v: 09-17-2025

INVITATION FOR BIDS

IFB No. B106250-EY

Issue Date: April 14, 2026

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

Title/Project:

Freight Shed Pavilion Addition & Riverwalk Stage

Pre-Bid Meeting Date: April 23, 2026 Time: 10:00 AM Location: Freight Shed, 331 Water Street, Yorktown, VA 23690

Attendance is Mandatory

Bids Due: May 14, 2026 through 2:30 PM

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. Only paper responses submitted directly to Central Purchasing, or emailed responses sent to bid@yorkcounty.gov, will be considered. Do not email your response to the Contract Officer.

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 TEAMS.

Questions: Questions or comments related to this solicitation shall be directed to the Contract Officer not later than 1:00 p.m. on April 29, 2026. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted.

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

The County of York, Virginia (the “County”) is seeking bids from qualified firms (the “Bidder”, “Vendor” or “Contractor”) to furnish the goods and/or services described herein, for submittal to the County as specified above. 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.

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

Table of Contents

REQUIREMENTS

Section A – Specifications/Scope of Work Section B – Bid Process Section C – Contract Specific Terms and Conditions

Supplement 101 – Definition of Terms Supplement 102 – Additional Instructions to Bidders Supplement 103 – [Supplement is not applicable in this Section] Supplement 104 – [Supplement is not applicable in this Section] Supplement 105 – Control of Work Supplement 106 – Control of Material Supplement 107 – Legal Relations and Responsibilities to the Public Supplement 108 – Prosecution and Progress of Work Supplement 109 – Measurement and Payment Supplement 110 – Special Provisions

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:

Exhibit A: Contractor’s Bid Exhibit B: Certification of Compliance with Immigration Laws and Regulations Exhibit C: Insurance Requirements Exhibit D: Performance and Payment Bonds Exhibit E: Plans and Specifications (Incorporated by reference)

SUBMITTAL DOCUMENTS

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

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

APPENDIX

Appendix I: Mailing Label

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

PLANS AND SPECIFICATIONS (PUBLISHED SEPARATELY TO eVA)

PHASE I PLAN SET

PHASE II PLAN SET

ELECTRICAL PLAN SET

GEOTECHNICAL REPORT

PHANTOM SCREENS SPEC SHEET

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

REQUIREMENTS

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

SECTION A

SCOPE OF WORK/ SPECIFICATIONS

1. PURPOSE: The County of York, Virginia (Owner) is seeking the services of a professional contractor to furnish/provide a pavilion behind the freight shed and an adjacent stage located on the waterfront in Yorktown, VA.

2. SCOPE OF WORK/SPECIFICATIONS:

Phase I:

The Work under Phase I of this Project shall include, but not be limited to, the following:

Demolition and removal of approximately 2,000 SF of existing brick walkway and necessary site preparation to accommodate the new concrete and utility tie-ins;

Installation of an approximately 180 LF continuous concrete footer to support a 40’ x 50’ permanent steel pavilion structure made with beams and posts;

Construction of pavilion;

Electrical work including, but not limited to, providing new service from the existing main panel, with multiple GFCI outlets, dedicated circuits for motorized screens, and provisions for future lighting;

Installation of motorized retractable screen systems between each structural column, integrated with the structure’s electrical system and operated by wall-mounted and remote controls;

Grading, compaction, and restoration of all disturbed areas;

Installation of new hardscape and walkways to match existing surfaces, proper drainage tie-ins, and landscape restoration.

Phase II:

The Work under Phase II of this Project shall include, but not be limited to, the following:

Installation of a 28' x 41' steel awning attached to the Freight Shed Auxiliary Building. This awning will tie directly into the existing stage and connect to the adjacent building;

Reconfiguration of the stage from its current curved layout to a straight design that maintains the stepped brick pattern currently on site;

Extending electrical service from an existing main panel, adding multiple GFCI outlets, providing dedicated circuits for the motorized screens, and incorporating provisions for future lighting and sound equipment;

Installation of motorized retractable screen systems between each structural column, integrated with the structure’s electrical system and operated by wall-mounted and remote controls;

Removal of half the existing roof of the Freight Shed Auxiliary Building and installation of new dormers so the appearance matches the other half of the building;

Grading, compaction, and restoration of all disturbed areas;

Installation of new hardscape and walkways to match existing surfaces, proper drainage tie-ins, and landscape restoration.

The work under Phase I and Phase II of this project occurs in several high-profile areas with significant pedestrian and vehicular traffic. Vehicular traffic control measures are identified throughout the construction plans. Regarding pedestrian traffic, the owner will provide signage clearly identifying alternative access routes prior to the confines of construction. The contractor will remain responsible for all required construction-related signage, barricades, fencing, and safety measures throughout the project.

3. PERMITS: The County will obtain all necessary permits and agency approvals. The Contractor shall adhere to all Federal, State and Local regulations. The Contractor shall provide all labor, materials and supplies required and necessary for the proper completion of the work whether each necessary item is mentioned herein or not. The Contractor shall provide all services for the work and the removal of rubble and debris to an appropriate disposal area.

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

4. SUPERVISION: The Contractor shall supervise and direct the work, and shall be solely responsible for the means, methods, techniques, sequences and procedures of the work. The Contractor shall employ and maintain throughout the Project a qualified supervisor and he or she shall have been designated in writing by the Contractor as the Contractor’s representative for 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 given to 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.

5. INTENT: The intent of the Agreement is to provide for completion of the Work specified herein. 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.

If, during the performance of the Work, the Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall so report to the Owner in writing at once and before proceeding with the Work affected thereby, except in the case of emergency or public safety, shall obtain a written interpretation or clarification from the Owner however, the Contractor shall not be liable to the Owner for failure to report any conflict, error or discrepancy in the Contract Documents unless the Contractor has actual knowledge thereof or should reasonably have known thereof.

The Contract Documents may be amended to provide for modifications in the Work by a Change or Field Order pursuant to Section C, Supplement #109, Subsection II.

6. PRE-BID MEETING/SITE VISIT: The Contractor shall visit the site of the proposed Work and make such explorations as the Contractor determines to be necessary at the time of the mandatory Pre-Bid Meeting.

7. SITE SECURITY: The Contractor shall be responsible for the security and safety of all project facilities including, but not limited to, all equipment, materials, site structures, and construction thereon. All security measures deemed necessary by the Contractor to comply with this requirement shall be at the Contractor’s expense at no additional cost to the Owner.

The Contractor shall be responsible for all site security until final acceptance of the Work by the Owner.

8. CLEAN-UP, DISPOSAL AND RESTORATION: The Contractor shall maintain the site of the project in an orderly and clean condition and shall at its expense, remove and legally dispose of accumulations of rubbish or refuse materials.

The Contractor shall confine all equipment, the storage of materials and equipment, and the operations of workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.

The Contractor shall not load nor permit any part of any structure to be loaded with weights, stresses or pressures that will endanger the structure.

Upon completion and before final acceptance of the Work performed under the Agreement, the Contractor shall remove and legally dispose of all rubbish, surplus or discarded materials, false work, forms, temporary structures, field offices, signs, temporary erosion and siltation control measures, and equipment and machinery, and shall leave the site and ground occupied in connection with the performance of the Work in the conditions existing before the Work was started, to the satisfaction of the Owner.

9. LIQUIDATED DAMAGES / PROJECT SCHEDULE: See Section C.12 of IFB No. B106250-EY.

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

End of Section A

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

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 757-890-3882 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.

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.

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

5. Alternatively, bids may be submitted electronically to bid@yorkcounty.gov, using the Bid Number as the “Subject Line”. File size is restricted to 25MB. A “paper” copy is not required.

Do not email your response directly to the Contract Officer. The County shall not be responsible for misrouted email (ie: mail delivered as SPAM; sent to an alternative email account; undeliverable due to file size; etc.).

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]. It is the responsibility of the Bidder to see that his bid is received by Central Purchasing staff by the specified time and date. Date of postmark will not be considered. If no timely bids are received by the specified date/time, the County’s Purchasing Agent may, at its sole discretion, consider a late submittal.

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 (where applicable), 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).

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

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 Owner. 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 Owner.

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 Owner. The Owner 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 Owner any such information as the Owner 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 Owner or by the Owner’s Architect/Engineer in reviewing the suitability of the substitute item shall be borne by the Contractor. At i t s sole di scret ion, the Owner 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, nor are they an agent of any person or entity that is now so debarred. 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.

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

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 TEAMS. During the fifteen minute period between the bid submittal deadline and the public reading of bids, Purchasing staff performs the clerical activity of opening and printing electronically submitted bids. Due to logistics, the activity is not streamed on TEAMS. However the public may observe it in-person in the Purchasing office.

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. RIGHT TO CANCEL: The County reserves the right to cancel this solicitation in its entirety at any time, to reject any and all proposals, and to refrain from making an award if it is determined to be in the best interest of the County. In the event of such cancellation, rejection, or decision not to award, Bidders shall have no claim or entitlement to any costs, reimbursements, or compensation of any kind arising from or related to this solicitation. Submission of a proposal confers no right to an award or to any expectation thereof.

6. EVALUATION OF BIDS: In evaluating Bids, the County shall consider the qualifications and experience of the Bidders, whether or not the Bids comply with the prescribed requirements, unit and lump sum prices, and additive/alternate bid items if requested in the Bid Form.

The County may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work for which the identity of Subcontractors and other persons and organizations shall be submitted as specified in the Bid Documents.

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Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

The County may conduct such investigations as deemed necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Bid Documents to the County’s satisfaction within the prescribed time.

The Bids of any Bidder or Bidders who engage in collusive bidding shall be rejected. Any Bidder who submits more than one Bid in such a manner as to make it appear that the Bids submitted are on a competitive basis from different parties shall be considered a collusive Bidder. The provisions contained in § 2.2-4367 through § 2.2-4377, Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by the County. By submitting their Bids, all Bidders certify that their Bids are made without collusion or fraud, and that they have not offered or received any kickbacks or inducements from any other Bidder, Supplier, manufacturer or subcontractor in connection with their Bid, and they have not conferred with 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.

7. 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 will be made to the lowest responsive and responsible Bidder and shall be based on the TOTAL LUMP

SUM BID.

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 24-20, Section 2.1-6-3.

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 and responsible Bidder, and hold the original Contractor liable for excess costs.

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

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.

8. INSPECTION OF RECORDS

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.

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

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 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.

In order to qualify for the work of this project, Contractor’s primary business shall be construction and Contractor must have been in this business for a minimum of four (4) full years. Contractor shall have a current Virginia Class A Contractors License. Contractor must have successfully performed a minimum of two (2) projects of similar scope and scale to this project within the past four (4) years.

To demonstrate their qualification to perform the Work, each Bidder shall be prepared to submit further written satisfactory evidence that the Bidder has sufficient experience, necessary capital, materials, machinery and skilled workers to complete the Work. If financial statements are required they shall be of such date as the Owner shall determine and shall be prepared on forms acceptable to the Owner. The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the Work. The Owner's decision or judgment on these matters shall be final, conclusive and binding.

Bidders shall list on the Questionnaire (Form G, #5) the Subcontractors who will be performing work on the Agreement, and this shall be included in the bid package. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of experience and qualification for each such Subcontractor, person and organization.

If the Owner, after due investigation, has reasonable objection to any proposed subcontractor, other person or organization, the Owner may request the apparent low Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. For any subcontractors, other person or organization so listed and to whom Owner does not make written objection prior to the giving of the Notice of Award, it will be deemed the Owner has no objection.

4. METHOD OF AWARD: A single award will be made to the lowest responsive and responsible Bidder, and shall be based on the TOTAL LUMP SUM BID.

5. BONDING REQUIREMENTS:

a. Bid Bond: Each bid shall be accompanied by a Bidder’s bond issued by a company authorized and licensed to transact business as surety in the Commonwealth of Virginia, a certified check, or cash escrow, in an amount equal to not less than five (5) percent of the total amount of the bid, made payable to Treasurer, County of York, Virginia. Upon approval of the Owner’s attorney, in accordance with Section 2.2-4338, Code of Virginia, 1950, as amended, a Bidder may furnish a personal bond, property bond, or bank or savings and loan association’s letter of credit on certain designated funds for the amount required for the Bid Security. The Bid Security shall be accompanied by a certified copy of the power of attorney for the surety attorney-in-fact.

Said bid security shall be left with the Owner, subject to the conditions specified herein, as a guarantee of good faith on the part of the Bidder 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.

Upon request, the Bid Security shall be returned bidders within five (5) days after the execution of an

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

Agreement and Performance and Payment Bonds and Certificates of Insurance have been approved by the County.

b. Performance and Labor and Material Payment Bonds: The Successful Bidder shall execute and provide to the Owner, following Notice of Award, Performance and Payment Bonds with surety in an amount equal to 100% of the accepted Bid. The sureties of all Bonds shall be of such surety company or companies as are approved by the Owner and are authorized to transact business in the Commonwealth of Virginia. If the execution is by an attorney-in-fact, a power of attorney evidencing the authority of such attorney shall be attached to the Bond. Such power of attorney shall bear the same date as the Bond to which it is attached.

All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws and Regulations and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U. S. Treasury Department and licensed to do business in Virginia.

The Contractor shall notify his Surety of any change affecting the general scope of the Work or change in the Contract Price and/or Contract Time and the amount of the applicable Bonds shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the Owner.

Performance and Payment Bonds shall remain in full force during the warranty period defined in Section C, Supplement #107-VI.

6. CONTRACT/AGREEMENT: Award shall be made by issuance of a contract executed between the Bidder 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.

7. CONTRACT MODIFICATIONS: Any modifications made to the Contract must be approved by the Central Purchasing office in advance.

8. LUMP SUM CONTRACT: It is agreed and understood that the Contract is awarded as a Lump Sum, and that the

Contract scope is inclusive of all materials, labor and equipment necessary to complete the Work in accordance with the Contract documents. Prior to submitting a bid, the Bidder shall field verify the actual linear footage of the project and shall make its own determination as to the quantity of material, labor and equipment needed.

9. SCHEDULE OF VALUES: Within fourteen (14) Days after the Effective Date of the Agreement, the Contractor shall submit a schedule of values for all of the Work which shall include quantities and prices of items aggregating the Contract Price and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices shall include an appropriate amount of overhead and profit applicable to each item of Work.

10. CHANGES IN THE WORK: The Owner may at any time, as the need arises, order changes within the scope of the

Work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment must be authorized by an approved Change Order. 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 County Administrator/Purchasing Agent and the Contractor and processed through County Central Purchasing. Any extra work done without such written authority shall be considered unauthorized work done at the expense of the Contractor.

A. The Contract Price and Contract Time may be changed only by a Change Order, approved by the Owner prior to the performance of the Work by the Contractor or granted by the Owner upon written Notice by Contractor. The value of any Work covered by a Change Order or of any claim for increase or decrease in the Contract Price or Contract Time shall be based on the Schedule of Values. Except for actual authorized changes in the scope of work, unit pricing included on the Schedule of Values shall not be used to make adjustments to the Lump Sum Contract amount.

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

B. It is the Contractor's responsibility to notify his Surety of any change affecting the general scope of the Work or change in the Contract Price and/or Contract Time so that the amount of the applicable Bonds shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the Owner.

C. Whenever changes, alterations, additions, omissions, or revisions are called for by the Owner for which the necessary Drawings and details have been completed and submitted to the Contractor, or when changes, alterations, additions or omissions are clearly given in writing to the Contractor, the Contractor is to submit an itemized statement of quantities and prices incidental to such revisions, changes, additions and omissions.

D. The Owner may at any time order minor changes within the scope of Work by issuing a Field Order. The

Contractor shall proceed with the performance of any changes in the Work so ordered by the Owner unless the Contractor believes that such Field Order entitles the Contractor to a change in Contract Price or Time or both, in which event the Contractor shall give the Owner Notice thereof The Contractor shall not execute such changes pending the receipt of approval from the Owner.

E. If any item in the Agreement is determined to be unnecessary for the proper completion of the Work contracted, the Owner may, upon written Notice to the Contractor, eliminate such item from the Agreement. Payment will not be made for such item except that the Contractor shall be compensated for the actual cost of any Work performed for the installation of such item and the net cost of materials purchased, including freight and tax costs, as evidenced by invoice. No additional compensation will be made for overhead or anticipated profit.

F. The Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time due to any condition or alleged condition if:

1. The Contractor knew of the existence of such conditions at the time the Contractor made a final commitment to the Owner in respect of Contract Price and Contract Time by the submission of a Bid; or

2. The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Contract Documents to be conducted by or for the Contractor prior to the Contractor making such final commitment.

11. DELIVERY OF GOODS/SERVICES: Bidder acknowledges that time is of the essence. Requirements include but are not limited to those specified in Section A of this Invitation For Bids.

12. LIQUIDATED DAMAGES / PROJECT SCHEDULE:

A. Liquidated Damages: TIME IS OF THE ESSENCE ON THIS CONTRACT. Because time is of the essence and because the consequences of untimely completion of the Work cannot be quantified as of the date of this Agreement, the parties agree that the Contractor and the Contractor’s surety, if any, shall be liable for and shall pay the County the sums hereinafter stipulated as liquidated damages, and not as a penalty, for each calendar day of delay past the Final Completion dates specified below until the Work is completed:

Phase I (Freight Shed Pavilion):

Construction Begin Date: December 21, 2026 Final Completion Date: March 3, 2027 Liquidated Damages: $500 per calendar day after time for Final Completion has expired.

Phase II (Riverwalk Stage):

Construction Begin Date: December 21, 2026 Final Completion Date: April 9, 2027 Liquidated Damages: $500 per calendar day after time for Final Completion has expired.

Freight Shed Pavilion Addition & Riverwalk Stage IFB No. B106250-EY

B. Upon execution of contract, Notices to Proceed (NTP) for Phase I and Phase II shall be issued concurrently.

Upon receipt of the Notices to Proceed, the contractor shall purchase and obtain all materials required to construct Phase I and Phase II of this project. The County will pay invoices for materials purchased, as stated in Section C, Supplement 109, Item 1.6.

C. Notice to Proceed (NTP) for Phase I shall allow for the concrete footings to be poured; the concrete pad to be poured; electrical trenches to be excavated with conduit being installed; bricks to be set; and underground work to be performed during the Designated Preconstruction Time Windows below. The existing conditions must be restored by the last day listed in each respective window below during which any work was performed. The successful bidder shall be required to be on-site to perform the preconstruction work, as listed above, for at least three (3) of the four (4) Designated Preconstruction Time Windows below. The Contractor shall indicate in Section 2 of the Bid Form which of the Designated Preconstruction Time Windows they shall be on-site. The preconstruction work, as listed above, shall be performed prior to the Phase I Construction Begin Date listed in Section C.12.A, with the remaining construction for Phase I and the entirety of the construction for Phase II commencing on the Construction Begin Dates.

Designated Preconstruction Time Windows:

o July 14, 2026—July 23, 2026 o August 12, 2026—August 20, 2026 o September 1, 2026—September 10, 2026 o November 10, 2026—November 19, 2026

*Areas disturbed during any one of the Designated Preconstruction Time Windows must, at the end of each period, be restored to their existing conditions and be left in a manner that will be safe and aesthetically acceptable to the public.

D. The remaining construction for Phase I and the entirety of the construction for Phase II shall be performed simultaneously and are not intended to be completed in a sequential, back-to-back manner, unless otherwise directed by the Contracting Officer.

E. The work under this Contract shall reach Final Completion by the respective dates listed above for Phase I and Phase II, unless the Contract Time is adjusted by an approved Change Order in accordance with Section C.10 of IFB No. B106250-EY.

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…