Solicitation - 108 Collins Lane Housing Rehabilitation.pdf

v: 11-28-23

INVITATION FOR BIDS

IFB No. B49256-VR Issue Date: 12/07/2023

County of York, Virginia

CENTRAL PURCHASING

120 Alexander Hamilton Blvd.

Yorktown, VA 23690

Phone: (757) 890-3680 https://www.yorkcounty.gov/571/Central-Purchasing

The Central Purchasing office of the County of York, Virginia, as agent for The County of York, Virginia

(“County”), will receive sealed bids for the below described goods/services, subject to the conditions and instructions specified herein.

Title/Project:

HOUSING REHABILITATION: 108 COLLINS LANE, YORKTOWN, VA. 23693

Pre-Bid Meeting Date: December 11, 2023 Time: 9:00 a.m.

Location: 108 Collins Lane, Yorktown, VA. 23693

Attendance is Mandatory

Bids Due: December 21, 2023 at 11:00 a.m.

Method of Bid

Submittal

Submittal requirements shall be as specified in Section B.2.b. to the Central

Purchasing Office. No exceptions.

DO NOT SUBMIT YOUR RESPONSE THROUGH eVA.

Bid Reading: Bids will be opened and announced by Central Purchasing office staff as specified in

Section B.4. The bid opening may be observed via ZOOM.

https://us06web.zoom.us/j/82559760431?pwd=7MhMvfQQkiB-

4TB4xNUSXHcjin72Cg.uM7r2t5ImlE16woy Questions: Questions or comments related to this solicitation shall be directed to the Contract

Officer not later than 3:00 p.m. on December 15, 2023. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted.

Contract Officer: victor.robinson@yorkcounty.gov Buyer - I

Only screened and approved Contractors may participate in this solicitation.

The screening application, is available for free download at https://www.yorkcounty.gov/598/Solicitations.

Funding for this project is provided in whole or in part with Federal and/or State funds.

This solicitation is posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov) and is available for free download.

A direct link to all York County solicitations on eVA is available on Central Purchasing webpage

(https://www.yorkcounty.gov/571/Central-Purchasing) by selecting “Solicitations” from the left side bar. Bidders and potential subcontractors may communicate and collaborate using the B2B Connect tab on the eVA solicitation webpage.

https://us06web.zoom.us/j/82559760431?pwd=7MhMvfQQkiB-4TB4xNUSXHcjin72Cg.uM7r2t5ImlE16woy https://us06web.zoom.us/j/82559760431?pwd=7MhMvfQQkiB-4TB4xNUSXHcjin72Cg.uM7r2t5ImlE16woy mailto:victor.robinson@yorkcounty.gov mailto:victor.robinson@yorkcounty.gov https://www.yorkcounty.gov/598/Solicitations http://www.eva.virginia.gov/

Rehabilitation of House at 108 Collins Lane (IFB) B49256-VR

For purposes of this solicitation, the following definitions shall apply:

“Owner(s)” or “Homeowner(s): The individual(s) or entity in whose name the subject property is titled.

“County”: County of York, Virginia; or any of its departments, agencies, officials, or officers, including specifically, but not limited to, the York County School Board, the York-Poquoson Department of Social

Services, Constitutional Officers, the York County Library, or any other governmental entity for which the

County is acting as agent.

“Contractor”: The legal entity to whom an award is made as a result of this solicitation.

Table of Contents

REQUIREMENTS

Section A – Specifications/Scope of Work

Section B – Bid Process Section C – Contract Specific Terms and Conditions Section D – General Terms and Conditions

EXHIBITS

Exhibits are provided for reference; do not complete or return them with your bid.

A Sample Contract is provided as an Exhibit. Exhibits within the Sample Contract may be referenced in other sections of the IFB.

Exhibits within the Contract shall include:

A. Federal Construction Contract Language

B. Monthly Register of Contractors, Subcontractors, and Suppliers

C. Contractor’s Disclosure Report

D. Bidder’s Bid (Completed Forms A, B, C, D and E)

E. Master Specifications

F. Certification of Compliance with Immigration Laws and Regulations

G. Insurance Requirements

H. County Solicitation document

SUBMITTAL DOCUMENTS

Form A: Bid Form (Include responses to all sections)

Form B: SWAM Information

Form C: References

Form D: Insurance Carrier Acknowledgement

Form E: Work Write-up / Pricing

REQUIREMENTS

SECTION A

SCOPE OF WORK

1. PURPOSE: The purpose of this solicitation is to obtain Bids to rehabilitate the housing unit located at 108

Collins Lane, Yorktown, Va. 23693.

2. BACKGROUND: The County uses a program (the “Program”) funded by the Virginia Department of Housing and Community Development that allows it to rehabilitate housing units within the County.

3. SCOPE OF WORK: The Contractor shall provide housing rehabilitation services as described herein, as specified in “Work Write-up / Pricing” (Form E), the “Master Specifications” (Exhibit E), and by reference all other provisions and Exhibits specified in this solicitation. Additionally, the Contractor will supply all labor, materials, dumpster, and all trash-related removal. All work to be completed in a workmanlike manner. All work to be in accordance with State and local codes. Contractor is responsible for maintaining a clean and safe work environment and final clean-up. All work and materials must meet Master Specifications requirements. Work may include paint, windows, siding, flooring, cabinets, and fixtures, etc. All warranties must be submitted to the

Homeowner and copies supplied to York County Housing Division before final payment is issued. Contractor is responsible for any County or State reconnection fees. Contractor is to return to job site and fill in any areas that have settled below yard grade within the first year after construction

4. PERMITS: Contractor shall procure and post all County: building, HVAC, plumbing, insulation, and electrical permits on site. Contractor shall obtain all code inspections and submit reports with each request for payment.

5. CHANGE ORDERS -There will be no changes to the write up, unless approved in writing by Contractor, Homeowner, the County, and the Virginia Department of Housing and Community Development (DHCD).

6. MEASUREMENTS: All measurements are approximate. Contractors shall verify measurements prior to bidding.

7. ENERGY STAR APPLIANCES: Appliances (water heater, HVAC, refrigerators, windows, exterior doors, washers and dryers, and light fixtures) shall carry the “Energy Star” certification, included in the write up.

8. DOOR HANDLES: All doors to have lever handles.

SECTION B

BID PROCESS

1. eVA REGISTRATION

a. In order to participate in County of York solicitation opportunities, Bidders/Offerors are not required to be registered in eVA. However, because the County uses eVA to post awards, eVA registration by the selected firm(s) may become necessary. Award of a County of York contract as a result of this solicitation will not result in the assessment of a fee from eVA.

b. eVA registration provides access to many free services and tools including automated placement on bidders lists and email/fax notifications for business opportunities with Virginia State Agencies, Colleges and

Universities, as well as many Local Governments.

c. DO NOT SUBMIT YOUR RESPONSE THROUGH eVA. Only paper responses submitted directly to Central Purchasing will be considered.

2. BID PREPARATION AND SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the County of York, Virginia Central Purchasing, including other County offices or other contractors and consultants of the County, regarding this Invitation for

Bids is expressly forbidden except with the permission of the Contract Officer. Violation of this directive may result in a determination that the Bidder is ineligible for award.

b. Bids shall be submitted as specified below, other methods are not allowed.

1. Sealed Bids shall be delivered to the Central Purchasing office, located on the second floor of the

Finance Building, 120 Alexander Hamilton Blvd., Yorktown, VA 23690, between the hours of 8:15 am and 5:00 pm, Monday through Friday.

The following information should be written on the outside of the submittal envelope or package:

Bid Number

Title of Bid

Submittal Deadline Date and Time

Bidder’s Name

2. If the building is closed to visitors, call 757-890-3680 and Purchasing staff will meet you at the building’s front door (Fire Exit) to receive your bid.

3. If the building is closed to both visitors and Central Purchasing staff (i.e.: snow closing), then bids shall be accepted on the next business day of Central Purchasing at the originally scheduled time.

NOTE: Direct contact with anyone other than the County of York, Virginia Central Purchasing, including other County departments or the County’s consultants, regarding this Invitation For Bids

(IFB) is expressly forbidden except with the permission of Central Purchasing’s Contract Officer.

Violation of this directive may result in a determination that the Firm is ineligible for award.

4. In addition to delivery by the Bidder as described above, bids may be delivered by USPS, UPS, FedEx, etc., however the County assumes no responsibility for misrouted documents, and will not consider them if they are received in the Central Purchasing office after the specified date and time deadline.

c. Bids will not be accepted if submitted by any other method than as specified in “b” above.

d. All bids shall be submitted on and in accordance with this form. Failure to return required documents and information specified herein may result in a determination that the bid is non-responsive. All costs associated with preparing a bid are the Bidder’s responsibility.

e. The solicitation document as posted by Central Purchasing shall be considered the official copy. In the case of any inconsistency between bid documents submitted to the County, but not clearly listed on the exception page of the document as an exception by the Bidder, the language of the official copy shall prevail.

Furthermore, any exception or changes to the specifications made by the Bidder may be cause to disqualify the bid from award consideration.

If this solicitation requests information in an electronic format, all electronic files uploaded must be in a common format accessible by software programs the County uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Bidders will not secure, password protect or lock uploaded files; the County must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the County to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The County may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

f. Bids must be received by Central Purchasing as specified on page one of the IFB [or as adjusted per Section

B.2.b.3, or by addendum]. Bids received in Central Purchasing after the due date and time will not be accepted or considered. It will be the responsibility of the Bidder to see that his bid is in Central Purchasing by the specified time and date. Date of postmark will not be considered. Electronic transmittals (i.e. fax, email, etc.) will not be considered. There will be no exceptions.

g. The County’s receipt of a bid document is not to be construed as a determination that the bid document is responsive, nor shall receipt of a bid document be construed as an award or an order to provide goods or services.

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

i. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the

Homeowner or the County, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the Homeowner or the County.

j. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink and must be initialed and dated in ink by the person signing the bid.

k. Prices shall be entered on and in accordance with the bid form. In case of an error in the calculation of cost based on multiple units of the same item, the unit price shall govern and the correct amount will be calculated by the County. In case of an error in the total cost, the individual line items shall govern and the summation will be calculated by the County. When included on the bid form, failure to provide unit pricing may result in a determination of non-responsiveness.

l. The Terms and Conditions in this Invitation For Bids shall supersede any terms and conditions of the Bidder’s bid. Any additional conditions a Bidder intends to be considered must be submitted as part of the bid and be indicated on the Exceptions section of the Bid Form. Such exceptions may result in the bid being determined non-responsive.

m. The Specifications, Scope of Work, Item Descriptions, etc. shall supersede any additional writings submitted by the Bidder. Such writings shall be clearly marked and noted by the Bidder on the exception page.

n. All materials specified shall have been determined to have characteristics appropriate for the purposes of this

Project.

Where any item of equipment or material is specified by proprietary name, trade name, catalog reference, or name of one or more manufacturers, without the addition of such expressions as "or equal," it is to be understood that those items are so specified for reasons of standardization in maintenance and operation, or for reasons of obtaining desirable features best suited to the requirements of the Specifications. This specific equipment shall form the basis of the Bid and be furnished under the Agreement. When the drawings or specifications specify one or more manufacturers' brand names or makes of materials, devices or equipment as indicating a quality, style, appearance or performance, the Bidder shall base their bid on either one of the specified brands, and only the specified items shall be used (No Substitute).

However, in the event that the clause “or equal” is used in the specifications pertaining to the material or article, the proposed use of an article other than that specified may be considered, but must be approved by the County. The burden of proof as to the comparative quality and suitability of the proposed substitute equipment, articles or materials shall be upon the Bidder, and they shall furnish at their own expense, such information relating thereto as may be required by the County.

Requests for approval of products other than as specified shall be submitted in writing to Central Purchasing a minimum of seven (7) calendar days prior to the due date and time of the bids and shall include manufacturers samples(s). Consideration will be given to bids submitted on commodities other than as specified to the extent that such action is deemed to serve best the interests of the County. The County shall be the sole judge as to the comparative quality and suitability of proposed substitute equipment, articles or materials and their decisions shall be final and unreviewable.

If the Bidder does not indicate that the commodity they propose to furnish is other than specified, it will be construed to mean that the Bidder proposes to furnish the exact commodity described.

Post-award proposed substitutes: After contract award, a Contractor may propose a substitute item. The

Contractor shall furnish the County any such information as the County may request to evaluate the substitute item to include estimates of costs or credits, redesign, claims or schedule impacts, warranty or maintenance issues or payment of any license or royalty that could directly or indirectly result from acceptance of the substitute. Any cost or time impacts to the project schedule caused by the Contractor’s submission of a substitute shall be borne by the Contractor. Any costs incurred by the County or by the County’s

Architect/Engineer in reviewing the suitability of the substitute item shall be borne by the Contractor. At i ts sole discret ion, the County may accept and allow use of the proposed substitute item, or may reject the proposed item and require the use of the originally specified item.

o. The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

p. Bidders may request withdrawal of their bids from consideration. Prior to the deadline designated for the receipt of Bids, a Bidder may withdraw its Bids. The withdrawal shall only be made by a representative of the firm submitting the Bid, who shall appear in person prior to the deadline designated for receipt of Bids.

Such representative shall furnish satisfactory identification and proof that they are authorized to withdraw the Bid. Telephone, e-mail, or facsimile notices will not be considered. Additions and/or deletions marked on the outside of the Bid envelope will not be considered. After bids are opened, a bidder may request withdrawal of its bid due to error by giving notice to the Contract Officer in Central Purchasing not later than two business days after bids are publicly opened. Work papers showing evidence of error(s) may be required. Upon request, administrative withdrawal procedures will be provided that shall be used for that purpose. No Bid may be withdrawn under this section when the result would be the awarding of the

Agreement on another Bid to the same Bidder or to another Bidder in which the ownership of the withdrawing Bidder is more than five percent. If a Bid is withdrawn under the authority of this section, the remaining Bids shall be evaluated to determine the lowest responsive and responsible Bidder. 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 awarded, or otherwise benefit, directly or indirectly, from the performance of the Project for which the withdrawn Bid was submitted.

q. A bid by a Bidder 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 Bidder from award of a contract.

r. Bid submittals (including all documents, schedules, reports, plans and other attachments) shall become the property of the County of York, VA and/or any agency of the County, and/or any political subdivision for whom the County of York, VA issues this solicitation, and documents will not be returned to the Bidder.

s. DO NOT SUBMIT YOUR RESPONSE THROUGH eVA. Only paper responses submitted directly to Central Purchasing will be considered.

3. ADDENDA: Changes or supplemental instructions to this Invitation For Bids will be in the form of written

Addenda. All Addenda will be posted online with this solicitation. It is the Bidder’s responsibility to check for

Addenda prior to the bid due date and time to ensure that all addenda are received.

The County posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov). A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar.

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

4. PUBLIC OPENING: Bids must be received by Central Purchasing by the time specified on page one of the IFB.

Thirty minutes after that time, bids will be opened and announced by Central Purchasing staff. The bid opening may be observed via ZOOM.

The Owner's Representative whose duty it is to open Bids will decide when the specified time has arrived.

No responsibility will be attached to any such person for the premature opening of a Bid not properly addressed and identified.

As soon as practical, the County posts bid tabulations on eVA, Virginia’s eProcurement Portal. A direct link to all York County solicitations on eVA is available on Central Purchasing’ webpage

(https://www.yorkcounty.gov/571/Central-Purchasing).

5. AWARD AND EXECUTION OF CONTRACT:

A. Award of Contract:

The Contract will be awarded or the bids rejected as soon as reasonably possible, but not later than ninety (90) days after the date of opening bids, unless the period for acceptance is otherwise extended at request of County and agreed to in writing by the Bidder, or Bidders.

A single award will be made to the lowest responsive and responsible Bidder, and shall be based on the Bid

Summation of TOTAL BID.

You are invited to a Zoom webinar.

When: Dec 21, 2023 11:30 AM Eastern Time (US and Canada)

Topic: Sealed Bid Opening - B49256-VR, 108 Collins Lane - Housing Rehabilitation

To join the webinar, click on the link below:

https://us06web.zoom.us/j/82559760431?pwd=7MhMvfQQkiB-

4TB4xNUSXHcjin72Cg.uM7r2t5ImlE16woy

Password: 263650

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Or Telephone:

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International numbers available: https://us06web.zoom.us/u/keumUYrWoI

If in the event only one bid is received and the Purchasing Agent in consultation with the using agency makes a determination that it would not be in the best interest of the County to re-bid the procurement, such determination shall be in writing and shall be provided to the approving authority when approval by other than the Purchasing

Agent is required. In case of a tie bid, preference shall be given to goods, services, and construction produced in

Virginia or provided by Virginia persons, firms, or corporations (with Bidders situated within the County of York given first preference) if such a choice is available; otherwise the tie bid shall be decided by lot. Where all Bidders are Virginia persons, firms, or corporations (or alternatively, if all Bidders are non-Virginia persons, firms, or corporations), the tie shall also be decided by lot. See York County Ordinance 23-3, Section 6-3.

A notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov ). A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar.

The County reserves the right to reject any and all bids, including if the County determines any of the bid prices are significantly unbalanced to the potential detriment of the County, and to waive any informality, if it is determined to be in the best interest of the County. Unless canceled or rejected, a responsive bid from the lowest responsible Bidder shall be accepted as submitted; except if the bid from the lowest responsible Bidder exceeds available funds, the Purchasing Agent may negotiate with the apparent low Bidder to obtain a contract price within available funds.

A Bidder may protest the award or decision to award by submitting such protest in writing to the Purchasing Agent no later than ten (10) days after the award of the announcement of the decision to award. No protest shall lie for a claim that the selected Bidder is not a responsible Bidder. The written protest shall include the basis for the protest and the relief sought.

B. Entering Contract:

Upon award of the solicitation to a Contractor, such Contractor shall enter into the Contract by signing the Contract and by furnishing the Bond(s) (if required by the solicitation document) for faithful performance as prescribed herein and the Certificate of Insurance with Endorsement(s) within ten (10) calendar days after the date of the award. Failure to provide the Certificate and endorsement(s) within this period may be cause for the County to award a contract to the next responsive Bidder, and hold the original Contractor liable for excess costs.

No contract shall result from the submission of any bid and no liability shall accrue with respect thereto until a written contract and accompanying documents have been fully and completely executed on the part of the successful Contractor, the Owner and the County. However, failure by the successful Bidder to enter into a written contract shall cause the successful Bidder to forfeit the full amount of the bid guarantee to the County.

6. DEBRIEFING

Bid and proposal records shall be open to public inspection only after award of the Contract. Unless the County decides not to accept any bids or not to accept any of the proposals and reopen the solicitation, any Bidder may be allowed to inspect the bid records after bid opening, and any offeror may be allowed to inspect the proposal records after the evaluation and negotiation of proposals are completed, and prior to award.

Inspection of the records shall be made available in the office of Central Purchasing for public review. Interested parties may request a review time during normal business hours, 8:15 a.m. – 5:00 p.m., Monday -Friday. The

Purchasing Agent reserves the right to limit the duration of inspection reviews to not more than sixty minutes per review; multiple reviews are allowed. Until available to the public, no copy, photograph, or any other facsimile of a procurement record shall be allowed.

A notice of decision to award or award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). A direct link to all York County solicitations on eVA is available http://www.eva.virginia.gov/ on Central Purchasing’s webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting

Solicitations from the left side bar.

SECTION C

CONTRACT SPECIFIC TERMS AND CONDITIONS

1. QUESTIONS: Questions regarding this Invitation for Bids (IFB) must be received prior to the date and time posted on the cover page.

2. MANDATORY SITE VISIT: A mandatory site visit is scheduled on the date, time and location posted on the cover page. Attendance at the Pre-Bid conference is mandatory in order for a Bid to be considered for award.

3. CONTRACTOR QUALIFICATIONS: Contractor shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract. Only pre-screened and approved Contractors may participate in this solicitation.

4. METHOD OF AWARD: The County will make a single award based on the Total Bid to the lowest responsive and responsible Bidder.

5. CONTRACT/AGREEMENT: Following award, a contract will be executed between the Homeowner(s), Contractor and the County. A sample contract is included in this Invitation for Bids. Do not return the sample contract with the bid; it is provided for informational purposes only.

6. CONTRACT MODIFICATIONS: Any modifications made to the Contract must be approved by the Central

Purchasing office in advance.

7. CHANGES IN THE WORK: Any changes in the work including substitutions of materials or changes in the scope of work or quality of workmanship required by these specifications which may be found necessary or desirable as the work progresses, shall be in writing with the price change given, and shall be approved by the

Homeowner, Rehab Specialist, County and the Virginia Department of Housing and Community Development before any work is started. No change in the scope of work or quality of materials will be accepted unless authorized by a change order approved and signed by the Homeowner, County, Rehab Specialist and the

Contractor. Any extra work done without such written authority shall be considered unauthorized work done at the expense of the Contractor.

8. PROJECT DELIVERY: The project shall be completed within 60 calendar days after the construction start date.

9. HAZARDOUS MATERIAL: Contractor shall immediately stop work and notify the County if during the course of the work any suspicious and/or potentially hazardous material is encountered. The County will make appropriate adjustments to the contract’s project completion date for time that Contractor’s work is suspended while the County remediates the hazardous material.

10. SCHEDULING AND DELAYS: The parties to a Contract resulting from this IFB acknowledge that all or part of the Work to be performed hereunder may be delayed and extended at the option of the County. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons.

The County shall not be required to pay any of the Contractor’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the County. If the County delays the Project for any reason for a continuous period of ninety (90) days or more, the County and Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount.

9. INVOICING: The purchase order number shall be included on each invoice. Failure to include this information will delay payment. Invoices shall be sent to the address specified on the County issued Purchase Order or

Contract.

10. PAYMENT: Payment will be authorized following receipt of a valid invoice (including Purchase Order

Number) and the County’s acceptance of contracted work.

11. PAYMENT TERMS:

a. Payment terms shall be “Net 30 Days" unless otherwise stated in the Bidder’s bid or if otherwise negotiated.

Alternate terms may be included in the bid 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 1% per month of the invoice amount due.

d. If offered by the Bidder, 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.

e. Invoices for goods or services ordered, delivered and accepted shall be submitted directly to the “Invoice

To” address shown on the purchase order or Contract. All invoices shall show the Purchase Order or

Contract number. Any payment terms requiring payment in less than thirty (30) days will be regarded as requiring payment thirty (30) days after invoice or delivery, whichever occurs last. However, this shall not affect bid terms or discounts for payment in less than thirty (30) days.

12. ALTERNATIVES: Reference Section B, paragraph 2.n of this bid document.

13. EXAMINATION OF CONDITIONS: Each Bidder shall fully investigate site conditions and determine work conditions and take necessary measures to ensure a complete understanding of the specifications and work requirements. Failure to become familiar with the site conditions or work conditions will not relieve the

Contractor from furnishing all materials or performing the Work in accordance with the specifications attached and made a part of this solicitation.

14. WARRANTY: The Bidder agrees that the parts, supplies, materials and services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the Bidder gives any customer for such parts, supplies and services and that the rights and remedies provided therein are in addition to and do not limit those available to the County by any other clause of this solicitation, the Contract or applicable state or federal law. Notwithstanding the prior sentence, All work performed by the Contractor shall be guaranteed for a minimum period of one year from the date of final inspection.

When a warranty claim is received from a Homeowner, an inspection will be made by the County to determine the validity of said complaint. If the complaint is valid, the County shall notify the Contractor of the problem in writing. If the Contractor receives the complaint directly from the Homeowner, the Contractor shall immediately notify he County. In all cases, the Contractor is expected to respond to the Homeowner courteously and promptly

(within 10 days).

15. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the Homeowner(s) and the County of York, Virginia, and its officials, officers, employees, and agents from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workers’ compensation laws. The Contractor shall maintain Builder’s Risk insurance on the property for 100% of the contract cost or value of the building and the renovations costs for the duration of the Project. (Note:

Builder’s Risk is REQUIRED for these projects). Following award of the contract, the Contractor shall furnish proof of said insurance prior to commencement of services. See “Exhibit G” for requirements.

As acknowledgement of understanding the insurance requirements, submitted bids should include the insurance carrier’s sign off on Form “D”. If Bidder is selected for contract award, Vendor/Contractor shall have ten (10) days from the date of the County’s request, to provide insurance documentation. Failure to provide the Certificate and forms within this period may be cause for the County to award a contract to the next responsive Bidder, and hold the original Bidder liable for excess costs.

16. WORK SITE DAMAGES / REPLACEMENT OF DAMAGED PROPERTY: The Contractor shall replace or repair any property damaged by Contractor, subcontractor(s), or their employees and/or agents, including but not limited to any damages to finished surfaces, existing structures, fences, trees, plants, grass, walks, drives, and building surfaces, without limitation. Contractor shall restore to its original condition any real or personal property, equipment or material whether that of the Homeowner’s, the County or belonging to a private party, that is damaged as a result of work associated with this Project. All such repairs and/or replacements shall be to the Homeowner’s and County’s satisfaction, at no cost to the Homeowner or County, and at the Contractor’s sole expense.

17. SUPERVISION: The Contractor shall supervise and direct the Work, and shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall employ and maintain on the Project a qualified supervisor who shall have been designated in writing by the Contractor as the Contractor’s representative at the site. The supervisor shall have full authority to act on behalf of the

Contractor and all communications given to the supervisor shall be the same as if mailed to the business address of the Contractor. The supervisor or a designated representative shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. The Contractor shall notify the County in writing prior to any change of supervisor, and receive the County’s approval for the replacement.

18. PROJECT COORDINATION: The Contractor shall coordinate all activities with the Owner and shall obtain the Owner’s approval as to schedule and performance of the Work.

19. EMERGENCIES: In emergencies affecting the safety of persons, or the Work, or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Owner, shall act to prevent threatened damage, injury or loss. The Contractor shall give the Owner prompt Written Notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. Any compensation, claimed by the Contractor on account of emergency work, shall be determined by agreement between the Owner and the

Contractor, and a Change Order shall be issued to document the changes.

20. COVID-19: Contractors and subcontractors are required to notify Central Purchasing if one or more of their employees test positive for Covid-19 and has been at the worksite within 14 days of the positive test.

21. MISCLASSIFICATION OF WORKERS PROHIBITED: The Contractor and its subcontractors shall appropriately classify all workers as employees or independent contractors, pursuant to law, and guarantee and hold harmless the County from any liability arising from Contractor’s failure to do so.

22. STATE AND/OR FEDERALLY FUNDED PROJECTS:

Funding for this project is provided in whole or in part with Federal and/or State funds. When such funding is utilized, the following provisions shall apply, as applicable. [The County is required to publish the following in the bid solicitation document. Note that some provisions may not be applicable due to the dollar value of the resulting contract].

a. If this Purchase Order (Contract) is more than $150,000 and the Vendor (Contractor) violates or breaches contract terms, the County shall, if not otherwise specified in contract documents, issue a cure letter to the

Vendor (Contractor) identifying the breach and specifying a deadline by which the Vendor (Contractor) is to cure the breach. Failure of the Vendor (Contractor) to cure the breach by the specified time may result in the County’s determination that the Contract is in default. The County may thereafter make a claim against the Vendor’s (Contractor’s) bond, if any, or withhold funds from payments due to the Vendor (Contractor) or from escrow or retainage amounts held. The County reserves the right to take legal action for any Vendor

(Contractor) breach or default.

b. Termination procedures shall be as specified in Section D, paragraphs 16 and 17 of the County's Terms and

Conditions.

c. Except as otherwise provided under 41 CFR Part 60, if this Purchase Order (Contract) meets the definition of “federally assisted construction contract,” it includes by reference the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30

FR 12319, 12935, 3 CFR Part 1964-1965 Comp., p.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment

Opportunity, Department of Labor.”

d. When required by Federal program legislation, if this Purchase Order (Contract) is a prime construction contract in excess of $2,000 awarded by non-Federal entities, the Vendor (Contractor) shall comply with the Davis-Bacon Act as supplemented by Department of Labor regulations. [Note: Under the Housing

Rehabilitation program, Davis Bacon Act shall NOT apply to this solicitation or its resulting contract].

e. Where applicable, if this Purchase Order (Contract) is in excess of $100,000 and involves the employment of mechanics or laborers, the Vendor (Contractor) shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations.

f. If the Federal award meets the definition of “funding agreement” under 37 CFR 401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement”, the recipient or sub-recipient must comply with the requirements of 37

CFR Part 401 , “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under

Government Grants, Contracts and Cooperative Agreements,” and by any implementing regulations issued by the awarding agency.

g. If this Purchase Order (Contract) is in excess of $150,000, the Vendor (Contractor) shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water

Pollution Control Act as amended.

h. This Purchase Order (Contract) includes by reference all mandatory standards issued in compliance with the

Energy Purchase Policy and Conservation Act.

i. The Vendor (Contractor) shall notify the Central Purchasing Office if it is listed on the government-wide

Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines.

j. The Vendor (Contractor) shall comply with the Byrd Anti-Lobbying Amendment (31.US.C.1352)

Contractors that apply or bid for an award of $100,000 or more must file the required certification.

23. LEAD SAFE WORK PRACTICES

All Contractors and workers awarded Rehab Contracts in the CDBG or IPR Rehab Program must be trained in lead safe work practices. As it relates to the RRP rule as noted by EPA – pursuant to 40 CFR part 745.89 and

(TSCA) Section 402.

24. A. CONTRACTOR SCREENING

Bidders/Contractors will be screened prior to participation in the rehabilitation program by completing the

Statement of Contractor’s Qualification registration form. A list of qualified Contractors will be maintained by

York County Housing and Neighborhood Revitalization. One of the conditions for continued participation is the maintenance of a good credit record. If judgments are executed or liens are filed against the Contractor, for any reason whatsoever, the Contractor shall immediately notify the County.

25. MASTER SPECIFICATIONS

A copy of the Master Specifications is included in this solicitation as an Exhibit. The Contractor is responsible to act in accordance with the Master Specifications. No oral revisions of the Master Specifications will be made. As modifications are made, the Contractors will be updated with new copies.

Only materials conforming to the requirements of the Master Specifications will be used in the performance of the work. Whenever it appears that the materials furnished and the work performed by the Contractor fail to fulfill the requirements of the contract, the County shall call any such failure to the attention of the Contractor. The

Contractor shall then correct said deficiency at his/her own expense. Such an inspection shall not relieve the

Contractor of any obligation to perform all of the work strictly in accordance with the requirements of the Master

Specifications and the Work Write-Up.

26. SCOPE

The scope of the work shall include all labor, materials, equipment, permits, drawings, and any services necessary for the proper completion of the rehabilitation of the property identified in the “Work Write-Up”.

27. WORK WRITE-UP

The Work Write-Up constitutes the basis for each job. Items in the Write-Up are cross-referenced to the Master

Specifications, which details the methods of application and standards for materials. Unless otherwise clearly stated in the Work Write-Up, the Master Specifications shall be followed without variation. No changes in the scope of a Work Write-Up will be considered valid without an Authorized Change Order

28. DRAWINGS

The drawings of floor plans are diagrammatic only. They serve to illustrate the general location of rooms and the intention of the scope of work. They do not always show all of the work required; exact dimensions, or construction details.

29. MATERIALS

Materials shall be new, in good condition, and of standard grade unless otherwise agreed to in writing before their delivery to the job. Materials shall be stored so as to insure the preservation of their quality and fitness for the work. Lawns or the structure shall not be used for storage purposes without the permission of the County. Storage of materials and equipment will be permitted only for the duration of the contract and removed prior to job closing.

30. TRADE NAMES

Trade names are used in the specifications to establish quality and type of materials required; if an exact material to be used on a specific property is specified in the Work Write-Up, those instructions will take precedence over these Master Specifications. Reference Section B, paragraph 2.n. of this solicitation document.

31. PRE-CONSTRUCTION CONFERENCE

Prior to the start of work, the County will schedule a pre-construction conference with the Homeowner and the

Contractor. At this conference, the starting date for work will be firmly established, the sequence of work will be reviewed and any special situations will be clarified.

In addition, the following items will be discussed:

The inspection process.

Homeowner and Contractor responsibilities.

Payment schedule and Contractor documents.

Compliant procedures.

Work schedule.

32. CONTRACT

The contract for rehabilitation work is a three-party contract between the Contractor, Homeowner and County.

The Contract includes the responsibilities of each party and incorporates the Work Write-Up as a part thereof. The contract also includes supplementary terms and conditions for the Contractor as required by Federal and State regulations with respect to discrimination, civil rights, employment, business opportunities and the use of lead base paint. The solicitation document including all of its Exhibits are incorporated into the contract.

33. CONSTRUCTION PHASE

The Contractor will be expected to carry out the work activities in accordance with the schedule established at the pre-construction conference. All work will be conducted in a manner to minimize inconvenience to the

Homeowner.

The Contractor is expected to secure all necessary permits (zoning, building, plumbing, heating or electrical) and licenses before the start of work. Failure to do so will be grounds for the County to delay the start of work. Unless the delay was beyond the Contractor’s control, there will be no time extension given for contract completion.

34. BUILDING CODES AND PERMITS

All work to be done shall be subject to the regulations as set forth in the current Virginia Statewide Building Code as enforced by the State, City, County, or Town. A building permit shall be obtained by the Contractor prior to starting any work on the job; this includes demolition. The Contractor is responsible for any drawings, site plans, zoning clearances or fees required to obtain a permit. No payment shall be made to the Contractor on any job until the Contractor has provided the County with a copy of the building permit. Final payment on any job will not be made until the Contractor provides the County with a Certificate of Occupancy issued by the Building Official of the County in which the work is being performed.

35. WORKMANSHIP

All work shall be done in a “workmanlike manner”. (No Exceptions)

36. SUBCONTRACTORS

As it applies to their work, subcontractors shall be bound by the terms and conditions of this contract. However, this shall not relieve the General Contractor from full responsibility to the Homeowner and County for the proper completion of all work to be executed under this agreement, and the Contractor shall not be released from this responsibility by any contractual agreement he/she may make with others.

37. REPAIRS

Repairs shall be made to all surfaces damaged by the Contractor resulting from his/her work under this contract at no additional cost to the Homeowner or County. Where “repair” of an existing item is called for in the Work

Write-Up, the item or feature (wall, floor, door, etc.) is to be placed in “Equal to New Condition” either by patching or replacing.

38. REPLACE

Replace shall mean to remove an existing item or portion of a system, and to construct or install a new item of similar or improved quality as the existing item when new. Replacement will ordinarily take place where the item is incapable of being repaired or where the repair would be costlier. Finished work shall match the adjacent work in design and dimension. Such patching or replacement shall be made to blend with existing work so that the replacement is inconspicuous to include painting, staining, and other finishing methods.

39. ADJACENT PROPERTY

When adjacent property is affected or endangered by any work done, it shall be the responsibility of the Contractor to take whatever steps are necessary for the protection of the adjacent property and to notify the County thereof of such hazards.

40. DEMOLITION

The dwelling shall be inspected prior to demolition to disconnect the utility, water, and sewer connections.

Demolition of all parts to be removed shall be done in a safe and orderly fashion. Care should be taken to avoid damage to parts, which are to be left in place. As it is generated, all debris shall be removed from the premises and shall not be allowed to accumulate.

Removal of the existing structure must be disposed of in accordance with the County Ordinance and Building

Code.

41. CLEAN-UP

Removal and clean up from the site of all debris and waste materials resulting from the work shall be the responsibility of the Contractor who, upon completion of his/her work, will leave the premises in broom-clean condition.

42. INSPECTION OF THE WORK

Inspection of the work during normal working hours by authorized inspectors of representatives of York County and the VIRGINIA DEPARTMENT OF HOUSING and COMMUNITY DEVELOPMENT shall be facilitated by the Contractor, and York County.

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