ITB 24-001 RE_BID Tribute to Trent Skatepark_Proj Manual_2024-09-13.pdf

TOWN OF STRASBURG

174 E King St

Strasburg, VA 22657

PROJECT MANUAL

FOR

TOWN OF STRASBURG, VIRGINIA

TRIBUTE TO TRENT SKATEPARK

ITB No. 2024-001 (RE-BID)

September 13, 2024

Prepared by:

Racey Engineering, PLLC

312 West Main Street

Luray, VA 22835

TYLER S. AUSTIN

Lic. No. 053674 09/13/24 ii

THIS PAGE INTENTIONALLY BLANK

iii

Table of Contents

0001 Invitation to 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 TO BID (ITB) COVER PAGE

ISSUE DATE:

September 13, 2024

INVITATION TO BID NUMBER:

2024-001 (RE-BID)

FOR:

Tribute To Trent Skatepark Project

DEPARTMENT:

Parks and Recreation

DATE/TIME OF CLOSING:

October 4, 2024 at 3:00pm local time

CONTRACT ADMINISTRATOR:

J. Waverly Coggsdale III � Town Manager

DATE/TIME LAST DAY FOR

QUESTIONS:

September 25, 2024 at 4:00pm local time

DATE/TIME PRE-BID MEETING:

N/A � No Pre-Bid Meeting Scheduled

PRE-BID MEETING MANDATORY:

Yes __ No X N/A

Bids - In accordance with the following and in compliance with all terms and conditions, unless otherwise noted, the undersigned offers and agrees, if the bid is accepted, to furnish items or services for which prices are quoted, delivered or furnished to designated points within the time specified.

It is understood and agreed that this entire ITB and any addenda shall constitute a contract.

Sealed bids, subject to terms and conditions of this Invitation to Bid will be received by the Town of Strasburg, via electronic submission to botis@strasburgva.com until the date/ time specified above for furnishing items or services delivered or furnished to specified destinations within the time specified or stipulated by the vendor(s).

The Town does not discriminate against small and 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

ITB.

VENDOR�S LEGALLY AUTHORIZED SIGNATURE DATE

PRINT NAME TITLE

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

eVA Website Bid Room (Please List)

The Northern Virginia Daily Newspaper Notified by Town Directly Other (Please List) ________________________________________

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

0001-1

SECTION 0001

INVITATION TO BID

1. PROJECT

Skatepark in memory of Trent Williams proposed at public park in Strasburg, VA

2. DESCRIPTION OF WORK

This project involves the construction of a new public skate park for the Strasburg Park.

3. DOCUMENTS

Bid documents are available for viewing on the internet on the eVA website at www.eva.virginia.gov , on-line at the Town of Strasburg website, and by emailing tcave@raceyengineering.com. ALL PROSPECTIVE BIDDERS SHOULD EMAIL tcave@raceyengineering.com TO ENSURE YOU ARE ALERTED OF ALL ADDENDA

AND BID RELATED ITEMS. Bid documents are available for purchase at Racey

Engineering, PLLC 312 West Main Street, Luray, VA 22835; 540-743-9227

4. PRE-BID CONFERENCE (OPTIONAL)

There will not be a pre-bid conference. If interested contractors want to visit the project site, they are welcome to do so by request of the Town, care of Brian Otis, by emailing him at botis@strasburgva.com

5. QUESTIONS

All questions must be received no later than September 25th, 2024 at 4:00 PM local time.

Questions related to the ITB or requests for clarification shall be directed to Mr. Troy Cave, Project Engineer, by email to tcave@raceyengineering.com. Oral questions will not be permitted.

All responses to inquiries will be in writing and will be posted as addenda on eVA at www.eva.virginia.gov. It is the responsibility of all Bidders to ensure that they have received all addenda and to include signed copies of any and all addenda with their bid submission

6. BID SECURITY

Bids shall be accompanied by a five percent (5%) bid bond. Bid security must be in the form of a cashier’s check, certified check or a bid bond issued by a surety.

7. BIDS DUE

Sealed responses for will be received electronically through email at botis@strasburgva.com no later than Friday, October 4, 2024 at 3:00 PM local time. The email subject must have “Sealed

Bid: Tribute to Trent Skatepark ITB 2024-001”. Electronic response should have only one file in total. File name must start with Contractor’s name. Aggregate size of your response without compressing the file must not be more than 8 megabytes. Response must be in pdf format and should not be protected with any password. Deviation from this limit may cause kickback on the email submission and failed delivery on your response. Bidder bears the risk of incomplete

0001-2 response, late delivery, or delivery at wrong email address other than specified in this ITB.

Multiple email submissions are not recommended. If multiple emailed bids are received from the same bidder, the last email received before the designated closing time shall be considered the final and full submission for that bidder. Bidder must make sure they receive confirmation stating their bid has been received. The Town of Strasburg is not responsible if bid goes into spam or is not delivered by the system whatsoever until the Town of Strasburg confirms its receipt. Any bids received after this date and time will not be accepted.

8. BID OPENING

Bids will be opened and read publicly at the Town Office, 174 E King St, Strasburg, VA 22657 on the same day, immediately after the close of bids. The names of bidders will be announced along with the bid amount.

9. OWNER

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

10. CONTRACT ADMINISTRATION

CONTRACT ADMINISTRATOR

Mr. J. Waverly Coggsdale III - Town Manager

Town of Strasburg

174 E King St

Strasburg, VA 22657

Ph: 540-465-9197

PROJECT MANAGER

Tyler Austin, PE, LS – Principal

Racey Engineering, PLLC

312 West Main Street

Luray, VA 22835

Ph: 540-743-9227

Email: taustin@raceyengineering.com

PROJECT ENGINEER

Troy Cave – Civil Engineer I

Racey Engineering, PLLC

312 West Main Street

Luray, VA 22835

Ph: 540-743-9227

Email: tcave@raceyengineering.com

END INVITATION TO BIDDERS

0100-1

SECTION 0100 INSTRUCTIONS TO BIDDERS

1. SECURING DOCUMENTS

Bid documents are available for viewing at the following locations: Strasburg Town

Office, 174 E King St Strasburg, VA 22657

Bid documents are available for viewing and downloading on the internet at www.strasburgva.com, and by email request to tcave@raceyengineering.com.

ALL PROSPECTIVE BIDDERS SHOULD EMAIL tcave@raceyengineering.com

TO ENSURE YOU ARE ALERTED OF ALL ADDENDA AND BID RELATED

ITEMS.

Bid documents are available for purchase from Racey Engineering, PLLC by contacting tcave@raceyengineering.com or (540) 743-9227. A non-refundable fee of $150 will be required for preparing and shipping of one (1) set of plans and the Bid Package.

2. BIDDER ELIGIBILITY

A. Bids

Bids will only be accepted from Contractors who are experienced in and actively engaged in the type of construction of the item(s) called for in the bid. No bid will be accepted from or contract awarded to any person, firm, or corporation that is in arrears or is in default to the Town upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said Town or had failed to perform faithfully any previous contract with the Town. Where an installation or assembly is to be performed by a subcontractor, the bidder must name the subcontractor, and the Town reserves the right to determine whether the named subcontractor is fit and capable to perform 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.

C. Bidders must certify in the bid form that they are not currently barred from bidding on contracts by any agency of the Commonwealth of Virginia or any federal agency.

3. BID FORM AND SUBMISSION

In order to receive consideration, submit bids in accordance with the following:

0100-2

A. Make bids upon the forms provided herewith, properly signed and with all items filled out. Do not change the wording of the bid form, and do not add words to the bid form.

Unauthorized conditions, limitations, or provisions attached to the bid may be cause for rejection of the bid.

All documents contained within the bid submission shall be completed in their entirety and signed and dated where required.

B. Indicate receipt of issued addenda. All Bidders are cautioned to check at www.strasburgva.com or at www.eva.virginia.gov to assure that all Addenda have been received and that the cost consequences thereof have been included in the bid.

C. Although the bid is based upon lump sum, items are to be broken out under certain designations on the bid form. It is the bidder’s responsibility to verify the exact scope of work for all items in order to establish a bid price. Upon award, the successful bidder shall provide a Schedule of Values which will be approved by the Project Engineer and Contract Administrator.

D. The following documents fully completed and signed where appropriate are required for a responsive bid:

i. Signed Cover Sheet

ii. Bid Form (0300)

iii. Bid Security (0301)

iv. Contractor Eligibility and Registration (0302)

v. Insurance Requirements (0312)

vi. Signed Addenda, if applicable

4. BONDS

A. Bid security in the amount stated in the Invitation to Bid must accompany each bid. The successful bidder’s security will not be returned until he/she has signed the Contract and has furnished the required Certificates of Insurance.

B. The Owner reserves the right to retain the security of all bidders until the successful bidder enters into the Contract or until 90 days after bid opening, whichever is sooner.

Other bid security will be returned as soon as practicable. If any bidder refuses to enter into a Contract, the bid security may be forfeited.

C. Prior to signing the Contract, the Owner will require the successful bidder to secure and post a Labor and Materials Payment Bond and a Performance Bond, each in the amount of 100% of the Contract Sum. Such Bonds shall be issued by a Surety acceptable to the

Owner.

0100-3

5. EXAMINATION OF DOCUMENTS AND SITE OF WORK

Before submitting a bid, each bidder shall examine the Drawings carefully, shall read the

Project Manual and all other proposed Contract Documents, and shall visit the site of the

Work. Each bidder shall fully inform himself prior to bidding as to existing conditions and limitations under which the Work is to be performed, and shall include in his bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Contract

Documents. No allowance will be made to a bidder because of lack of such examination and knowledge. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.

6. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, or finds discrepancies on or omissions from any part of the proposed Contract Documents, he/she shall submit a written question to Troy Cave, Project Engineer, by email to tcave@raceyengineering.com or by fax to 540-743-9227. Oral questions will not be permitted. All questions must be received no later than September 25, 2024 at 4:00 PM local time. The person submitting the request shall be responsible for any other interpretations of the proposed Contract

Documents. Questions will be answered in Addendum format and posted as outlined in the invitation to bid, at www.strasburgva.com. It is the responsibility of all bidders to ensure that they have received all addenda and to include signed copies of any and all addenda with their 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 and to waive informality and irregularity in the bids and in the bidding. If the bid from the lowest 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.

8. EXECUTION OF AGREEMENT

A. The form of the Agreement which the successful bidder will be required to execute is included in the Project Manual.

B. The bidder to whom the Contract is awarded shall, within fourteen (14) calendar days after notice of award and receipt of Agreement forms from the Owner, sign and deliver required copies to the Owner.

C. At or prior to delivery of the signed Agreement, the bidder to whom the Contract is awarded shall deliver to the Owner those Certificates of Insurance and Endorsement

0100-4 required by the Contract Documents and such Labor and Materials Payment Bonds and Performance Bond and Town Business License, as are required by the Owner.

D. Bonds and Certificates of Insurance shall be approved by the Owner before the successful bidder may proceed with the Work. Failure or refusal to provide Bonds or

Certificates of Insurance and Endorsement in a form satisfactory to the Owner shall subject the successful bidder to loss of time from the allowable construction period equal to the time of delay in furnishing the required material.

10. CONSTRUCTION TIME AND LIQUIDATED DAMAGES

A. The Agreement includes a stipulation that all Work be completed by a specified date

(see section 0501). Liquidated damages will not be applied to this project. The contractor is not to begin work until the receipt of the Owner's Notice to Proceed which will be effective upon receipt.

END INSTRUCTIONS TO BIDDERS

0300-1

Mr. J Waverly Coggsdale III

Town Manager

174 E. King Street

Strasburg, Virginia 22657

The undersigned, having visited and examined the site and having carefully studied the drawings and project manual for the Town of Strasburg Tribute to Trent Skatepark Project, hereby proposes to furnish all plant, labor, equipment, materials, and services and to perform all operations necessary to execute and complete the work required for the project in strict accordance with the drawings dated March 3, 2024 and the project manual dated

September 13, 2024, together with addenda numbered , issued during bidding period and hereby acknowledged subject to the terms and conditions of the Agreement for the following sums of money:

BASE BID PROPOSAL

All labor, services, 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, and equipment necessary to entirely construct the proposed Concrete Skatepark improvements including stone subgrade as shown on the Drawings, and in the Project Manual and in the Addenda (if issued). Do not include Site Work or Bid Alternate Item No.1 in this base bid item.

(bid amount in word format) (bid amount in numerical format)

THE TOTAL BASE BID (PART A ABOVE):

Bid Alternate Item No. 1: All labor, materials, services, and equipment necessary to entirely construct the proposal Concrete Skatepark ramps, including stone subgrade, as shown on the Drawings as Bid Alternate, and in the Project Manual and in the Addenda (if issued).

This bid submitted by (name of firm):

0300-2

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

a. Reject any and all bids, or waive any defects in favor of the Town or

b. Accept any bid at the bid price, whereupon the contractor shall furnish equipment and materials as specified.

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

0301-1

0301 BID SECURITY

We are properly equipped to execute work of the character and extent indicated by the bidding documents and so covered by this bid and will enter into agreement for the execution and completion of the work in accordance with the drawings and project manual and this bid;

and we further agree that if awarded the contract, we will commence the work on the date stated in the "Notice to Proceed" document and prosecute the work and all obligations by the specified completion dates.

Enclosed herewith is the following security, offered as evidence that the undersigned will enter into agreement for the execution and completion of the work in accordance with the drawings and project manual.

Certified check or Cashier�s check for the sum 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 ten 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 Shenandoah, 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

By______________________________________________________ Signature of Authorized

Printed Name

Date _______________________

0302-1

0302 CONTRACTOR ELIGIBILITY AND REGISTRATION

This is to certify that I (we) are not currently barred from bidding on contracts by any agency of The Commonwealth of Virginia, nor am I (we) a part of any firm/corporation that is currently barred 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

By: ___________________________________ Attest

Signature

Title

Date

0312 INSURANCE REQUIREMENTS

By signing and submitting a bid or proposal the contractor certifies that if awarded the contract, they will have the following insurance coverages at the time the contract is awarded. If any subcontractors are involved, the subcontractor will have the same insurance. The contractor further certifies that they or any subcontractor will maintain these coverages during the entire term of the contract.

1.) The contractor will maintain a general liability policy with $1,000,000 combined single limits with a $2,000,000 aggregate. Coverage is to be on an occurrence basis with an insurer licensed to conduct business in the Commonwealth of Virginia. The insurer must have an A. M. Best rating of A- or better. The insurer must list the Town of Strasburg as an additional insured. The endorsement must be issued by the insurance company. A notation on the certificate of insurance is not sufficient.

2.) The contractor will maintain workers� compensation coverage in compliance with the laws of the Commonwealth of Virginia. The coverage must have statutory limits and be with an insurer licensed to conduct business in the Commonwealth of Virginia. The insurer must have an A. M. Best rating of A- or better. As an alternative, it is acceptable for the contractor to be insured by a group self insurance association that is licensed by the Virginia Bureau of Insurance. The contractor will also carry employers liability insurance with a limit of at least $100,000 bodily injury by accident/$500,000 bodily injury by disease policy limit/$100,000 bodily injury by disease each employee.

3.) The contractor will maintain automobile liability insurance with limits of at least $1,000,000. The coverage is to be written with a symbol �1�. The insurer must be licensed to conduct business in the Commonwealth of Virginia. The insurer must have an A. M.

Best rating of A- or better.

Please provide the Town with two (2) documents upon request:

1.) Certificate of Insurance (COI) for the Town of Strasburg, 174 E King St, Strasburg, VA 22657. COI must show the Additional Insured status.

2.) Additional Insured Endorsement issued by the insurance company to show the Additional Insured addition was made to the policy.

BIDDER STATEMENT

We understand the Insurance Requirements of these specifications and will comply in full if awarded this contract.

Signature: Date:

Name: Title:

(Print)

Name of Firm:

0400-1

Rev. March 2020

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/Offerors are expected to inform themselves fully as to the conditions, requirements and specifications before submitting bids/proposals. 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.

DEFINITIONS

CONDITIONS OF BIDDING

Bid Price Currency Bid/Proposal Acceptance Period Cancellation of Solicitations Town Office Closure Clarifications of Terms Conflict of Interest/Collusion Debarment Status Discrimination Prohibited Errors in Bids Ethics in Public Contracting Excusable Delay Licenses, Permits & Fees

TABLE OF CONTENTS

CONTRACT PROVISIONS

Anti-Discrimination Antitrust Applicable Laws & Courts Assignment of Contract Changes to the Contract Contract Execution Contractual Disputes Cooperative Procurement Default Drug-Free Workplace Immigration Reform & Control Act of 1986 Indemnification Insurance Liability & Litigation

Mandatory Use of Town Forms & T&C for ITB�s & RFP�s Modification & Withdrawal of Bids/Proposals Public Inspection of Certain Records Revisions to the Official ITB/RFP Taxes

AWARD

Contract Award Negotiation with the Lowest Bidder Precedence of Terms Qualifications of Bidders/offerors Selection Process/Award

Non-Discrimination of Contractors Payment Safety & OSHA Standards State Corporation Commission (SCC) ID Number Termination

SPECIFICATIONS

Condition of Items Formal Specifications Use of Brand Names

DELIVERY

Defects or Improprieties Testing & Inspection Transportation & Packaging

0400-2

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 To 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 to 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 to 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 TO BID (ITB): 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 ITB 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). 2.2-4301

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: The individual employed and given authority by the Strasburg Town Council by adoption of the Town of Strasburg Purchasing and Contracting Policy. Purchasing Agent may also be referred to as Procurement Manager.

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 assure 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 ITB or RFP.

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

SWAM: Small, Women, 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 ITB, 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.

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.

0400-3

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: 2.2-4310 In the solicitation or awarding of a contract the Town shall not discriminate against a bidder/offeror because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. The Town encourages the participation of SWAM and Veteran-Owned businesses (as defined in 2.2-4310(F) in public procurement activities. Towards that end, the Town encourages contractors to provide for the participation of SWAM/Veteran-Owned businesses through partnerships, joint ventures, subcontracts, and other contractual opportunities.

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: 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 Page County Commissioner of the Revenue's office at 540-743-3840. 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 ITBs 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 ITB 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 it�s sole discretion, whether to reject any bid/ proposal which has been modified. As a precondition to its acceptance of an ITB 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

0400-4 bid sought to be withdrawn.

If a bid contains both clerical and judgment mistakes, a 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.

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.

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 percent.

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 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 ITB/RFP: No bidder/offeror shall modify, revise, edit or make any unauthorized change(s) to the original official ITB/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 ITB/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.

AWARD

CONTRACT AWARD

For ITB: The award(s) made in response to an ITB 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 time lines 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

0400-5 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 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 laws provisions, and venue for litigation with any respect thereto shall be proper only in the Circuit Court of Page County, Virginia. The 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

0400-6 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. 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 disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Town of Strasburg Purchasing and Contracting Policy in the Town Code. 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 the performance of the contract generally.

CONTRACT EXECUTION: Per Town Code, the Town Manager and the Assistant Town Manager shall have authority to execute all contracts and agreements on behalf of the Town except as otherwise directed by the Strasburg Town Council in specific instances.

CONTRACTUAL DISPUTES: Contractual claim procedures shall be as per Code of VA 2.2-4363.

COOPERATIVE PROCUREMENT: 2.2-4304 Except as prohibited by the current Code of Virginia 2.2-4304, all resultant contracts will be extended, with the authorization of the contractor, to other public bodies to permit their ordering of supplies and/or services at the prices and terms of the resulting contract. If any other public body decides to use the final contract, the Contractor must deal directly with that public body concerning the placement or orders, issuance of the purchase order, contractual disputes, invoicing and payment. The Town acts only as the �Contracting Officer� for these public bodies. Any resulting contract with other public bodies shall be governed by the laws of that specific entity. It is the Contractor�s responsibility to notify the public bodies of the availability of the contract. The Town shall not be held liable for any costs or damage incurred by another public body as a result of any award extended to that public body by the Contractor.

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 items of a comparable quality from other sources and hold the contractor responsible for any resulting additional costs above the contract price when purchases are made in the open market. This remedy shall be in addition to any other remedies, which the Town may have.

DRUG-FREE WORKPLACE: 2.2-4312 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.

0400-7

IMMIGRATION REFORM and CONTROL ACT OF 1956: 2.2-4311.1 By submitting their bids/proposals, bidders/offerors 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.

INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the Town, its officers, agents, volunteers, and employees…