Active SLED Opportunity · VIRGINIA · CITY OF WINCHESTER
AI Summary
City of Winchester seeks bids for replacement of left turn signals with flashing yellow signals. Project includes all labor, materials, and compliance with federal and state standards. Bids due by August 6, 2026. Contract duration 365 days with liquidated damages for delay.
The purpose of this ITB is to solicit bids from qualified contractors to provide all labor, equipment, parts, supplies, tools, transportation and materials necessary to provide: the replacement of all applicable left turn signals within the City of Winchester with flashing yellow left turn signals
This solicitation and any resulting contract shall be governed by the laws of the Commonwealth of Virginia. Any dispute arising from the performance or non-performance of this Agreement shall be resolved or otherwise litigated in the Circuit Court for the City of Winchester, Virginia or the Fourth Circuit Federal District Court in Harrisonburg, Virginia. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute following the Winchester City Code, Chapter 21-61. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.
Technical specifications for this project are located in Section 19, Attachments
The Owner is the City of Winchester, Virginia, which shall be represented by the Director of Public Services or their designee who shall perform the duties of the Engineer. Telephone: Department of Public Services, (540) 773-1340.
Unless otherwise described in the Contract Documents, the following specifications and standards apply to this work:
In the case of overlap or conflict, this order shall be used to determine the governing specification.
By submitting their (bids/proposals), (bidders/offerors) certify to the City of Winchester that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).
In every contract over $10,000 the provisions in 1. and 2. below apply:
By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), and that they have 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.
Work under the Contract shall not be prosecuted on Sundays, or on legal holidays. Work hours (Monday – Friday) shall be from 7:00 a.m. until 6:00 p.m. If the Contractor wishes to prosecute any portion of the Work outside of the established work hours or on Sundays or legal holidays (actual or observed), he shall first obtain written permission from the Engineer. Such requests shall be submitted at least 48 hours in advance of the period proposed for such overtime work. For the purpose of this Contract, the legal holidays are identified as:
By submitting their (bids/proposals), (bidders/offerors) certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.
The technical specifications for the project are provided within this contract document.
The technical specifications for the project are provided within this contract document. If the specifications for a portion of wok is not provided in this document, the City's Public Services Design Manual or the most recent Road and Bridge Specifications from the Virginia Department of Transportation shall apply.
By submitting their (bids/proposals), (bidders/offerors) certify that they are not currently debarred by the Federal Government, Commonwealth of Virginia, or by any City, Town or County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.
All questions about the discrepancies or ambiguities in the Contract Documents prior to the bid opening shall be submitted in writing via the Portal under the Questions & Answers ("Q&A") tab for this project.
Replies to questions will be issued Via the Portal and emailed to all parties that appear on the Follower's List in the Portal.
Questions received less than ten (10) calendar days prior to the date for opening of bids may not be answered. Only questions answered via the Portal, located in the Q&A tab, will be binding, and shall be considered part of the awarded contract.
In the event of a conflict between local, state, and federal provisions, the federal provisions shall take precedent.
***END SPECIAL CONDITIONS***
By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City of Winchester all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City of Winchester under said contract.
Failure to submit a bid/proposal on the official City form provided for that purpose may be a cause for rejection of the bid/proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the bid/proposal; however, the City of Winchester reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid/proposal.
If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the Purchasing Agent, or designee.
Performance and Payment Bonds will be required of the Successful bidder, each in an amount equal to one hundred percent (100%) of the amount of the Contract, conditioned upon the faithful performance of the Contract and to the payment in full to all persons furnishing labor, materials, equipment, etc., for and in connection with the work to be performed under the Contract.
Contractor agrees that all work shall be completed within 365 calendar days following the Notice to Proceed.
Owner and Contractor recognize that the time is of essence in this Contract, and if the work is not completed within the specified times outlined above, plus any extensions allowed, then the Contractor shall pay, as liquidated damages, $600.00 for each calendar day that expires after the specified completion date.
The basis for payment shall be the actual percentage of work completed, as determined in the field by the Engineer.
The following General Terms and Conditions APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply and take precedence.
The City’s procurement, Contractor’s response and written negotiation summary shall form part of the Contract. In the case of conflicts, discrepancies, errors or omissions among the City’s procurement, the Contractor’s response, written negotiation summary and the main body of the Contract, the documents and amendments to them shall take precedence and govern in the following order:
The City of Winchester reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.
A contract shall not be assignable by the contractor in whole or in part without the written consent of the City of Winchester.
It is the sole responsibility of the Bidder to insure that their Bid is submitted timely via the Portal before the bid due date and time. Late bids will not be accepted. Failure of the Bidder to successfully submit an electronic bid before the deadline indicated herein shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted bids. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Bidder will also receive an email confirmation from the Portal. The City will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the City, nor OpenGov, the Software Administrator, will be held responsible. Bidders shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Bidder is using to submit a response.
In the event that any provision shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding and in full force and effect.
In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City of Winchester, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the City of Winchester may have.
Sales to the City of Winchester are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.
Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City of Winchester to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equal product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.
Owner shall give Notice of Award to the successful bidder within fifteen (15) days thereafter, Contractor shall sign and deliver a copy of the Contract to the Owner with all other Contract Documents attached. Within ten (10) days thereafter, Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and shall ensure that all parties appropriately execute all required portions of the contract immediately.
By submitting their (bids/proposals), all (bidders/offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.
By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have insurance coverages, including, without limitation, performance and bid bonds, workers' compensation, employer liability, commercial general liability, and/or automobile liability, as set forth in the solicitation document at the time of contract execution. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain the same insurance coverages during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. The insurer must have an A.M. Best rating of A- or better.
It is the policy of the Virginia Department of Transportation that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 must have the maximum opportunity to participate in the performance of federally funded contracts. A list of DBE firms certified by the SBSD and MWAA is maintained on SBSD’s website (http://www.SBSD.virginia.gov ) under the DBE Directory of Certified Vendors. Contractors/consultants are encouraged to take all necessary and reasonable steps to ensure that DBE firms have the maximum opportunity to compete for and perform services on contract, including participation in any subsequent supplement contracts. If the contractor/consultant intends to subcontract a portion of the services on the project, the contractor/consultant is encouraged to seek out and consider DBEs as potential Sub-contractors/sub-consultants. The contractor/Sub-contractor is encouraged to contact DBEs to solicit their interest, capability and qualifications. Any agreement between a contractor/consultant and a DBE whereby the DBE promises not to provide services to other contractors/consultants is prohibited.
The DBE contract goal for this procurement is 0%.
Upon the award or the announcement of the decision to award a contract over $50,000, as a result of this solicitation, the Purchasing Agent will publicly post such notice on the City of Winchester’s web site (https://secure.procurenow.com/portal/winchesterva) for a minimum of 10 days.
During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.
In the event that funds are not appropriated for this Contract for any City fiscal year, following the City's current year, the Contract shall terminate automatically as of the last day for which funds were appropriated without the City providing written notice to the Contractor prior to the date of termination. The City shall not consider termination of the Contract pursuant to this section default. Upon such termination, the City shall be released from any obligation to make future payments and shall not be liable for cancellation or termination charges.
Contractors will be responsible for all licenses and permits, if required. Any person, firm, or corporation responding to the City’s procurement which is required to have a current and valid City of Winchester business license and, in fact, does not, will not be considered a "responsive bidder" as such term is defined by the Code of Virginia §2.2-4301, as amended. Any bid received from such an entity may be rejected, at the City's sole option, for that reason alone. In addition, the successful bidder or offeror will be required to produce affirmative evidence, satisfactory to the Purchasing Agent, or designee that it has such a license, or is not required to have such a license, prior to approval and execution of any contract to perform the work herein described.
Bids/Proposal shall provide that during the term of the contract, including warranty period, for the successful bidder/offeror indemnifying, defending, and holding harmless the City, its officers, employees, agent and representatives thereof from all suits, actions, claims of any kind (including claims for attorney’s fees) brought on account of any personal injuries, damages, or violation of rights sustained by any person or property in consequence of any neglect in safeguarding contract work, or on account of any act or omission by the contractor or his employees, or from any claims or amounts arising from violation of any law, bylaw, ordinance, regulation or decree. The vendor agrees that this clause shall include claims involving infringement of patent or copyrights.
The contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the agency’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiably information as part of the performance of a contract are required to safeguard this information and immediately notify the agency of any breach or suspected breach in the security of such information. Contractors shall allow the City to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.
Prices are to be stated in US dollars unless otherwise specified in the solicitation.
Any purchases being funded in whole or in part by, The American Rescue Plan act (ARPA), or other purchases funded by federal grants, all awardees must follow all applicable, federal guidelines and clauses contained in U.S. Treasury 2 CFR 200.
In accordance with §2.2-4311.3:
A. As used in this section, "information technology goods and services" means communications, telecommunications,
automated data processing, applications, databases, data networks, management information systems, and other related
goods and services.
B. No term or provision in any public contract for the acquisition of information technology goods or services shall be valid
or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision
shall otherwise remain enforceable.
C. Any term or provision in such a public contract that (i) makes the public contract subject to, governed by, or interpreted
under the laws of another state or country or (ii) requires or permits any litigation or other dispute resolution proceeding
arising from the public contract to be conducted in another state or country shall be void. Such public contract shall instead
be deemed to provide for the application of the law of the Commonwealth of Virginia, without regard to such contract's
choice of law provisions, and to provide for jurisdiction in the courts of the Commonwealth.
A. For contracts for good and services that exceed $10,000, the Contractor certifies and agrees to: (i) prohibit the use of forced or indentured child labor in the performance of this Contract, and (ii) include the provisions of the foregoing clause in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
B. For the purposes of this section, "forced or indentured child labor" means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.
The Contractor shall be responsible for the resolution of any and all damage claims presented to the City of Winchester as a result of operations provided herein. Within 30 days of the City of Winchester's notification to the Contractor of a claim, Contractor shall respond in writing to the claimant and copy the City of Winchester. Failure to properly respond to and resolve claims in a timely manner constitutes unsatisfactory performance and may result in cancellation of the contract and/or removal from the bidders list.
General Terms and Conditions shall apply in all instances except for federally funded contracts. In the event there is a conflict between the General Terms and Conditions and any Federal, Special, Standard, or Supplementary Terms and Conditions in this solicitation, the Federal, Special, Standard, or Supplementary Terms and Conditions shall apply.
In submitting this Bid, bidder acknowledges that the bidder has examined copies of the following Contract Documents:
BIDDING DOCUMENTS
TECHNICAL SPECIFICATIONS
DRAWINGS
ADDENDA
BID ITEMS/QUANTITIES (BID TABLE)
Please note that a Virginia Contractor's License is not required to bid but, is required prior to award.
Each Bid shall also be accompanied by a satisfactory Bid Guarantee in the amount of 5% of the bid, in the form of a certified or cashier's check drawn on a bank chartered under the laws of the Commonwealth of Virginia; payable to the Treasurer of the City of Winchester, or a Bid Bond, as a guarantee that the bidder will within fifteen (15) days after the date of the award of the Contract, execute an agreement and file insurance as required by the Contract Documents if his proposal is accepted. If the successful bidder fails to execute and file the agreement and insurance, the amount of the Bid Guarantee shall be forfeited. Bids without a satisfactory Bid Guarantee shall be rejected.
Download the following document, and then submit the fully executed copy here.
Please download the below document, and then submit the fully executed copy here.
General:
In order to be considered for selection, Bidders shall submit the following information as part of your response to this solicitation. Failure to complete and provide this data sheet and the requested information may result in a non-responsive bid.
Proprietary Information
All source code, executables, user data, materials, meeting minutes, progress reports and documentation shall be submitted to the City and shall belong exclusively to the City, and shall be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a Bidder shall not be subject to public disclosure under the Virginia Freedom of Information Act provided the Bidder invokes the protections of Section 2.2-4342F of the Virginia Public Procurement Act, which provides that:
“Trade secrets or proprietary information submitted by a Bidder, or subsequently the Contractor, in connection with a procurement transaction, shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, the Bidder or Contractor must invoke the protection of this Section prior to, or upon submission of the data or other materials. The Contractor must identify the data or other materials to be protected and justify in writing the explicit reasons that such protection is necessary. Failure to mark the data or other materials as proprietary or otherwise classified, will result in the data or other materials being released to Bidders or to the public as provided in the Virginia Freedom of Information Act.”
The classification of the entire proposal document and total bid price as proprietary or trade secrets is not acceptable.
Incurred Cost
The Bidder is responsible for all costs of proposal preparation. The City of Winchester is not liable for any costs incurred in response to the ITB.
Contractor Qualifications:
Proposals should be as thorough and detailed as possible so that City may properly evaluate your capabilities to provide the required services. Bidders shall submit responses for the following items within your Bid response.
ITB# ITB-2026132
The Contractor shall provide a detailed description of all internal control methods used to insure quality throughout all of the contractor’s operations, as well as the system or method that will be employed to track, monitor, and ensure compliance with all time line requirements of this ITB.
The Contractor shall provide a minimum of three (3) references that are similar in nature to the City’s proposed construction project. The submitted projects shall have been initiated or completed in the past five (5) years and exceed $1,000,000 of total value. In the response, the Contractor shall provide a one to two paragraph description of the work performed, and the name, address, telephone number, and email address of the owner’s representative. For each reference, the response shall also delineate the specific value of the underground utility installations, as defined above, as well as the total value of all the work completed.
The Contractor shall include in this list any contract(s) in the past five (5) years that were terminated and shall provide the reason for termination.
The Contractor shall list all the name of projects, owner’s name and address, percent complete and scheduled completion of the major projects in progress on the date of proposal submittal and the estimated contract amount of all executed contracts that will be underway at the same time as the City’s proposed construction project. The contractor shall also state how the contract needs of the City will be met with the available company resources considering that these other contracts will be underway simultaneously.
Please submit your company’s audited annual financial statement and/or Dunn & Bradstreet report for the last two (2) years.
The Prime Contractor shall perform or exercise responsibility for this contract with its own work force for at least 50% of the total dollar value of the contract. Identify the sub-Contractor(s) who will do work on this project and the amount of work that each is projected to perform.
I certify that the information provided in the Contractor Qualifications is complete and accurate to the best of my knowledge.
The purpose of this ITB is to solicit bids from qualified contractors to provide all labor, equipment, parts, supplies, tools, transportation and materials necessary to provide: ____________________________.
The technical specifications for the project are provided within this contract document.
Does the following also apply to this ITB?
Enter only the number of calendar days for project completion.
"Contractor agrees that all work shall be completed within _________ calendar days following the Notice to Proceed."
(Enter ### only)
Ex. 365
Enter only the amount for liquidated damages (including dollar sign and punctuation).
"$________ for each calendar day that expires after the specified completion date."
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
SamSearch Platform
AI-powered intelligence for the right opportunities, the right leads, and the right time.