Solicitation #2021-02WRAA AIRPORT ENGINEERING AND ...

Solicitation #2021-02WRAA AIRPORT ENGINEERING AND CONSULTING SERVICES

2

Sections Page

Title Page ........................................................................................................................... 1

Table of Contents .............................................................................................................. 2

Notice of Request for Proposals ........................................................................................ 3

Section I – General Information ........................................................................................ 4

Section II – Statement of Needs ........................................................................................ 4

Section III – Owner’s Responsibilities ............................................................................... 7

Section IV – Procedures for Ordering Services ................................................................. 7

Section V – Administration of Contract............................................................................. 8

Section VI – Contract Term ............................................................................................... 9

Section VII – Proposal Format ........................................................................................... 9

Section VIII – Submission Requirements ......................................................................... 10

Section IX – Evaluation and Award Criteria ..................................................................... 11

Section X –General Terms and Conditions ...................................................................... 11

Section XI – Special Terms and Conditions ..................................................................... 12

Section XII – Attachments ............................................................................................... 13

Attachments

Attachment A – Virginia State Corporation Commission Form ................................... 14

Attachment B – Frederick County General Terms and Conditions .............................. 15

Attachment C – Frederick County Payment Procedures Form .................................... 24


3

SOLICITATION NUMBER: #2021-02WRAA GOODS/SERVICES SOUGHT: Airport Engineering and Consulting Services PROPOSAL DUE DATE & TIME: July 26, 2021 by 4:00 P.M. Eastern Standard Time AIRPORT CONTACT: Nick Sabo, A.A.E. Executive Director [email protected] 491 Airport Road Winchester, VA 22602 The Winchester Regional Airport Authority (“Authority”) is seeking proposals for the services described herein. Proposals will be received until the time and date cited above. Proposals must be submitted via email to [email protected]. The Authority reserves the right to reject any and all proposals, and to waive any informalities or irregularities in any proposal deemed to be in the best interest of the Authority. Addendums to this RFP will be posted to eVA and considered part of the official solicitation package. Communication with Authority Members, and/or Airport staff members other than the Executive Director is expressly prohibited except with the prior knowledge and permission of the Executive Director. Notification of award will be posted on the eVA website at www.eVA.virginia.gov.

# # #


4

PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified Offerors for engineering and consulting services in accordance with U.S. Department of Transportation, Federal Aviation Administration (FAA) Advisory Circular (AC) No. 150/5100-14E dated September 30, 2014 and updated September 25, 2015. Offerors are advised that it is the intent of the Owner to submit requests for federal and state funding grants for eligible work associated with planning, design, construction, environmental assessment, and related projects. Offerors must comply with all applicable federal and state requirements to which the Owner is obligated as a result of receiving federal and state funding assistance. The selected Offeror(s) will coordinate the services to be provided through the Executive Director, or designee. BACKGROUND: The Winchester Regional Airport (“OKV” or “Airport”) is a public-use airport owned and operated by the Winchester Regional Airport Authority (“Authority” or “Owner”), a body politic within the Commonwealth of Virginia. The Authority board of directors is comprised of representatives from the City of Winchester and the Counties of Frederick, Shenandoah, Clarke, and Warren. Frederick County acts as the Authority’s fiscal agent. OKV is classified as a general aviation regional airport in the FAA’s National Plan of Integrated Airport Systems (NPIAS), and is one of 8 GA airports in the Commonwealth of Virginia designated as a “Business Class” airport.

The scope of services for projects assigned to the Offeror under any contract resulting from this RFP will vary according to the requirements generated during the term of the resulting contract. Each project shall be negotiated separately, and agreement embodied in a Task Order. a. The contracted Offeror shall perform professional engineering services on an as

needed, task order basis. Services may include, but are not limited to the following: i. Provide advice and guidance in the development of the Airport; ii. Assist the Owner in the continuation of future planning; iii. Accomplish general airport planning, design, and construction phase services as appropriate; iv. Serve as the Owner’s professional planning and engineering representative, representing the Owner in public meetings as requested; v. Keep abreast of changing technology, laws, and regulations, and advise the Owner accordingly;


5

vi. Determine facilities’ requirements and utilization; vii. Conduct feasibility studies for new, renovation and alteration projects; viii. Prepare preliminary documents, working drawings and specifications;

ix. Conduct studies and audits for compliance with federal, state and local regulations;

x. Provide services related to new construction, renovation and alteration projects to include, but not limited to, planning, handicapped accessibility, project evaluation, electrical engineering, mechanical engineering, structural engineering, civil engineering and land survey and security to include, but not limited to, lighting and access control systems; xi. Administer construction contracts in accordance with applicable laws and regulations to include, but not limited to, interpreting requirements, monitoring performance to ensure compliance with contract requirements and to inspect, evaluate and make recommendations to the Owner for approval of construction; xii. Conduct other types of professional services of a nature consistent with the purpose of this solicitation and resulting contract as so directed by the Owner;

b. Upon completion of each project, the Offeror shall provide the Owner with a

complete set of reproducible project drawings and exhibits which were prepared for the accomplishment of the Task Order. CAD files shall also be furnished upon request of Owner.

c. The Offeror shall represent the Owner, as requested, in public meetings and other

meetings for the Task Order and prepare necessary drawings and exhibits for presentation purposes.

d. The Offeror shall provide the services described in accordance with the policies

established by the Owner, FAA, the Virginia Department of Aviation (“DOAV”), and the Department of Transportation (DOT). Additionally, the Offeror shall include all required local, state, and federal provisions in any subcontracts.

f. Additional Requirements and Responsibilities: i. The Offeror shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all planning, design, drawings, specifications, reports and other services furnished by the Offeror or any employee, agent, or subcontractor of the Offeror under the resulting


6

contract. The Offeror shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in his or his employee’s, agent’s or subcontractor’s designs, drawings, specifications, reports and other services. ii. Approval by the Owner, DOAV, or the FAA of drawings, designs, specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Offeror of its responsibility for the technical accuracy and adequacy of its work. iii. The Offeror shall be and remain liable in accordance with applicable law for all damages to the Owner caused by the Offeror or any employee, agent or subcontractor of the Offeror, violation of any law, bylaw, ordinance, regulation or decree; the negligent performance of any of the services furnished or by error or omission act on the part of the Offeror, its employees, agents or subcontractors, causing personal injury, damages or violation of rights under the resulting contract, except for errors, omissions or other deficiencies to the extent attributable to the Owner or Owner-furnished data. iv. The Offeror shall give Owner prompt written notice whenever the Offeror becomes aware of any development that affects the timing of Offeror’s services. The Offeror shall not be responsible for any time delays in the project caused by circumstances not reasonably foreseeable which are beyond the Offeror’s control. v. The services to be performed by the Offeror under the resulting contract are intended solely for the benefit of the Owner. Nothing contained herein shall confer any rights upon or create any duties on the part of the Owner toward any person or persons not a party to the contract including, but not limited to, any Offeror, subcontractor, supplier, or the agents, officers, employees, insurers or sureties of any of them. vi. The Offeror may, on occasion, require the services of sub-consultants to perform specialized sub-tasks such as aerial, field, and property surveys, appraisals, subsurface investigation, material testing photography, etc. The Offeror shall provide these services to the Owner in accordance with each specific Task Order as required. The Offeror shall provide the Owner with an executed waiver of mechanic’s lien for every subconsultant at the time of billing for said services. vii. The Offeror shall provide specifications for any construction project to include, but not limited to, a quality control plan as required by special conditions in the applicable grant agreement. viii. The Offeror shall obtain all permits, approvals and consents necessary to


7

complete any Task Order. ix. The Offeror shall assist in acquiring and administering all state and federal grants relating to the Winchester Regional Airport.

a. The Owner will assist Offeror by placing at its disposal all available information upon written request of the Offeror pertinent to the Task Order, including previous reports and any other data relative to the Project. b. Upon written request of the Offeror, the Owner will furnish to Offeror, as required for performance of Offeror’s Task Orders, all as-built data on the project elements. c. Upon written request of the Offeror, the Owner shall examine all studies, reports, sketches, drawings, proposals, and other documents presented by Offeror, obtain advice of an attorney, insurance counselor, and other consultants as the Owner deems appropriate for such examination, and render in writing, pertinent decisions within a reasonable time. d. The Owner will provide prompt written notice to the Offeror whenever the Owner observes or otherwise becomes aware of any development that affects the scope of timing of the Offeror’s services or any defect in the work under the resulting contract. However, failure of the Owner to detect or provide written notice shall not constitute a waiver of any of the Owner’s rights under the contract.

a. The Owner or an authorized representative will request a lump sum fee or hourly rate proposal for each project. At its own expense, the Offeror shall visit the site and prepare a detailed lump sum or hourly rate (as applicable) proposal for accomplishing the work. Each project assignment for which the resulting contract shall be in force shall be described in detail as a separate Task Order and referenced as “Task Order No. ”. Each Task Order description shall be prepared by the Offeror and shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules. b. Each Task Order will be reviewed and approved in writing by the Owner and any participating funding agencies (FAA, DOAV, etc.) prior to the Offeror initiating any work. The Owner may negotiate a suitable lump sum fee or a “not to exceed” amount with the Offeror. If any Task Order appears indefinite, unclear or contradictory, the Offeror shall consult with the Owner’s representative for interpretation and clarification prior to the Offeror’s commencement of work on that Task Order. The Offeror shall be responsible


8

for conveying the interpretation and/or clarification of any Task Order to its employees, agents or subcontractors or sub-consultants. The Offeror shall be responsible for any work not expressly set out in any Task Order but which may be reasonably implied for proper completion of the Task Order. c. Following successful negotiations, the Owner will prepare a purchase order for the agreed scope of work and fee proposal, incorporating by reference the terms and conditions of the resulting contract and forward to the Finance Department. Once the Finance Department has processed the purchase order (and assigned a number) the Owner may authorize the Offeror to proceed with the work.

d. The method of deriving the cost of services for each Task Order shall be in accordance with County/FAA/DOAV procedures and requirements using the negotiated Fee Schedule. e. The Offeror shall not commence any work that has not been authorized by a written purchase order (or change order) executed by the Finance Department and without a written Notice to Proceed from the Owner’s representative. The Offeror assumes all risk and financial liability for any services rendered without such proper authorization. f. Should additional services be requested beyond the scope of any executed Task Order, adjustments to the contract amounts shall be negotiated and a change order issued authorizing the additional work. g. The Offeror’s services shall be considered complete upon satisfactory completion and acceptance by the Owner of the services outlined in the Task Order and all approvals from the Federal, State and County agencies (as applicable), have been obtained.

a. The Owner shall designate a person to act as the Owner’s representative with respect to the services to be rendered under the resulting contract. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner’s policies and decisions with respect to materials, equipment elements and systems pertinent to Offeror’s services.

b. The Offeror shall designate an individual to act as the Offeror’s representative with respect to all services to be rendered under the resulting contract. This individual shall serve as the primary liaison with the Owner’s designated representative(s). This individual must be empowered with the authority to request information, make decisions and interpret and define Task Orders with respect to this contract.


9

The contract term shall be for a period of one (1) year. At the Owner’s option, the contract may be extended for four (4) additional one (1) year periods. The Fee Schedule may be adjusted at the end of the initial contract period (and at the end of each extension period, if applicable), upon mutual agreement of both parties. The adjustment to the fee schedule shall not exceed the percentage increase for the previous twelve (12) months in the Consumer Price Index, U.S. Cities average, Other Services, as adjusted, as published by the Bureau of Labor Statistics, U.S. Department of Labor. Should this index be superseded, the Owner reserves the right to select another appropriate index.

Offerors are required to submit the following items as a complete proposal:

a. Information on the Offeror

1. Expertise and experience of the Offeror relative to the Statement of Needs contained in this RFP. Include relevant experience, recent projects, work samples, and technical competence as it pertains to FAA and Commonwealth of Virginia grant procedures and acquisition requirements, airport design standards, environmental considerations, and master planning criteria.

2. Geographic location of the Offeror relative to Frederick County. The Offeror shall include the address of the office(s) proposed to handle the work.

3. References. Offeror shall include a minimum of three (3) letters of reference that can attest to the Offeror’s experience and qualifications, quality of work, timeliness and responsiveness to client needs. Include names, addresses, email addresses, contact person, and phone number for each reference. References shall have or had recent contracts with Offeror of size and scope specified in this RFP.

b. Engineers, Personnel, and Staff

1. Organization chart depicting key personnel proposed for the project by assigned area(s) of responsibility, corporate affiliation and job title. If a joint venture, include the subcontractor(s) in the organization chart and key personnel proposed for this project. 2. Names, qualifications and experience of personnel to be assigned to the contract. Identify specific roles played by the proposed team members on these projects. Include the length of time personnel have had with the contracting Offeror.


10

3. Resumes of staff to be assigned to the contract. Include present and anticipated workload during the contract term.

c. Response to Statement of Needs

1. Briefly outline the Offeror’s approach to providing the required services. 2. Provide a detailed explanation for any “exceptions” taken concerning the Statement of Needs. 3. Provide the Offeror’s policies on billing and payments. Include protocol for attending meetings that may or may not be related to specific Task Orders.

a. In order to be considered for selection, Offerors must submit a complete response to this RFP, including the information in Section VII and the completed Attachments described in Section XII. Submissions must be sent via email to the Executive Director at the address below. Late responses will be considered nonresponsive and will not be reviewed.

[email protected] b. Offerors are not to submit estimated man-hours or cost for services with their proposals.


11

Proposals shall be evaluated by the Authority using the following criteria:

CRITERIA WEIGHT

Offeror’s expertise, qualifications, and experience in providing services of similar size and scope

35

Experience with FAA, DOAV and Commonwealth of Virginia grant procedures, land acquisition requirements, airport design standards, environmental considerations and master planning criteria

30

Qualifications and experience of proposed personnel assigned to the contract including projected workload

25

Quality and completeness of Proposal including impact of any exceptions taken regarding the Statement of Needs, General Conditions

10

TOTAL 100

a. The Authority shall reserve the right to engage in competitive negotiation as outlined in § 2.2-4302.2. b. Should the Authority determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. The Authority reserves the right to award a contract to more than one Offeror for the services described in this solicitation.

a. The Offeror utilizes eVirginia (eVA), an internet electronic procurement solution, for purchasing activities. Offerors desiring to provide goods and/or services to the Authority shall participate in eVA by completing the free eVA Offeror Registration. The Authority advertises all competitive solicitations on eVA.

b. Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Authority will publicly post such notice on the eVA website (www.eva.virginia.gov).

c. Frederick County acts as fiscal agent for the Authority. Offeror must agree to the “BIDDER/OFFEROR ACKNOWLEDGEMENT OF PAYMENT PROCEDURES” at Attachment C and include with proposal.

http://www.eva.state.va.us/


12

a. The Offeror’s proposal should include an example of its company’s certificate of insurance. The Offeror shall furnish a copy of a certificate of insurance in accordance with the requirements set forth below. The Offeror shall be responsible for maintaining current certificates of insurance on file with the Authority. The Offeror shall be required to maintain in force such insurance, in amounts and types acceptable to the Authority, as will protect itself and the Authority from claims which may arise out of or result from the execution of the work, whether such execution be by itself, its employees, agents, subcontractors or by anyone for whose acts any of them may be liable. All insurance shall be provided by companies authorized to conduct business in the Commonwealth. The Offeror shall maintain during the initial term and any additional terms of the contract the following equivalent coverage and minimum limits:

1. Commercial General Liability $1,000,000 Combined Single Limit per

Occurrence:

2. Automobile Liability $1,000,000 Combined Single Limit per Occurrence 3. Worker’s Compensation: Statutory Limits of the Commonwealth of Virginia 4. Employers’ Liability $500,000 Accident, $500,000 Disease & $500,000 Policy Limit 5. Umbrella Liability $1,000,000 per Occurrence 6. Professional Liability $2,000,000 per Occurrence, $6,000,000 Aggregate

b. All finished or unfinished information or materials, documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by or for the Offeror under any resultant contract shall become Authority property and shall be delivered to and remain the property of the Authority upon completion of the work or termination of the Contract. The Authority shall have the right to use and reproduce the data and reports submitted hereunder, without additional compensation to the Offeror.

c. Offeror shall obtain, possess, maintain, and comply with all applicable Federal, State, and Local requirements such as: licenses, permits, codes, laws, regulations, policies and standards, specifications, authorizations, and other related requirements to perform the services under the contract.

d. In the event that the Offeror desires to utilize a subcontractor for portions of the contract, the Offeror shall furnish the Authority the names, qualifications and


13

experience of their proposed subcontractors. The Offeror shall, however, remain fully liable and responsible of its subcontractor(s) and shall assure compliance with all requirements of the contract.

The following Attachments must be completed and submitted with all proposals. Failure to provide all Attachments may result in disqualification from the evaluation process at the sole discretion of the Authority: Attachment A: State Corporation Commission Form Attachment B: Frederick County General Terms and Conditions Attachment C: Frederick County Payment Procedures Form


14

Check the appropriate box regarding registration with the Virginia State Corporation Commission (SCC): is a corporation or other business entity with the following SCC identification number: ____________ -OR- is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR- is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location) -OR- is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. -OR- Check here if you currently have an application pending before the SCC for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the RFP due date (the Authority reserves the right to determine in its sole discretion whether to allow such waiver):

COUNTY OF FREDERICK, VIRGINIA

Finance Department

(540) 665-5610

GENERAL TERMS AND CONDITIONS

Rev: 1/1/2020

BIDS/PROPOSALS ON SOLICITATIONS ISSUED BY THE COUNTY WILL BIND BIDDERS/OFFERORS

TO THE APPLICABLE CONDITIONS AND REQUIREMENTS IN THE GENERAL CONDITIONS AND

INSTRUCTIONS TO BIDDERS/OFFERORS UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION

AND SUBJECT TO APPLICABLE STATE, LOCAL, AND FEDERAL LAWS.

BIDDERS/OFFERORS OR THEIR AUTHORIZED REPRESENTATIVES SHOULD INFORM THEMSELVES

FULLY AS TO THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS OF EACH COUNTY

PROCUREMENT BEFORE SUBMITTING BIDS/PROPOSALS. FAILURE TO DO SO WILL BE AT THE

BIDDER/OFFEROR'S OWN RISK AND RELIEF CANNOT BE SECURED ON THE PLEA OF ERROR.

1. AUTHORITY: The County has the sole responsibility and authority for negotiating, placing and when

necessary modifying every solicitation, contract and purchase order issued by the County of Frederick, VA.

The County Finance Director serves as the County Purchasing Agent. In the discharge of these

responsibilities, the County Finance Director has appointed the County Purchasing Manager to assist the

County Purchasing Agent. Unless specifically delegated by the County, no other County officer or employee

is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way

obligate the government of the County of Frederick, VA for an indebtedness. Any purchase ordered or

contract made which is contrary to these provisions and authorities shall be of no effect and void and the

County shall not be bound thereby.

2. PRE-BID AND BID SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the County Purchasing Manager or the IFB Contact,

regarding this Invitation for Bids is expressly forbidden except with the permission of the

Purchasing Manager. Violation of this directive may result in a determination that the bidder

is ineligible for award.

b. All bids shall be submitted sealed with the bid number, date and time clearly marked on the outside

of the envelope or package. Electronic transmittals (i.e. fax, email, etc.) will not be considered. Bids

received by the Purchasing Manager after the due date and time will not be accepted. Failure to

return required documents and information specified herein may result in a determination that the

bid is non-responsive.

c. Bids will be publicly opened on the due date and time specified on the “Invitation for Bids

Announcement” cover sheet. A bid tabulation will be posted as soon as practical. The County

posts all solicitations and related bid tabulations on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov). A direct link to all County solicitations is located here. .

d. All bids shall be submitted in accordance with this Invitation for Bids. If more space is required to

furnish a description of the goods and/or services bid, the Bidder may attach that additional

information with the bid.

e. All bids must be signed by an officer or employee having the authority to sign on behalf of the firm.

http://www.eva.virginia.gov/

https://m.vendor.epro.cgipdc.com/Vendor/public/AllOpportunities?status=Open&doccddesc=Request%20for%20Proposals%20(RFP),Invitation%20for%20Bids%20(IFB),Request%20for%20Quotes%20(RFQ),Quick%20Quote&agencyname=Frederick%20County

General Terms and Conditions for Offerors

REVISED 6/25/2021 Page 2 of 9

f. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections

made in ink. Any corrections must be initialed and dated in ink by the person signing the bid.

g. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the

County, including sales tax, delivery charges or other surcharges. Prices quoted shall be the final cost

to the County. All deliveries shall be F.O.B. Destination.

h. If the County is closed for business at the time scheduled for bid opening, regardless of reason,

sealed bids will be accepted and opened on the next business day of the County, at the originally

scheduled time.

i. The Terms, Conditions and Specifications in this solicitation shall supersede any terms and

conditions offered by the Bidder. Any additional conditions a Bidder intends to be considered must

be submitted with the bid and be noted as an exception on the Bid Form, however, exceptions may

result in the bid being determined non-responsive.

j. Each bid shall be submitted with the understanding that, upon acceptance by the County, the Bidder

shall furnish any or all of the goods and/or services described herein. The accepted bid shall

constitute a contract between the Bidder and the County and shall bind the Bidder to furnish and

deliver the goods and/or services at the stated prices and in accordance with the Terms, Conditions

and Specifications of the Invitation for Bids and bid. The County shall order the goods and/or

services from the Bidder at the stated prices except for reasons beyond reasonable control, including

but not limited to availability of funds and the Contractor’s inability to deliver goods or services

within the required timeframe.

k. Submission of a bid is not to be construed as an award or an order to ship.

l. A submittal (bid) by the Bidder certifies that they are not currently debarred or suspended by a local,

state or federal government entity from doing business with that entity. If a debarment or suspension

exists, supporting information shall be provided with the response. Suspension or debarment may

disqualify the Bidder from award of a contract.

m. A bid/proposal may be amended and/or withdrawn by a bidder or offeror if the request is received in

writing before the due date and hour. The request must be signed by a person authorized to represent

the vendor or firm that submitted the bid/proposal. Submission of a subsequent bid/proposal unless

specifically identified as an additional bid, shall constitute the withdrawal of any prior one submitted

by the same bidder or offeror on the same Invitation for Bid/Request for Proposal.

Withdrawal of bids/proposals after opening is governed by the Code of Virginia §2.2-4330. The

bidder/ offeror shall give notice in writing of his/her claim of right to withdraw his/her bid/proposal

within two business days after conclusion of the bid opening or receipt of proposals procedure and

shall submit original work papers with such notice.

3. PRE-PROPOSAL AND PROPOSAL SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the County Purchasing Manager or the RFP Contact,

regarding this Request for Proposals is expressly forbidden except with the permission of the

Purchasing Manager. Violation of this directive may result in a determination that the Offeror is

ineligible for award.

b. All proposals must be signed by an officer or employee having the authority to sign on behalf of the firm.



c. All proposals shall be submitted sealed with the proposal number, date and time clearly marked on the

outside of the envelope or package. Proposals received by the Purchasing Manager after the due date and

time will not be accepted or considered. Failure to return required documents and information specified

herein may result in a determination that the proposal is non-responsive. Electronic transmittals (i.e. fax,

email, etc.) will not be considered. All costs associated with preparing a proposal, including any mailing

costs, are the Offeror’s responsibility.

d. Prices, when requested, shall be stated in units of quantity specified. No additional charges shall be passed

on to the County, including sales tax, delivery charges or other surcharges. All deliveries shall be F.O.B.

Destination.

e. If the County is closed for business at the time scheduled for proposal opening, regardless of reason,

proposals will be accepted on the next business day of the County, at the originally scheduled time.

f. The Terms and Conditions in this Request for Proposals shall supersede any terms and conditions offered.

Any additional conditions an Offeror intends to be considered, must be submitted as part of the proposal

and be indicated on the Proposal Form. Such exceptions may result in the proposal being determined non-

responsive.

g. Submission of a proposal by the Offeror is not to be construed as an award or an order to ship.

h. A proposal by the Offeror certifies that they are not currently debarred or suspended by a local, state or

federal government entity from doing business with that entity. If a debarment or suspension exists,

supporting information shall be provided with the response. Suspension or debarment may disqualify the

Offeror from award of a contract.

i. A bid/proposal may be amended and/or withdrawn by a bidder or offeror if the request is received in

writing before the due date and hour. The request must be signed by a person authorized to represent the

vendor or firm that submitted the bid/proposal. Submission of a subsequent bid/proposal unless

specifically identified as an additional bid, shall constitute the withdrawal of any prior one submitted by

the same bidder or offeror on the same Invitation for Bid/Request for Proposal.

Withdrawal of bids/proposals after opening is governed by the Code of Virginia §2.2-4330. The bidder/

offeror shall give notice in writing of his/her claim of right to withdraw his/her bid/proposal within two

business days after conclusion of the bid opening or receipt of proposals procedure and shall submit

original work papers with such notice.

j. The County posts all solicitations and related documents on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov). A direct link to all County solicitations is located here.

4. ADDENDA: Changes or supplemental instructions to this Invitation for Bids will be posted online with this

solicitation. It is the Bidder's responsibility to check for addenda prior to the bid due date and time to ensure

that all addenda are received.

All Bidders shall acknowledge receipt of Addenda with the bid. Acknowledgement of all Addenda shall be in

the space provided on the Bid Form or by returning a copy of each signed Addendum. If all Addenda are not

acknowledged, the bid may be determined non-responsive.

The County posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov). A direct link to County of Frederick, VA solicitations is located here.







5. AWARD

a. A notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov ). A direct link to County of Frederick, VA solicitations is located here.

b. Award will be made to the lowest responsive and responsible Bidder (reference Method of Award

provision contained herein). The ability, capacity, skill, character, integrity, reputation, judgement,

experience, efficiency, ability to perform within the time specified, quality of performance of previous

contracts, financial resources, suitability of goods or services to particular purpose and future maintenance

and service and any exceptions noted will be taken into consideration in making an award.

c. The County reserves the right to reject any bid in whole or in part, delete items before making an award

and when the County determines that any of the bid prices are significantly unbalanced to the potential

detriment of the County and for other reasons when in the County’s best interest.

d. The County reserves the right to waive any informality if it is determined to be in the best interest of the

County.

e. In case of an error in the extension of prices, the unit price(s) shall govern.

f. If the bid from the lowest responsive and responsible Bidder exceeds available funds, the Purchasing

Agent or designee may negotiate with the apparent low Bidder to obtain a contract price within available

funds.

g. A Bidder may protest the award or decision to award by submitting such protest in writing to the

Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award.

No protest shall lie for a claim that the selected Bidder is not a responsible Bidder. The written protest

shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in

writing within ten (10) business days stating the reasons for the action taken. This decision shall be final

unless the Bidder appeals within ten (10) days of the written decision by invoking legal action as

established by the Code of Virginia.

6. AVAILABILITY OF FUNDS: A contract shall be deemed in force only to the extent of availability of an

annual appropriation by the County for the purchase of such goods and/or services. The County’s extended

obligations on contracts that include funding through successive fiscal periods shall be contingent upon

actual appropriations for the successive periods (additional years).

7. AUTHORIZATION TO TRANSACT BUSINESS IN VIRGINIA: All Bidders organized or authorized to

transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the

identification number issued to it by the State Corporation Commission. Any Bidder that is not required to

be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title

50, as amended, or as otherwise required by law shall include in the bid a statement describing why the

Bidder is not required to be so authorized.

Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its

existence to lapse or its Certificate of Authority or Registration to Transact Business in the Commonwealth, if

so required under Title 13.1 or Title 50, as amended, to be revoked or cancelled at any time during the term of

the contract. The County may void any contract with a business entity if the business entity fails to remain in





compliance with the provisions of this section. Visit https://www.scc.virginia.gov/ for more information.

8. COOPERATIVE PURCHASE: If authorized by the Bidder, the contract resulting from this Invitation for

Bids may be extended to other public bodies, public agencies or institutions within the United States to

purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s)

directly with the Contractor(s). The County is not a party to such contracts and is not responsible for

placement of orders and payment or discrepancies of the participating jurisdictions. It is the Bidder’s

responsibility to notify the jurisdictions of the availability of contract(s). Bidders who do not wish to extend

the terms, conditions and prices to other public entities shall so indicate in the bid (Attachment A, #8).

Cooperative purchases are not extended for construction related projects.

9. SMALL, WOMEN-OWNED MINORITY AND SERVICE-DISABLED VETERAN-OWNED

BUSINESS REQUIREMENTS: The County of Frederick desires to facilitate the establishment,

preservation, and strengthening of small businesses and businesses owned by women, minority individuals

and service-disabled veterans and to encourage their participation in the County's procurement activities. The

County encourages these firms to compete and encourages non-minority firms to provide for the participation

of small businesses and businesses owned by women, minority individuals and service-disabled veterans

through partnerships, joint ventures, subcontracts, and other contractual opportunities. A directory of

Commonwealth of Virginia Small, Women-Owned Minority and Service-Disabled Veteran-Owned

businesses can be found at https://directory.sbsd.virginia.gov. Bidders are requested to complete the SWaM

Business Indicator on the Bid Form.

10. FAITH BASED ORGANIZATIONS: In accordance with the Code of Virginia § 2.2-4343.1, the County

does not discriminate against faith-based organizations.

11. NON-DISCRIMINATION: During the performance of this contract, the Contractor agrees as follows:

a. It will not discriminate against any employees or applicants for employment because of race, religion,

color, sex, national origin, age, disability, status as a disabled veteran, or any other basis prohibited by

federal or state law relating to discrimination in employment, except where one or more of these are a

bona fide occupational qualification reasonably necessary to the normal operations 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 non-discrimination clause.

b. The Contractor will be and state that he is an equal opportunity employer in all solicitations or

advertisements for employees.

c. 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.

d. The Contractor will include the provisions of the foregoing paragraphs (a), (b) and (c) in every

subcontract or Purchase Order over $10,000, so that the provisions will be binding upon each

subcontractor or vendor.

12. DRUG FREE WORKPLACE: In accordance with the Code of Virginia § 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 prohibition; (iii) state in all solicitations or advertisements for

employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and

https://www.scc.virginia.gov/

https://directory.sbsd.virginia.gov/#/



(iv) include the provisions of the foregoing clauses in every subcontract or Purchase Order over $10,000, so

that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this subsection, “A 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 this subsection, 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.

13. PAYMENT TERMS: Payment will be authorized following receipt of a valid invoice and delivery of goods

or completion of services according to specifications and subject to inspections. Payments shall be in

accordance with the Acknowledgement of Payment Procedures, which can be found at

www.fcva.us/purchasing.

a. Payment terms shall be “Net 30 Days" unless otherwise stated by the Bidder on the Bid Form. Alternate

terms may be offered by Bidder for prompt payment of bills.

b. The payment terms stated herein must appear on the Contractor’s invoice. Failure to comply with this

requirement may result in the invoice being returned to the Contractor for correction.

c. Late payment charges shall not exceed the allowable rate specified by the Commonwealth of Virginia

Prompt Payment Act. (1% per month).

d. If offered by the Bidder, a payment discount period shall be computed from the date of proper receipt of a

valid invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.

14. HOLD HARMLESS AND INDEMNIFICATION: The Contractor shall defend, indemnify and hold the

County, and County’s employees, agents, and volunteers, harmless, from and against any and all damage

claim, liability, cost, or expense (including, without limitation, reasonable attorney’s fees and court costs) of

every kind and nature (including, without limitation, those arising from any injury or damage to any person,

property or business) incurred by or claimed against the Contractor, its employees, agents, and volunteers, or

incurred by or claimed against the County, County’s employees, agents, and volunteers, arising out of, or in

connection with, the performance of all services hereunder by the Contractor. This indemnification and hold

harmless includes, but is not limited to, any financial or other loss, any adverse regulatory, agency or

administrative sanctions or civil penalties incurred by the County due to the negligent, fraudulent or criminal

acts of the Contractor or any of the Contractor’s officers, shareholders, employees, agents, contractors,

subcontractors, or any other person or entity acting on behalf of the Contractor. Unless otherwise provided by

law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or

type of damages, compensation, or benefits payable by or for the Contractor under worker’s compensation

acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This

paragraph shall survive the termination of the contract including any renewal or extension thereof.

The Contractor agrees to defend and save the County, its agents, officials, volunteers and employees,

harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented

or unpatented invention, goods and/or services or appliances furnished or used in the performance of the

contract, or which the Contractor is not the patentee, assignee, or licensee, to the same extent as provided in

the above paragraph.

15. INTERPRETATION OF SPECIFICATIONS: The apparent silence in the specifications and any

supplemental specifications as to any detail or the omission from the specifications shall be regarded as

http://www.fcva.us/purchasing



meaning that only the best commercial practices are to prevail and correct type, size and design are to be used.

All interpretations of these specifications shall be made on the basis of this statement.

16. LAWS AND REGULATIONS: The Contractor shall keep fully informed of all federal, state and local laws,

ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times

observe and comply with all such laws, ordinances and regulations.

17. GOVERNING LAW AND FORUM SELECTION: This solicitation is subject to the laws of the

Commonwealth of Virginia and the County of Frederick, Virginia. By virtue of entering into a contract,

Contractor submits itself to a court of competent jurisdiction serving Frederick County, Virginia, and further

agrees that this contract is controlled by the laws of the Commonwealth of Virginia and that all claims,

disputes, and other matters shall only be decided by said court accordingly.

18. RIGHTS UNDER ANTITRUST LAWS: The Bidder assigns to the County any and all rights that it may

have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from

or pertaining to the bid. This provision is remedial in nature and is to be liberally construed by any court in

favor of the County.

19. ETHICS IN PUBLIC CONTRACTING: Pursuant to the Virginia Code § 2.2-4367: By submitting a bid,

the bidder certifies that their proposal is made without collusion of fraud and that they have not offered or

received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in

connection with their 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.

20. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Bidder certifies that it does not and

will not during the performance of this Agreement knowingly violate the provisions of the Federal

Immigration Reform and Control Act of 1986, as amended, which prohibits employment of illegal aliens.

21. ASSIGNMENT OF CONTRACT: A Contractor may not assign or transfer this contract and/or Purchase

Order in whole or in part except with the prior written consent of the County, which may be withheld in the

County’s sole and exclusive discretion.

22. DEFAULT: In event of default by the Contractor, the County reserves the right to procure the goods and/or

services from other sources and hold the Contractor liable for any excess cost occasioned thereby.

23. TERMINATION FOR CONVENIENCE: The County may terminate a contract when funds are not

appropriated for the specified goods or services or when it is determined to be in the County’s best interest

without providing specific cause.

24. TERMINATION FOR CAUSE: In the event that the Contractor shall for any reason or through any cause

be in default of the terms, conditions, or obligations of the contract documents, the County may give the

Contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of

the contract documents are considered material.

The County may, in its discretion, provide the Contractor an opportunity to cure the default, if curable, prior

to termination. Unless a different duration is provided in the notice of default, or agreed upon by the parties in

writing, the Contractor shall have fourteen (14) calendar days to cure the default from the date such notice is

mailed to the Contractor unless notification is by electronic means (fax/email) or personal delivery, in which

case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the Contractor to



cure the default, the County may immediately terminate the contract effective as of the mailing or delivery of

the default notice. If the County terminates the contract, the Contractor shall remain liable for performance of

all terms, conditions, and obligations through the date of termination. Termination by the County shall not

constitute a waiver by the County of any other rights or remedies available to the County by law or contract.

In addition, failure of the Contractor to perform the obligations of the contract may result in debarment of the

Contractor for a period of up to three years. Termination and/or debarment of the Contractor shall not

constitute a waiver by the County of any other rights or remedies available to the County by law or contract.

25. RIGHTS AND REMEDIES NOT WAIVED: In no event shall a payment by the County to the Contractor

or the waiver by the County of any provision under the contract, including any obligation of the Contractor,

constitute or be construed as a waiver by the County of any other provision, obligation, breach of covenant, or

any default which may exist under this contract on the part of the Contractor, and the making of any such

payment by the County while any such breach or default exists shall not impair or prejudice any rights or

remedies available to the County.

26. SEVERABILITY: If any provision of the Contract resulting from this Invitation for Bids or the application

thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this

contract, or the application of such provision to persons or circumstances other than those which it is invalid

or unenforceable, shall not be affected, and each provision of this contract shall be valid and enforced to the

full extent permitted by law.

27. INDEPENDENT CONTRACTOR: The Contractor and any employees, agents, or other persons or entities

acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or

agents of the County.

28. CONFLICT: In the event of a conflict between the contract documents, including these terms and conditions

and the terms of a purchase order or related document issued by the Finance Department, the contract

documents shall control.

29. CONTRACTUAL DISPUTES: Any dispute concerning a question of fact as a result of a contract with the

County which is not disposed of by agreement shall be decided by the County Administrator, who shall

reduce a decision to writing and mail or otherwise forward a copy to the Contractor within ninety (90) days.

The decision of the County Administrator shall be final and conclusive unless the Contractor appeals within

six (6) months of the date of the final written decision by instituting legal action as provided in the Code of

Virginia. A Contractor may not institute legal action, prior to receipt of the County Administrator’s decision on

the claim, unless the County fails to render such decision within the time specified.

a. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty (60)

days after final payment; however, written notice of the Contractor's intention to file such claim shall

have been given at the time of the occurrence or beginning of the work upon which the claim is based.

Nothing herein shall preclude a contract from requiring submission of an invoice for final payment

within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency

of claims shall not delay payment of amounts agreed due in the final payment.

30. NON-EXCLUSIVE CONTRACT: Nothing herein is intended nor shall be construed as creating any

exclusive arrangement with the Contractor. The contract shall not restrict the County from acquiring similar,

equal or like goods and/or services from other sources.

31. RECORDS AND INSPECTION: The Contractor shall maintain full and accurate records with respect to all

matters covered under this contract, including, without limitation, accounting records, written policies and



procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect,

and substantiate charges or fees related to this contract. The Contractor’s records shall be open to inspection

and subject to audit and/or reproduction, during normal working hours, by the County and its employees,

agents or authorized representatives after giving at least three (3) days’ notice to the Contractor by the

County. The County shall have access to such records from the effective date of this contract, for the duration

of the contract, and for five (5) years after the date of final payment by the County to the Contractor pursuant

to this contract or any renewal or extension of this contract. The County’s employees, agents or authorized

representatives shall have access to the Contractor’s facilities, shall have access to all necessary records, and

shall be provided adequate and appropriate workspace, in order to conduct audits.

32. VIRGINIA FREEDOM OF INFORMATION ACT: Public inspection of all records is strictly governed

by Code of Virginia 2.2-4342 and in accordance with the Virginia Freedom of Information Act (VA Code

2.2-3700 et seq). Any inspection of procurement transactions shall be subject to reasonable restrictions to

ensure the security and integrity of the records. Cost estimates relating to a proposed procurement transaction

prepared by or for a public body shall not be open to public inspection.

33. ENTIRE AGREEMENT: The contract resulting from this Invitation for Bids and any additional or

supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon

by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract

or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be

modified, altered, changed or amended unless in writing and signed by the parties hereto.

ACKNOWLEDGEMENT OF PAYMENT PROCEDURES

(Completed Form Shall Be Submitted with Proposal)

I hereby acknowledge that I have reviewed the “General Terms and Conditions” contained within

this Request for Proposals from the County of Frederick, Virginia.

I hereby further acknowledge that, with regard to payments to vendors under contracts with the

County of Frederick, Virginia, the General Conditions state as follows:

PAYMENT –

a. Payment shall be made after satisfactory performance of the contract, in accordance with all of the

provisions thereof, and upon receipt of a properly completed invoice. Frederick County, VA

reserves the right to withhold any or all payments or portions thereof for Contractor's failure to

perform in accordance with the provisions of the contract or any modifications thereto.

b. Contractors shall indicate the payment methods that they will accept. Frederick County offers two

payment methods, purchasing card (VISA credit card) or ACH (electronic deposit). Acceptance of

payment by purchasing card usually means that the vendor will need to have credit card processing

capability, however the County encourages vendors to check with their financial institutions to

ascertain precisely what is necessary to accept the purchasing card. Frederick County will not pay

additional fees in excess of the offered price to contractor for purchasing card acceptance to

include, but not limited to, convenience fees and/or surcharges.

I hereby accept and agree to comply with the foregoing as well as all other terms and conditions of the

Contract.

I hereby acknowledge my understanding that if I have indicated that purchasing card is an acceptable

method of payment, Frederick County will make all payments under this contract by purchasing card

and a penalty, not to exceed 3%, will be assessed if purchasing card is not honored at the time of

payment.

Please indicate payment method(s) accepted: ____Purchasing Card and/or____ACH.

By:

Print Name: _

Company:

Title:

Address:

Phone:

Solicitation #2021-02WRAA AIRPORT ENGINEERING AND ...

Documents