SOLICITATION DOCUMENT.pdf

v: 02-28-23

INVITATION FOR BIDS

IFB No. B6542-EY

Issue Date: April 14, 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 Economic Development Authority of York County, Virginia (“EDA” or “Owner”), will receive sealed bids for the below described goods/services, subject to the conditions and instructions specified herein. References herein to “the County” are to the County of York, Virginia.

Title/Project:

Water Street Restaurant Renovations

Pre-Bid Meeting Date: April 26, 2023 Time: 10:00 AM Location: At the Project Site: Riverwalk Restaurant, 323 Water Street, Yorktown, Virginia 23690.

Meeting is Non-mandatory.

Bids Due: May 30, 2023 through 2:30 PM

Method of Bid Submittal

Submittal requirements shall be as specified in Section B.2. 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 staff office as specified in Section B.4. The bid opening may be observed in person or via ZOOM.

https://us06web.zoom.us/j/81117334672

Questions: Questions or comments related to this solicitation should be directed to the Contract Officer not later than 2:30 p.m. on May 12, 2023. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted.

Contract Officer: Evan Young, Buyer I evan.young@yorkcounty.gov

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 through the B2B Connect tab on the eVA solicitation webpage.

Water Street Restaurant Renovations IFB B6542-EY

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 Section 101 – Definition of Terms Section 102 – Instructions to Bidders Section 103 – Award and Execution of Agreement Section 104 – Scope of Work Section 105 – Control of Work Section 106 – Control of Material Section 107 – Legal Relations and Responsibility to the Public Section 108 – Prosecution and Progress of Work Section 109 – Measurement and Payment

EXHIBITS

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

Exhibit A - Sample Contract (Note: Exhibits within the Sample Contract may be referenced in other sections of the IFB)

Exhibits within the Contract shall include:

A. Bidder’s Bid B. Certification of Compliance with Immigration Laws and Regulations C. Insurance Requirements D. Escrow Agreement E. Performance and Payment Bonds

Exhibit B - Certification of Compliance with Immigration Laws and Regulations Exhibit C - Insurance Exhibit D - Escrow Agreement Exhibit E - Performance and Payment Bonds

SUBMITTAL DOCUMENTS

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

Form B: SWAM Information Form C: Bid Bond Form D: References Form E: Proprietary Information Form F: Insurance Carrier Acknowledgement Form G: Additional Submittal Information/Questionnaire

ATTACHMENTS

Water Street Restaurant Renovations IFB B6542-EY

(Attachments are posted on eVA)

Attachment A - Project Drawing Plan Set (Separate Documents) Attachment B - Project Manual-Technical Specifications, Volume 1 (Separate Documents) Attachment C - Project Manual-Technical Specifications, Volume 2 (Separate Documents)

Water Street Restaurant Renovations IFB: B6542-EY

REQUIREMENTS

SECTION A

SPECIFICATIONS/SCOPE OF WORK

1. PROJECT OVERVIEW:

The York County Economic Development Authority (EDA) (Owner) is seeking the services of a professional contractor to perform Construction Services as specified in this Invitation for Bids and all other related Contract Documents. In general, the Work for this Project shall include, but is not limited to, the following scope of work, as described in the Drawings and other Contract Documents:

Renovation of two existing restaurants into a single restaurant as shown in the Contract Documents, including without limitation provision of all materials and labor necessary to complete the Work, demolition, removal and storage of equipment, exterior entrances, porches, masonry, siding, windows, roofing, railings, extensive interior renovations, plumbing, electrical, mechanical, fire protection, restrooms, kitchens, bars, interior finishes, painting and other Work indicated in the Contract Documents. Provide all other associated work specified for this Project in the Contract Documents.

The Contractor shall furnish all materials, labor, tools, equipment, protection, testing and inspections, construction site protection, construction waste management, and project supervision services, to complete the Project in accordance with this Invitation for Bids document, all referenced contract drawings and specifications, including all other subsequent issued addenda and related documents.

The Owner recognizes the challenges presented by the current supply chain and labor issues. To help address challenges associated with certain long lead-time items, select items have been procured in advance by the EDA and Marconn Enterprises, Inc. Items and Products noted here and specified as “Owner-furnished / Contractor-installed” shall be provided by the Owner to the Contractor to install. The Owner’s intent is to coordinate with the Contractor to have these items delivered to the site as coordinated with the Contractor’s construction schedule. The contractor shall give the owner at least 30 days written notice of desired delivery dates for owner provided furnished materials or equipment. It will be the responsibility of the Contractor to facilitate installation of the same in accordance with the technical documents. The Contractor will be responsible for ensuring system functionality for all systems associated with the Project, including equipment purchased in advance by the EDA and Marconn Enterprises, Inc. A more detailed summary of the Owner-furnished/Contractor-installed (OFCI) products and associated requirements are included in Specification Section 011000 Summary subsection 1.6 Owner-Furnished/Contractor-Installed (OFCI) Products. Directly below is a summary:

Owner-furnished/Contractor Installed (OFCI) Products:

The Contractor shall, as a part of the Contract, install the following Owner-purchased equipment:

o Emergency Generator and associated automatic transfer switch (ATS) o Rooftop HVAC Units #’s 1, 2, 3, & 4.

o All new Kitchen Equipment

The Contractor is expected to submit a Project Schedule in accordance with Section 108.5.1 and a Submittal Schedule in accordance with Section 105.4.1 and then diligently execute the work in accordance with the schedules. It is the responsibility of the Contractor to obtain submittal approval and purchase all critical path materials and equipment in a timely fashion. Owner will pay for required materials not incorporated into the Work, but delivered and stored in accordance with Section 109.1.6.

The project site is owned by the County and leased to the York County EDA and is subleased to Marconn Enterprises, Inc., the operator of both restaurants, and is located at 323 Water Street, Yorktown, Virginia 23690.

Marconn Enterprises, Inc., shall be a third-party beneficiary of the Contract entered into as a result of this Invitation for Bids. The work is described in the three documents prepared by Enteros Design, P.C.: Architect, and its subconsultants, identified in those documents as Project Number 211005, all of which are posted on eVA with this IFB. Owner anticipates that the operation of both restaurants will cease entirely on September 5 th, 2023, but the successful bidder may be required to coordinate some aspects of the Work with the operation of either or both of the restaurants ahead of this date.

The project shall be bid as a Single Prime Lump Sum Contract. The entire project is required to reach Substantial Completion within 240 calendar days from the date of Notice to Proceed for construction, and Final Completion within 270 calendar days from the date of Notice to Proceed for construction.

See all Sections and Attachments for complete Scope requirements.

2. PROJECT SCHEDULE / LIQUIDATED DAMAGES:

Substantial Completion: 240 calendar days from the date of Notice to Proceed for construction.

Liquidated Damages: $250.00 per calendar days after time for Substantial Completion has expired.

Final Completion: 270 calendar days from the date of Notice to Proceed for construction.

Liquidated Damages: An additional $250.00 per calendar days after time for Final Completion has expired.

End of Section A

SECTION B

BID PROCESS

1. EVA REGISTRATION

a. In order to participate in County of York solicitation opportunities, Bidders 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 the Owner’s departments or the Owner’s contractors, 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.

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

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. 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 his bid on either one of the specified brands. Unless the clause “or equal” is used in the specifications or Scope of Work pertaining to the material or article, only the specified items shall be used. In the event, however, that the clause “or equal” is used in the specifications pertaining to the material or article, the proposed use of an alternate article other than that specified must be approved by the Owner. Use of an alternate shall not be permitted unless it has been found to be equal or better by the Owner and at no additional cost.

The burden of proof as to the comparative quality and suitability of alternative equipment, articles or materials shall be upon the Bidder and he shall furnish at his own expense, such information relating thereto as may be required by the Owner. The Owner shall be the sole judge as to the comparative quality and suitability of alternative equipment, articles or materials and his decisions shall be final and unreviewable.

Requests for approval of alternate products 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 alternate commodities to the extent that such action is deemed to serve best the interests of the Owner. If the Bidder does not indicate that the commodity he proposes to furnish is other than specified, it will be construed to mean that the Bidder proposes to furnish the exact commodity described.

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 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.

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 [or as adjusted per Section B.2.b.3, or by addendum]. Fifteen minutes after that time, bids will be opened and announced by Central Purchasing staff in the Finance Building’s second-floor Conference Room. The bid opening may be observed in person or via ZOOM.

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).

To join the webinar, click on the link below:

When: May 30, 2023 02:30 PM Eastern Time (US and Canada) Topic: IFB No. B6542-EY (Water Street Restaurant Renovations)

Please click the link below to join the webinar:

https://us06web.zoom.us/j/81117334672 Or One tap mobile :

US: +13092053325,,81117334672# or +13126266799,,81117334672# Or Telephone:

Dial(for higher quality, dial a number based on your current location):

US: +1 309 205 3325 or +1 312 626 6799 or +1 646 931 3860 or +1 929 205 6099 or +1 301 715 8592 or +1 305 224 1968 or +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 360 209 5623 or +1 386 347 5053 or +1 507 473 4847 or +1 564 217 2000 or +1 669 444 9171 or +1 669 900 6833 or +1 689 278 1000 or +1 719 359 Webinar ID: 811 1733 4672 International numbers available: https://us06web.zoom.us/u/kca3w7D2SF

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 sixty (60) days after the date of opening bids, unless the period for acceptance is otherwise extended at request of Owner and agreed to in writing by the Bidder, or Bidders.

A single award shall be made to the lowest responsive and responsible Bidder, and shall be based on the BASE BID PRICE listed on Form A, Bid Form, Section 10.A.1.a., which shall be a summation of the Unit Prices (Form A, Bid Form, Section 10.C) and Deductive Alternate Prices (Form A, Bid Form, Section 10.D). The BASE BID PRICE amount may be modified by amounts indicated by the Bidder for Unit Prices (Form A, Bid Form, Section 10.C) and Deductive Alternate Prices (Form A, Bid Form, Section 10.D).

When the terms and conditions of multiple bids are so provided for in the invitation to bid, awards may be made to more than one bidder. 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 Owner 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 Bidder, such Bidder shall enter into the Contract by signing the Contract and by furnishing the Bond(s) 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 Bidder and the Owner. 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 Owner.

6. DEBRIEFING

Bid and proposal records shall be open to public inspection only after award of the Contract. Unless the Owner 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 Bidder 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 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. PRE-BID CONFERENCE: A pre-bid conference is scheduled related to this IFB on the date, time and location posted on the cover page. Attendance at the pre-bid conference is non-mandatory; however, Owner strongly encourages attendance.

3. CONTRACTOR QUALIFICATIONS: Firms 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. It shall be understood that a determination that a bidder is not qualified for the project shall rest with the Purchasing Agent, whose decision shall be final.

4. METHOD OF AWARD: A single award shall be made to the lowest responsive and responsible Bidder, and shall be based on the BASE BID PRICE listed on Form A, Bid Form, Section 10.A.1.a., which shall be a summation of the Unit Prices (Form A, Bid Form, Section 10.C) and Deductive Alternate Prices (Form A, Bid Form, Section 10.D).

The BASE BID PRICE amount may be modified by amounts indicated by the Bidder for Unit Prices (Form A, Bid Form, Section 10.C) and Deductive Alternate Prices (Form A, Bid Form, Section 10.D).

5. CONTRACT/AGREEMENT: Following award, a contract will be executed between the Bidder and the Owner.

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. DELIVERY OF GOODS/SERVICES: The time of proposed delivery must be stated in definite terms. If time of delivery for different goods and/or services varies, the Bidder shall so state in the bid.

8. TIME IS OF THE ESSENCE:

Liquidated Damages: TIME IS OF THE ESSENCE ON THIS CONTRACT. Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the work, the Contractor shall pay to the Owner, or have withheld from monies due it, liquidated damages as set forth in Bid Form (FORM A), and various locations throughout the IFB.

Execution of the contract under these specifications shall constitute agreement by the Owner and Contractor that this amount per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs.

Permitting the Contractor to continue and finish the work or any part thereof after the contract time or adjusted contract time, as pertinent, has expired shall in no way operate as a waiver on the part of the Owner or any of its rights under the contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the Owner’s right to collect any additional damages which may be sustained by failure of the Contractor to carry out the terms of the contract, it being the intent of the parties that said liquidated damages be full and complete payment only for failure of the Contractor to complete the work on time.

9. 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 Owner. Such delays may be caused by delays, denials and modifications of the various state or federal permits, proven inability to receive materials or equipment under current supply chain issues, or for other reasons. The contractor is required to process submittals and order materials and equipment as required to complete the project within the contract time. If the contractor can prove that the materials and equipment cannot be obtained to complete the project within the allowed time, then the owner may grant a delay in the project schedule. It is the contractor’s responsibility to make all necessary efforts possible to obtain materials and equipment as needed to meet the project schedule. The Owner 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 Owner. If the Owner delays the project for any reason for a continuous period of ninety (90) days or more, the Owner and Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount.

10. INVOICING: Please refer to Section 109.

11. PAYMENT: Please refer to Section 109.

12. 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.

13. WARRANTY: The Bidder warrants the goods/services furnished to be of the highest quality and be free from defects for a period of one year from the date of delivery or installation and shall carry the standard manufacturer’s warranty.

If installed, the warranty shall include parts, labor and all return delivery costs. Replacements and repairs shall be made by the Contractor at no cost and to the satisfaction of the Owner.

14. INSURANCE: The Vendor / Consultant shall maintain adequate liability insurance, which shall protect and save harmless the County of York, Virginia, and its officials 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. Following award of the contract, the Vendor shall furnish proof of said insurance prior to commencement of services. See “Exhibit C” for requirements.

As acknowledgement of understanding the insurance requirements, submitted bids should include the insurance carrier’s sign off on Form “F”. 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 Vendor/Contractor liable for excess costs.

Please note the Owner’s insurance requirements and what is to be included within the Certificates of Insurance by sending the insurance requirements to your insurance agent or insurance carrier for their approval.

15. 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 Owner in writing prior to any change of supervisor, and receive the Owner’s approval for the replacement.

16. MANDATORY USE OF OWNER’S FORM: All responses to an Invitation for Bids (IFB) must be submitted on and in accordance with the Bid Form. If more space is required to furnish a description of the commodities and/or services offered or delivery terms, the Bidder may attach a letter hereto which will be made a part of the bid. All bids must be submitted in a sealed envelope plainly marked with the IFB number, date and time of the bid opening.

17. TESTING/INSPECTIONS: The Owner reserves the right to conduct any test/inspection it may deem advisable to ensure that the goods and/or services conform to the specifications. Owner may require a demonstration of equipment offered by Bidders.

18. BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than Five Percent (5%) of the bid, which may be a Bid Bond, a Certified Check, or Cashier's Check, made payable to, Treasurer, York County, Virginia. Such Bid Bond or check shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid for a period of sixty (60) days; and, that if his/her bid is accepted, he/she will enter into a formal contract with the Owner, and the required bonds and Insurance Certificate/Endorsement(s) will be given within the allotted time period.

19. 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 Owner’s 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 Owner’s satisfaction, at no cost to the Owner, and at the Contractor’s sole expense.

20. TRADE NAMES AND ALTERNATIVES: Unless qualified by the provision "NO SUBSTITUTE", the use of the name of the manufacturer, brand make or catalog designation in specifying an item does not restrict Bidders to the manufacturer, brand, make or catalog designation identification. This is used simply to indicate the character, quality and/or performance equivalence of the goods and/or services desired. The goods and/or services on which bids are submitted must be of such character, quality and/or performance equivalence that it will serve as specified. In submitting bids on goods and/or services other than as specified, Bidder shall so note on the Exceptions section of the Proposal Form. The burden of proof as to the comparative quality and suitability of alternative equipment, articles or materials shall be upon the Bidder and he shall furnish at his own expense, such information relating thereto as may be required by the Owner. The Owner shall be the sole judge as to the comparative quality and suitability of alternative equipment, articles or materials and his decisions shall be final and unreviewable. Consideration will be given to bids submitted on alternate goods and/or services to the extent that such action is deemed to serve the best interests of the Board. If the Bidder does not indicate the goods and/or services he proposes to furnish is other than specified, it will be construed to mean the Bidder proposes to furnish the exact goods and/or services described.

Requests for approval of alternate products 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 alternate commodities to the extent that such action is deemed to serve best the interests of the Owner.

Substitution of equipment, articles or materials for specified items or approved alternates after bid opening may not be made without the prior written approval of the Owner, and in accordance with the specifications.

21. 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 a County worksite within 14 days of the positive test.

22. 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.

SECTION D

GENERAL TERMS AND CONDITIONS

Rev: 11/13/2020

1. ETHICS IN PUBLIC CONTRACTING: All provisions contained in County of York, Virginia (“County”) Ordinance

23-3 shall be applicable to all contracts solicited or entered into by the County. By submitting its bid, the Bidder certifies that its bid is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or subcontractor in connection with its bid, and that it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

The Bidder certifies that to the best of his knowledge, no employee of the Owner, nor any member thereof, nor any public agency or official impacted by the solicitation or resulting contract has any pecuniary interest in the business of the Bidder, and that no person associated with the Bidder has any interest that would conflict in any manner with the performance of the Contract resulting from this solicitation.

2. PROHIBITED CONTACTS: Direct contact with anyone other than the County of York, Virginia Central Purchasing, including any departments of or consultants to the Owner, 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.

3. BID SUBMITTAL CONSTITUTES AN OFFER: The submittal of a bid by a Bidder is an offer to sell. Each bid is received with the understanding that the acceptance in writing by the Owner of the Bidder to furnish any or all of the goods and/or services described therein, shall constitute a contract between the Bidder and the Owner, which shall bind the Bidder on his part to furnish and deliver the goods and/or services quoted at the prices stated and in accordance with the conditions of the accepted bid; and the Owner on its part to order from such Bidder, except for causes beyond reasonable control; and pay for, at the agreed prices, all goods and/or services specified and delivered. The County’s written acceptance on behalf of the Owner may take the form of a Purchase Order and/or a written Agreement/Contract.

4. AUTHORIZATION TO TRANSACT BUSINESS IN VIRGINIA:

Commonwealth of Virginia

All Bidders 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 Bidder 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 bid a statement describing why the Bidder 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 Owner, 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.

County of York, Virginia

Businesses with whom the Owner does business shall comply with County of York, Virginia Business License requirements. Contact the Commissioner of the Revenue’s office for requirements (757-890-3383).

5. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Bidder certifies that he/she does not and shall not during the performance of the Contract for goods and services in the Commonwealth of Virginia, knowingly employ unauthorized aliens as defined in the Federal Immigration Reform and Control Act of 1986, as amended.

A notarized signature on Exhibit B included in this solicitation is not required to be submitted with your bid/proposal, but shall be required of the Contractor selected for Contract award. However, failure to sign and include the “Certification of Compliance with Immigration Laws and Regulations” section of the Bid/Proposal Form may result in the bid/offer being considered non-responsive.

6. SMALL, WOMEN-OWNED MINORITY AND SERVICE DISABLED VETERAN-OWNED BUSINESS

REQUIREMENTS: The Central Purchasing office of the County of York, Virginia 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.

Larger firms are encouraged 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. Bidders are requested to complete the SMB, WBE, MBE and SDV Business Requirements form contained herein and submit it with the bid.

7. NOTICES AND COMMUNICATIONS: Notices and communications related to the Contract resulting from this Invitation For Bids shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by electronic means (e.g., email, facsimile). All notices related to contract award, modifications, renewals, and terminations will be handled through Central Purchasing. Central Purchasing primarily utilizes email for notices and communications including but not limited to delivery of Purchase Orders, Contract renewals and Contract amendments.

By signing the form included in this solicitation and set out in Section 9 of the Bid Form (Form A) with an original signature, and returning the signed solicitation document with your response in accordance with this solicitation’s submittal requirements, you agree that original signatures transmitted and received via facsimile, email or other electronic transmission of a scanned document (e.g., PDF or similar format) are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature.

Any such electronic transmission shall constitute the final agreement of the parties and conclusive proof of such agreement. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardcopy. The Owner shall determine legibility and acceptability for public record purposes.

An Agreement or other communications resultant from this solicitation may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute the same instrument.

8. ENTIRE AGREEMENT: The contract resulting from this Invitation For Bids 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.

9. SEVERABILITY: If any provision of the Contract resulting from this Invitation For Bids 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.

10. LAWS AND REGULATIONS: The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work.

11. GOVERNING LAW AND VENUE: The Contract shall be governed by the law of the place where the Project is located.

12. 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 Owner.

13. RIGHTS UNDER ANTITRUST LAWS: Upon execution of the Contract, the Contractor assigns to the Owner 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 bid. This provision is remedial in nature and is to be liberally construed by any court in favor of the Owner.

14. ASSIGNMENT OF CONTRACT: The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all Obligations under the Contract.

The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment.

15. DEFAULT: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies.