Active SLED Opportunity · VIRGINIA · TOWN OF VIENNA
AI Summary
Town of Vienna seeks bids for provision and installation of water mains under an annual contract with up to four renewals. Work includes pipe laying, trench excavation, testing, disinfection, and pavement restoration. Bids due May 29, 2026, submitted electronically via OpenGov.
All times listed in this IFB are Eastern Standard Time.
Solicitations are advertised on the Commonwealth of Virginia's eVA Procurement Portal, where they may be downloaded and viewed in their entirety. Do not attempt to submit a bid via eVA as we use eVA for advertising only.
The Town also utilizes OpenGov Procurement for notification, distribution and upload of solicitation documents (bids/proposals).
Bids shall be submitted electronically via the Town of Vienna's eProcurement Portal (OpenGov). We do not accept hard copy paper responses which may be listed on other websites.
Sign up for FREE to become a registered vendor with the Town of Vienna and receive notifications of upcoming opportunities! To register your business as a vendor with the Town of Vienna, look for the green button that says “Subscribe” NOTE: if you subscribe to the Town of Vienna as a vendor, be sure to select your "category/commodity" codes for the type of product or services that you provide. If you don't designate a purchasing category, you will be notified about EVERY open bid/proposal opportunity the Town has that may not be related to the type of product or services that you provide.
Current solicitations can be viewed and downloaded here: https://procurement.opengov.com/portal/viennava
The Town of Vienna reserves the right to reject any and all bids or to accept the bid(s) which, in its judgment, will be for its best interest.
NO BID MAY BE WITHDRAWN FOR A PERIOD OF SIXTY (60) DAYS SUBSEQUENT TO THE DATE OF THE BID OPENING.
Any bid may be withdrawn PRIOR to the scheduled time for bid opening or authorized postponement thereof.
Located in Northern Virginia and approximately 14 miles from Washington D.C., the Town of Vienna is an incorporated town within Fairfax County—adjacent to Tysons Corner (Northeast), Oakton and Fairfax City (Southwest), Merrifield/Mosaic District (Southeast) and Reston (Northwest). The Town is 4.4 square miles and home to approximately 16,473 residents.
Vienna is primarily a residential community with at least 71 percent of the land developed for residential purposes, excluding rights-of-way. The Town has approximately 3.5 million square feet of commercial and industrial space—60 percent is used for professional office space, 30 percent of the space is used for retail, and the remaining 10 percent is used for industrial purposes.
A. Bids will be received by the Town of Vienna, Virginia (Town) and will be opened and read at 2:00 pm on Friday, May 29, 2026. Pre-qualified bidders, or their representative, and other interested persons may be present at the opening of proposals.
B. Bidders must submit their bids via the Town's eProcurement Portal. All bids must show unit price, if applicable, and total price. All bidders must acknowledge all issued addenda via the Town's eProcurement Portal. The bidder acknowledges they have read this solicitation, understand it, and agree to be bound by its terms and conditions. Bids shall be submitted via the Town's eProcurement Portal.
C. The Bidder shall assume full responsibility for timely upload of their bid to the OpenGov Procurement Portal. The OpenGov Procurement Portal does not allow late bids.
Bidders are reminded that changes to the IFB, in the form of addenda, are often issued between the issue date and within three business (3) days before the closing of the IFB. Bidders are solely responsible for checking the Town website to insure that they have the most current information regarding the IFB.
The purpose and intent of this Invitation for Bid is to establish and award an annual contract for the provision and installation of water mains and appurtenances in various locations throughout the Town of Vienna, Virginia (hereinafter “the Town”) water service area. The initial term of the Contract will be for one (1) year, which may be renewed for up to four (4) additional one-year terms at the sole discretion of the Town of Vienna. The quantities given in the Bid Form are estimated and for bidding purposes only. Actual contract quantities may vary at the sole discretion of the Town of Vienna.
THE GENERAL TERMS AND CONDITIONS WHICH FOLLOW APPLY TO ALL PURCHASES AND BECOME A DEFINITE PART OF EACH FORMAL INVITATION FOR BID, REQUEST FOR PROPOSALS, PURCHASE ORDER AND/OR OTHER AWARD ISSUED BY THE TOWN OF VIENNA, VIRGINIA, UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION DOCUMENTS. BIDDERS/OFFERORS OR THEIR AUTHORIZED REPRESENTATIVES ARE EXPECTED TO FULLY INFORM THEMSELVES AS TO THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS BEFORE SUBMITTING BIDS/PROPOSALS; FAILURE TO DO SO WILL BE AT THE BIDDERS'/OFFERORS' OWN RISK AND THEY CANNOT SECURE RELIEF ON THE PLEA OF ERROR.
SUBJECT TO STATE, COUNTY AND LOCAL LAWS AND ALL RULES, REGULATIONS AND LIMITATIONS IMPOSED BY LEGISLATION OF THE FEDERAL GOVERNMENT, BIDS/PROPOSALS ON ALL SOLICITATIONS ISSUED BY THE PURCHASING OFFICE WILL BIND BIDDERS/OFFERORS TO APPLICABLE CONDITIONS AND REQUIREMENTS HEREIN SET FORTH UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION.
DEFINITIONS
a. The terms "Town" and "Contractor" shall mean the respective parties to the Contract. They shall be treated throughout the Contract Documents as though each were of the singular number and masculine gender. Only one Contractor is recognized as a party to this Contract.
b. The term "Engineer" means the Director, Department of Public Works, Town of Vienna, or designee. The designee may be identified in the Contract Documents as either the Town's appointed Project Officer or a contractor employed by the Town to perform construction services or project oversight.
c. The term "Town" means the Town Council of Vienna, Virginia.
d. The term "Subcontractor", as employed herein, shall include only those having a direct contract with the Contractor, and it shall include those who furnish material worked to a special design according to the plans and specifications for this Work but shall not include those who merely furnish material not so worked.
e. The term "Contract Documents" means and shall include the Agreement and all the documents identified therein which shall include the Drawings and the Specifications and all modifications thereto properly incorporated in the Contract
(1) The term "Agreement" means the completed and signed Form of Contract agreement.
(2) The term "Drawings" means all drawings pertaining to the Contract, including the Contract Drawings and the Standard Details. (a) The term "Contract Drawings" means the drawings and construction notes which show the locations, character, dimensions, and details of the Work to be performed under the Contract. (b) The term "Standard Details" means the applicable drawings contained in the current edition of the Department of Public Works, Construction Standards and Specifications.
(3) The term "Specifications" means and shall include the Standard Specifications, Technical Specifications, the Special Provisions and all written agreements and instructions pertaining to the performance of the Work and to the quality of the materials to be furnished under the Contract.
(a) The term "Standard Specifications" means the applicable technical specifications contained in the current edition of the Department of Public Works, Construction Standards and Specifications.
(b) The term “Technical Specifications” means that part of the Contract Documents that describe the quality of materials, method of installation, standard of workmanship, and the administrative and procedural requirements for the performance of the Work under the contract.
(c) The term "Special Provisions" means the written statements modifying or supplementing the Standard Specifications or General Conditions for requirements or conditions peculiar to the Contract.
f. The term "Work" shall mean the services performed under this Contract including, but not limited to, furnishing labor, and furnishing and installing materials and equipment required to complete the Work specified in the Contract Documents. Where "as shown," "as indicated," "as detailed," or words or similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" shall be understood to mean "provide complete in place," that is, "furnish and install."
g. “Notice to Proceed” shall mean a written notice issued by the Town to the Contractor stating the Commencement Date, the date on which the contract time will commence, and on which the Contractor is to begin the prosecution of the Work required under the Contract. The Notice to Proceed will specify the Time for Completion of the Contract.
h. “Time for Completion” shall mean the number of consecutive calendar days after the Commencement Date stated in the Notice to Proceed which the Contractor has to complete all the Work under the Contract.
i. The term "Force Majeure" means an earthquake, flood, cyclone or other cataclysmic phenomenon of nature. Rain, wind, or other natural phenomenon of normal intensity for the locality shall not be construed as a Force Majeure under this definition.
j. "Written notice" shall be deemed to have been duly served if delivered in person to the individual or to the member of the firm or to an officer of the corporation for whom it is intended, or enclosed in a postage prepaid envelope addressed to the last known address of such other party and deposited in a U.S. Postal Service mail receptacle.
When conducting procurement transactions under a Federal award, a State or Indian Tribe must follow the same policies and procedures it uses for procurements with non-Federal funds. If such policies and procedures do not exist, States and Indian Tribes must follow the procurement standards in §§ 200.318 through 200.327. In addition to its own policies and procedures, a State or Indian Tribe must also comply with the following procurement standards: §§ 200.321, 200.322, 200.323, and 200.327. All other recipients and subrecipients, including subrecipients of a State or Indian Tribe, must follow the procurement standards in §§ 200.318 through 200.327. ate or Indian Tribe must follow the same policies and procedures it uses for procurements with non-Federal funds. If such policies and procedures do not exist, States and Indian Tribes must follow the procurement standards in §§ 200.318 through 200.327. In addition to its own policies and procedures, a State or Indian Tribe must also comply with the following procurement standards: §§ 200.321, 200.322, 200.323, and 200.327. All other recipients and subrecipients, including subrecipients of a State or Indian Tribe, must follow the procurement standards in §§ 200.318 through 200.327.
A. Requirements
1. The requirements for the payment of materials stored on-site shall remain unchanged. The requirements for payment for materials stored off-site shall include, but is not limited to, those specified in Paragraph 9.3.2 and the additional requirements hereinafter specified. Material stored off-site under this provision shall be included in the definition of Work, Article 1 of the General Conditions.
2. The requirements of Paragraph 10.2 of the General Conditions of this Contract are fully applicable to materials stored off-site.
B. For purposes of administering this provision, the following definitions are provided.
1. Material stored NEAR the Work Site: A storage location shall be considered near the Work Site if it is not more than fifty (50) miles (approximately a one-hour drive) from the Town Hall in the Town of Vienna.
2. Material stored DISTANT from the Work Site: Locations beyond the limit of fifty (50) miles shall be considered distant.
C. All proposed off-site locations, regardless of whether they are near or distant, shall be approved by the Owner prior to any payment under this Article. The approval process will include an inspection of the proposed storage site, which may or may not coincide with any inspection of materials stored.
D. Prior to payment for any material stored off-site, said material shall be inspected to verify that it is properly stored; i.e., segregated, inventoried, identified as the property of the Owner and Contractor and duly protected as required in Article 10.2 of the General Conditions. This material shall be clearly identified and physically segregated from any other material or stock, in such a manner that it is clear, from casual observation that said material is not a part of any other stock or stored material.
E. For materials stored distant to the Work Site, the Contractor shall reimburse the Owner for all reasonable costs incurred by the Owner, to include but not limited to salary, transportation, lodging and per diem, for the Owner or the A/E’s employees to travel to and from the storage locations for the purpose of verifying the material is properly stored. It is anticipated that such trips would occur whenever additional material is claimed for payment and/or at least every six (6) months until the material is delivered to the Work Site.
F. Except for unusual circumstances, the Contractor will not be required to reimburse the Owner’s costs for visits to storage locations near the Work Site.
G. The Contractor shall hold the Owner harmless from any and all losses, additional costs, direct or indirect damages and/or delays, whatsoever, which may occur as a result of a failure of the Contractor to deliver (or have delivered), in a timely manner, materials, for which payment has been made, to the Work Site for installation and incorporation into the Work.
H. The Contractor shall provide to the Owner, a Release of Lien or other suitable certification by the Seller, in addition to paid invoices, verifying that the Contractor has valid title to all materials for which payment is requested. The Seller, however, shall not be required to waive his rights for recovery, if his contract is breached.
I. The Contractor shall furnish proof of insurance (in addition to any other insurance that may be required by or as a result of the Contract) that covers the stored material from loss by theft, fire, vandalism and extended coverage perils, at the location stored, in an amount equal to one hundred percent (100%) of the replacement value of the material stored.
(a) Documented procurement procedures. The recipient or subrecipient must maintain and use documented procedures for procurement transactions under a Federal award or subaward, including for acquisition of property or services. These documented procurement procedures must be consistent with State, local, and tribal laws and regulations and the standards identified in §§ 200.317 through 200.327.
(b) Oversight of contractors. Recipients and subrecipients must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. See also § 200.501(h).
(d) Avoidance of unnecessary or duplicative items. The recipient's or subrecipient's procedures must avoid the acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. When appropriate, an analysis should be made between leasing and purchasing property or equipment to determine the most economical approach.
(e) Procurement arrangements using strategic sourcing. When appropriate for the procurement or use of common or shared goods and services, recipients and subrecipients are encouraged to enter into State and local intergovernmental agreements or inter-entity agreements for procurement transactions. These or similar procurement arrangements using strategic sourcing may foster greater economy and efficiency. Documented procurement actions of this type (using strategic sourcing, shared services, and other similar procurement arrangements) will meet the competition requirements of this part.
(f) Use of excess and surplus Federal property. The recipient or subrecipient is encouraged to use excess and surplus Federal property instead of purchasing new equipment and property when it is feasible and reduces project costs.
(g) Use of value engineering clauses. When practical, the recipient or subrecipient is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering means analyzing each contract item or task to ensure its essential function is provided at the overall lowest cost.
(h) Responsible contractors. The recipient or subrecipient must award contracts only to responsible contractors that possess the ability to perform successfully under the terms and conditions of a proposed contract. The recipient or subrecipient must consider contractor integrity, public policy compliance, proper classification of employees (see the Fair Labor Standards Act, 29 U.S.C. 201, chapter 8), past performance record, and financial and technical resources when conducting a procurement transaction. See also § 200.214.
(i) Procurement records. The recipient or subrecipient must maintain records sufficient to detail the history of each procurement transaction. These records must include the rationale for the procurement method, contract type selection, contractor selection or rejection, and the basis for the contract price.
(j) Time-and-materials type contracts.
(1) The recipient or subrecipient may use a time-and-materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time-and-materials type contract means a contract whose cost to a recipient or subrecipient is the sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.
(2) Because this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the recipient or subrecipient awarding such a contract must assert a high degree of oversight to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls.
(k) Settlement of contractual and administrative issues. The recipient or subrecipient is responsible for the settlement of all contractual and administrative issues arising out of its procurement transactions. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the recipient or subrecipient of any contractual responsibilities under its contracts. The Federal agency will not substitute its judgment for that of the recipient or subrecipient unless the matter is primarily a Federal concern. The recipient or subrecipient must report violations of law to the Federal, State, or local authority with proper jurisdiction.
(l) Examples of labor and employment practices.
(1) The procurement standards in this subpart do not prohibit recipients or subrecipients from:
(i) Using Project Labor Agreements (PLAs) or similar forms of pre-hire collective bargaining agreements;
(ii) Requiring construction contractors to use hiring preferences or goals for people residing in high-poverty areas, disadvantaged communities as defined by the Justice40 Initiative (see OMB Memorandum M-21-28), or high-unemployment census tracts within a region no smaller than the county where a federally funded construction project is located. The hiring preferences or goals should be consistent with the policies and procedures of the recipient or subrecipient, and must not prohibit interstate hiring;
(iii) Requiring a contractor to use hiring preferences or goals for individuals with barriers to employment (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)), including women and people from underserved communities as defined by Executive Order 14091;
(iv) Using agreements intended to ensure uninterrupted delivery of services; using agreements intended to ensure community benefits; or
(v) Offering employees of a predecessor contractor rights of first refusal under a new contract.
(2) Recipients and subrecipients may use the practices listed in paragraph (1) if consistent with the U.S. Constitution, applicable Federal statutes and regulations, the objectives and purposes of the applicable Federal financial assistance program, and other requirements of this part.
A. Bidding Documents include the Bid Table, SCC, Bid Bond and acknowledged addenda issued prior to receipt of bids. All requirements and obligations of the Bidding Documents are hereby incorporated by reference into the Contract Documents and are binding on the Successful Bidder upon Award of the Contract.
B. Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement for Bid in the number and for the price, if any, stated therein.
C. Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor the A/E shall assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
D. The Owner in making copies of the Bidding Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.
1. INTENT OF THE DRAWINGS AND SPECIFICATIONS
a. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, unsuitable or excess material haulage and disposal, water, water haulage, light power, transportation, superintendence, temporary construction of all kinds, and other services and facilities of every nature whatsoever that are necessary to execute and deliver the Work, complete and usable within the scope of the Contract with all parts in working order, and all connections properly made.
b. The general character and scope of the Work are illustrated by the Drawings and listed in the Specifications. Any additional drawings and other instructions deemed necessary by the Engineer will be furnished to the Contractor when required for the Work.
c. Unless otherwise specifically noted, the word "similar" where it occurs in the Drawings, shall be interpreted in its general sense and not as meaning identical, and all details shall be worked out in relation to their locations and their connection with other parts of the Work.
d. Materials or work described in words which, so applied, have a well-known technical or trade meaning, shall be held to refer to the recognized technical or trade meaning.
e. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflicting variance between the Contract Documents, the Specifications shall take precedence over the Drawings, the Special Provisions shall take precedence over the Specifications and the Drawings, and the Agreement shall take precedence over the Special Provisions, the Specifications and the Drawings. Figured dimensions on the plans shall be used in preference to scaling the Drawings. In case of conflict between small and large scale drawings, the large scale drawings shall govern.
2. DISCREPANCIES AND ERRORS
If the Contractor discovers any discrepancies between the Drawings and Specifications and the site conditions or any errors or omissions in the Drawings or Specifications, the Contractor shall at once report them in writing to the Engineer. If the Contractor proceeds with any work that may be affected by such discrepancies, errors, or omissions, after their discovery, but before their correction, such work shall be at the Contractor's risk.
3. DOCUMENTS OF THE JOB
The Contractor shall keep on the site of the project a copy of the Drawings and Specifications including all authorized revisions, and shall at all times give the Town and its authorized representatives access thereto.
4. OWNERSHIP OF DRAWINGS AND SPECIFICATIONS
All Drawings and Specifications and copies thereof furnished by the Town are the property of the Town and shall not be used on other projects. Upon completion of the project, all copies of the Drawings and Specifications except the signed Contract sets shall be returned to the Engineer.
5. SUBMITTALS
a. The term "submittals," as used herein, shall include fabrications, erection and setting drawings, manufacturers' standard drawings, schedules, descriptive literature, catalogs, brochures, performance and test data, wiring and control diagrams, and other descriptive data pertaining to the materials and equipment as required to demonstrate compliance with the Contract requirements.
b. The Contractor shall submit for the approval of the Engineer all submittals required by the specifications or requested by the Engineer. All such submissions shall be made so as to cause no delay in the project, allowing reasonable time for review and checking by the Engineer.
c. Submittals shall be submitted in such number of copies that three copies may be retained by the Engineer after approval. Each submission shall be accompanied by a letter of transmittal in duplicate, listing the contents of the submission and identifying each item by reference to specification section or drawing. All submittals shall be clearly labeled with the name of the project and such information as may be necessary to enable their complete review by the Engineer. Catalog plates and other similar material that cannot be so labeled conveniently shall be bound in suitable covers bearing the identifying data.
d. Submittals shall be accompanied by all required certifications and other such supporting material, and shall be submitted in such sequence or in such groups that all related items may be checked together. When submittals cannot be checked because a submission is not complete, or because shop drawings on related items have not been received by the Engineer, then such submittals will be returned without action or will be held, not checked, until the missing material is received. Incomplete or defective submittals shall not be considered to have been submitted.
e. Submittals shall have been reviewed by the Contractor and coordinated with all other related or affected work before they are submitted for approval and shall bear the Contractor's certification that the Contractor has checked and approved them as complying with all relevant information in the Contract Documents. Submittals submitted without such certification and coordination will be returned to the Contractor without action and will be considered not a formal submission.
f. If shop drawings show variations from the Drawings and Specifications because of standard shop practice or other reasons, the Contractor shall make specific mention of such variation in the Contractor's letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment; otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Drawings and Specifications even though shop drawings have been approved.
g. The Engineer shall review the shop drawings with reasonable promptness. Review and/or approval of shop drawings will be general for conformance with the design concept of the Project and compliance with the information given in the Contract Documents, and will not include quantities, detailed dimensions, nor adjustments of dimensions to actual field conditions. Approval shall not be construed as permitting any departure from Contract requirements, as authorization of any increase in price nor as relieving the Contractor of the responsibility for any error in details, dimensions or otherwise that may exist.
6. SAMPLES
The Contractor shall submit, for the approval of the Engineer, all samples required by the specifications or requested by the Engineer. Samples shall be submitted in single units only, unless the Contractor desires additional units for the Contractor's own use. Each sample shall bear a label indicating the material represented the name of the producer and the title of the Project. Approval of a sample shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents, and only for the characteristics or use named in such approval. Such approval shall not be construed to change or modify any Contract requirements or the Contract Price. Materials and equipment incorporated in the Work shall match the approved samples.
7. TESTS
Any specified laboratory tests of materials and finished articles shall be made by bureaus, laboratories or agencies approved by the Engineer and the certified reports of such tests shall be submitted to the Engineer. All costs in connection with the testing shall be borne by the Contractor. Failure of any material to pass the specified tests or any test performed by the Engineer, will be sufficient cause for refusal to consider, under this Contract, any further materials of the same brand or make of that material. Samples of various materials delivered on the site or in place may be taken by the Engineer for testing. Samples failing to meet the Contract requirements will automatically void previous approvals of the items tested.
8. MATERIALS AND EQUIPMENT LIST
a. At least ten (10) working days before the start of construction the Contractor shall submit to the Engineer for approval a complete list of materials and equipment proposed for use in connection with the project. Partial lists submitted from time to time will not be considered.
b. After any material or piece of equipment has been approved, no change in brand or make will be permitted unless satisfactory written evidence is presented to prove that the manufacturer cannot make scheduled delivery of the approved material, or that material delivered has been rejected and the substitution of a suitable material is an urgent necessity, or that other conditions have become apparent which indicate that approval of such other material is in the best interest of the Town.
9. STANDARDS, SUBSTITUTIONS
a. Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal Specification, a Trade Association Standard, or other similar standard, shall comply with the requirements in the latest revision of the standards or specification and any amendment or supplement, except as limited to type, class or grade, or as modified in such reference. The standard referred to, except as modified in the Specifications, shall have full force and effect as though printed in the Specifications. The Engineer will furnish, upon request, information as to how copies of the standards referred to may be obtained.
b. Reference in the Specifications or on the Drawings to any article, device, product, material, fixture, form or type of construction by name, make or catalog number shall be interpreted as establishing a standard of quality and shall not be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable, as approved by the Engineer. Applications for approval of substitutions for the specified items will be considered only upon request of the Contractor, not of individuals, trades or suppliers, and only for a specific purpose; no blanket approvals will be granted. No approval of a substitution shall be valid unless it is in written form and signed by the Engineer.
c. If any proposed substitution will affect a correlated function, adjacent construction or the work of other contractors, then the necessary changes and modifications to the affected work shall be considered as an essential part of the proposed substitution, to be accomplished by the Contractor without additional expense to the Town, if and when approved. Detail drawings and other information necessary to show and explain the proposed modifications shall be submitted with the request for approval of the substitution.
10. SURVEYS AND CONTROLS
Unless otherwise specified, the Contractor shall establish all baselines for the location of the principal component parts of the Work, establish a suitable number of bench marks adjacent to the Work, and develop all detail surveys necessary for construction. The Contractor shall carefully preserve bench marks, reference points and stakes, and in the case of destruction thereof by the Contractor or due to the Contractor's negligence or the negligence of any subcontractor, the Contractor shall be responsible for expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the loss or disturbance of such bench marks, reference points and stakes.
11. AS-BUILT DRAWINGS
As-built drawings shall be the normal function of the Engineer, unless specified in the Contract Documents to be the responsibility of the Contractor. If so, the Contractor shall mark up one set of prints of the applicable Contract drawings to portray as-built construction. The prints shall be neatly and clearly marked to show all variations between the Work actually provided and that indicated on the Contract Drawings, and all utilities encountered in the Work. All drafting shall conform to good drafting practice and shall include such supplementary notes, legends and details as may be necessary for legibility and clear portrayal of the as-built construction. These drawings shall be marked promptly at the completion of the project and shall be turned over to the Engineer within thirty (30) days of completion of the project.
If any prospective bidder/offeror has questions about the specifications or other solicitation documents, the prospective bidder/offeror should contact the Procurement Officer or the person whose name appears on the face of solicitation NO LATER THAN SEVEN (7) WORKING DAYS BEFORE opening/closing date. Any revisions to the solicitation will be made only by addendum issued by the Procurement Officer.
The contractor will furnish all labor, materials, and equipment for the provision and installation of water mains and appurtenances in various locations throughout the Town of Vienna, Virginia water service area and all other work shown, described and required in the Contract Documents (hereinafter “the Work”). The Work shall be performed according to the standards established by the Contract Documents read together as a single specification. It shall be the obligation of the Contractor to obtain clarification from the Town concerning any questions about or conflicts in specifications, drawings and construction notes in a timely way so as to not delay the progress of the Work. The Contract Documents set forth the minimum Work estimated by the Town and the Contractor to be necessary to complete the Work. It shall be the Contractor's responsibility, at solely the Contractor's cost, to provide sufficient services to fulfill the purposes of the Work. Nothing in the Contract Documents shall be construed to limit the Contractor's responsibility to manage the details and execution of its Work.
(a) All procurement transactions under the Federal award must be conducted in a manner that provides full and open competition and is consistent with the standards of this section and § 200.320.
(b) To ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids must be excluded from competing on those procurements.
(c) Examples of situations that may restrict competition include, but are not limited to:
(1) Placing unreasonable requirements on firms for them to qualify to do business;
(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
(6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and
(7) Any arbitrary action in the procurement process.
(d) The recipient or subrecipient must have written procedures for procurement transactions. These procedures must ensure that all solicitations:
(1) Are made in accordance with § 200.319(b);
(2) Incorporate a clear and accurate description of the technical requirements for the property, equipment, or service being procured. The description may include a statement of the qualitative nature of the property, equipment, or service to be procured. When necessary, the description must provide minimum essential characteristics and standards to which the property, equipment, or service must conform. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to clearly and accurately describe the technical requirements, a “brand name or equivalent” description of features may be used to provide procurement requirements. The specific features of the named brand must be clearly stated; and
(3) Identify any additional requirements which the offerors must fulfill and all other factors that will be used in evaluating bids or proposals.
(e) The recipient or subrecipient must ensure that all prequalified lists of persons, firms, or products used in procurement transactions are current and include enough qualified sources to ensure maximum open competition. When establishing or amending prequalified lists, the recipient or subrecipient must consider objective factors that evaluate price and cost to maximize competition. The recipient or subrecipient must not preclude potential bidders from qualifying during the solicitation period.
(f) To the extent consistent with established practices and legal requirements applicable to the recipient or subrecipient, this subpart does not prohibit recipients or subrecipients from developing written procedures for procurement transactions that incorporate a scoring mechanism that rewards bidders that commit to specific numbers and types of U.S. jobs, minimum compensation, benefits, on-the-job-training for employees making work products or providing services on a contract, and other worker protections. This subpart also does not prohibit recipients and subrecipients from making inquiries of bidders about these subjects and assessing the responses. Any scoring mechanism must be consistent with the U.S. Constitution, applicable Federal statutes and regulations, and the terms and conditions of the Federal award.
(g) Noncompetitive procurements can only be awarded in accordance with § 200.320(c).
1. STATUS OF ENGINEER
The Engineer shall be the Town's representative during the construction period. The Engineer shall have authority to suspend the Work whenever such suspension may be necessary in the responsible opinion of the Engineer to ensure the proper execution of the Contract. The Engineer shall also have authority to reject all work and materials that do not conform to the Contract and to decide questions that arise in the execution of the Work.
2. ENGINEER'S DECISIONS
The Engineer will, within a reasonable time, make decisions on all matters relating to the execution and progress of the Work.
3. DISPUTES
a. All disputes arising under this Contract or its interpretation, whether involving law or fact or both, or extra work, and all claims for alleged breach of Contract shall be submitted in writing to the Engineer for decision prior to beginning the work on which the claim is based. Such claims must set forth in detail the amount of the claim, and shall state the facts surrounding it in sufficient detail to identify it together with its character and scope.
b. In any case where the Contractor deems extra compensation is due him for work or materials not clearly covered in the Contract, or not ordered by the Engineer as additional work not specifically included in the Contract Documents, the Contractor shall notify the Engineer in writing of the Contractor's intention to make claim for such extra compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given, or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost, then the Contractor hereby agrees to waive the claim for such extra compensation.
c. Contractual disputes shall be evaluated and decided by the Director of Public Works within 30 days of receipt of the claim or dispute. Their decision shall be final unless the Contractor files a claim with the Town Council pursuant to state law. Following the decision of Council on the claim, the Contractor may institute legal action in the Circuit Court.
d. The Contractor shall not cause a delay in the work pending a decision of the Engineer, Town Manager, Town Council, or court, except by prior written approval of the Engineer.
4. INSPECTION OF WORK
The Engineer and representatives of any public authority having jurisdiction shall, at all times, have access to the Work while in progress. The Contractor shall provide suitable facilities for such access and for proper observation of the Work and shall conduct all special tests required by the specifications, the Engineer's instructions, and any laws, ordinances or the regulations of any public authority applicable to the Work.
5. INSPECTION OF MATERIALS
All articles, materials, and supplies purchased by the Contractor for the Work are subject to inspection by the Engineer upon delivery to the site. The Town reserves the right to return for full credit, at the risk and expense of the Contractor, all or part of the articles, materials, or supplies furnished contrary to specifications and instructions.
6. EXAMINATION OF COMPLETED WORK
If the Engineer requests it, the Contractor, at any time before acceptance of the Work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, then the uncovering or removing, and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, then the uncovering, removing and replacing shall be at the Contractor's expense.
7. SUPERINTENDENCE BY CONTRACTOR
The Contractor shall keep a competent superintendent and any necessary assistants on the Work at all times during its progress and such persons shall be satisfactory to the Engineer. The superintendent shall not be changed except on the Engineer's determination the superintendent is no longer satisfactory or except with the consent of the Engineer where the superintendent proves to be unsatisfactory to the Contractor and ceases to be in the Contractor's employment. The superintendent shall represent the Contractor in the Contractor's absence and all directions given to him shall be as binding as if given to the Contractor. In general, instructions by the Engineer shall be confirmed in writing, and always upon written request from the Contractor. The Contractor shall at all times enforce strict discipline and good order among the workers performing under this Contract, and shall not employ on the Work any person not reasonably proficient in the Work assigned.
8. LANDS BY TOWN
The Town shall provide the lands shown on the Drawings upon which the Work under the Contract is to be performed and to be used for rights of way and for access. In case all of the lands, rights-of-way or easements have not been obtained as herein contemplated before construction begins, the Contractor shall begin its work on such lands and rights-of-way as the Town may have previously acquired.
9. LANDS BY CONTRACTOR
If the Contractor requires additional land for temporary construction facilities and for storage of materials and equipment other than the areas available on the site or right of-way, or as otherwise furnished by the Town, the Contractor shall provide such other lands and access thereto entirely at the Contractor's own expense and without liability to the Town. The Contractor shall not enter upon private property for any purpose without written permission.
10. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall continuously maintain protection of all its work from damage and shall protect the Town's property from damage or loss arising in connection with this Contract. The Contractor shall make good any such damage, or loss, except such as may be caused by agents or employees of the Town.
b. The Contractor shall not place upon the Work, or any part thereof, any loads which are not consistent with the design strength of that portion of the Work.
c. The Contractor shall be responsible for the preservation of all public and private property, trees, monuments, etc., along and adjacent to the street and/or right of-way, and shall use every precaution to prevent damage to pipes, conduits and other underground structures, curbs, pavements, etc., except those to be removed or abandoned in place and shall protect carefully from disturbance or damage all monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. Any damage which occurs by reason of the operations under this Contract shall be completely repaired by the Contractor at the Contractor's expense.
d. The Contractor shall shore, brace, underpin, secure, and protect, as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site that may be affected in any way by excavations or other operations connected with the work embraced in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owned or other party before commencement of any work. The Contractor shall indemnify and save the Town harmless from any damages on account of settlements or loss of all damages for which the Town may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises.
e. In an emergency affecting the safety of life or of the Work, or of adjoining property, the Contractor, without special instruction or authorization from the Engineer or Town, is hereby permitted to act, at the Contractor's discretion, to prevent such threatened loss or injury, and the Contractor shall so act without appeal, if so instructed or authorized.
11. SEPARATE CONTRACTS
a. The Town reserves the right to let other contracts in connection with this project. The Contractor shall afford other contractors reasonable opportunity for the delivery and storage of their materials and the execution of their work, and shall properly connect and coordinate its work with the work of other such contractors.
b. If any part of the Contractor's work depends, for proper execution or results, upon the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that renders it unsuitable for such proper execution and results. The Contractor's failure to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of the Contractor's work, except as to defects which may develop in other contractor's work after its execution.
c. If the Contractor or any of the Contractor's subcontractors or employees cause loss or damage to any separate contractor on the Work, the Contractor agrees to settle or make every effort to settle or compromise with such separate contractor. If such separate contractor sues the Town on account of any loss so sustained, the Town shall notify the Contractor, who shall indemnify and save the Town harmless against any expense, claim or judgment arising therefrom, including reasonable attorney's fees.
12. SUBCONTRACTS
a. The Contractor shall, within fifteen (15) days after execution of the Contract by the Town provide the Engineer, in writing, the names of all subcontractors proposed for the principal parts of the Work and for such others as the Engineer may direct and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit after an appropriate determination of the subcontractor's ability. No proposed subcontractor will be disapproved except for cause.
b. The Contractor shall be as fully responsible to the Town for the acts and omissions of the Contractor's subcontractors as the Contractor is for the acts and omissions of persons directly employed by him.
c. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind subcontractors to the Contractor by the terms of the General Conditions of the Contract, Special provisions and other documents comprising the Contract insofar as such documents are applicable to the work of subcontractors.
d. Nothing contained in the Contract shall be construed to create any contractual relation between any subcontractor and the Town, nor shall it establish any obligation on the part of the Town to pay to, or see to the payment of any sums to any subcontractor.
13. ELIMINATED ITEMS
Should any item(s) in the Contract be determined unnecessary for the proper completion of the Work contracted, the Engineer may, upon written notice to the Contractor, eliminate such item(s) from the Contract. Payment will not be made for such item(s) so eliminated; except that the Contractor will be compensated for the actual cost of any work performed for the installation of such item(s) and the net cost of materials purchased before the item(s) was eliminated from the Contract, including freight and tax costs, as evidenced by invoice. No additional compensation will be made for overhead or anticipated profit.
Construction Standards
All work shall conform to the current edition of the Fairfax Water Construction Practice Manual (CPM), Fairfax Water Standard Details, VDOT Open-Cut Pavement Restoration Requirements, and the Town of Vienna Public Infrastructure Manual (PIM). A copy of each may be downloaded at no charge on the internet using the following links:
https://www.fairfaxwater.org/developers-engineers
https://www.virginiadot.org/business/resources/land_use_regs/newPermitPackages/LUP-OC.pdf
https://www.viennava.gov/your-government/town-departments-at-your-service/public-works/checklists-guides-manuals
The contractor shall always have a copy of the CPM and PIM readily available at the project site.
In order to be considered for selection, the bidder/offeror must submit a complete response to the Invitation For Bid/Request For Proposals. The bid/proposal shall be signed by an authorized representative of the bidders'/offerors' firm and delivered to the proper location by the time and date specified on the cover page.
A. THE BID: A completed Bid Table in OpenGov to do the Work or designated portion thereof for the sums stipulated therein, submitted in accordance with the Bidding Documents.
B. BASE BID: The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which work may be added or from which work may be deleted for sums stated in Alternate Bids, if any.
C. ALTERNATES: An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.
There are three types of procurement methods described in this section: informal procurement methods (for micro-purchases and simplified acquisitions); formal procurement methods (through sealed bids or proposals); and noncompetitive procurement methods. For any of these methods, the recipient or subrecipient must maintain and use documented procurement procedures, consistent with the standards of this section and §§ 200.317, 200.318, and 200.319.
(a) Informal procurement methods for small purchases. These procurement methods expedite the completion of transactions, minimize administrative burdens, and reduce costs. Informal procurement methods may be used when the value of the procurement transaction under the Federal award does not exceed the simplified acquisition threshold as defined in § 200.1. Recipients and subrecipients may also establish a lower threshold. Informal procurement methods include:
(1) Micro-purchases —
(i) Distribution. The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold defined in § 200.1. To the extent practicable, the recipient or subrecipient should distribute micro-purchases equitably among qualified suppliers.
(ii) Micro-purchase awards. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the recipient or subrecipient considers the price reasonable based on research, experience, purchase history, or other information; and maintains documents to support its conclusion. Purchase cards may be used as a method of payment for micro-purchases.
(iii) Micro-purchase thresholds. The recipient or subrecipient is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro-purchase threshold used by the recipient or subrecipient must be authorized or not prohibited under State, local, or tribal laws or regulations. The recipient or subrecipient may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section.
(iv) Recipient or subrecipient increase to the micro-purchase threshold up to $50,000. The recipient or subrecipient may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this section. The recipient or subrecipient may self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal agency or pass-through entity and auditors in accordance with § 200.334. The self-certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following:
(A) A qualification as a low-risk auditee, in accordance with the criteria in § 200.520 for the most recent audit;
(B) An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or,
(C) For public institutions, a higher threshold is consistent with State law.
(v) Recipient or subrecipient increase to the micro-purchase threshold over $50,000. Micro-purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The recipient or subrecipient must submit a request that includes the requirements in paragraph (a)(1)(iv) of this section. The increased threshold is valid until any factor that was relied on in the establishment and rationale of the threshold changes.
(2) Simplified acquisitions —
(i) Simplified acquisition procedures. The aggregate dollar amount of the procurement transaction is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If simplified acquisition procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Unless specified by the Federal agency, the recipient or subrecipient may exercise judgment in determining what number is adequate.
(ii) Simplified acquisition thresholds. The recipient or subrecipient is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk, and its documented procurement procedures, which may be lower than, but must not exceed, the threshold established in the FAR.
(b) Formal procurement methods. Formal procurement methods are required when the value of the procurement transaction under a Federal award exceeds the simplified acquisition threshold of the recipient or subrecipient. Formal procurement methods are competitive and require public notice. The following formal methods of procurement are used for procurement transactions above the simplified acquisition threshold determined by the recipient or subrecipient in accordance with paragraph (a)(2)(ii) of this section:
(1) Sealed bids. This is a procurement method in which bids are publicly solicited through an invitation and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid conforms with all the material terms and conditions of the invitation and is the lowest in price. The sealed bids procurement method is preferred for procuring construction services.
(i) For sealed bidding to be feasible, the following conditions should be present:
(A) A complete, adequate, and realistic specification or purchase description is available;
(B) Two or more responsible bidders have been identified as willing and able to compete effectively for the business; and
(C) The procurement lends itself to a firm-fixed-price contract, and the selection of the successful bidder can be made principally based on price.
(ii) If sealed bids are used, the following requirements apply:
(A) Bids must be solicited from an adequate number of qualified sources, providing them with sufficient response time prior to the date set for opening the bids. Unless specified by the Federal agency, the recipient or subrecipient may exercise judgment in determining what number is adequate. For local governments, the invitation for bids must be publicly advertised.
(B) The invitation for bids must define the items or services with specific information, including any required specifications, for the bidder to properly respond;
(C) All bids will be opened at the time and place prescribed in the invitation for bids. For local governments, the bids must be opened publicly.
(D) A firm-fixed-price contract is awarded in writing to the lowest responsive bid and responsible bidder. When specified in the invitation for bids, factors such as discounts, transportation cost, and life-cycle costs must be considered in determining which bid is the lowest. Payment discounts must only be used to determine the low bid when the recipient or subrecipient determines they are a valid factor based on prior experience.
(E) The recipient or subrecipient must document and provide a justification for all bids it rejects.
(2) Proposals. This is a procurement method used when conditions are not appropriate for using sealed bids. This procurement method may result in either a fixed-price or cost-reimbursement contract. They are awarded in accordance with the following requirements:
(i) Requests for proposals require public notice, and all evaluation factors and their relative importance must be identified. Proposals must be solicited from multiple qualified entities. To the maximum extent practicable, any proposals submitted in response to the public notice must be considered.
(ii) The recipient or subrecipient must have written procedures for conducting technical evaluations and making selections.
(iii) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the recipient or subrecipient considering price and other factors; and
(iv) The recipient or subrecipient may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby the offeror's qualifications are evaluated, and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where the price is not used as a selection factor, can only be used to procure architectural/engineering (A/E) professional services. The method may not be used to purchase other services provided by A/E firms that are a potential source to perform the proposed effort.
(c) Noncompetitive procurement. There are specific circumstances in which the recipient or subrecipient may use a noncompetitive procurement method. The noncompetitive procurement method may only be used if one of the following circumstances applies:
(1) The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section);
(2) The procurement transaction can only be fulfilled by a single source;
(3) The public exigency or emergency for the requirement will not permit a delay resulting from providing public notice of a competitive solicitation;
(4) The recipient or subrecipient requests in writing to use a noncompetitive procurement method, and the Federal agency or pass-through entity provides written approval; or
(5) After soliciting several sources, competition is determined inadequate.
A. The Successful Bidder shall perform at least that percentage of the Work specified in Article 7 of the Owner-Contractor Agreement, with forces that are in the direct employment of the Contractor’s organization. If requested by the Owner, prior to the signing of the contract, the successful Bidder shall submit a statement of work to be performed by their own forces.
B. Prior to Contract award or within seven (7) days of the Owner’s request to do so, the successful Bidder shall be prepared to demonstrate that their present organization, direct labor force and prior work experience is of adequate size and development to maintain responsible control of the project and to schedule, coordinate and perform the Work in an expeditious manner and in accordance with the Contract Documents.
C. Bidders, whether residents or nonresidents of Virginia, will be required to show evidence of a certificate of registration as required by Chapter 11 of Title 54.1 of the Code of Virginia before their bids will be considered. If a bid is $70,000 or more, or if the Contractor’s annual volume is $500,000 or more, the Contractor must be licensed as a “Class A Contractor”. If a bid is $7,500 or more but less than $70,000, the Contractor must be licensed as at least a “Class B Contractor”.
D. The Owner will consider, in determining the qualifications of a Bidder, their record in the performance of any contracts for the construction work into which they may have entered with the Town or with such public bodies or corporations. The Owner expressly reserves the right to reject the bid of any Bidder if such record discloses that such Bidder, in the opinion of the Owner, has not properly performed such contracts or has habitually and without just cause neglected the payment of bills, or has otherwise disregarded their obligations to subcontractors, material men, suppliers or employees.
E. The Owner may make such investigation as they deem necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for their purpose as they may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of such Bidder, fails to satisfy the Owner that such Bidder is a responsive and responsible Bidder in accordance with the criteria set forth herein. Conditional bids will not be accepted.
The written estimate by the Contractor shall show a time of completion agreed to by the Contractor and the Town.
1. MATERIALS FURNISHED BY THE CONTRACTOR
Unless otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be new. All workmanship shall be accomplished by persons qualified in the respective trades.
2. MANUFACTURER'S DIRECTIONS
Manufactured articles, material, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the manufacturer's directions as approved by the Engineer, unless herein specified to the contrary.
3. CUTTING, PATCHING, AND DIGGING
The Contractor shall do all cutting, fitting, or patching of the Contractor's work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors as shown upon or reasonably implied by the Drawings and Specifications for the completed project and shall make good after them as the Engineer may direct. The Contractor shall not endanger any work by cutting, digging, or otherwise, and shall not cut or alter the work of any other contract except with the consent of the Engineer.
4. REJECTED WORK AND MATERIALS
a. All materials which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the Engineer, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any defective work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause shall be removed and the work shall be re-executed by the Contractor. The fact that the Engineer may have previously overlooked such defective work shall not constitute acceptance of any part of it.
b. If the Contractor fails to proceed at once with the replacement of rejected material and/or the correction of defective workmanship, when notified to do so by the Engineer, the Town may, by contract or otherwise, replace such material or correct such workmanship and charge the cost to the Contractor. This clause applies during the Contract Term and during any warranty or guarantee period.
c. If the Engineer deems it expedient not to require correction of work which has been damaged or not done in accordance with the Contract, an appropriate adjustment to the Contract Price may be made therefor.
The OpenGov Procurement Software does not allow late bids or proposals. Bids/Proposals are not accepted at any Town location.
The size of the assigned jobs will vary throughout the contract term. The Town expects to spend up to five million dollars ($5,000,000) on this contract annually; however, there is no guarantee that this amount will be spent annually. The actual quantity of work performed will depend upon the requirements of the Town during the contract term.
Quote F.O.B. DESTINATION for all competitive sealed bids. If otherwise, show exact cost to deliver.
1. DIFFERING SITE CONDITIONS
The Contractor shall, within twenty-four hours after becoming aware of differing site conditions, and before the conditions are disturbed, give a written notice to the Engineer of subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or previously unknown physical conditions discovered at the site of an unusual nature and which differ materially from those ordinarily expected to be encountered at the site.
The Engineer will investigate the site conditions within twenty-four hours after receiving the notice. If the conditions do materially differ to the extent that an increase or decrease would result in the Contractor's cost of the work, or the time required for performing any part of the work under the contract, an equitable adjustment may be made under this clause and the Contract modified in writing accordingly.
No request by the Contractor for an adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required.
No request by the Contractor for an adjustment to the contract for differing site conditions shall be allowed if made after final payment under the contract.
2. PUBLIC CONVENIENCE
The Contractor shall at all times so conduct its Work as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work. Traffic shall be maintained by use of barricades and flagmen as directed by the Engineer and in accordance with the most current version of the Virginia Work Area Protection Manual. No road or street shall be closed to the public except with the permission of the Engineer and proper governmental authority. Fire hydrants on or adjacent to the Work shall be kept accessible to firefighting equipment at all times. Temporary provisions shall be made by the Contractor to ensure the use of sidewalks and the proper functioning of all gutters, drainage inlets, drainage ditches, and irrigation ditches, which shall not be obstructed except as approved by the Engineer.
3. SAFETY AND ACCIDENT PREVENTION
The Contractor shall comply with, and ensure that the Contractor's personnel and subcontracted personnel comply with, all current applicable local, state and federal policies, regulations and standards relating to safety and health, including, by way of illustration and not limitation, the standards of the Virginia Occupational Safety and Health program of the Department of Labor and Industry for General Industry and for the Construction Industry, the Federal Environmental Protection Agency Standards and the applicable standards of the Virginia Department of Environmental Quality.
The Contractor shall provide, or cause to be provided, all technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the Contractor and subcontractor(s).
The Contractor shall identify to the Engineer at least one on-site person who is the Contractor's competent, qualified, and authorized person on the worksite and who is, by training or experience, familiar with policies, regulations and standards applicable to the work being performed. The competent, qualified and authorized person must be capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees, shall be capable of ensuring that applicable safety regulations are complied with, and shall have the authority and responsibility to take prompt corrective measures, which may include removal of the Contractor's personnel from the work site.
The Contractor shall provide to the Engineer, at the Engineer's request, a copy of the Contractor's written safety policies and safety procedures applicable to the scope of work. Failure to provide this information within seven (7) days of the Engineer's request may result in cancellation of the award.
The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all injury to persons and damage to property either on or off the site, which occur as a result of the Contractor's prosecution of the Work.
The Contractor shall take or cause to be taken such additional safety and health measures as the Engineer may determine to be reasonably necessary. Machinery, equipment, and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. The Contractor is directed to the "Rules and Regulations Governing Construction, Demolition and All Excavation" and adopted by the Safety Codes Commission of Virginia, 1966, or latest edition, covering requirements for shoring, bracing, and sheet piling of trench excavations.
4. CROSSING UTILITIES
When construction crosses highways, railroads, streets, or utilities under the jurisdiction of State, County, or other public agency, public utility, or private entity, the Contractor shall secure written permission where necessary from the proper authority before executing such new construction. A copy of such written permission must be filed with the Engineer before any work is started. The Contractor shall be required to furnish a release from the proper authority before final acceptance of the Work.
5. SANITARY PROVISIONS
The Contractor shall provide and maintain such sanitary accommodations for the use of the Contractor's employees and those of its subcontractors as may be necessary to comply with the requirements and regulations of the local and State departments of health and where additional accommodations are necessary to maintain a reasonably sanitary environment, then such additional accommodations shall be made as determined by the Engineer.
6. WARRANTY
All material provided to the Town shall be fully guaranteed by the Contractor against manufacturing defects within the period of the manufacturer's standard warranty. The Contractor shall make available copies of warranties on demand. Such defects shall be corrected by the Contractor at no expense to the Town. All work is guaranteed by the Contractor against defects resulting from the use of inferior or faulty materials or workmanship for one year from the date of final acceptance of the work by the Engineer in addition to and irrespective of any manufacturer's or supplier's warranty. No date other than the date of final acceptance may be established to govern the effective date of the Guaranty, unless that date is agreed upon by the Engineer and the Contractor in a signed writing.
7. INSPECTION, ACCEPTANCE AND TITLE OF MATERIALS
Inspection and acceptance by the Town will be at the work site in Vienna, Virginia and within ten (10) days of delivery unless otherwise provided for in the Contract. The Town will not inspect, accept, or pay for any materials stored off-site by the Contractor. Title and risk of loss or damage to all items shall be the responsibility of the Contractor until acceptance by the Town. The Town's right of inspection shall not be deemed to relieve the Contractor of its obligation to ensure that all articles, materials and supplies are consistent with specifications and instructions and are fit for their intended use. The Town reserves the right to conduct any tests or inspections it may deem advisable to assure that goods or services conform to the specification. The Contractor shall be responsible for maintaining all materials and supplies in the condition in which they were accepted until they are used in the work.
8. CONTRACTOR'S TITLE TO MATERIALS
No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that it has good title to, and that it will require all subcontractors to warrant that they have good title to, all materials and supplies for which the Contractor invoices for payment.
9. WORK SITE DAMAGES
Any damage to finished surfaces resulting from work performed under this Contract shall be repaired to the Engineer's satisfaction at the Contractor's expense.
10. CLEANING UP
The Contractor shall remove and legally dispose of, as frequently as necessary, all refuse, rubbish, scrap materials and debris from the site to the extent they are the result of the Contractor's operations to the end that the site of the work shall present a neat, orderly, and workmanlike appearance at all times. At completion of the work, but before final acceptance, the Contractor shall remove and legally dispose of all surplus material, falsework, temporary structures including foundations thereof, and debris of every nature resulting from the Contractor's operations or resulting from any activity on the site related to the Contractor's operations and put the site in a neat, orderly condition; if the Contractor fails to do so, the Town shall have the right to remove and legally dispose of the surplus material, falsework, temporary structures including foundations thereof, and debris, put the site in a neat, orderly condition, and charge the cost to the Contractor.
Each Bidder, by submitting their Bid, represents that:
A. They have read and understands the Bidding Documents and their Bid is made in accordance therewith; and Bidder agrees to be bound by the terms and requirements set forth in the Bidding and Contract Documents;
B. They have visited the site, has familiarized themself with the local conditions under which the Work is to be performed and has correlated their observations with the requirements of the proposed Contract Documents;
C. Their Bid is based upon the materials, systems and equipment required by the Bidding Documents without exception; and
D. They have the capability, in all respects, and the moral, ethical and business integrity, reliability, technical ability, financial resources, plant, management, superintendents, equipment, and materials which will assure effective and efficient good faith performance in full compliance with the Contract Documents and with any and all schedules and Milestone and Completion dates required by the Owner. The Bidder acknowledges and represents that they have made allowances for normal inclement weather indigenous to the Project Site, in their estimating, planning and scheduling of the Work. The Bidder further acknowledges that the Contract Documents are, in their opinion, appropriate and adequate for completing this project and for the construction of sound and suitable Work. The Bidder hereby certifies that the Work shall be completed, in place, in full accordance with the Contract Documents, within the time limits specified.
(a) When possible, the recipient or subrecipient should ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms (See U.S. Department of Labor's list) are considered as set forth below.
(b) Such consideration means:
(1) These business types are included on solicitation lists;
(2) These business types are solicited whenever they are deemed eligible as potential sources;
(3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types;
(4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types;
(5) Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring a contractor under a Federal award to apply this section to subcontracts.
In case of an error in price extension, the firm fixed unit price shall govern.
A. Each bid must be accompanied by (1) cash; or (2) a Cashier’s Check or a Certified Check of the Bidder made payable to the Town of Vienna; or (3) a bidder’s bond accompanied by a written guarantee by a surety company licensed to do business in Virginia and acceptable to the Owner. The amount of this bid security will be 2½% of the bid amount for bids of $100,000 or less, and 5% of the bid amount for bids greater than $100,000. For purposes of this provision, the amount of the bid shall be the Base Bid plus all positive amount alternates. The bidder’s bond shall be issued by a surety company licensed to conduct business in Virginia and acceptable to the Owner.
B. Said bid security is given as a guarantee that the Bidder will enter into a contract if awarded the Work and, in the case of refusal or failure to so enter into said contract, the security shall be declared forfeited to the Owner. Such security shall be returned to all but the three lowest Bidders within three days after the opening of bids and the remaining security will be returned within 48 hours after the Owner and the successful Bidder have executed the Contract. If no Contract has been awarded or the Bidder has not been notified of the acceptance of their bid, within forty-five (45) days of the bid opening, the Bidder may withdraw their bid and request the return of their bid security. If, at the Owner’s request, the Bidder agrees to extend and maintain their bid beyond the specified 45 days, their bid security will not be returned.
C. The Bidder’s Cash, Certified or Cashier’s Check or Bid Bond shall be accompanied by a written guarantee by a surety company licensed to do business in Virginia and acceptable to the Owner, that in the event a contract is awarded to the Bidder, said surety will furnish the required Performance, Labor and Material Payment and Guarantee Bonds, as required herein.
D. The Successful Bidder, upon their failure or refusal to execute the Contract within fifteen (15) days after they have received notice of the acceptance of their bid, shall forfeit to the Owner the security deposited with their bid, as liquidated damages for such failure or refusal.
(a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards.
(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
(c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.
1. NOTICE TO PROCEED
Within thirty (30) days of execution of the Contract by the Town, the Contractor shall be given written Notice to Proceed with the Work. Such Notice to Proceed shall state the date on which the Work is to be commenced, and every calendar day thereafter shall be counted in computing the actual Time for Completion.
2. TIME FOR COMPLETION
It is hereby understood and mutually agreed by and between the Contractor and the Town that the Commencement Date, the rate of progress, and the Time for Completion of the Work to be done hereunder are essential conditions of the Contract. The Contractor agrees that the Work shall be started promptly upon receipt of a written Notice to Proceed and shall be prosecuted regularly, diligently, and uninterruptedly at a rate of progress that will ensure full completion thereof in the shortest length of time consistent with good workmanship.
3. USE OF COMPLETED PORTIONS
The Town shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire Work or such portions may not have expired; but taking such possession and use shall not be deemed an acceptance of any work not done in accordance with the Contract Documents. If such prior use increases the cost or delays, the completion of remaining work, or causes refinishing of completed work, the Contractor shall be entitled to such compensation or extension of time or both as the Engineer may determine.
(a) A recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
(b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.
Unlisted work shall mean work that is not covered by the contract unit prices and is not Emergency Work.
Bids shall be binding upon the bidder for sixty (60) days following the bid opening date. Any bid on which the bidder/offeror shortens the acceptance period may be rejected.
1. PAYMENTS TO CONTRACTOR
The Town will make partial payments to the Contractor on the basis of a written estimate of the work performed during the preceding calendar month as approved by the Engineer.
a. Lump Sum Contract: The schedule of total prices of lump sum items in the accepted bid shall be used as a basis for preparing the estimates, and each partial payment shall represent the value, proportionate to the total amount of each lump sum item, of completed work and materials on the site to be incorporated in the work, less the aggregate of previous payments.
b. Unit Price Contract: The schedule of unit prices in the accepted bid shall be used as the basis for preparing the estimates and each partial payment shall represent the total value of all units of work completed, computed at the unit prices stated in the Contract, less the aggregate of previous payments.
2. PAYMENTS WITHHELD
The Engineer may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate for payment to the extent necessary to protect the Town from loss on account of defective work not remedied. Any such withholding shall not result in any liability to the Contractor for damages.
3. CHANGES IN WORK
a. Lump Sum Contract
The Town, without invalidating the Contract, may order extra work or make changes by altering, adding to, or deducting from the Work, the Contract Sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract, except that any claim for modification of the Contract Time caused thereby shall be adjusted at the time of ordering such change.
(1) The Engineer shall have authority to make minor changes in the Work by verbal order when such changes do not involve extra cost and are not inconsistent with the purpose of the project. Otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order from the Town signed or countersigned by the Engineer, or a written order from the Engineer, and no claim for an addition to the Contract Sum shall be valid unless so ordered.
(2) The value of any such extra work or change shall be determined in one or more of the following ways: (a) by estimate and acceptance in a lump sum or (b) by actual cost and fixed fee.
(3) If none of the aforementioned methods is agreed upon the Contractor shall proceed with the work provided the Contractor receives an order as above. In such case, the Contractor shall keep and present in such from as the Engineer may direct, a correct account of the cost, together with vouchers. The Engineer shall certify to the amount due to the Contractor, including a reasonable lump sum allowance for overhead and profit. Pending final determination of value, payments on account of changes shall be made on the Engineer's certificate. A complete accounting of the extra cost shall be made within fifteen (15) days after completion of the work involved in the claim.
b. Unit Price Contract
The estimated quantities of work to be done and materials to be furnished under this Contract, shown in any of the documents, including the Proposal, are given only for use in evaluation of bids, and to indicate approximately the total amount of the Contract. The right is expressly reserved, except as may be otherwise specifically limited, to increase or decrease such quantities as may be deemed reasonably necessary or desirable by the Engineer to complete the Work covered by this Contract, and such increase or decrease shall in no way invalidate claims or liability for damages, except as provided for adjustment of the time for performance. The further right is reserved, except as may be otherwise specifically limited, to add work that is not covered by unit prices in the Contract Documents and that may be deemed reasonably necessary or desirable by the Town to complete the Work covered by this Contract. The value of such added work shall be established by one of the methods provided hereinbefore for Lump Sum Contract. The adjustment or time for performance shall be adjusted at the time of ordering the changes.
4. CLAIMS FOR EXTRA COST
If the Contractor claims that any instructions, by drawings or otherwise, involve extra cost under this Contract, the Contractor shall give the Engineer written notice thereof within fifteen (15) days after the receipt of such instruction, and in any event before proceeding to execute the work (except in emergency endangering life or property), and the procedure shall then be as provided for Changes in Work. No such claim shall be valid unless so made.
5. RELEASE OF LIENS
The Town, before making any payment including the final payment, if the Town deems such procedure necessary to protect the Contractor's interests, may require the Contractor to furnish a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and if required in either case, an affidavit that so far as the Contractor has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed. The Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Town, to indemnify him against any lien. If any lien remains unsatisfied after all payments have been made, the Contractor shall refund to the Town all money that the latter may be compelled to pay in discharging such lien. However, the Town may make payments in part or in full to the Contractor without requiring the releases or receipts, and the payments so made shall not impair the obligations of any Surety or Sureties on any bond or bonds furnished under this Contract.
6. STIPULATED PRICES
The term “STIPULATED PRICE ITEM” means and includes an item of Work, unanticipated at the time of issuance of the solicitation for a Bid and determined to be executed, based on the actual field conditions during the progress of Work under the contract, mutually by the Engineer and the Contractor. The Unit Price for the “STIPULATED PRICE ITEM”, as identified in the “Stipulated Price Items” section of the Bid Form, is predetermined by the Town as the current reasonably workable rate for the Item inclusive of all necessary labor, equipment, materials, overheads (provision and installation), and the contractor’s profit. Work on the “STIPULATED PRICE ITEM” shall be carried out either at the written request of the Contractor followed by a written approval by the Engineer or at the written order by the Engineer to the Contractor. The payment for a “STIPULATED PRICE ITEM” shall be made by the Town to the Contractor at the related Unit Price specified in the ‘Stipulated Price Items’ section of the Bid Form on the same basis as the payment for any other regular Bid Item.
The Contractor shall start work on each assigned project within thirty (30) calendar days of receipt of the Town’s approved Purchase Order (PO) and Notice to Proceed (NTP) unless the Town approves in writing a date beyond the thirty (30) day time frame. Once the project is initiated, the Contractor shall diligently place all efforts to complete the project as per the terms of this contract and the NTP issued by the Town.
Allowable calendar days for completion of the work shall be determined on a project by project basis. Scheduling the work shall be the sole responsibility of the Contractor. The Town will not allow time extensions for the normal and seasonal weather conditions considered typical for a given month in accordance with the National Oceanic and Atmospheric Administration.
During the performance of the work, the Contractor shall identify and report the causes for any delays attributable to the conditions deemed to be beyond the Contractor's control. These causes shall be identified in terms of operations affected and significant dates that encompass the periods of delay. The Contractor shall submit such information to the Town within seven (7) calendar days of determining the need for delay, to make an evaluation of the claim for delay.
(a) The recipient or subrecipient must perform a cost or price analysis for every procurement transaction, including contract modifications, in excess of the simplified acquisition threshold. The method and degree of analysis conducted depend on the facts surrounding the particular procurement transaction. For example, the recipient or subrecipient should consider potential workforce impacts in their analysis if the procurement transaction will displace public sector employees. However, as a starting point, the recipient or subrecipient must make independent estimates before receiving bids or proposals.
(b) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that the costs incurred or cost estimates included in negotiated prices would be allowable for the recipient or subrecipient under subpart E of this part. The recipient or subrecipient may reference its own cost principles as long as they comply with subpart E of this part.
(c) The recipient or subrecipient must not use the “cost plus a percentage of cost” and “percentage of construction costs” methods of contracting.
Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bid mistakes, shall be permitted. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the Town or fair competition shall be permitted. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the Procurement Officer. No bid may be withdrawn when the result would be to award the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent (5%). If a bid is withdrawn, the lowest remaining bid shall be deemed to be the low bid. If the Procurement Officer, the Using Department, or a designee of such, denies the withdrawal of a bid, they shall notify the bidder in writing stating their decision.
A. Each Bidder must acquaint themself thoroughly as to the character and nature of the Work to be done. Each Bidder furthermore must make a careful examination of the site of the Work and inform himself fully as to the difficulties to be encountered in the performance of the Work, the facilities for delivering, storing and placing materials and equipment, and other conditions relating to construction and labor.
B. Except where subsurface and/or latent conditions at the site are determined in accordance with Section C, 4.5 (1) of the Public Works Department General Terms & Conditions to be materially different than those shown on the drawings or indicated in the contract documents, the Successful Bidder, assumes all risk as to the nature and behavior of the soil or subsurface conditions which underlie the Work or is adjacent thereto, or difficulties that may be due to any unfavorable conditions that may be encountered in the Work, whether apparent on surface inspection or disclosed after construction begins.
C. No plea of ignorance of conditions that exist prior to submission of bids, or may hereafter exist on the site of the Work subsequent to the Notice to Proceed, or difficulties that may be encountered in the execution of the Work, as a result of failure to make necessary investigations and examinations, will be accepted as an excuse for any failure or omission on the part of the successful Bidder to fulfill in every detail all the requirements of the Contract Documents and to complete the Work for the consideration set forth therein, or as a basis for any claim whatsoever.
D. Insofar as possible, the Successful Bidder, in carrying out his Work, must employ such methods or means as will not cause interruption of or interference with the Work of the Owner or any separate contractor.
Town staff will inspect all Contractors’ work under this contract, and will withhold payment for any work performed which is considered not in accordance with the plans and specifications. Payments withheld for this reason will be released upon receipt of the satisfactory evidence (site inspection by Town Inspector) that the work has been corrected to the Town's satisfaction. Inspections by the Town staff will occur within fourteen (14) days of completion of work by the Contractor; and any necessary corrections to the work shall be completed by the Contractor within seven (7) days of notice to Contractor at no additional cost to the Town. Failure of the Contractor to correct any deficiency within the seven (7) day period shall result in a reduction from the amount of payment due for the work in an amount equal to that portion of the work found deficient. Repeated violations of this provision may result in contract termination.
The Town of Vienna is exempt from the payment of federal excise or state sales taxes on all tangible, personal property for its use or consumption except taxes paid on materials that will be installed by the bidder and become a part of real property.
If a bidder is bidding on materials that require installation by the bidder and become a part of real property, the applicable taxes shall be included in the lump sum bid price for the installation of the material and not as a separate charge for taxes. The taxes shall be an obligation of the successful bidder and not of the Town, and the Town shall be held harmless for same by the successful bidder.
The Purchasing Office will furnish a Tax Exemption Certificate (Form ST-12) upon request and if applicable to this contract.
When a bidder lists a separate tax charge on the Bid Table and the tax is not applicable to the purchase by the Town, the bidder will be allowed to delete the tax from its bid.
(a) The Federal agency or pass-through entity may review the technical specifications of proposed procurements under the Federal award if the Federal agency or pass-through entity believes the review is needed to ensure that the item or service specified is the one being proposed for acquisition. The recipient or subrecipient must submit the technical specifications of proposed procurements when requested by the Federal agency or pass-through entity. This review should take place prior to the time the specifications are incorporated into a solicitation document. When the recipient or subrecipient desires to accomplish the review after a solicitation has been developed, the Federal agency or pass-through entity may still review the specifications. In those cases, the review should be limited to the technical aspects of the proposed purchase.
(b) When requested, the recipient or subrecipient must provide procurement documents (such as requests for proposals, invitations for bids, or independent cost estimates) to the Federal agency or pass-through entity for pre-procurement review. The Federal agency or pass-through entity may conduct a pre-procurement review when:
(1) The recipient's or subrecipient's procurement procedures or operation fails to comply with the procurement standards in this part;
(2) The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition, or only one bid is expected to be received in response to a solicitation;
(3) The procurement is expected to exceed the simplified acquisition threshold and specifies a “brand name” product;
(4) The procurement is expected to exceed the simplified acquisition threshold, and a sealed bid procurement is to be awarded to an entity other than the apparent low bidder; or
(5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold.
(c) The recipient or subrecipient is exempt from the pre-procurement review in paragraph (b) of this section if the Federal agency or pass-through entity determines that its procurement systems comply with the standards of this part.
(1) The recipient or subrecipient may request that the Federal agency or pass-through entity review its procurement system to determine whether it meets these standards for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding and third-party contracts are awarded regularly.
(2) The recipient or subrecipient may self-certify its procurement system. However, self-certification does not limit the Federal agency's or pass-through entity's right to review the system. Under a self-certification procedure, the Federal agency or pass-through entity may rely on written assurances from the recipient or subrecipient that it is complying with the standards of this part. The recipient or subrecipient must cite specific policies, procedures, regulations, or standards as complying with these requirements and have its system available for review.
A. Bidders and Sub-bidders shall promptly notify the Owner of any ambiguity, inconsistency or error which they may discover upon examination of the Bidding and Contract Documents or of the site and local conditions. No interpretation of the meaning of the drawings, specifications or other contract documents will be made to any Bidder orally.
B. Every request for such interpretation should be in writing and submitted through the Town's eProcurement Portal Q&A function or emailed to jerry.amacker@viennava.gov. To be given consideration must be received by 10:00 am on Tuesday, May 12, 2026
C. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Bidding Documents which, if issued, will be via the Town’s eProcurement Portal in the same location as the bid documents, no later than three (3) calendar days prior to the date fixed for the opening of bids. The Owner will not be responsible for any other explanations or interpretations of the proposed documents. Failure of any Bidder to receive any such addendum or interpretation shall not relieve any Bidder from any obligation under their bid as submitted. All addenda so issued shall become part of the Contract Documents.
D. If the Bidder (or any person bidding to Bidder and/or subsequently in contract with the Bidder, relating to the subject project) knows, or should have known, that an ambiguity, discrepancy, error, omission or conflicting statement exists in the Bidding or Contract Documents, said Bidder (or sub-bidder) has an obligation to seek a clarification thereof from the Owner prior to bid. The Owner will welcome such a clarification request, and, if deemed necessary by the Owner, the Owner will issue a written addendum clarifying the matter in question. Should the Bidder fail to seek such a clarification prior to bid, Bidder thereby assumes the risk of loss related to such ambiguity, discrepancy, error, omission or conflicting statement which the Bidder (and any person bidding to Bidder and/or subsequently in contract with Bidder, relating to the subject project) knew or should have known existed at the time of bid.
E. Each Bidder shall ascertain prior to submitting their bid that they have received all Addenda issued, and they shall acknowledge receipt of said addenda during the bid submittal process in OpenGov.
a) Unless otherwise provided in the 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 Town of Vienna, in its sole discretion, determines to be equal to that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.
b) The bidder/offeror is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalogs and technical details to enable the Town of Vienna 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 non-responsive. 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.
c) It shall be understood that the burden of proof for an “equal” product shall be and remain the sole responsibility of the bidder. The Town’s decision of approval or disapproval of a proposed alternate shall be final. Nothing herein is intended to exclude any responsible bidder, its product or service or in any way restrain or restrict competition.
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold ($250,000), the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or passthrough entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The ‘‘bid guarantee’’ must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.
(b) A performance bond on the part of the contractor for 100 percent of the contract price. A ‘‘performance bond’’ is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A ‘‘payment bond’’ is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
Contractor shall have the ability at all times to furnish two (2) complete, qualified pipe laying crews for the simultaneous performance of each issued purchase order at such times and for such duration as may be specified by the Town. A qualified pipe laying crew shall consist of a foreman, operator(s), pipe layer, tailman and laborer. The Foreman shall have at least five (5) years of experience in the installation and maintenance of water mains and shall have been in charge of installing at least 10,000 linear feet of ductile iron pipe up to and including 12-inches in diameter.
The following bonds or surety shall be delivered to the Procurement Officer within ten (10) days of notification of award and PRIOR to the commencement of any work and shall become binding on the parties upon the execution of the Contract:
A performance bond satisfactory to the Town, executed by a surety company authorized to do business in Virginia or otherwise secured in a manner satisfactory to the Town, for the faithful performance of the Contract in strict conformity with the plans, specifications and conditions of the Contract Documents. The bond shall be in an amount equal to 100% of the price specified in the contract; and a payments bond satisfactory to the Town, executed by a surety company authorized to do business in Virginia or otherwise secured in a manner satisfactory to the Town, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the Contract Documents. Labor and materials shall include public utility services and reasonable rentals of equipment, but only for the periods when the equipment rented is actually used at the site. The bond shall be in an amount equal to 100% of the price specified in the contract.
A prime contractor shall not be precluded from requiring each subcontractor to furnish a payment bond with surety thereon in an amount equal to 100% of the contract with such subcontractor.
1. The period of this contract shall be from the date of award and shall be in effect for one (1) full year from that date. This shall be considered the base year. Thereafter, this contract may be renewed, yearly, for up to four (4) additional years. This contract may not be renewed at the expiration of its term.
2. Multiyear contracts may be continued each fiscal year only after funding appropriations have been granted by the Town Council. In the event that the Town Council does not grant necessary funding, then the affected multiyear contract can, upon mutual agreement, be continued as specified until funding becomes available.
Normal working hours are 7:00 AM – 4:30 PM Monday through Friday. Work is prohibited on Saturday, Sundays, and Town holidays. Work within a major Town Right-of-Way shall not commence before 9:30 AM and must be completed and cleared prior to 3:00 PM. The work hours allowed in the Town and VDOT Right-of-Way may vary for individual project assignments. Allowable work hours will be determined by the Town for each individual project assignment and communicated to the Contractor prior to NTP.
Samples, if required, must be furnished free of expense to the Town of Vienna on or before date specified; if not destroyed in examination, they will be returned to bidder, if requested, at their expense. Each sample must be marked with the bidder's name and address, Town's request number and opening date. DO NOT ENCLOSE IN OR ATTACH BID TO SAMPLE.
Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Unit prices bid shall include excavations to a maximum depth of seven (7) feet to the invert of the pipe with standard bedding. If over-excavation is required, payment will be in accordance with the contract unit price for over-excavation. Payments will be based on actual site measurements taken by Town personnel using the contract unit prices.
Bidders shall indicate in the Attachment A - Bid Form their pricing for the various material and services required under this contract in the following categories:
I. Water Main Work (Including All Materials)
A. Water Mains
Unit prices for various type, class and size of water main shown on the bid proposal shall be measured in linear feet along the pipe center line and shall include the length of fittings and vales. Work shall comply with the construction standards and include the following items.
B. Insertion Valves
C. Connecting to Existing Mains
D. Miscellaneous
Pavement, pavement markings, concrete work including curb cuts, sod restoration and watering shall be shall be accounted for in Section III of the Attachment A, Bid Form.
II. Water Services
III. Related Work
Includes all related work in conjunction with this contract such as pavement restoration, removing and replacing concrete curbs and gutters, curb cuts, and other work performed. The Contractor shall provide all the necessary material. The Contractor’s limits of responsibility and type of pavement restoration may vary for individual project assignments. All pavement restoration work to be completed by others will be determined by the Town and communicated to the Contractor. The Contractor shall maintain the backfilled area and asphalt patch in proper condition for a period of one year after final acceptance of the project. All defects shall be promptly corrected. If the Contractor fails to do so within a reasonable time after the receipt of written notice from the Engineer, the County may correct any dangerous condition at the Contractor’s expense.
The contract unit price for test pits shall apply in the following cases, upon approval of the Town. Test pits shall not apply to utility connections to properties such as gas services, water services and sanitary laterals. Restoration shall be compensated for at the applicable unit prices under this contract:
IV. Unlisted Work
Work required under this contract that is not on an emergency basis and is not listed under section I, II, III, V, or VI of this Contract shall be covered under this section. All work under this section shall require a written estimate from the Contractor using the bid hourly rates. Materials will be furnished by the Town when available. When the Contractor supplies materials, the Town shall reimburse the contractor for actual cost.
The Bidder shall submit pricing for unlisted work that includes schedule of equipment and labor rates in the space provided in Section IV of the Bid Form. Unlisted work is limited to the bid items included in Section IV and shall not cover incidental unit price items not anticipated in the bid or operational cost incurred by the Contractor. Unlisted work shall not cover temporary items such as blowoff valves required for the construction or testing of water mains. The unit price of all temporary construction items shall be incurred by the Contractor.
V. Emergency Work
The Bidder shall submit pricing for emergency work that includes schedule of equipment and labor rates in the space provided in Section V of the Attachment A - Bid Form.
Upon award of the contract, the Contractor shall submit a contact list with names and phone numbers of key personnel to be contacted if emergency work is required. In an emergency, material used to repair water mains will be provided, when available, by the Town from its
Northside Property Yard, located at: 600 Mill St., NE, Vienna, VA 22180
The Contractor shall respond to Town’s request for the emergency work within four (4) hours of receipt of such request, unless otherwise specified in such request. Town staff authorized to request emergency work from the Contractor will be identified at the contract start-up meeting.
The Contractor will be compensated for the Emergency Work requested by, and performed to the satisfaction of, the Town’s DPW at the contract unit prices and contract rates identified in Section V of the Attachment A, Bid Form.
Work most likely will involve long hours and include weekends. Bid labor rates shall be fully loaded to reflect Contractor’s cost.
The Contractor shall make available to the Town, on a 24-hour basis during the Contract Period, such portion of his labor force, materials and equipment as may be required by the Town for the purpose of making, or assisting in, repairs to water mains and other facilities owned and operated by the Town. The Engineer will obtain the utility mark off approval and direct the contractor about the specific site's MOT requirements and determine the intended location to excavate to make the repair.
A. Mobilization And Demobilization
Mobilization requires the Contractor to be onsite to respond to emergency water main repairs within 4 hours of receipt of request from the Town. Mobilization and demobilization for emergency water main repairs shall be paid for per event. This pay item shall include travel time of all personnel and equipment, as needed, to accomplish the work. This pay item also includes demobilization from the site upon completion of the emergency response.
Dewatering and Discharges
All dewatering operations shall comply with the Town’s VSMP Municipal Separate Storm Sewer System (MS4) Permit. All dewatering operation shall be conducted in a manner that prevents or minimizes the amount of sediment or other pollutants which discharge to the Town storm sewer system, which includes curb and gutter, or any open watercourse. At least one of the Contractors' on-site field representative should possess at least the basic stormwater certification issued by Virginia DEQ. Providing evidence of this certification will be a requirement of the bid document submittal. Any discharge from dewatering operations shall be properly filtered prior to being discharged. Dewatering is frequently required with this contract and special attention is required by the Contractor to assure that all discharge is properly filtered with filter bags on the discharge hose as well as adequate inlet protection and sediment traps. Dewatering activities shall not create any erosion nor flooding.
Contractor is responsible for dechlorinating all water — regardless of the chlorine concentration prior to discharging. No potable water shall be discharged to the environment or the storm sewer system until complete dichlorination has been achieved. Contractor shall conduct testing on-site to confirm that chlorine has been removed from any water discharged to the environment or storm sewer. Super chlorinated water which has been used to disinfect the system, or any water which exceeds the generally prevailing chlorine concentration in the system (measured as less than 4 mg/L), shall be discharged to the sanitary sewer system after submittal and approval of a discharge plan. The discharge plan shall document at a minimum:
a. the receiving sanitary sewer manhole,
b. the anticipated rate and duration of discharge,
c. plans to prevent any hydraulic connection between wastewater and the water distribution system (backflow prevention or an adequate air-gap),
d. listing of methods and equipment to be used,
e. accommodations to maintain vehicular and pedestrian traffic during the operation.
Discharge of water to the sanitary sewer shall not occur without the Town present and shall be conducted only after careful disinfection of all components connected to the water system.
Hydrostatic Pressure and Leakage Testing
All water mains shall be tested for leakage per the CPM in the presence of a Town Inspector. A maximum of 2,500 linear feet of water main may be tested at one time, unless otherwise approved by the Inspector. The pipeline shall be filled with water in accordance with Section 02513 of the CPM for a minimum 24 hours immediately prior to rest for leakage. The piping shall be tested under a hydrostatic pressure of 150 psi or greater. All pressure test result submittals in accordance with Section 02514 of the CPM shall be reported to the Town for final approval.
Disinfection and Bacteriological Sampling
Disinfection of water mains shall be completed in accordance with the CPM, AWWA Standard C651 and the Commonwealth of Virginia/State Board of Health Waterworks Regulations. The Town Inspector shall be present during this procedure.
Precautions: Precautions shall be taken to assure that air pockets are eliminated. Water shall remain in the pipe for at least 24 hours, if the water temperature is less than 41° F (5° C), the water shall remain in the pipe for at least 48 hours. Valves shall remain closed so that the strong chlorine solution in the main being disinfected shall not flow into water main in active service. Contractor is responsible for dechlorinating all water — regardless of the chlorine concentration prior to discharging in accordance with this specification, the Town’s VSMP Municipal Separate Storm Sewer System (MS4) Permit, and AWWA Standards C651 and C655.
After chlorination, hydrostatic testing, and final flushing, and before the water main is placed in service, samples shall be collected from the main and tested for enteric bacterial contamination and shall show the absence of coliform organisms. In accordance with the Virginia State Board of Health “Water Works Regulations” and AWWA Standard C651, at least two (2) sets of consecutive satisfactory bacteriological samples shall be obtained from the distribution system before the system can be placed into service.
Samples shall be collected in one of the following manners:
a. At all accessible locations not exceeding 1,200 feet apart in the line downstream from where the pipe was filled with water. After the initial samples are taken, resample after 16 hours.
-OR-
b. At all accessible locations not exceeding 1,200 feet apart in the line downstream from where the pipe was filled with water. Allow main sit for 16 hours without water movement, then take first set of samples with a second set of samples after a 15- minute waiting period.
All costs, equipment, labor, and testing laboratory fees and coordination shall be the responsibility of the Contractor. All testing shall be completed at a Virginia Department of Health state certified water lab. The Contractor shall provide the Town with all Disinfection and Bacteriological Sampling test results for final approval.
Soil Compaction Testing
Compaction testing by an independent testing laboratory shall be provided. At least one compaction test shall be made for each 250 linear feet of pipeline installed. Test location and depth will be as directed by the Town or VDOT. Testing shall be continued along the backfill benching so as not to delay pipe laying activities. All backfill shall be compacted, tested, and approved by a geotechnical engineer licensed in Virginia. Compaction test results shall be submitted to the Town for final approval. Soil Compaction Test shall be accounted for in Section III of the Attachment A, Bid Form.
On-call Licensed Plumber
The contractor shall hire a licensed plumber as directed by the Town in cases where water main work impacts private plumbing. The Town will reimburse the contractor for agreed upon time and materials.
As-Built Sketch
Upon completion of the construction and prior to the release of final payment by the Town, the Contractor shall submit and obtain approval of an as-built sketch. An as-built sketch may be a diagram clearly marked up to show the placement and details of all new and existing water mains and appurtenances impacted by the extent of the work. The following items shall be included as applicable, in addition to all field improvements:
Upon acceptance of the as-built plans by the Town, final payment shall be released.
Work Site Damages
Any damage to property, whether owned by the Town or others, resulting from work performed under this Contract shall be repaired or replaced to the Town's satisfaction at the Contractor's expense.
Cleaning Up
The Contractor shall remove, as frequently as necessary, all refuse, rubbish, scrap materials and debris from the site to the extent they are the result of the Contractor's operations to the end that the site of the work shall present a neat, orderly, and workmanlike appearance at all times. At completion of the work, but before final acceptance, the Contractor shall remove all surplus material, falsework, temporary structures including foundations thereof, and debris of every nature resulting from the Contractor's operations or resulting from any activity on the site related to the Contractor's operations and put the site in a neat, orderly condition; if the Contractor fails to do so, the Town shall have the right to remove the surplus material, falsework, temporary structures including foundations thereof, and debris, put the site in a neat, orderly condition, and charge the cost to the Contractor. The Town shall be entitled to offset such cost against any sums owed by the Town to the Contractor under this Contract.
The time for completion of this Contract and liquidated damages for non-completion within the stipulated time shall be as fixed in the Owner-Contractor Agreement.
Trade secrets or proprietary information submitted by an Offeror in response to this Request for Proposal shall not be subject to public disclosure under the Virginia Freedom of Information Act (FOIA); however, the Offeror must invoke the protection of this section prior to or upon submission of data or materials to be protected and state the reasons why protection is necessary (Section 2.2-4342F of the Code of Virginia).
The site of the proposed Work may vary between public and private land or be situated on a combination of the two property types. Site locations may include public streets, easements and/or other right-of-ways, as shown on the drawings.
Bids must show number of days required to place material in using agency's receiving area under normal conditions.
Failure to state delivery time obligates bidder/offeror to complete delivery in fourteen (14) calendar days or as specified. A five (5) day difference in delivery promise may break a tie bid. An unrealistically short or long delivery promise may cause a bid/offer to be disregarded. Consistent failure to meet delivery promise without valid reason may cause removal from bid list. Delivery shall be made during normal working hours, 8:00 am to 4:30 pm Monday through Friday, unless prior approval for another time period has been obtained from Consignee.
In case of failure to deliver goods/services in accordance with the contractual terms and conditions, the Town of Vienna, Virginia, after due oral or written notice, may procure them from other sources and hold the defaulting Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Town of Vienna may have.
The Successful Bidder will be required to carry public liability and workmen’s compensation and other insurance in the amounts and under the terms stipulated under Section E, 6.47 of the General Conditions.
A. The attention of Bidders is called to the provisions of all Municipal, County and State laws, regulations, ordinances and resolutions, including but not limited to, the Virginia Human Rights Act; the Equal Opportunity, Small and Minority Business Enterprises and the Construction Safety Resolutions; as well as laws, regulations, ordinances, resolutions and permits relating to obstructing streets, maintaining signals, storing and handling of explosives, or affecting the Bidder, or their employees or their Work hereunder in their relation to the Owner or any other person. The Bidder shall obey all such laws, regulations, ordinances, permits or resolutions controlling or limiting Contractors while engaged in the prosecution of Work under this Contract.
B. The provisions of this Contract shall be interpreted in accordance with the laws of Virginia and in accordance with the laws, ordinances, regulations, permits and resolutions of the Town of Vienna.
The Contract may be terminated by the Town for any one of the following reasons:
a) If the successful bidder should be adjudged bankrupt, or make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of the successful bidder’s insolvency, or if the successful bidder should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to deliver the goods or services within the time specified, or if the bidder otherwise defaults, then the Town may without prejudice to any other right or remedy, and after giving the successful bidder seven (7) calendar days written notice, terminate the employment of the successful bidder and procure such goods or services from other sources. In such event, the successful bidder shall be liable to the Town for any additional cost occasioned by such failure or other default.
b) In such cases, the successful bidder shall not be entitled to receive any further payment if the expense of finishing the contract requirements, including compensation for additional; managerial and administrative services shall exceed the unpaid balance of the contract price, the successful bidder shall pay the difference to the Town.
c) If the successful bidder should fail to make prompt payment to Subcontractor(s) for material or labor, persistently disregards laws, ordinances or the instruction of the Town, or otherwise be in substantial violation of any provisions of the Contract;
d) Failure of the Contractor to promptly make good any defects in materials or work or any defects of any other nature, the correction of which has been directed in writing by the Town;
e) Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the Town in the construction of work under contract.
f) Prior to termination of the Contract, the successful bidder and their Surety shall be notified in writing by the Town of the condition which makes termination of contract imminent. Ten (10) days after this notice is given, if a satisfactory effort has not been made by the successful bidder or their Surety to correct the conditions, the Town may declare the Contract terminated and notify the successful bidder and their Surety accordingly.
g) Upon receipt of notice of contract termination, the successful bidder shall immediately discontinue all operations. The Town may then proceed with the work in any lawful manner that they may elect until the project is final and complete.
h) The Town reserves the right to take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method is deemed expedient. In such case, the successful bidder shall not be entitled to receive any further payment. If the expense of finishing the work, including compensation for additional managerial and administrative services, shall exceed the unpaid balance of the contract price, the successful bidder shall pay the difference to the Town. The expense incurred by the Town as herein provided, and the damaged incurred through the Contractor’s default, shall be certified by the Town.
i) Termination of the contract under this section is without prejudice to any rights or remedies of the Town.
j) The Town reserves the right to cancel and terminate any resulting contract, in whole or in part, without penalty, upon 60 days written notice to the Contractor/ Consultant. Any contract cancellation notice shall not relieve the Contractor/Consultant of the obligation to delivery and/or perform on all outstanding services performed prior to the effective date of cancellation.
k) Notwithstanding anything to the contrary contained in the contract between the Town and the successful bidder, the Town may, without prejudice to any other rights it may have, terminate the contract for convenience and with cause, by giving thirty (30) days written notice to the successful bidder.
1) In the event the Contract is terminated for cause related to the Contractor/Consultant’s (or its Subcontractor’s) hiring of unauthorized aliens, Contractor/Consultant, Contractor/Consultant hereby waives any claim to lost profits and the Town will proceed in accordance with subsections f) et seq. above.
All applicable Federal, State and Local Taxes shall be included in the Bidder’s proposal.
All items bid/proposed shall be new and in first class condition, including containers suitable for shipments and storage, unless otherwise indicated in bid invitation/proposal request. Verbal agreements to the contrary will not be recognized.
No substitutions or cancellations permitted without prior written approval by the Procurement Officer.
The Owner expressly reserves the right to reject any or all bids, to waive any informalities or irregularities in the bids received, and to accept that bid which in its judgment, best serves the interest of the Owner.
A. Unless otherwise provided in the Contract Documents, the naming of a certain brand, make, manufacturer or article, device, product, material, fixture, form or type construction by name, make or catalog number, shall convey the general style, type, character and standard of quality of the article desired and shall not be construed as limiting competition. Any Bidder, in such cases, may, with Owner approval, use any article, device, product, material, fixture, form or type of construction which in the judgment of the A/E and Owner is equal to that specified considering quality, workmanship, economy of operation, suitability for the purpose intended, and acceptability for use on the project. Approval by the Owner prior to bid opening will be in the form of an Addendum to the Specifications issued to all prospective Bidders indicating that the additional makes or brands are equivalent to those specified.
B. Equal Products and Substitutions Prior to Bid Opening
1. To obtain such approval on makes or brands of material other than those specified in Contract Documents, the Bidder shall submit their requests with adequate supporting technical data, as required below, via the Town's eProcurement Portal Q&A feature by 10:00 am on Tuesday, May 12, 2026.
2. The Bidder’s request for approval of any equal product or substitution shall include:
a. Itemized comparison of proposed equal product or substitution with product or method specified;
b. Product identification, including manufacturer’s name, street address, email address if applicable and phone number;
c. Manufacturer’s literature showing complete product description, performance and test data, and all reference standards;
d. Samples and colors in the case of articles or products;
e. Name and address of similar projects on which the product was used and date of installation;
f. For construction methods, include a detailed description for proposed method and drawings illustrating same, and
g. A certification form, notarized prior to bid, entitled “Bidder’s Request for Equal Product or Substitution and Bidder’s Representations”, contained in the Form of Bid. If approved by an Addendum, said form shall be resubmitted by the Bidder and all other Bidders that desire to use the same product or substitution in their Bid packages, at the time of bid.
C. The decision of the Owner regarding the approval of items as equal products or substitutions will be final.
D. No change in brand or make from the originally specified item or approved equal product or approved substitution will be permitted unless satisfactory written evidence is presented to the A/E and approved by the Owner that the manufacturer cannot make scheduled delivery of the approved item.
E. The Bidder may request approval for equal products or substitutions after award of the Contract in accordance with the provisions of 6.10 of the General Terms & Conditions.
F. Equal products or substitutions will not be considered for approval by the Owner prior to or after award of the Contract if acceptance of the proposed equal product or substitution will require substantial design revisions to the Contract Documents or is otherwise not acceptable to the Owner or A/E.
G. Equal products or substitutions will not be considered for approval by the Owner after award of the Contract if the proposed item is indicated or implied on shop drawings or product data submittals and has not been formally submitted for approval by the Bidder in accordance with the above-stated requirements.
H. Bidders, other than the bidder who requested a particular equal product or substitution, that choose to utilize that equal product or substitution, as approved by addendum, shall comply with the submittal requirements of Section A 2.18 subparagraph B.2.g herein. All provisions herein and in the General Conditions regarding the use of said equal product or substitution shall apply to all Bidders who choose to utilize said equal product or substitution.
The Town reserves the right to accept or reject all or any part of bids/proposals, waive minor technicalities/informalities and award the contract to the lowest responsive and responsible bidder or most qualified and best suited offeror to best serve the interest of the Town.
a) If all bids received exceed the available funds for the proposed purchase, the Town, pursuant to Town Code provisions, may meet with the lowest responsive and responsible bidder to discuss a reduction in the scope for the proposed purchase and negotiate a contract price within the available funds.
b) After bid negotiations, the lowest responsible bidder shall submit an addendum to its bid, which addendum shall include the change in scope for the proposed purchase, the reduction in price and the new contract value.
c) If the proposed addendum is acceptable to the Town, the Town may award a contract within funds available to the lowest responsible bidder based upon the bid as amended by the addendum.
d) If the Town and the lowest responsible bidder cannot negotiate a contract within available funds, all bids shall be rejected.
A. Bids shall be submitted via the Town's eProcurement Portal, and shall be complete in every respect. The total bid amount shall be entered in the appropriate spaces provided. Where applicable, the unit price or lump sum items, and their extensions, shall be entered in figures in the respective columns provided for each bid item. All entries shall be made in the Bid Table section of the eProcurement Portal. A failure to comply with this requirement may be cause for disqualification of the bid.
B. For Unit Price bids, in the event of any discrepancies between the unit prices and the extensions thereof or the total bid amount, the unit prices shall govern. Quantities listed in the Bid Table are an estimation of work only and not a guarantee. Quantities may be greater or less than stated in any given year.
C. Bids shall not contain any restatement or qualifications of Work to be done. Alternate bids will not be considered unless specifically called for. No oral, telegraphic or telephonic bids, or modifications will be considered.
D. Bidder shall complete the Vendor Questionnaire in its entirety.
E. The Bidder will complete the Bid Table in its entirety.
a) Goods and services must be delivered and rendered strictly in accordance with this bid and shall not deviate in any way from the terms, conditions, prices, quality, quantity, delivery instructions, and specifications of this bid.
b) All goods and/or services delivered and/or rendered shall comply with all applicable federal, state, and local laws, and shall not infringe any valid patent or trademark. The successful bidder shall indemnify, keep, save, and hold the Town, its officers and employees, harmless from any liability for infringement and from any and all claims or allegations of infringement by the bidder or the Town, its officers and employees, arising from, growing out of, or in any way involved with the goods delivered or services rendered pursuant to this purchase.
c) In the event that suit is brought against the Town, its officers and/or its employees, either independently or jointly with the bidder, the bidder shall defend the Town, its officers and employees, in any such suit at no cost to them. In the event that final judgment is obtained against the Town, its officers, and/or its employees, either independently or jointly with the bidder, then the bidder shall pay such judgment, including costs and attorneys fees, if any, and hold the Town, its officers and employees, harmless there from.
d) The successful bidder shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.
e) The successful bidder shall not, in its product literature or advertising, refer to this purchase or the use of the bidder’s goods or services by the Town of Vienna, Virginia.
f) The successful bidder shall cooperate with Town officials in performing the specified work so that interference with the Town’s activities will be held to a minimum.
A. A Bidder may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of Work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original Work papers, documents and materials used in the preparation of the bid sought to be withdrawn. The Bidder shall give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original Work papers with such notice.
Work papers, documents, and materials submitted in support of a withdrawal of bids may be considered as trade secrets or proprietary information.
B. Prior to the time and date designated for receipt of bids, any bid submitted may be modified or withdrawn by notice to the party receiving bids at the place designated for receipt of bids. Such notice shall be in writing over the signature of the Bidder.
C. Withdrawn bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with this Information for Bidders.
D. Bid security, if any is required, shall be in an amount sufficient for the bid as modified or resubmitted.
E. A decision denying withdrawal of bid pursuant to Section A, 2.19A herein shall be final and conclusive unless the Bidder institutes legal court action within ten (10) days after receipt of the decision.
F. If it is determined by the Courts that the decision refusing withdrawal of the bid was arbitrary or capricious, the sole relief shall be withdrawal of the bid and return of their bid security.
If the bidder submits alternate terms and conditions with the bid that do not conform to the terms and conditions in this solicitation, the bid is subject to rejection as non-responsive. The Town reserves the right to permit the bidder to withdraw nonconforming terms and conditions from its bid prior to a determination by the Town of non-responsiveness as a result of the submission of nonconforming terms and conditions.
(Code of Virginia Section 2.2-4312): During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibitions, (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 in accordance with the Virginia Public Procurement Act, 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.
The Town of Vienna does not discriminate against faith-based organizations as that term is defined in Virginia Code Section 2.2-4343.1.
Bidders taking exception to any part or section of this solicitation, including, by way of illustration and limitation, the Specifications, General Terms and Conditions, the Special Conditions, and any attachments or references hereto, shall upload their exceptions as a separate attachment in the Vendor Questionnaire # 13 "Other Documents." Failure to indicate any exceptions shall be interpreted as the bidder’s intent to fully comply with the solicitation as written. However, conditional or qualified bids with such exceptions, unless specifically allowed in the solicitation, are subject to rejection in whole or in part as non-responsive.
A. It shall be required that each bid submitted to the Town for a contract for construction, alteration, and/or repairs, including painting or decorating of a building, highway, street, bridge, sidewalk, culvert, sewer, excavation, grading, or any other construction, include a list of all the following actions which have become final in the three years prior to the bid submission:
1. Willful violations, violations for failure to abate, or repeated violations, for which the bidder was cited by (a) the United States Occupational Safety and Health Administration; (b) the Virginia Department of Labor and Industry; or (c) the occupational safety and health plan for any other state; or
2. Three (3) or more serious construction safety violations for which the bidder was cited by the (a) United States Occupational Safety and Health Administration; or (b) the Virginia Occupational Safety and Health Administration; or (c) the occupational safety and health plan from any other state.
3. Termination of a contract between the Contractor and the Town by the procurement officer or their designee for safety violations.
If the bidder has not received or been the subject of any such violations in the three (3) years prior to the bid submission, then the bidder shall so indicate by certification on the bid form entitled Certification of Safety Violations. The bidder will also indicate on this form each state in which Work was performed in the three (3) years prior to the bid submission.
B. No Town construction contract, as discussed above, may be bid on by any bidder or contractor who has been the subject of any citations for the type and number of violations listed in aforementioned paragraph A, which have become final within the three (3) years prior to the bid submission.
1. Notwithstanding the language of paragraph B, above, any bidder or contractor who has been the subject of a violation, as described heretofore in paragraph A, which has become final in the three (3) years prior to the bid submission, may bid, after a mandatory twelve (12) months from the date the violation became final, if the bidder or contractor meets the eligibility criteria set forth in paragraph D, below.
2. Notwithstanding the language of paragraph B, above, any bidder or contractor who has been the subject of the type and number of violations as described in paragraph A(2), which have become final within three (3) years prior to bid submission, may bid, after a mandatory waiting period of twelve (12) months from the date the last such violation became final, if the bidder or contractor meets the eligibility criteria in paragraph D, below.
3. Notwithstanding the language of paragraph B, above, any bidder or contractor who has previously been terminated from a Town contract, as described in paragraph A(3), within three (3) years prior to the bid submission, may bid, after a mandatory waiting period of twelve (12) months from the date of termination, if the bidder or contractor meets the eligibility criteria in paragraph D, below.
C. Prior to bidding on a project, under the provisions of paragraph B, above, a Contractor may request that a determination be made by the Town, regarding its eligibility to submit a bid on a contract under the terms of this resolution. However, this request for determination and any subsequent adjudication process must be completed prior to submitting a bid on any project and the request for determination must be received no later than twenty-one (21) days before bids are due unless otherwise stated in the Advertisement for Bid.
D. The criteria used by the Town in reviewing the corrective action taken by a bidder or Contractor to prevent the recurrence of safety violations shall include but not be limited to the following:
The determination rendered by the Town shall be final unless it is appealed in accordance with the provisions of the solicitation.
E. It shall be a condition of each Town construction contract, as discussed above, that no Contractor or Subcontractor contracting for any part of the contract Work shall require any laborer, mechanic, or other person employed in the performance of the contract to work in surroundings or under working conditions which are hazardous or unnecessarily dangerous to their safety as determined under construction safety standards promulgated by the U.S. Department of Labor or the Virginia Department of Labor and Industry.
F. No contractor awarded a Town construction contract shall knowingly employ or contract with any person, company, or corporation for services pursuant to that contract if such person, company or corporation could not have been awarded such contract due to the restrictions in paragraph B, above.
By entering into a contract, the bidder/offeror conveys, sells, assigns, and transfers to the Town of Vienna all rights, title and interest in and to all causes of the 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 Town of Vienna under said contract. Consistent and continued tie bidding could cause rejection of bids by the Procurement Officer and/or investigation for Anti-Trust violations.
The Contractor agrees to indemnify, defend and hold harmless the Town of Vienna, Virginia, its officers, agents, and employees from any claim, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor or any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the using department or to failure of the using department to use the materials, goods or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered. The vendor agrees to protect the Town from claims involving infringement of patent or copyrights.
Award may be made in the aggregate or separately for each PART identified in the Pricing Schedule. The Town reserves the right to award the contract in the aggregate, or by PART, and/or to make a Primary and Secondary and Tertiary award in the aggregate, or separately per PART, depending upon what the Town determines to be in its best interest.
A. The Procurement Officer or their designee, shall have the authority to waive informalities in bids, reject all bids, parts of all bids, or all bids for any one or more goods or services included in a solicitation when in their judgment the public interest may be served thereby. If separate bids are received for the same total amount or unit price (including authorized discounts and delivery times) and if the public interest will not permit the delay of re-advertisement for bids, the Procurement Officer or their designee, is authorized to award that is deemed to be in the best interest of the Town of Vienna.
B. The Lowest Bidders are determined by the aggregate amount of the unit prices set forth in the Form of Bid or the aggregate amount of the Base Bid, plus any Alternates selected by the Owner.
C. A Responsive Bidder shall mean a Bidder who has submitted a Bid which conforms, in all material respects, to the Bidding Documents.
D. A Responsible Bidder shall mean a Bidder who has the capability, in all respects, to perform fully the Contract requirements and the moral, ethical and business integrity and reliability which will assure good faith performance. In determining responsibility, the following criteria will be considered:
1. The ability, capacity and skill of the Bidder to perform the contract or provide the service required;
2. Whether the Bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;
4. The quality of performance during previous contracts or services. For example the following information will be considered:
a. The administrative and consultant cost overruns incurred by Owners on previous contracts with Bidder,
b. The Bidder’s compliance record with Contract General Conditions on other projects,
c. The submittal by the Bidder of excessive and/or unsubstantiated extra cost proposals and claims on other projects,
d. The Bidder’s record for completion of the Work within the Contract Time or within Contract Milestones and Bidder’s compliance with scheduling and coordination requirements on other projects,
e. The Bidder’s demonstrated cooperation with the Owner, A/E and other contractors on previous contracts,
f. Whether the work performed and materials provided on previous contracts was in accordance with the Contract Documents;
5. The previous and existing compliance by the Bidder with laws and ordinances relating to contracts or services;
6. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service;
7. The quality, availability and adaptability of the goods or services to the particular use required;
8. The ability of the Bidder to provide future maintenance and service for the warranty period of the contract;
9. Whether the Bidder is in arrears to the Town on debt or contract or is a defaulter on surety to the Town or whether the Bidder’s taxes or assessments are delinquent;
10. Such other information as may be secured by the Director of Public Works or their designee, having a bearing on the decision to award the contract, to include, but not limited to:
a. The ability, experience and commitment of the Bidder to properly and reasonably plan, schedule, coordinate and execute the Work,
b. Whether the Bidder has ever been debarred from bidding or found ineligible for bidding on any other projects.
E. The purpose of the above is to enable the Town of Vienna, in its opinion, to select the bid which is in the best interests of the Town. The ability of the low Bidder to provide the required bonds will not of itself demonstrate responsibility of the Bidder.
F. The Owner reserves the right to require from the Bidder: (1) financial statements indicating current financial status, prepared in accordance with generally accepted accounting principles, by a CPA licensed to do business in Virginia within seven (7) days of bid opening.
G. The Owner reserves the right to defer award of this contract for a period of sixty (60) days after the due date of bids. During this period of time, the Bidder shall guarantee the prices quoted in their bid.
If there is a tie for low bid and all other considerations are equal, and if the public interest will not permit the delay of re-advertising for bids, the award shall be determined by drawing lots in public.
A. Any Bidder who, despite being the apparent low bidder, is determined not to be a responsible Bidder for a particular Town contract shall be notified in writing by the Procurement Officer. Such notice shall state the basis for the determination, which shall be final unless the Bidder institutes legal court action within ten (10) days of receipt of the notice.
B. If it is determined by the Courts that the decision of the Procurement Officer, was arbitrary or capricious, or otherwise in error and the award for the particular Town contract in question has not been made, the sole relief available to the Bidder shall be a finding that the Bidder is a responsive or responsible Bidder for the Town contract in question. Where the award has been made and performance has begun, the Town may declare the contract void upon a finding that this action is in its’ best interest. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.
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 the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
A. Any Bidder or offeror may protest the award or decision to award a contract by submitting a protest in writing to the Procurement Officer or their designee, or other official designated by the Town of Vienna, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first; provided, however, that no protest shall lie for a claim that the selected Bidder or offeror is not a responsible Bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The Procurement Officer, shall issue a decision in writing within ten (10) days of the receipt of the protest stating the reasons for the action taken. This decision shall be final unless the Bidder or offeror institutes legal court action in the Town of Vienna within ten (10) days of receipt of the written decision.
B. If prior to award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Procurement Officer or their designee, shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be declared void by the Town. Where the award has been made and performance has begun, the Procurement Officer or their designee may declare the contract void upon a finding that this action is in the best interest of the Town. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.
C. Pending final determination of a protest, the validity of a contract awarded and accepted in good faith in accordance with this article shall not be affected by the fact that a protest or appeal has been filed.
D. An award need not be delayed for the period allowed a Bidder or offeror to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.
A. The Owner reserves the right to negotiate any bid which exceeds the funds available to perform the Work as follows:
If, upon review of the lowest responsible bid, it is determined, in writing, by the Director of Public Works or their designee that sufficient funds are not currently budgeted in the project to award this contract and it is in the Town’s best interest to proceed with the construction of the project without delay, the Director of Public Works or their designee may review the plans and contract documents to determine, in writing, possible areas of modification or reduction which can be made without significantly affecting the scope of the project. Upon determination that such areas may exist, the Director of Public Works or their designee shall notify the lowest responsive and responsible bidder of the Town’s decision to exercise its option under this provision and request an interview with the contractor or their designee. If a satisfactory bid price is obtained, the Town shall then enter into a contract as modified during the negotiation session(s).
B. If a satisfactory price cannot be agreed to, then negotiations shall be terminated, all bids rejected and, if the requirement is still valid, the project shall be re-advertised.
A contract shall not be assignable by the Contractor, in whole or in part, without the prior written consent of the Town of Vienna, Virginia.
The contract entered into by the parties shall consist of the Invitation for Bid/Request For Proposal, the signed bid/proposal submitted by the Contractor, the Town of Vienna's standard Purchase Order, the Mandatory/Special Specifications, Terms and Conditions, and the General Terms and Conditions, all of which shall be referred to collectively as the Contract Documents.
If the contractor has a standard contract form, this form shall be submitted with the bid/proposal submittal for the Town's review of its terms and conditions.
If one or more subcontractors are required, the Contractor is encouraged to utilize small, minority owned, and women-owned business enterprises. Upon contract award, the prime contractor agrees to make maximum effort to provide the names and addresses of each subcontractor, that subcontractor’s status as defined by the Town of Vienna as a small, minority-owned and/or woman owned business, and the type and dollar value of the subcontracted goods/services provided.
Multiple bids received in response to a single solicitation from an individual, firm, partnership, corporation, affiliate, or association under the same or different names will be rejected. Reasonable grounds for believing that a bidder is interested in more than one bid for a solicitation both as a bidder and as a subcontractor for another bidder, will result in rejection of all bids in which the bidder is interested. However, a firm acting only as a subcontractor may be included as a subcontractor for two or more bidders submitting a bid for the work. Any or all bids may be rejected if reasonable grounds exist for believing that collusion exists among any bidders. Bidders rejected under the above provisions shall be disqualified if they respond to a re-solicitation for the same work.
All firms doing business in the Town of Vienna are required to be organized or authorized to transact business in the Commonwealth of Virginia or include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Additionally all firms doing business in the Town of Vienna are required to be licensed in accordance with the Town's "Business, Professional and Occupational Licensing (BPOL) Tax" Ordinance. Wholesale and retail merchants without a business location in the Town are exempt from this requirement. Questions concerning the BPOL Tax should be directed to the Finance Department, Business License Office, Telephone number (703) 255 6321.
The Town accepts no responsibility for any expense incurred by the bidder in the preparation and presentation of a bid, such expenses to be borne exclusively by the bidder.
The contract shall be awarded to the lowest responsive and responsible bidder or the most qualified and best suited offeror.
The Town Council will award all contracts in the amount of seventy five thousand dollars ($75,000.00) or more.
The Procurement Officer will award all contracts less than seventy five thousand dollars ($75,000.00).
The Procurement Officer shall sign all contract documents, with the exception of "Construction" contracts, and issue a purchase order to the successful bidder/offeror.
All funds for payments by the Town under this Contract are subject to the availability of an annual appropriation for this purpose by the Town Council. In the event of nonappropriation of funds by the Town Council for the goods or services provided under this Contract or substitutes for such goods or services which are as advanced or more advanced in their technology, the Town will terminate the Contract, without termination charge or other liability to the Town, on the last day of the then current fiscal year or when the appropriation made for the then current year for the services covered by this Contract is spent, whichever event occurs first. If funds are not appropriated at any time for the continuation of this Contract, cancellation will be accepted by the Contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the Town shall not be obligated under this Contract beyond the date of termination.
a) It is the Town’s policy not to pay for any goods or services until the same have been actually received.
b) Individual contractors shall provide the Purchasing Office their social security numbers and proprietorships, partnerships and corporations shall provide the federal employer identification numbers (Code of Virginia, Section 2.2-4354.2).
c) The successful bidder shall submit a complete itemized invoice on each item or service, which is delivered under the contract. The successful bidder shall indicate the purchase order number on the front of each invoice and on the outside of each package or shipping container.
d) Cash discounts shall be deducted in accordance with the terms of the bid.
e) Payment shall be rendered to the successful bidder for satisfactory compliance with the general terms, conditions and specifications of this bid. The required payment date shall be either: (i) the date on which payment is due under the terms of the contract for the provision of such goods or services; or (ii) if such date is not established by contract, not more than forty-five (45) days after goods or services are received or not more than forty-five (45) days after the invoice is rendered, whichever is later (Code of Virginia, Section 2.2-4352).
f) Unless otherwise provided under the terms of the contract for the provisions of goods and services, if the Town fails to pay by the payment date, the Town agrees to pay the financial charge assessed by the successful bidder, which does not exceed one percent per month (Code of Virginia, Section 2.2-4354.4).
The resulting contract will cover a period of one (1) year from the date of award. After that period the contractor may request a price adjustment at the time of the contract renewal. This contract can be renewed for an additional four (4) years, at one year increments at the expiration of its terms by mutual written agreement of the Contractor and the Town of Vienna. Should the contract be renewed, the prices for the renewal contract shall be no greater than the percentage change of the CPI-U for the Washington-Arlington-Alexandria, DC-VA-MD-WV area, as listed for the most recent twelve (12) month period on the U.S. Department of Labor's Bureau of Labor Statistics website. The renewal of the contract shall depend on the Contractor’s performance and the ability to follow instructions of this solicitation.
If the Contractor and the Town do not agree on a price using the procedure set forth above by the thirtieth (30th) day prior to the end of the initial Contract Term or the end of ensuing renewal term or terms, the Town will terminate the Contract whether or not the Town has previously elected to extend the term. The Contract unit price(s) changed as a result of this procedure shall become effective on the anniversary date of the Contract and shall be binding on the Contractor for the ensuing renewal term or terms.
Upon satisfactory delivery of the merchandise and/or satisfactory completion of the services, all invoices and statements shall reference the purchase order number and be submitted to:
Town of Vienna
ATTN: ACCOUNTS PAYABLE
127 Center St., S.
Vienna, VA 22180
or email to: ap@viennava.gov
The prices and payments shall be full compensation for the labor, tools, equipment, transportation and all other incidentals necessary to complete the specified terms and conditions.
As authorized in Section 2.2-4304 of the Code of Virginia, this procurement is being conducted on behalf of and may be used by public bodies, agencies, institutions and localities of the several states, territories of the United States, and the District of Columbia with the consent of the Contractor.
a) The successful bidder awarded the contract for this project shall take one of the two following actions within seven (7) days after the receipt of amounts paid to the successful bidder by the Town for work performed by the successful bidder’s subcontractor(s) under the contract (Code of Virginia, Section 2.2-4354):
1. Pay the subcontractor(s) for the proportionate share of the total payment received from the Town attributable to the work performed by the subcontractor(s) under the contract; or
2. Notify the Town and subcontractor(s), in writing, of their intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.
b) The successful bidder shall pay interest to the subcontractor(s) on all amounts owed by the successful bidder that remain unpaid after seven (7) days following receipt by the successful bidder of payment from the Town for work performed by the subcontractor(s) under the contract, except for amounts withheld as allowed in subparagraph a (2) of this section. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent (1%) per month.
c) The successful bidder shall include in each of its subcontractors a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor(s).
d) The successful bidder’s obligation to pay an interest charge to a subcontractor(s) pursuant to the payment clause in this section may not be construed to be an obligation of the Town. A contract modification may not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim may not include any amount for reimbursement for such interest charge.
By submitting their bids/proposals all bidders/offerors certify to the Town of Vienna that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, where applicable, and Section 2.2-4311 of the Virginia Public Procurement Act which provides:
In every contract over $10,000.00 the provisions in A and B below apply:
a) During the performance of this contract, the contractor agrees as follows:
The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor, is an equal opportunity employer.
Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
b) The Contractor will include the provisions of the foregoing paragraphs in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor.
The Town may, upon mutual agreement with the contractor, issue written modifications to the scope of work of this contract, and within the general scope thereof, except that no modifications can be made which will result in an increase of the original contract price by a cumulative amount of more than $50,000.00 or 25% whichever is greater, without the advance written approval of the Mayor and Council. (Section 2.2-4309 of Virginia Public Procurement Act).
Should it become necessary for the best interest of the Town to make modifications, the same shall be covered by change order. The Contractor shall not begin work on any alteration requiring a change order until the written agreement, setting forth the changes/modifications, has been executed by the Town and the Contractor.
If a satisfactory agreement cannot be mutually agreed to for any item requiring a change order, the Town reserves the right to terminate the contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the work.
The Town may, in writing, omit from the work any item, other than major items, found unnecessary to the project and such omission shall not be a waiver of any condition of the contract nor invalidate any of the provisions thereof. Major items may be omitted by change order.
The Contractor shall be paid for all work done toward the completion of the item prior to such cancellation, alteration or suspension of the work by the Town.
A major item shall be construed to be any item, the total cost of which is equal to or greater than ten percent (10%) of the total; contract amount for each separate alternate, computed on the basis of the proposed quantity and the contract unit price.
The Contractor shall provide the Procurement Officer with a Certificate of Insurance PRIOR to the start of any work under the contract and agrees to maintain such insurance until the completion of the contract. The minimum limits of liability shall be:
Workers' Compensation -- Standard Virginia Workers' Compensation Policy
Broad Form Comprehensive General Liability--$2,000,000.00.
Combined Single Limit coverage to include:
Premises - Operations; Products/Completed Operations;
Contractual; Independent Contractors; Owners and Contractors
Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.)
Automobile Liability--$1,000,000.00 Combined Single Limit.
The Town of Vienna, Virginia is to be named as an additional insured and this is to be so noted on Certificate of Insurance.
The policy shall be delivered to the Town of Vienna PRIOR to the commencement of any work.
A thirty (30) day written notice of cancellation or non-renewal shall be furnished by certified mail to the purchasing office at the address indicated on the solicitation.
Your signature on this solicitation constitutes certification that, if awarded the contract, you will obtain the required coverage as specified herein within ten (10) days of notification of award.
The provisions contained in Sections 2.2-4367 through 2.2-4377 of the Virginia Public Procurement Act as set forth in the Code of Virginia (1950), as amended, shall be applicable to all contracts solicited or entered into by the Town of Vienna. A copy of these provisions may be obtained from the Procurement Officer upon written request.
By submitting their bids/proposals, all 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.
The provisions referenced in Item 27 supplement, but do not supersede, other provisions of law including, but not limited to, the State and Local Government Conflict of Interests Act (§§ 2.2-3100 et seq.), the Virginia Governmental Frauds Act (§§ 18.2 498.1 et seq.), and Articles 2 (§§ 18.2 438 et seq.) and 3 (§§ 18.2 446 et seq.) of Chapter 10 of Title 18.2. The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the State and Local Government Conflict of Interests Act.
Bids shall provide for the contractor holding harmless the Town of Vienna and representatives thereof from all suits, actions, or claims of any kind brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding contact work, or on account of any act or omission by the contractor or its employees, or from any claim or amounts arising or recovered under any law, bylaw, ordinance, regulation or decree.
The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work.
The Contractors and Subcontractors shall comply with the Virginia Contractor's Registration Law, Title 54.1, Chapter 11, Code of Virginia (1950), as amended.
All non-resident Contractors and Subcontractors submitting bids on the work described herein shall register with the Department of Labor and Industry under the provisions of Subsection 40.1-30 of the Code of Virginia (1950), as amended.
This contract and all other contracts and subcontracts are subject to the provisions of Articles 3 and 5, Chapter 4, Title 40.1, Code of Virginia (1950), as amended, relating to labor unions and the "right to work", and all Contractors and Subcontractors, whether residents or non-residents of the Commonwealth, who perform work related to the project shall comply with all of said provisions.
The Contractor shall furnish the Owner copies of affidavits upon request giving original dates, renewal dates and expiration dates of all labor contracts related to any phase of the work to be performed on the job site under this contract.
The provisions of all rules and regulations governing safety as adopted by the Safety Codes Commission of the Commonwealth of Virginia, issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia (1950), as amended, shall apply to all work under this contract.
Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with applicable federal, state and local laws and regulations.
1. Rates specified by bidder shall be F.O.B. Destination and shall include all direct and indirect overhead costs such as transportation, supervision, general and administrative costs, etc. Labor and equipment rates will be paid on the basis of productive time at the job site. Regular hours are 8:00 a.m. through 4:30 p.m., Monday through Friday. Overtime hours are defined as Monday through Friday, 4:30 p.m. – 8:00 a.m., weekends and holidays.
2. A minimum service charge, not to exceed $300.00, may apply when the total cost of the actual work performed is less than the service charge. This charge does not apply to requests for estimates or work site evaluations. The minimum service charge will not apply when the cost of actual work performed is greater than the minimum service charge. The greater amount will apply.
3. The Contractors may be required to provide materials, rental equipment and subcontractors to fulfill the service requirements of the contract. If the Contractor provides materials, rental equipment or subcontractors, the compensation will be based on the actual cost of the materials, equipment or subcontractors with a markup equal to the percentages shown below.
No additional costs of any kind will be allowed.
Materials markup: 15%
Rental Equipment and Subcontracting markup: 10%
Note: Invoices which include material ($25.00 or more), equipment rental or subcontractor charges shall be accompanied by supplier’s/subcontractor’s invoices to substantiate costs to Contractor. The Contractor shall make every attempt to obtain the lowest price for the materials and rental equipment.
The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work.
The Contractors and Subcontractors shall comply with the Virginia Contractor's Registration Law, Title 54.1, Chapter 11, Code of Virginia (1950), as amended.
All non-resident Contractors and Subcontractors submitting bids on the work described herein shall register with the Department of Labor and Industry under the provisions of Subsection 40.1 30 of the Code of Virginia (1950), as amended.
This contract and all other contracts and subcontracts are subject to the provisions of Articles 3 and 5, Chapter 4, Title 40.1, Code of Virginia (1950), as amended, relating to labor unions and the "right to work," and all Contractors and Subcontractors, whether residents or non-residents of the Commonwealth, who perform work related to the project shall comply with all of said provisions.
The Contractor shall furnish the Owner copies of affidavits upon request giving original dates, renewal dates and expiration dates of all labor contracts related to any phase of the work to be performed on the job site under this contract.
The provisions of all rules and regulations governing safety as adopted by the Safety Codes Commission of the Commonwealth of Virginia, issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia (1950), as amended, shall apply to all work under this contract.
The Contractor/Consultant shall comply with all laws and regulations of the Commonwealth of Virginia and the United States with respect to the employment of unauthorized aliens. Contractor/Consultant shall not hire or subcontract any portion of the work under this Contract to any individual the Contractor knows or reasonably should know to be an unauthorized alien as defined by 8 U.S.C. §1324a(h)(3). A violation of this provision shall constitute a material breach of the Contract and the Town may, in its sole discretion, terminate the contract.
If the items or products requested by this solicitation are "Hazardous Substances" as defined by 3.1 250 of the Code of Virginia (1950), as amended, 42 U.S.C. § 11001 et seq., or 42 U.S.C. § 9601 et seq., then the bidder/offeror, by submitting their bid/proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products that the bidder/offer does not violate any of the prohibitions of Sec. 3.1 252 or the Code of Virginia or Title 15 U.S.C. Sec. 1263.
Material Safety Data Sheets (MSDS) and descriptive literature shall be provided with the bid/proposal or delivered materials for each chemical and/or compound offered. Failure of the bidder/offeror to submit such data sheets may be cause for declaring the bid/proposal as non responsive.
By submitting their bids, Bidders certify that they are not currently debarred by the Commonwealth of Virginia or any Political Subdivision from submitting bids on contracts for the type of services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.
a) The successful bidder shall retain, during the performance of the contract and for a period of five (5) years from the completion of the contract, all records pertaining to the successful bidder’s bid and any contract awarded pursuant to this Invitation for Bid. Such records shall include but not be limited to all paid vouchers including those for out-of-pocket expenses; other reimbursement supported by invoices, including successful bidder’s copies of periodic estimates for partial payments; ledgers; cancelled checks; deposit slips; bank statements; journals; contract amendments and change orders; insurance documents; payroll documents; timesheets; memoranda; and correspondence. Such records shall be available to the Town on demand and without advance notice during the successful bidder’s normal working hours.
b) Town personnel may perform in-progress and post-audits of the successful bidder’s records as a result of a contract awarded pursuant to this Invitation for Bid. Files would be available on demand and without notice during normal working hours.
The Town may, upon mutual agreement with the Contractor, issue written modifications to the scope of work of this contract, and within the general scope thereof, except that no modifications can be made which will result in an increase of the original contract price by a cumulative amount of more than $50,000.00 or twenty-five percent (25%) of the amount of the original contract, whichever is greater, without the advance written approval of the Mayor and the Town Council. (Section 2.2-4309 of Virginia Public Procurement Act).
Should it become necessary, for the best interest of the Town, to make modifications, the same shall be covered by change order. The Contractor shall not begin work on any alteration requiring a change order until the agreement, setting forth the changes/modifications, has been executed in writing by the Town and the Contractor.
If a satisfactory agreement cannot be mutually agreed to for any item requiring a change order, the Town reserves the right to terminate the contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the work.
The Town may, in writing, omit from the work any item, other than major items, found unnecessary to the project and such omission shall not be a waiver of any condition of the contract nor invalidate any of the provisions thereof. Major items may be omitted by change order.
The Contractor shall be paid for all work done toward the completion of the item prior to such cancellation, alteration or suspension of the work by the Town.
A major item shall be construed to be any item, the total cost of which is equal to or greater than ten percent (10%) of the total; contract amount for each separate alternate, computed on the basis of the proposed quantity and the contract unit price.
a) It is the Bidder’s responsibility to examine this entire IFB carefully. If a question arises as to the meaning or intent of these documents, inquiry must be made in writing to the Procurement Officer.
b) The submission of a bid shall indicate that the Bidder thoroughly understands the terms and conditions of the IFB.
a) Bidders are advised that the Town does not sign standard contract forms that may be used by the bidder. The selected Bidder will be expected to enter into a contract with the Town for the commodities outlined in this IFB. The form of contract will be the Town’s Purchase Order and/or Agreement.
b) The bid form contains a signature line for the bidder that must be signed when submitting a bid. The signature certifies the bidder is an agent of officer authorized to bind the Contractor to the terms and conditions of the IFB.
No interpretation of the meaning of these documents will be made to any bidder orally. Any request for an interpretation must be in writing addressed to Town of Vienna, 127 Center Street, South, Vienna, VA 22180, Attention: Procurement Officer or emailed to jerry.amacker@viennava.gov. To be given consideration, requests must be received at least five days prior to the date fixed for the submission of Bids. Any and all such interpretations and any supplemental instructions will be posted via an addendum. Failure of any bidder to receive any such addenda or interpretations shall not relieve said bidder from any obligation under their Bid as submitted. All addenda so issued shall become part of the Contract Documents.
The Contractor shall provide the Procurement Officer with a Certificate of Insurance PRIOR to the start of any work under the contract and agrees to maintain such insurance until the completion of the contract. The minimum limits of liability shall be:
Workers' Compensation -- Standard Virginia Workers' Compensation Policy
Broad Form Comprehensive General Liability--$2,000,000.00.
Combined Single Limit coverage to include:
Automobile Liability--$1,000,000.00 Combined Single Limit.
The Town of Vienna, Virginia is to be named as an additional insured and this is to be so noted on Certificate of Insurance.
The policy shall be delivered to the Town of Vienna PRIOR to the commencement of any work.
A thirty (30) day written notice of cancellation or non-renewal shall be furnished by certified mail to the purchasing office at the address indicated on the solicitation.
Contractor’s signature on this solicitation constitutes certification that, if awarded the contract, Contractor shall obtain the required coverage as specified herein within ten (10) days of notification of award.
a) The successful Bidder’s/Offeror’s insurance shall cover the bidder/offeror and its subcontractors of every tier of those sources of liability which would be covered by the latest edition of the standard Worker’s Compensation Policy, as filed for use in the Commonwealth of Virginia by the National Council on Compensation Insurance, without restrictive endorsements, but including Broad Form All States Endorsement. In addition to coverage for the Virginia Worker’s Compensation Act, where appropriate, coverage is to be included for the United States Longshore and Harbor Worker’s Compensation Act, Maritime including Jones Act, Federal Liability Act and any other applicable federal or state law.
b) Subject to the restrictions of coverage found in the standard Worker’s Compensation Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Virginia Worker’s Compensation Act, the United States Longshore and Harbor Worker’s Compensation Act, or any other coverage customarily insured under Part One of the standard Worker’s Compensation Policy. The minimum amount of coverage for those coverages customarily insured under Part Two of the standards Worker’s Compensation (inclusive of any amounts provided by an umbrella or excess policy) shall be $1,000,000 bodily injury by accident each accident, $1,000,000 bodily injury by disease each employee, and $1,000,000 bodily injury by disease policy limit or aggregate where such aggregate is applicable under the terms of the standard Worker’s Compensation Policy.
a) The successful bidder/offeror shall provide the Town of Vienna with an Errors and Omissions Liability Policy (E&O Policy). The policy shall cover the Town of Vienna for all sources of liability which would be covered by the latest edition of the standard Errors and Omissions Liability Coverage Form, as filed for use in the Commonwealth of Virginia by the Insurance Services Office without the attachment of restrictive endorsements.
b) The policy shall be endorsed to include the Town of Vienna’s officials, officers, agents and employees as insured. The E&O Policy shall include the successful Offeror and the offeror’s subcontractors of every tier as the designated in the declarations.
c) The minimum E&O Policy limits to be provided by the successful Offeror (inclusive of any amounts provided by an umbrella or excess policy) shall be $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. The limits afforded by the E&O Policy (or umbrella or excess policy with respect to it) shall apply only to the Town of Vienna officials, officers, agents and employees and only to claims arising out of or in connection with the work under this contract.
The insurance provided by the successful Offeror pursuant to the resulting contract shall apply on a primary basis and any other insurance or self-insurance maintained by the Town of Vienna or the Town of Vienna official, officer, agent or employee shall be excess of and not contributing with the insurance provided by or on behalf of the Offeror.
The coverages other than Worker’s Compensation may be either on an occurrence or a claims-made basis. Provided, however, that claims-made coverage for other than the Products/Completed Operations shall respond to claims arising out of accidents, occurrences, incidents and offenses happening after the commencement of the resulting contract but before the end of the contract completion date provided that the claim is made within five years after the contract completion date.
Prior to commencing work under a resulting contract, the successful Offeror shall furnish the Town of Vienna with a Certificate(s) of Insurance naming the Town of Vienna, its officers, employees and agents, as additional insureds, giving a forty-five (45) day notice of cancellation, non-renewal, or change in the insurance coverage, and/or restrictions.
All contractors and subcontractors performing services for the Town of Vienna are required to comply with OSHA standards and accepted safety rules and regulations.
All control work, compilation of notes, work sheets, and any and all interim and final products and materials shall be the sole property of the Town of Vienna.
By submitting a bid/proposal in response to this solicitation, the Bidder/Offeror represents that in the preparation and submission of this bid/proposal, said Bidder/Offeror did not, either directly or indirectly, enter into any combination or arrangement with any person, Bidder/Offeror or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section 1) or Sections 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.
Enter name and legal address of firm submitting bid.
Please provide the following information for the main contact for all communications regarding this bid.
Name
Title
Phone Number
Email Address
Please provide the following information for the secondary contact for all communication regarding this solicitation:
Name
Title
Phone Number
Email Address
This is to certify that this person/firm/corporation is not now debarred by the Federal Government or by the Commonwealth of Virginia or by any other state, town, city, or county from submitting proposals for such work nor are they an agent of any person or entity that is now debarred.
Please supply a minimum of three (3) projects similar in character and Scope of Work specified under this solicitation? Please include the location and type of work, owner's name and address, contact person (name, email address, and telephone) and completion date?
Please download the below documents, complete, and upload.
As required under Title 54, Code of Virginia (1950) a Contract for construction, removal, repair or improvement of a building or other real property that exceeds one thousand ($1,000.00) shall furnish the following:
Please enter your Contractor's License Number here.
At least one of the on-site field representatives should posses the basic stormwater certification issued by the Virginia DEQ. Please upload that cerficate.
Please list your safety violations for the last three years per section 2.22.
A certified SWaM Business is one that holds a current certification from the Virginia Department of Small Business and Supplier Diversity (SBSD), the U.S. Small Business Association (SBA), the Women's Business Enterprise National Council (WBENC), National Minority Supplier Development Council (NMSDC) or from other U.S. State and some local government supplier diversity program.
Is your company a certified Small, Woman or Minority Owned (SWaM) Business or Disadvantaged Business Enterprise?
What is your company's certification type?
Is applicable, please provide the Certification Entity/Agency and the Certification Number(s).
Please upload other documents here.
In accordance with the terms, conditions and specifications of this Invitation for Bid, the authorized person(s) agrees to furnish the items and/or services requested. The authorized person(s) acknowledges that their bid is valid for a period of 90 days from the due date and certifies they have read, understand, and agrees to all terms and conditions and requirements of this Invitation for Bid, and is authorized to contract on behalf of the firm submitting the response.
In the space below, enter the name and contact email of the person who has signature authority for the Offeror's company, and is hereby agreeing to the statement above.
Please describe purpose in a few sentences.
Please provide an address or a general location of work.
EXMPLE:
123 Main St.
Vienna, Va
Or
Work Site is Main Street Corridor between North and South Street
Q (Zinc coating): Please advise if the ductile iron pipe and MJ fittings needs to be FBE/zinc coated.
A: Mechanical joints are not required. Zinc coated is allowed but not required. Tyton Joint Ductile Iron US Pipe or equal. DI pipe is also wrapped with polyethylene encasement.
Q (DEQ Stormwater Certification): Please clarify the Title of the certification required. There are a number of different DEQ certifications for Stormwater Maintenance and for Erosion & Sediment Control.
A: E&S and SWM Inspector certifications should suffice. Basic Stormwater Certification Qualification Qualified personnel" means a person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls who possesses the skills to assess conditions at the construction site for the operator that could impact stormwater quality and quantity and to assess the effectiveness of any sediment and erosion control measures or stormwater management facilities selected to control the quality and quantity of stormwater discharges from the construction activity.
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.