Pool Concession Siding Project 2025.docx

QUICK QUOTE REQUESTS

County of Frederick, Virginia

FINANCE DEPARTMENT

107 N. Kent Street, 3rd Floor Winchester, VA 22601 Phone: (540) 665-5610 www.fcva.us/purchasing

Title:

Clearbrook and Sherando Park Pool Concession Siding

Quotes Due:

March 7, 2025 5:00 p.m.

Project Overview:

Frederick County Parks and Recreation is seeking a qualified contractor to install new siding and gutters at the Clearbrook and Sherando Park Pool concession buildings.

Specifications:

· Install new siding over existing siding. Remove and replace any rotten wood on the fascia, rakes, freeze boards and add new cladding

· Install new framing and plywood as needed to prepare the area to receive house wrap and siding.

· Install Tyvek house wrap to receive vinyl siding.

· Install new 1/4foam insulated panels over the existing wood siding along the bottom of the building.

· Install smooth coated .019 aluminum cladding to all fascia, rake and freeze boards.

· Install new aluminum capping along the bottom of the walls as needed.

· Install new Z-flashing along the top of any doors or windows as needed.

· Install new Invisvent solid soffit panels to the soffit area siding. (white color)

· Install CertainTeed Main Street vinyl siding. (Desert Tan color Clearbrook, Sterling Gray color Sherando)

· Install CertainTeed Board and Batten S7 vinyl siding in both gables and the triangle areas on both front and back of the building. (Desert Tan color Clearbrook, Sterling Gray color Sherando)

· Install all accessories associated with siding installation, color coordinated.

· Install a fan vent on the upper right side of the building.

· Install new 6” - .032 baked aluminum enamel gutters utilizing hidden hangers with 3” x 4” downspouts (White color Clearbrook, Black color Sherando)

· Apply sealants to newly installed siding to properly seal joints and terminations.

· Remove all job-related debris from the worksite.

Work to be completed by April 30, 2025

Proposals may be submitted through eVA or directly by e-mail, final contract will need to be in accordance with County terms and conditions listed below.

ALL QUESTIONS SHOULD BE EMAILED TO: Cory Smith csmith@fcva.us

PRICE PAGE

VENDOR NAME: ____________________________________

New siding and gutters at Clearbrook and Sherando Pool Concessions:

Line No.

Item Description

PRINT NAME: ____________________________________

SIGNATURE: _____________________________________

All prices shall be F.O.B. Destination: Freight, delivery costs, fuel, and incidental charges shall be included.

GENERAL TERMS AND CONDITIONS

1. AUTHORITY: The County has the sole responsibility and authority for negotiating, placing and when necessary modifying every solicitation, contract and purchase order issued by the County of Frederick, VA. The County Finance Director serves as the County Purchasing Agent. In the discharge of these responsibilities, the County Finance Director has appointed the County Purchasing Manager to assist the County Purchasing Agent. Unless specifically delegated by the County, no other County officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the government of the County of Frederick, VA for an indebtedness. Any purchase ordered or contract made which is contrary to these provisions and authorities shall be of no effect and void and the County shall not be bound thereby.

2. SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the County Purchasing Manager or the RFQ Contact, regarding this Request for Quotes is expressly forbidden except with the permission of the Purchasing Manager. Violation of this directive may result in a determination that the Offeror is ineligible for award.

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

c. Prices, when requested, shall be stated in units of quantity specified. No additional charges shall be passed on to the County, including sales tax, delivery charges or other surcharges. All deliveries shall be F.O.B. Destination.

d. If the County is closed for business at the time scheduled for Quote opening, regardless of reason, Quotes will be accepted on the next business day of the County, at the originally scheduled time.

e. The Terms and Conditions in this Request for Quotes shall supersede any terms and conditions offered. Any additional conditions an Offeror intends to be considered, must be submitted as part of the Quote and be indicated on the Quote Form. Such exceptions may result in the Quote being determined non- responsive.

f. Submission of a Quote by the Offeror is not to be construed as an award or an order to ship.

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

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

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

a. The County posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov).

4. AWARD

a. A notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov ).

b. Award shall be made to the responsible Offeror whose Quote is determined in writing to be the most advantageous to the County, taking into consideration price and the evaluation factors set forth in this Request for Quotes. No other factors or criteria shall be used in the evaluation. When the terms and conditions for multiple awards are provided in the Request for Quotes, awards may be made to more than one (1) Offeror.

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

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

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

7. SMALL, WOMEN-OWNED, MINORITY AND SERVICE-DISABLED VETERAN-OWNED BUSINESS REQUIREMENTS: The County of Frederick desires to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women, minority individuals, and service- disabled veterans and to encourage their participation in the County's procurement activities. The County encourages these firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women, minority individuals, and service-disabled veterans through partnerships, joint ventures, subcontracts, and other contractual opportunities. A directory of Commonwealth of Virginia Small, Women-Owned, Minority and Service-Disabled Veteran-Owned businesses can be found at https://directory.sbsd.virginia.gov.

8. FAITH BASED ORGANIZATIONS: In accordance with the Code of Virginia § 2.2-4343.1, the County does not discriminate against faith-based organizations.

9. NON-DISCRIMINATION: During the performance of this contract, the Contractor agrees as follows:

a. It will not discriminate against any employees or applicants for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by federal or state law relating to discrimination in employment, except where one or more of these are a bona fide occupational qualification reasonably necessary to the normal operations 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 non-discrimination clause.

b. The Contractor will be and state that he is an equal opportunity employer in all solicitations or advertisements for employees.

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

d. The Contractor will include the provisions of the foregoing paragraphs (a), (b) and (c) in every subcontract or Purchase Order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

10. DRUG FREE WORKPLACE: In accordance with the Code of Virginia § 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 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 over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

11. PAYMENT TERMS

Payment will be authorized following receipt of a valid invoice and delivery of goods or completion of services according to specifications and subject to inspections. Payments shall be in accordance with the Acknowledgement of Payment Procedures, which can be found at www.fcva.us/purchasing.

a. Payment terms shall be “Net 30 Days" unless otherwise stated by the Offeror on the Quote Form. Alternate terms may be offered by Offeror for prompt payment of bills.

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

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

d. If offered by the Offeror, a payment discount period shall be computed from the date of proper receipt of a valid invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.

12. PRICE ADJUSTMENT: Prices shall remain firm for the initial contract period. Should the County exercise the option to renew the contract for additional one-year periods, the Contractor may request a price increase prior to the end of the then current period. The price increase for each renewal period shall not exceed the change of the Consumer Price Index (CPI) OR the Producer Price Index (PPI) Series indicated in the award, not seasonally adjusted as published by the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

The new contract price(s) shall be calculated by applying the published index percentage change to the then current unit price(s). The newly adjusted price(s) will become effective upon a mutually acceptable date, but not prior to the date of the renewal period, and will apply to goods or services requested on or after the effective date of the new price. The Contractor shall submit a written request for a price increase (email, facsimile, or US Mail) to the Purchasing Manager AND soliciting department. When applicable, evidence/proof of price change from the manufacturer or other relevant source shall accompany the price increase request. Price increases will not be automatic and are subject to approval by the County. If approved by the County, price increases shall be limited to a maximum of 5% for each one-year renewal period.

If a price decrease is provided by the supplier, distributer or manufacturer, such price decrease shall be immediately passed on to the County.

Consumer Price Index or Producer Price Index information and detailed statistics including current percentage changes can be accessed at http://www.bls.gov/cpi or http://www.bls.gov/ppi.

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

The Contractor agrees to defend and save the County, its agents, officials, volunteers and employees, harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented or unpatented invention, goods and/or services or appliances furnished or used in the performance of the contract, or which the Contractor is not the patentee, assignee, or licensee, to the same extent as provided in the above paragraph.

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

15. GOVERNING LAW AND FORUM SELECTION: This solicitation is subject to the laws of the Commonwealth of Virginia and the County of Frederick, Virginia. By virtue of entering into a contract, Contractor submits itself to a court of competent jurisdiction serving Frederick County, Virginia, and further agrees that this contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by said court accordingly.

16. RIGHTS UNDER ANTITRUST LAWS: The Offeror assigns to the County any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to the Quote. This provision is remedial in nature and is to be liberally construed by any court in favor of the County.

17. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Offeror certifies that it does not and will not during the performance of this Agreement violate the provisions of the Federal Immigration Reform and Control Act of 1986, as amended, which prohibits employment of illegal aliens.

18. ASSIGNMENT OF CONTRACT: A Contractor may not assign or transfer this contract and/or Purchase Order in whole or in part except with the prior written consent of the County, which may be withheld in the County’s sole and exclusive discretion.

19. DEFAULT: In event of default by the Contractor, the County reserves the right to procure the goods and/or services from other sources and hold the Contractor liable for any excess cost occasioned thereby.

20. TERMINATION FOR CONVENIENCE: The County may terminate a contract when funds are not appropriated for the specified goods or services or when it is determined to be in the County’s best interest without providing specific cause.

If the contract is an extended term contract, after completion of the first contract period, either party may terminate the contract without penalty or financial obligation, except that the parties remain liable for performance of all terms, conditions, and obligations through the date of termination.

Written notice of termination shall be given to the other party a minimum of thirty (30) days prior to its effective date.

21. TERMINATION FOR CAUSE: In the event that the Contractor shall for any reason or through any cause be in default of the terms, conditions, or obligations of the contract documents, the County may give the Contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of the contract documents are considered material.

The County may, in its discretion, provide the Contractor an opportunity to cure the default, if curable, prior to termination. Unless a different duration is provided in the notice of default, or agreed upon by the parties in writing, the Contractor shall have fourteen (14) calendar days to cure the default from the date such notice is mailed to the Contractor unless notification is by electronic means (fax/email) or personal delivery, in which case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the Contractor to cure the default, the County may immediately terminate the contract effective as of the mailing or delivery of the default notice. If the County terminates the contract, the Contractor shall remain liable for performance of all terms, conditions, and obligations through the date of termination. Termination by the County shall not constitute a waiver by the County of any other rights or remedies available to the County by law or contract.

In addition, failure of the Contractor to perform the obligations of the contract may result in debarment of the Contractor for a period of up to three years. Termination and/or debarment of the Contractor shall not constitute a waiver by the County of any other rights or remedies available to the County by law or contract.

22. RIGHTS AND REMEDIES NOT WAIVED: In no event shall a payment by the County to the Contractor or the waiver by the County of any provision under the contract, including any obligation of the Contractor, constitute or be construed as a waiver by the County of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the Contractor, and the making of any such payment by the County while any such breach or default exists shall not impair or prejudice any rights or remedies available to the County.

23. SEVERABILITY: If any provision of the Contract resulting from this Request for Quotes or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected, and each provision of this contract shall be valid and enforced to the full extent permitted by law.

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

25. CONFLICT: In the event of a conflict between the contract documents, including these terms and conditions and the terms of a purchase order or related document issued by the Finance Department, the contract documents shall control.

26. NON-EXCLUSIVE CONTRACT: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Contractor. The contract shall not restrict the County from acquiring similar, equal or like goods and/or services from other sources.

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

28. VIRGINIA FREEDOM OF INFORMATION ACT: 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.

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

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