Site work for a bridge / tunnel in Vienna, Virginia. Completed plans call for site work for a bridge / tunnel.

Background 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. 1.3. Contact Information Jerry Amacker Procurement Officer 127 Center Street South Vienna, VA 22180 Email: jerry.amacker@viennava.gov Phone: (703) 255-6359 Department: Department of Public Works Department Head: Brad Baer Director Qualification of Bidder 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. Bidder's Representations 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. Bid Security 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 2 1/2 % 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. Site Conditions and Conditions of Work 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. Bidder's Questions, Addenda and Interpretations 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 2:00 pm on Thursday, September 26, 2024 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. Performance and Payment Bond 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. Contract Period 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. 2.11. Time for Completion and Liquidated Damages for Non-Completion 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. 2.12. Location of Work 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. 2.13. Liability Insurance and Workmen's Compensation 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. 2.14. Bidders Referred to Laws 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. 2.15. Taxes All applicable Federal, State and Local Taxes shall be included in the Bidder's proposal. 2.16. Right to Reject Bids 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. 2.17. Equal Products and Substitutions 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 2:00 pm on Thursday, September 26, 2024. 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. 2.18. Preparation and Submittal of Bid Form 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. 2.19. Modification or Withdrawal of Bid 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. 2.20. Nonconforming Terms & Conditions 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. 2.21. Exceptions 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. 2.22. Construction Safety 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: Does the firm have an established safety program If so, how long has it been in existence Does the firm incorporate safety and health related issues into their new employee orientation programs Does the firm include work safety as a part of an employee's performance evaluation To what degree does senior/corporate management support safety related matters Does the firm have a safety policy statement signed by a member of senior/corporate management Does the firm have a full time Safety Manager Does this person report to a high level, authoritative position within the Company Are safety inspections conducted at work sites If so, how often & by whom Are safety training programs conducted for employees If so, how often and by whom Are safety meetings conducted on site by the firm If so, how frequently Does the firm have a visibly active safety committee If so, how often does it meet Who serves on the committee Is the firm an active member of a recognized construction safety organization in the Washington Metropolitan area, or in the state of contractor's domicile What is the firm's Workers Compensation Experience Modification Factor Are there any evident trends 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. 2.23. Award of Contract 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. 2.24. Appeal of Determination of Nonresponsibility 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. 2.25. Protest of Award or Decision to Award 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. 2.26. Negotiation with Lowest Responsible Bidder 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. 2.27. Subcontracting 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. 2.28. Interest in More Than One Bid and Collusion 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. 2.29. Expenses Incurred in Preparing Proposal 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. 2.30. Non-Appropriation 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. 2.31. Contract Term The resulting contract will cover a period of two (2) years from the date of award. 2.32. Modification of Contract 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. 2.33. INSURANCE 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. 2.34. Hold Harmless Clause 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. 2.35. Laws and Regulations 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. 2.36. Contract Rates 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.