parties, or other conditions outside the Contractor's control.

Should the Contractor fail to correct covered defective work within a reasonable period following written notification, the Town reserves the right to have the necessary corrective work performed and recover the reasonable cost of such work from the Contractor.

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Required Forms

FORM 1 COVER SHEET

In compliance with this Invitation to Bid, and to all the conditions imposed therein and hereby incorporated by the reference, the Undersigned offers, and agrees to furnish goods/services requested in this solicitation.

THIS SECTION TO BE COMPLETED BY BIDDER:

NAME AND ADDRESS OF FIRM:

_____________________________________ Date: _________________________

_____________________________________ By: __________________________ (Signature)

FEI/FINT No.: _________________________ Name: ________________________

(Please Print)

Email: ________________________________ Title:_________________________

Phone: _______________Fax: ______________ Website: ______________________

CONTACT INFORMATION (if differs from above):

Name: _________________________________ Email: ________________________

Title: __________________________________ Office Phone: __________________

Address: _______________________________ Mobile Phone: _________________

Fax: __________________________

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FORM 2 BID SIGNATURE SHEET

(Must be submitted on your corporate letterhead)

My signature certifies that the bid as submitted complies with all Terms and Conditions as set forth in this ITB. My signature also certifies that by submitting a bid in response to this Invitation to Bid, the Bidder represents that in the preparation and submission of this bid, said Bidder did not, either directly or indirectly, enter into any combination or arrangement with any person, firm or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C.

Section 1 et seq.) or § 59.109.1 through 59.1-9.17 or § 59.1-68.6 through 59.1-68.8 of the Code of Virginia. In addition, my signature certifies that the Bidder has been made aware of the initial Invitation to Bid, as well as any and all addenda.

Certification of Eligibility: The firm is not ineligible to receive award of a contract due to the firm’s inclusion on any Federal or Virginia State lists of debarred contractors, or otherwise ineligible to be awarded a contract using Federal or State funds.

I hereby certify that I am authorized to sign as a Representative for the Firm:

NAME OF

BIDDER:

ADDRESS:

FED ID NO.:

SIGNATURE:

PRINTED

NAME:

TITLE:

TELEPHONE:

EMAIL:

FAX:

DATE:

FORM 3 ADDENDA RECEIVED AND ACKNOWLEDGED

By signing this form, Bidder acknowledges receipt of any and all Addenda published after initial ITB was issued.

Receipt of addenda acknowledged:

Signature Date:

FORM 4 LITIGATION DISCLOSURE FORM

Respond to each of the questions below by checking the appropriate line. Failure to fully and truthfully disclose the information required by this Litigation Disclosure Form may result in the disqualification of your bid from consideration or termination of the contract, once awarded. For purposes of this disclosure form, “you” means the individual or entity in whose name the bid was submitted.

Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant this solicitation, been convicted of a felony, or a misdemeanor involving moral turpitude, during the last ten (10) years?

______ Yes ______ No assigned to work under any contract awarded pursuant this solicitation, been terminated (for cause or otherwise) from any work being performed for the Town or any other governmental or private entity during the last ten (10) years?

assigned to work under any contract awarded pursuant this solicitation, been involved in any claim or litigation with the Town or any other governmental or private entity during the last ten

(10) years?

Has any parent company or wholly owned subsidiary of your company been involved in any claim or litigation with the Town or any other governmental or private entity during the last ten

(10) years?

If you answered “Yes” to any of the above questions, please state the name(s) of the person(s), the nature, and the status and/or outcome of the conviction, termination, claim or litigation, as applicable. Any such information should be provided on a separate page, attached to this form and submitted with your bid.

FORM 5 PROPRIETARY INFORMATION

Trade secrets or proprietary information submitted by a Bidder in response to this Invitation to Bid shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Bidder must invoke the protection of this section prior to or upon submission of data or materials and must identify the data or other materials to be protected and state the reasons why protection is necessary (§2.2-4342F of the Code of Virginia).

Please enclose all proprietary information in a sealed envelope and attach ONLY to the ORIGINAL bid.

Below, please reference appropriate page numbers, section numbers, paragraph numbers, etc. where this data should be inserted, along with an explanation as to why it is proprietary and protected by §2.2-4342(F) of the Code of Virginia.

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FORM 6 REFERENCES

Name of Firm:

Address:

Contact:

Name:

Title:

Email:

Phone:

# Years in Relationship: _________________

Title:

Title:

Paving Training Center

Appendix

APPENDIX - REQUIRED GENERAL TERMS AND CONDITIONS

A. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in an appropriate state court of jurisdiction in Bedford County, Virginia. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

B. ANTI-DISCRIMINATION: By submitting their bids, Bidders 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 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 disbursement made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided;

however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1(E))

In every contract over $10,000.00, the provisions in 1. and 2. 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 these nondiscrimination clauses.

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 solicitation placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

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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.

C. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, Bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

D. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bids, Bidders certify that they do not, and will not during the performance of this contract, employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

E. DEBARMENT STATUS: By submitting their bids, Bidders certify that they are not currently debarred by the Commonwealth of Virginia or any political subdivision thereof from submitting bids or bids on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

F. 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.

G. PROMPT PAYMENT ACT:

1. Every agency of local government that acquires goods or services, or conducts any other type of contractual business with a nongovernmental, privately owned enterprise, shall promptly pay for the completed delivered goods or services by the required payment date.

2. The required payment date shall be either:

a. the date on which payment is due under the terms of the contract for the provision of the goods or services; or

Paving Training Center

b. if a date is not established by contract, not more than forty-five days after goods or services are received or not more than forty-five days after the invoice is rendered, whichever is later.

3. Within twenty days (20) after the receipt of the invoice or goods or services, the Town shall notify the contractor of any defect or impropriety that would prevent payment by the payment date.

4. In those cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made.

5. To Subcontractors:

a. A Contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the Town for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the department and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

b. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Town, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the prime contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Town.

H. TESTING AND INSPECTION: The Town reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

I. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the advance written consent of the Town.

J. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

Paving Training Center

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

b. The Town may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of contract include, but are not limited to, things such as services to be performed, the method of delivery, and the place of delivery. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as a result of such order and shall give the Town a credit of any savings. Said compensation shall be determined by one of the following methods:

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

2. 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 that correct number of units independently; or

3. 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. 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 deemed necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Town within thirty (30) days from the date of receipt of the written order from the Town. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving dispute provided by the Disputes Clause of this contract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Town or with performance of the contract generally.

K. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Town, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting

Paving Training Center additional purchase and administrative costs. This remedy shall be in addition to any other remedies with the Town may have.

L. TAXES: Sales to the Town are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.

Deliveries against this contract shall usually be free of Federal excise and transportation taxes.

M. USE OF BRAND NAMES (This section only applies to the procurement of goods): Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict Bidders to the specific brand, make or manufacturer names, but conveys the general style, type, character, and quality of the article desired. Any article which the Town, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The Bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature catalog cuts and technical detail to enable the Town to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Unless the Bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

N. INSURANCE: By signing and submitting a bid under this solicitation, the

Bidder certifies that if awarded the contract, it will have the following insurance coverages at the time the contract is awarded. The Bidder further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

Coverages afforded under the required policies listed below shall not be canceled by the

Contractor or allowed to lapse or expire. However, in the event that any insurance coverage required under this Agreement is canceled by the insurance company or lapses due to no fault of the Contractor, Contractor shall (i) provide the Town with not less than thirty (30) calendar days prior written notice that said insurance policy has lapsed or has been canceled due to no fault of Contractor and (ii) restore said insurance policy with the same insurance company or obtain a replacement insurance policy that satisfied the insurance obligations required in this Agreement within thirty (30) calendar days from the date of any notice to Contractor that its insurance policy has been canceled or has lapsed.

The Town must be named as an additional insured on the insurance certificate reflecting Commercial General Liability and other insurance coverages.

INSURANCE OVERAGES AND LIMITS REQUIRED:

Paving Training Center

a. Workers’ Compensation – Statutory requirements and benefits.

b. Employer’s Liability - $1,000,000.

c. Commercial General Liability: A minimum of $1,000,000. Combined single limit.

Commercial General Liability is to include Premises/Operations Liability, Products and Completed Operations Coverage (to extend for 2 years past the work completion date).

d. Automobile Liability - $1,000,000 – Combined single limit. (Only used if motor vehicle is to be used in the contract.)

e. Professional Liability Insurance: The Consultant shall maintain during the life of this contract such Professional Liability Insurance, including Bodily Injury and Property Damage if excluded in Commercial General Liability coverage required above, as to protect the Consultant, the Consultant staff, or by any subcontractor or anyone directly or indirectly employed by either of them against claims for damages, including protection of the Town. The minimum acceptable limits of liability to be provided by such Professional Liability Insurance shall be as follows:

1. $1,000,000 each incident

2. $2,000,000 aggregate

NOTE: If a Contractor for professional services states there is property damage and bodily injury coverage equivalent to above within the Professional Liability policy that shall be specifically stated on the Insurance Certificate form.

O. DRUG-FREE WORKPLACE: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees;

(ii) post in conspicuous places, 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; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) 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 connections with a specific contract awarded to a Contractor, the employees of which are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession of use of any controlled substance or marijuana during the performance of the contract.

P. NONDISCRIMINATION OF CONTRACTORS: A Bidder, Bidder, or

Contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, or disability, or against faith-based organizations. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the Town shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

Q. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the Town shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

R. TERMINATION OF CONTRACT: The Town may terminate the contract for cause or for convenience after giving seven (7) days’ notice in writing to the Contractor. The written notice shall state whether the termination is for convenience or cause.

Termination for Cause: If the Contractor should breach the contract or fail to perform the services required by the contract, the Town may terminate the contract for cause by giving written notice or may give the Contractor a stated period of time within which to remedy its breach of contract by delivering a written cure notice to the Contractor. If the Contractor shall fail to remedy the breach within the time allotted by the Town, the contract may be terminated by the Town at any time thereafter upon written notice to the Contractor or, in the alternative, the Town may give such extension of time to remedy the breach as the Town determines to be in its best interest. The Town’s forbearance by not terminating the contract for a breach of contract shall not constitute a waiver of the Town’s right to terminate nor acquiescence in future act or omissions by the Contractor of a like nature. If the contract is terminated for cause, breach of contract or failure to perform, the Contractor may be subject to a claim by the Town for the costs and expenses incurred in securing a replacement contractor to fulfill the obligations of the contract. In the event a Cure Notice is required, the Town will use the address provided to the Town in bids. It shall be the Contractor’s responsibility to notify the Town in writing within 10 days of knowing a change of address. The written notice shall include the Town’s contract number and the effective date of the address change.

In the event the Contractor breaches the contract or fails to perform the services required by the contract, in addition to terminating this contract for cause, the Town reserves the right, in its sole discretion, to terminate for cause any other open contract the Contractor has with the Town.

Termination for Convenience: The contract may be terminated by the Town in whole or in part for the convenience of the Town without a breach of contract by delivering to the Contractor

Paving Training Center a written notice of termination specifying the extent to which performance under the contract is terminated and the effective date of the termination. Upon receipt of such a notice of termination, the Contractor must stop work, including but not limited to work performed by subcontractors and consultants, at such time as to the extent specified in the notice of termination.

If the contract is terminated in whole or in part for the convenience of the Town, the

Contractor shall be entitled to those fees earned for work done prior to the notice of termination and thereafter shall be entitled to any fees earned for work not terminated, but shall not be entitled to lost profits for the portions of the contract which were terminated. The Contractor will be compensated for reasonable costs or expenses arising out of the termination for the convenience of the Town for delivery to the Town of all products of the services for which the Contractor has or will receive compensation.

Delivery of Services: Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver to the Town all products or services for which the Contractor has been or will be compensated. Failure to do so may result in action for “breach of contract” or “failure to perform.”

Compensation Due the Contractor: Upon such termination, the Contractor shall be entitled to the compensation accrued to the date of termination. Payment of the balance of the accrued compensation shall be dependent on the Contractor providing the required project material to the Town. Said fees which have been earned shall be billed to the Town in accordance with the normal billing process, but in no case later the sixty (60) days after the last work is performed.

Any termination by the Town for default, found by a court of competent jurisdiction not to have been justified as a termination for default, shall be deemed a termination for the convenience of the Town.

The Contractor shall submit invoices for all such amounts in accordance with the normal billing process, but in no event later than sixty (60) days after all services are performed. All amounts invoiced are subject to deductions for amounts previously paid. All payments due the Contractor under this contract, to the extent they are dependent on grants from the state or federal government or other granting agencies are subject to appropriation by the granting agency.

S. COOPERATIVE PROCUREMENT: Procurement is being conducted pursuant to Section 2.2-4304 of the VPPA. Therefore, the Bidder agrees that it will contract with any other public agency or body in the Commonwealth of Virginia who so desires, to permit those public agencies or bodies to purchase at contract prices, in accordance with the terms, conditions and specifications of any contract resulting from this solicitation. The Bidder shall deal directly with each public agency or body, in a separate contract between those two entities, in regard to order placement, delivery, invoicing and payment. The Town shall not be responsible or liable for any costs, expenses, or any other matters of any kind to either Bidder or such other public agency or body seeking to obtain services pursuant to cooperative procurement. Such other public agency or body shall be responsible for the administration of its individual contract with

Paving Training Center

Bidder.

T. LITIGATION WITH THE TOWN: The Town, in its sole discretion, may choose not to make an award to a Bidder who is in litigation with the Town, Bedford County, Virginia, the Bedford County Schools, the Bedford Regional Water Authority, the Economic Development Authority of Bedford County, Virginia, the Economic Development Authority of the Town of…