Shelter Install SHP Quote Request.pdf

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: Sherando Park Picnic Shelter Installation

Quotes Due: April 12, 2024 @ 2pm.

Project

Frederick County Parks and Recreation is seeking quotes for the installation of a picnic shelter kit at Sherando Park. A 24’ x 36’ gable wood shelter kit is on order and anticipated to arrive near the end of May 2024, project is for site work, installation, and electric. Concrete supply

(not including rebar or forming) will be donated by Vulcan Materials for all site concrete needs.

Shelter is identical to the shelter at Rose Hill Park installed in 2016 (1871 Jones Road, Winchester, VA, 22602). Rose Hill Park and Sherando Park sites are open for inspection dawn to dusk, Sherando Park shelter address: 525 Line Drive, Stephens City, VA 22655.

SPECIFICATIONS:

• Site Prep and foundation per stamped drawings (see attached site layout, stamped drawings)

• Installation of RCP shelter kit

• Installation of electric conduit, 2-20amp breaker sub panel, 2-20 amp GFI exterior outlets, 5 – center hung, caged, light fixtures. (See attached images)

• Prep and forming of sidewalk extension (Approx. 30 linear feet, 5’ wide)

• Prep and forming shelter slab (24’ x 36’) per stamped drawings

• All required permits

• Performance and Payment bonds required of awardee

ALL QUESTIONS SHOULD BE DIRECTED TO:

Jon Turkel; (540) 722-8300 jturkel@fcva.us http://www.fcva.us/purchasing mailto:jturkel@fcva.us

PRICE PAGE

VENDOR NAME:

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TOTAL PRICE $

Discount (percentage and/or lump sum if offered):

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 Addendaare 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).

http://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.

http://www.eva.virginia.gov/ https://www.scc.virginia.gov/ https://directory.sbsd.virginia.gov/%23/

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.

http://www.fcva.us/purchasing

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, tothe 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.

http://www.bls.gov/cpi http://www.bls.gov/ppi

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.

30. Performance and Payment Bond Requirements and Sample Contract:

STANDARD PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That , the Contractor (“Principal”) whose principal place of business is located at , and

(“Surety”), whose address for delivery of notices is located at

, are held and firmly bound unto the County of

Frederick, Virginia (“Obligee”), in the amount of dollars ($ __________________) (the “Bonded Sum”) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated entered into Contract No. with Obligee for

__________________________________, which contract (the "Contract") is by reference expressly made a part hereof;

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly and faithfully perform all its obligations under said Contract in strict conformity with the plans, specifications and conditions of the Contract during the time specified in the Contract and any extensions thereof as may be granted by the Obligee with or without notice to Surety, and shall also promptly and faithfully perform all requirements of any amendment to the Contract made as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

Any amendments which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Obligee of any extension of time for the performance of the Contract, or any other amendments, extensions or forbearance on the part of either or both of the Obligee or the Principal to the other shall not in any way release the

Principal and the Surety, or either of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such amendment, extension, or forbearance being hereby waived.

Whenever the Principal is in breach of the Contract and the Obligee has given Surety written notice of such breach and written demand for Surety to act under this paragraph, the Surety shall contact the Obligee in writing and arrange an in-person or telephone conference to be held with Obligee within ten days of such written demand to discuss methods of remedying the breach. Within forty days after such written demand, the Surety shall take one of the following actions:

(1) fully remedy the breach; (2) unconditionally pay the Bonded Sum to the Obligee; (3) if acceptable to Obligee (in

Obligee’s sole discretion), enter into a written takeover agreement with Obligee by which Surety (through specified agents or independent contractors) undertakes to perform all of Principal’s obligations under the Contract and pay all damages for which Principal is liable under the Contract; or (4) agree to pay Obligee all amounts (not exceeding the

Bonded Sum) by which Obligee is damaged as a result of Principal’s breach, as such damages are or were incurred, including without limitation, the net cost of obtaining some or all of the Contract performance from an alternative source through the Public Procurement Act or other legally available procedure, plus all damages resulting from the nonperformance or from the delay between the Contract deadline(s) and the actual completion of the Contract performance.

The time required for the above conference or to complete the above actions shall not toll any Contract deadlines or operate as a waiver of any of the Obligee’s rights under the Contract or under this Performance Bond. If Surety fails to take one of the four specified actions within forty days after such written demand, Surety shall, within such time, provide

Obligee with a written statement of any basis upon which it denies obligation to take such action, and at any time after such forty day period, Obligee may proceed to complete the work in any reasonable manner without further notice to

Surety and recover from Surety (up to the Bonded Sum) the damages caused by Principal’s breach.

This bond shall be in effect for a period of one (1) year from the date hereon and shall automatically renew for additional terms of one (1) year from the present or future expiration date, unless and until SURETY, _______________________________________, shall give sixty (60) days prior written notice to the County to:

“Purchasing Manager, Frederick County Finance Dept., 107 North Kent Street, Winchester, Virginia 22601”, by certified mail, returned receipt requested, of its intent to terminate same at the expiration of the sixty (60) day period.

This bond shall also be terminated upon the Purchasing Manager (or Designee) giving written release stating that

PRINCIPAL, _______________________________________, has well and truly performed and fulfilled the obligations of this agreement.

No action shall be brought on this bond unless brought within one year after (a) completion of the Contract, including the expiration of all warranties and guarantees, or (b) discovery of the defect or breach of warranty that gave rise to the action. No other delay by Obligee in exercising rights under this bond shall operate as a waiver of such rights. The validity, interpretation, and enforcement of this Bond shall be governed in all respects by Virginia law. Any suit in connection with this Bond shall be brought solely in the appropriate Virginia court of competent jurisdiction in and for the County of Frederick, Virginia.

Signed and sealed this ____ day of ___________, 20__.

__________________________________ _____________________________________(Seal)

Witness Principal

By_____________________________________

Title____________________________________

_____________________________________(Seal)

Surety

Attorney-in-Fact

Typed Name_____________________________

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH/STATE OF

CITY/COUNTY OF

I, the undersigned notary public, hereby certify that , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is signed to the foregoing performance bond in the sum of

____________________________ , which is dated _________________ and which names the

County of Frederick Virginia as Obligee, personally appeared before me today in the above jurisdiction and, being duly sworn, stated that s/he is the attorney-in-fact of ______________________________________________________

,a ____________________________________________________________corporation which is the Surety in the foregoing bond, that s/he is duly authorized to execute on the above Surety’s behalf the foregoing bond pursuant to the power of attorney that is dated ____________________ and attached hereto, and that on behalf of the above Surety, s/he executed the foregoing bond and acknowledged the foregoing bond before me as the above Surety’s act and deed.

S/he has further stated under oath before me at this same time and place that the attached power of attorney has not been revoked and that s/he has not and had not, at the time of signing and delivering the bond or doing any other act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death, disability or otherwise, or notice of any facts indicating the same.

Given under my hand this ____day of __________ , 20_____.

_______________________________________(SEAL)

Notary Public

Print name: ____________________________________

My commission expires: __________________________

LABOR AND MATERIALS PAYMENT BOND

This bond is issued simultaneously with a Performance Bond in favor of the Obligee, conditioned on the full and faithful performance of the contract.

KNOW ALL MEN BY THESE PRESENTS: That

(Insert full name or legal title of Contractor and address)

As Principal, and ________________________________________________________________________________ (Insert full legal title of the Surety) as Surety, are held and firmly bound unto the County of Frederick, Virginia, as Obligee, in the amount of

______________________ Dollars $ ________________ for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated ________________________20_____ , entered into a contract with_______________________________________________ for

Which contract (the “Contract”) is by references expressly made a part hereof.

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall promptly make payment to all claimants as hereinafter defined, for labor performed and material furnished in the prosecution of the work provided for in the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject however, to the following conditions.

The Principal and Surety hereby jointly and severally agree as follows:

1. A claimant is defined as one having a direct Contract with the Principal or with a subcontractor of the Principal for labor, material, or both for use in the performance of the Contract. A “subcontractor” of the Principal, for the purposes of this bond only, includes not only those subcontractors having a direct contractual relationship with the

Principal, but also any other contractor who undertakes to participate in the work which the Principal is to perform under the aforesaid Contract, whether there are one or more intervening subcontractors contractually positioned between it and the Principal (for example, a subcontractor). “Labor” and “material” shall include but not be limited to, public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the work site.

2. Subject to the provisions of paragraph 3, any claimant, who has performed labor or furnished material in accordance with the Contract documents in the prosecution of the work provided in the Contract, who has not been paid in full therefore before the expiration of ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which he claims payment, may bring an action on this bond to recover any amount due him for such labor or material, and may prosecute such action to final judgment and have execution on the judgment. The Obligee need not be a party to such action and shall not be liable for the payment of any costs or expenses of any such suit.

3. Any claimant who has a direct contractual relationship with any subcontractor of the Principal from whom the

Principal has not required a subcontractor payment bond, but who has no contractual relationship, express or implied, with the Principal, may bring an action on this bond only if he has given written notice to the Principal within one hundred eighty (180) days from the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material as furnished. Notice to the Principal shall be served by registered or certified mail “Return Receipt Requested,” postage prepaid, in an envelope addressed to the Principal at any place where his office is regularly maintained for the transaction of business. Claims for sums withheld as retainages with respect to labor performed or materials furnished shall not be subject to the time limitations stated in this paragraph 3.

4. No suit or action shall be commenced hereunder by any claimant:

a. Unless brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, the limitation embodied within this bond shall be deemed to be amended as to be equal to the minimum period of limitation permitted by such law.

b. Other than in a Virginia court of competent jurisdiction, in and for the County of Frederick, Virginia or in the United States District Court for the Western District of Virginia, Harrisonburg Division, and not elsewhere.

5. The amount of this shall be reduced by and to the extent of any payment or payments made in good faith hereunder.

6. This bond shall be in effect for a period of one (1) year from the date hereon and shall automatically renew for additional terms of one (1) year from the present or future expiration date, unless and until SURETY, _____________________________________________________________ , shall give sixty (60) days prior written notice to the County to: “Purchasing Manager, Frederick County Finance Dept., 107 North Kent Street, Winchester, Virginia 22601”, by certified mail, returned receipt requested, of its intent to terminate same at the expiration of the sixty (60) day period. This bond shall also be terminated upon the Purchasing Manager (or Designee) giving written release stating that PRINCIPAL, ______________________________________________________, has well and truly performed and fulfilled the obligations of this agreement.

Signed and sealed this ____ day of ___________, 20__.

__________________________________ __________________________________(Seal)

Witness Principal

Title____________________________________

__________________________________(Seal)

Surety

Attorney-in-Fact

Typed Name_____________________________

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH/STATE OF

CITY/COUNTY OF

I, the undersigned notary public, hereby certify that , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is signed to the foregoing performance bond in the sum of

_____________________________ , which is dated _____________ and which names the County of Frederick Virginia as Obligee, personally appeared before me today in the above jurisdiction and, being duly sworn, stated that s/he is the attorney-in-fact of

_________________________________________________________________ ,a

_______________________________________________________________ corporation which is the Surety in the foregoing bond, that s/he is duly authorized to execute on the above Surety’s behalf the foregoing bond pursuant to the power of attorney that is dated and attached hereto, and that on behalf of the above Surety, s/he executed the foregoing bond and acknowledged the foregoing bond before me as the above Surety’s act and deed. S/he has further stated under oath before me at this same time and place that the attached power of attorney has not been revoked and that s/he has not and had not, at the time of signing and delivering the bond or doing any other act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death, disability or otherwise, or notice of any facts indicating the same.

Given under my hand this ____day of __________ , 20_____.

_______________________________________(SEAL)

Notary Public

Print name: ____________________________________ My commission expires: __________________________

SAMPLE CONTRACT/AGREEMENT

(This is a Sample Only. A specific contract will be sent to the Bidder who is awarded the contract)

PROJECT NAME

This Contract entered into this ____ day of _________________________2023, by

_______________________, hereinafter called the “Contractor” and the County of Frederick, VA, called the

“Owner”.

WITNESSETH that the Contractor and the Owner, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows:

SCOPE OF CONTRACT: The Contractor shall provide the goods/services to the Owner as set forth in the official Quote Request, which shall include:

(1) WORK TO BE PERFORMED…

(2) PERIOD OF PERFORMANCE:

(3) Either party may terminate this contract with 30-days written notice to the other party.

The contract documents shall consist of the following documents, which are expressly incorporated into this contract by reference:

(1) This signed form

(2) The entire County of Frederick, VA Quote Request, to include the General Terms and Conditions dated: ________________

(3) The Contractor’s Quote response dated ________________, all of which documents are incorporated herein.

IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby.

CONTRACTOR: COUNTY OF FREDERICK, VA (OWNER):

By: _____________________________________ By: ________________________________

Print: _____________________________________ Print: _________________________________

Title: _____________________________________ Title: _________________________________

APPROVED AS TO FORM:

Contract Officer / Purchasing Manager