2023-04 IFB Paving.pdf

Page County, Virginia

Sealed Invitation for Bids

Asphalt Paving and Repair

#2023-04

Bid Due Date: January 19, 2024

Bid Due Time: 10:00 AM

Note: Each vendor is required to attend a pre-bid meeting on Tuesday, January 9, 2024, at 10:00

AM. The meeting will be held in the parking lot behind the Page County Government Center at 103

South Court Street, Luray, Virginia 22835. Only those vendors who have signed in at the mandatory pre-bid meeting will be eligible to submit a bid. Vendors will be able to inspect the jobsite, take measurements, and ask questions. Register for the meeting by 5:00 PM on Monday, January 8, 2024. To register for the meeting, please contact Cindy Stidham at cstidham@pagecounty.virginia.gov or (540) 743-4998, extension 1204.

mailto:cstidham@pagecounty.virginia.gov

IFB #2023-04 ASPHALT PAVING AND REPAIR i

Table of Contents

Public Notice

Introduction and Background

Scope of Work

Bid Requirements

Mandatory Pre-bid Meeting

Anticipated Timeline

Bid Deadline and Opening

Notice of Award

Bid Inquiries and Addenda

Special Terms and Conditions

General Terms and Conditions

Attachment A – Bid Response Form

IFB #2023-04 ASPHALT PAVING AND REPAIR 1

Public Notice

Sealed Invitation for Bids

IFB #2023-04

Asphalt Paving and Repair

The County of Page is soliciting competitive sealed bids from qualified firms for asphalt paving and repair at the Page County Government Center at 103 South Court Street, Luray, Virginia 22835, and the Courthouse at 116 South Court Street, Luray, Virginia 22835, as specified in this Invitation for

Bids.

Each vendor is required to attend a pre-bid meeting on Tuesday, January 9, 2024, at 10:00 AM. The meeting will be held in the parking lot behind the Government Center at 103 South Court Street, Luray, Virginia 22835. Only those vendors who have signed in at the mandatory pre-bid meeting will be eligible to submit a bid. Vendors will be able to inspect the jobsite, take measurements, and ask questions. Register for the meeting by 5:00 PM on Monday, January 8, 2024. To register for the meeting, please contact Cindy Stidham at cstidham@pagecounty.virginia.gov or (540) 743-4998, extension 1204.

Bid documents are available at the Page County Finance Department, 103 South Court Street, Suite

F, Luray, Virginia 22835. Bid documents can also be found online at www.pagecounty.virginia.gov by clicking on Bid Postings under Popular Links.

Bids must be received by January 19, 2024, at 10:00 AM. Bids can be mailed or submitted electronically on eVA. Mailed bids should be labeled “IFB #2023-04” and sent to Cindy Stidham, County of Page, 103 South Court Street, Suite F, Luray, VA 22835.

Each bidder must be an Equal Opportunity Employer as defined by Federal and State laws and the

Code of Virginia §11-51.

Page County reserves the right to reject any and all bids, to waive informalities, and to negotiate with the successful offeror(s).

Amity Moler

County Administrator http://www.pagecounty.virginia.gov/

IFB #2023-04 ASPHALT PAVING AND REPAIR 2

Introduction and Background

A. The intent of this “Invitation for Bids” (hereinafter known as “this document”) and resulting contract is to obtain the services of a qualified firm (hereinafter known as “Vendor”) to provide asphalt paving and repair services at the Page County Government Center at 103

South Court Street and the Courthouse at 116 South Court Street, Luray, Virginia 22835.

B. Vendors shall include costs of all fuel, labor, travel, equipment, material, insurance, and administrative resources, and other items as necessary, needed to successfully fulfill the requirements of this IFB in their respective bid submissions.

C. Vendors will be asked to price the project based on the bid response form included in this

IFB.

D. The award(s) shall be based on the bidder(s)’ ability to meet all IFB requirements. Page

County will award the bid to the lowest responsive and responsible bidder, which is the bidder who fully complies with all of the bid requirements and whose past performance, reputation, and financial capability is deemed acceptable and has offered the most advantageous pricing or cost benefit, based on the criteria stipulated in the bid documents.

E. If award of a contract to the lowest responsive and responsible bidder is precluded because of limitations on available funds, under the provisions of §2.2-4318 of the Code of Virginia, the County of Page reserves the right to negotiate with such bidder to obtain a contract price within the available funds.

F. Any contract resulting from this solicitation shall be governed in any respects by the laws of

Virginia, and any litigation with respect thereto shall be brought in the courts of the

Commonwealth of Virginia. The Contract shall comply with all applicable federal, state, and local laws and regulations.

IFB #2023-04 ASPHALT PAVING AND REPAIR 3

Scope of Work

A. The intent and purpose of this IFB is to obtain the services of a qualified firm to provide asphalt paving and repair at the Page County Government Center at 103 South Court Street, Luray, Virginia, 22835 and the Courthouse 116 South Court Street, Luray, Virginia, 22835.

B. The vendor shall furnish all labor, supervision, equipment, tools, transportation, and materials necessary to do the work listed below.

a. Crack filling and repairing any areas needed.

b. Resealing the entire parking lot.

c. Restriping any and all lines.

Bid Requirements and Submission

A. Bids should include the following:

a. Response Form (see Attachment A)

b. A proposed scope of services and project schedule, including projected start and completion dates;

c. A minimum of three (3) references from clients for whom similar projects have been completed by the bidder; and

d. Proof of professional liability insurance, including policy limits and deductibles.

B. Bids should be marked “IFB #2023-04” and be received by January 19, 2024, at 10:00 AM.

C. Bid Submission

a. Bids can be mailed to Cindy Stidham, County of Page, 103 South Court Street, Suite

F, Luray, VA 22835.

b. Bids can be submitted electronically on eVA; however, bidders must be registered in eVA to do so. The following are instructions for submitting an electronic bid:

1. Go to www.eva.virginia.gov;

2. Click on “I Sell to Virginia;”

3. Click on “eVA Supplier Training;” and

4. Click on “Viewing and Responding to Solicitations Video.”

Mandatory Pre-bid Meeting

A. Each vendor is required to attend a pre-bid meeting on Tuesday, January 9, 2024, at 10:00

AM. The meeting will be held in the parking lot behind the Page County Government Center at

103 South Court Street, Luray, Virginia 22835. Only those vendors who have signed in at the mandatory pre-bid meeting will be eligible to submit a bid. Vendors will be able to inspect the jobsite, take measurements, and ask questions. Register for the meeting by 5:00 PM on

Monday, January 8, 2024. To register for the meeting, please contact Cindy Stidham at cstidham@pagecounty.virginia.gov or (540) 743-4998, extension 1204.

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

IFB #2023-04 ASPHALT PAVING AND REPAIR 4

B. In the event that the Page County Government Center is closed during the scheduled times for a pre-bid meeting, the County will notify the public of the closure with a post on the

County website at www.pagecounty.virginia.gov and on the County’s Facebook page. Once the pre-bid meeting is rescheduled, a notice will be posted on the County Website under the

Bid Postings section. It is the vendor’s responsibility to check the County website for these notices.

Anticipated Timeline

IFB ADVERTISED December 7, 2023

MANDATORY PRE-BID MEETING January 9, 2024, 10:00 AM

(See above information to register.)

QUESTIONS DEADLINE January 12, 2024, at 5:00 PM

BIDS DUE January 19, 2024, at 10:00 AM

BID AWARD Estimated 1-3 weeks from bid due date.

PROJECT TIME FRAME The selected bidder can begin work immediately after the award, if weather permits. The selected vendor should have the work completed by June 30, 2024.

Bid Deadline and Opening

A. Bids are due on January 19, 2024 at 10:00 AM, at which time they will be opened in the

Boardroom on the 2nd floor of the Page County Government Center, 103 South Court Street, Luray, VA 22835. Late bids will not be accepted.

B. In the event that the Page County Government Center is closed during the scheduled time for the bid opening, the County will notify the public of the closure with a post on the County website at www.pagecounty.virginia.gov and on the County’s Facebook page. Once the bid opening is rescheduled, a notice will be posted on the County website under the Bid Postings section. It is the vendor’s responsibility to check the County website for these notices.

IFB #2023-04 ASPHALT PAVING AND REPAIR 5

Notice of Award

A. All Notices of Award or Non-Award and Notices of Intent to Award will be posted on the

County website, www.pagecounty.virginia.gov, under Bid Postings. Any bid tabulations will be posted on the County website as well.

B. In the event that the bids do not meet the County’s requirements, the County reserves the right, at its sole discretion to accept or reject any or all bids and maintains no obligation to select any bid.

Bid Inquiries and Addenda

A. All questions should be done in writing via email to Kevin Tester, Maintenance Supervisor, at ktester@pagecounty.virginia.gov. Please have all questions submitted no later than January

12, 2024, at 5:00 PM. This will allow time to answer all questions and issue any addendum, if necessary.

B. Questions will likely either be answered directly by an email or through an addendum.

C. Addenda may occur prior to bid opening. It is the vendor’s responsibility to check the website

(www.pagecounty.virginia.gov, under Bid Postings) frequently to ensure that all solicitation information is complete and accurate. Upon award, this document in its entirety including any forms and addenda shall be referred to as the contract.

D. The County will attempt to notify all vendors that are known to have a complete set of Bid

Documents; however, it is ultimately the responsibility of each company to check the County website for addendums.

E. No addenda will be issued later than two (2) days prior to the date of receipt for Bids except:

a. Any addendum withdrawing the Invitation for Bids or

b. Any addendum that includes postponement of the date of receipt for Bids.

F. Each Vendor should ascertain before submitting a Bid how many addenda, if any, were issued.

G. Each Vendor should certify on the Response Form the number of additional addenda received.

mailto:ktester@pagecounty.virginia.gov

IFB #2023-04 ASPHALT PAVING AND REPAIR 6

Special Terms and Conditions

A. Insurance Requirements

a. A Certificate of Insurance will be required from the selected vendor. Please refer to

General Terms and Conditions for complete instructions. Please include a sample of your Certificate of Insurance with your proposal. All vendors shall include the cost of insurance in their proposal pricing.

b. Worker’s Compensation Coverage is required for employers of three or more employees, to include the employer. Contractors who fail to notify Page County of increases in the number of employees and subcontractors that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

Vendors (employers of three or more employees) shall include the cost of worker’s compensation insurance in their proposal pricing. The selected vendor (if employer of three or more employees) must provide evidence of Worker’s Compensation

Insurance before starting any work. All vendors are solely responsible for insuring their workers and themselves when doing work for Page County.

A vendor (employers of three or more employees) without worker’s compensation insurance can submit a proposal; however, the selected vendor must purchase and show evidence of the worker’s compensation to the County before receiving the contract or starting any work.

Employers with less than three employees are not required to have worker’s compensation coverage. Employers with less than three employees that do not have worker’s compensation coverage agree that by submitting a bid that they are independent contractors and that the vendor and its employees are not employed by the County of Page and are not covered by the County’s worker’s compensation coverage program.

c. Be sure to instruct the insurance carrier as to how the Certificate of Insurance is to be worded. Instructions are included in the General Terms and Conditions.

d. Vendor shall be responsible for requiring any subcontractor to have the required amount and types of insurance stated in this IFB.

e. Please contact the Finance Department for clarification and discussion, if needed.

f. Note that the selected vendor shall furnish the County with all certificates of insurance, endorsements, declaration pages, and policies affecting coverage. The selected vendor must provide an endorsement letter that verifies that Page County, its officers, officials, employees, volunteers, and agents (as their interest may appear) are additional insured.

g. The County shall not be responsible for any injury (including death) of any vendor or subcontractor that is visiting, inspecting, climbing, or conducting any work related to this procurement and the contract awarded in response to this procurement.

IFB #2023-04 ASPHALT PAVING AND REPAIR 7

B. Codes, Permits, Fees, Licenses, and Notices

a. It is the responsibility of the Vendor to maintain all required licensing and training for his/her employees to provide the services as stated in this IFB.

b. Costs for these items shall be the responsibility of the Vendor and shall be included in the bid price(s).

c. The Vendor shall supply copies of all licenses to Page County, upon request.

d. The Vendor 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.

e. A business license from Page County and/or a license from one of the Towns within the County may be required. Only the selected vendor would be required to have a business license from the County or Town, if applicable.

A vendor without a Page County business license may submit a bid; however, the selected vendor may need to acquire a license before starting work.

f. The selected vendor shall be responsible for filling out any necessary permit applications for the County.

IFB #2023-04 ASPHALT PAVING AND REPAIR 8

General Terms and Conditions

A. COMPETITION INTENDED: It is Page County’s intent that this document permits competition. It shall be the prospective bidder’s responsibility to advise the Finance Director in writing if any language requirements, specifications, etc., or any combinations thereof, inadvertently restrict or limit the requirements stated in this document to a single source.

The Finance Director must receive such notification not later than ten (10) calendar days prior to the date set for the bids to close.

B. INQUIRIES: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder shall contact the employee listed in the Bid Inquiries and Addenda section by the specified date.

C. ADDENDA: Any and all changes will be made by addendum. All addenda issued will become part of the bid.

D. INCONSISTENCY IN PROVISIONS: In the event there are inconsistencies between the General Terms and Conditions and any other schedules contained herein, the first shall govern.

E. COOPERATIVE PURCHASING: It is the desire of Page County that all other jurisdictions be allowed to “ride the bid” and enter in to a contract with any successful Contractor chosen by Page County, based on mutual agreement between successful Contractor(s) and other jurisdiction(s).

If this bid is used as a cooperative IFB issued by Page County, the following would apply:

1. Page County is acting as the “Contracting Agent” for the jurisdictions concerned and shall not be held liable for any costs, damages, etc., incurred by any other jurisdiction.

2. Each jurisdiction will execute its own purchase orders with the Contractor(s) and be invoiced accordingly, in accordance with each jurisdiction’s purchasing policy and procedures.

3. For copies of other jurisdictions’ terms and conditions, Contractor must contact them.

F. ETHICS IN PUBLIC CONTRACTING: The provisions contained in Article 6 of the Virginia Public Procurement Act (VPPA) as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered in to by

Page County. A copy of these provisions may be obtained from the Finance Director upon request.

By submitting their bids, all bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or Subcontractor in connection with their bid, and that they have not conferred to any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

The provisions referenced above supplement, but do not supersede, other provisions of law including, but not limited to, the Virginia Conflict of Interest Act (§2.2-3100 et. Seq.). The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the Virginia Conflict of Interests Act. To the extent that violations of the ethical standards of conduct constitute violations of the Code of Virginia, they shall be punishable as provided therein. Such sanctions shall be in addition to the civil remedies set forth.

By entering into a contract, the bidder conveys, sells, assigns, and transfers to Page County, all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the anti-trust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by Page County, under said contract.

Consistent and continued tie bidding could cause rejection of bids by Page County and/or investigation for anti-trust violations.

G. TAX-EXEMPT STATUS: Since municipalities and school districts are exempt from all direct federal and state taxes, Page

County is tax-exempt and will provide a tax-exempt certificate upon request. Contractor is responsible for paying any and all taxes on any purchases that it directly makes.

H. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed by the laws of the

Commonwealth of Virginia. All Court proceedings shall be held in the Commonwealth of Virginia. The contractor shall comply with all applicable federal, state and local laws, rules, ordinances, and regulations.

I. FIRM BID PRICING: Page County requires the bid price remains firm for ninety (90) days after date of the bid opening, during which period bids may not be withdrawn. “Discount from list” bids are not acceptable unless requested.

IFB #2023-04 ASPHALT PAVING AND REPAIR 9

J. TIE BIDS: The Finance Department and all other departments of Page County making purchases of services, supplies, material or equipment, shall, in making purchases of same, give preference to services, supplies, material or equipment sold by Page County and the State of Virginia vendors, in that order, in all cases of tie bids, quality and service being equal.

K. ANTI-DISCRIMINATION: Every individual or firm bidding must be an Equal Opportunity Employer as defined by federal law and the Code of Virginia, Virginia Public Procurement Act as amended: “Section 2.2-4311, Employment

Discrimination by Contractor Prohibited” which reads:

All public bodies shall include in every contract of more than $10,000 the following provisions:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

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.

2. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

L. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bids, bidders certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the

Federal Immigration Reform and Control Act of 1986.

M. DEBARMENT STATUS: By submitting a bid, the bidder certifies that they are not currently debarred by the Federal

Government, Commonwealth of Virginia, or by any City, Town, or County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

N. RESPONSE FORM PROCEDURES:

1. Response Forms must be signed and received at the Finance Department, before the opening hour.

2. Sealed Bids and Sealed Proposals offered by fax and or telephone will not be accepted.

3. Quotes offered by fax will be accepted; however, telephone quotes will not be accepted.

4. All Response Forms delivered in person must be delivered to the Finance Department.

5. In submitting a Response Form, the bidder signifies that he/she is fully informed as to the extent and character of the supplies, materials, equipment and/or services necessary to perform this project in accordance with all documents constituting the bid and will comply satisfactorily with the bid documents.

6. Further, the bidder signifies that, when necessary, he/she has inspected the site on which the work shall be done and is aware of all conditions affecting the execution of the work contained within the bid documents. Failure to visit the site will in no way relieve the successful bidder from performance under the contract.

7. All information required by the solicitation must be supplied to constitute a responsive bid. All information submitted including prices should be typed so as to insure legibility. However, the bidder’s signature shall be handwritten in ink in order for the bid to be considered.

8. The bidder expressly warrants that the price or prices quoted herein are not the result of an agreement or understanding expressed or implied with any other bidder or bidders.

9. By submitting a Response Form, bidders certify that they are not currently debarred by Page County from submitting bids, proposals or quotes on contracts, nor are they an agent of any person or entity that is currently debarred by Page County from submitting bids, proposals or quotes.

10. Any Response Form submitted with corrections must have corrections initialed by the person who signed the original. The unit price will prevail in the event an error is made in computing totals.

11. All prices for materials are to be F.O.B. Destination, prepaid and allowed. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order, commodity description, and quantity.

12. The successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his/her right, title, or interest therein, or his/her power to execute written consent of Page County.

13. Bidders are encouraged to have a representative at the bid opening if information on the bids submitted is desired.

IFB #2023-04 ASPHALT PAVING AND REPAIR 10

14. Bids will be opened at the advertised local prevailing time, but Page County officials reserve the right to take sufficient time to study the various bids and then make the awards. Bids will be awarded as promptly as possible after the closing date.

15. Unless otherwise specified, Response Forms must be submitted in triplicate and will be received at: Page County

Purchasing Office

16. Sealed Bid envelopes must be clearly marked with the IFB number on the outside.

17. Sealed Bids will be received up to the advertised time and date at the Page County Finance Department and at the appointed time will be opened publicly and read aloud. The clock on the Finance Department’s wall will be used to log the time each bid/proposal is received.

18. If more than one bid opening is held the same date, bids will be opened in succession as numbered and lettered

(A, B, C, etc.).

1. Late bids will not be accepted. Bids received in the mail will be returned to the bidder unopened (provided properly sealed and marked as indicated above). Failure to comply with conditions set forth herein may result in removal of bid (all/part) from consideration.

2. All contracts, unless otherwise specifically stated, shall provide materials/commodities in new, first-class condition, fresh stock, latest model, design or pack. This shall include any containers suitable for shipment, usage and/or storage unless otherwise indicated within this document. Verbal agreements to the contrary will not be recognized.

3. Any items or parts of any equipment listed in this solicitation which are not fully described or are omitted from such specifications and which are clearly necessary for the completion of such equipment and its appurtenance shall be considered a part of such equipment although not directly specified or called for in the specifications.

4. By law, Page County will not receive any materials, products, or chemicals that may be hazardous to an employee’s health, unless accompanied by a Material Safety Data Sheet (MSDS) when products and/or chemicals are received. MSDS must be submitted to Page County in triplicate.

O. BID WITHDRAWALS

1. A bidder, for contract other than for public construction, may request withdrawal of his/her bid before award, by submitting a written request to the Finance Director.

2. After bid/proposal opening, corrections shall be permitted only to the extent that the vendor can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the price actually intended. After the opening, no changes in prices or other provisions of bids/proposals prejudicial to the interest of the County or fair competition shall be permitted. In lieu of bid correction, a low bidder/offeror alleging a material mistake of fact may be permitted to withdraw its bid/proposal if:

a. the mistake is clearly evident on the face of the bid/proposal document but the intended correct bid/proposal is not similarly evident; or

b. the vendor submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the Finance Director.

3. If bid bonds were tendered with the bid, Page County may exercise its right of collection. No bid may be withdrawn under this paragraph when the result would be the awarding of the contract on another bid of the same bidder in which the ownership of the withdrawing bidders is more than five percent (5%).

4. If a bid is withdrawn under the authority of this paragraph, the lowest qualified remaining bid shall be deemed to be the low bid.

5. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes shall be supported by a written determination made by the

Finance Director.

6. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor or to perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

P. AWARD SPECIFICS

1. Page County reserves the right to accept, reject and/or cancel all or any part of any Response Form, and to waive minor technicalities.

2. Awards will be made to the lowest responsive and responsible bidder(s), provided services and quality are considered to be equal to (or better than) that offered by other bidders, and the right is reserved to make the award to other than the lowest bidder when it is in the best interest of Page County. Further, Page County will be the sole judge as to conditions affecting such interest.

3. Page County may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the work and/or furnish the item(s), and the bidder shall furnish to Page County all such information and data for this purpose, as may be requested.

4. Page County reserves the right to inspect bidder’s physical facilities before award to satisfy questions regarding the bidder’s capabilities.

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5. Page County further reserves the right to reject any bid, proposal or quote if the evidence submitted by, or investigations of, such bidder fails to satisfy Page County, that such bidder is properly qualified to carry out the obligations of the contract and to complete the work and/or furnish the item(s) contemplated therein.

6. Page County reserves the right to conduct any test/inspection it may deem advisable to assure supplies and services confirm to the specification.

7. A contract shall not be assignable by the Contractor, in whole or part, without the written consent of Page County.

8. Unless otherwise specified, the right is reserved to make award based on all work and/or items, or on any part of work/items, whichever is in the best interest of Page County.

9. The right is reserved to cancel any contract and reject deliveries of any products or materials not in accordance with the specifications. All returns or exchanges will be at the Contractor’s expense. Page County shall be the sole and final judge.

10. The Contractor shall pay all sales, consumer, use and other similar taxes for work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective.

11. The right is reserved to decide when a deviation from specifications is of sufficient consequence, when measured against the purpose for which the item will be purchased, to justify including it for consideration. Page County shall be the sole and final judge.

12. Should the delivery of any part of an order be delayed beyond time specified, or should any portion of the products delivered fail to comply with the specifications, Page County shall have the right to buy at market price for immediately delivery, and any excess cost of same over the price named herein is to be paid by the Contractor or deducted from any money due him/her thereafter.

13. If delay is foreseen, the Contractor shall give thirty (30) days prior written notice to the Finance Director. Page

County has the right to extend delivery date if reasons appear, in the sole discretion of Page County, to be valid.

The Contractor must keep Page County advised at all times of status of order.

14. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the Finance

Department to purchase supplies, equipment or services elsewhere and charge the full increase in cost and handling to the defaulting Contractor.

15. Page County will permit NO SUBSTITUTIONS OR CANCELLATIONS after award without written approval.

16. When Page County notifies a bidder, in writing, of its acceptance of the bidder’s price(s) of any goods or services, this notification will signify the effective date of the acceptance of this contract.

17. Cancellation of a contract for any reason may result in the removal of the successful bidder’s name from the mailing list for future bidding. If the cancellation is for non-performance of the contract, such cancellation may be at the successful bidder’s expense.

18. All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to the Finance

Department before final payment on the contract is made. Unless otherwise stated, the manufacturer’s standard warranty applies.

Q. JUSTIFICATION FOR TERMINATION

1. Page County may terminate this contract in whole or part whenever the Finance Director shall determine that such a termination is in the best interest of Page County.

2. Any such termination shall be affected by delivery to the Contractor at least ten (10) business days prior to the termination of a written Notice of Termination specifying the extent to which performance shall be terminated and the date upon which such termination becomes effective.

3. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit or unperformed services.

4. If any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval by Page County until said work or service is completed and accepted.

5. Possible reasons for termination are:

a. Termination for Convenience – in the event this contract is terminated or cancelled upon request and for the convenience of Page County, without the required ten (10) days advance written notice, then Page County shall negotiate reasonable termination costs, if applicable.

b. Termination for Cause – termination by Page County for cause, default or negligence on the part of the

Contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The ten

(10) days advance notice requirement is waived in the event of Termination for Cause.

c. Termination Due to Unavailability of Funds in Succeeding Fiscal Years – when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.

R. DRUG FREE WORKPLACE: Every individual or firm bidding must be an Equal Opportunity Employer as defined by federal law and the Code of Virginia, Virginia Public Procurement Act as amended: “Section 2.2-4312, Drug-free

Workplace to be Maintained by Contractor; Required Contract Provisions” which reads:

All public bodies shall include in every contract over $10,000 the following provisions:

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During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, 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.

S. INSURANCE REQUIREMENTS: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded.

For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contactor and any subcontractors, at any tier, will maintain this insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

1. Please note the below insurance requirements are guideline minimum amounts only, and, depending on the goods/services required, may be increased or decreased. Any changes in insurance requirements will be referenced within this document, under Specific Reference to General Terms and Conditions.

2. The successful bidder shall procure, maintain and provide proof of insurance coverage for injuries to persons and/or property damage as may arise from, or in conjunction with, the work performed on behalf of Page County by the bidder, his/her agents, representatives, employees or Subcontractors.

3. Actual proof of coverage as contained herein shall be submitted to the Page County Finance Department within five (5) days after award has been made and before any work starts, services are provided, or goods are delivered.

4. The bidder shall maintain such coverage for the duration of the contract period for “occurrence” policies. “Claims made” policies must be in force, or that coverage purchased, for three (3) years after contract completion date.

5. The Certificate of Insurance shall be properly completed as follows:

a. It shall name “Page County, Virginia, its officers, officials, employees, volunteers and agents (as their interest may appear)” as “Certificate Holder”.

b. It shall list “Page County, Virginia, its officers, officials, employees, volunteers and agents (as their interest may appear) added as an additional insured” under “Description of

Operations/Locations/Vehicles/Exclusions Added by Endorsement/Special Provisions”.

c. This provision may not apply to Professional Liability or Workers’ Compensation/Employers’ Liability.

6. The Certificate of Insurance shall be for a minimum of the following:

a. Worker’s Compensation – Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the County of Page of increases in the number of employees that change their workers’ compensation requirements under the

Code of Virginia during the course of the contract shall be in noncompliance with the contract.

b. Employer’s Liability – $100,000

c. General Liability – per occurrence, $1,000,000.00

This coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Bodily

Injury and Property Damage, Personal and Advertising Injury, and Commercial General Liability form including

Products/completed Liability Operations.

d. Automobile Liability – per occurrence, $1,000,000.00

Coverage shall be sufficient to cover all vehicles owned, used or hired by the bidder, his/her agents, representatives, employees and/or Subcontractors.

e. Product Liability – $1,000,000.00

Refer to General Liability above.

f. Professional Liability/Errors and Omissions Coverages are required when soliciting those services as follows:

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design, Inspection or $1,000,000 per occurrence, $3,000,000 aggregate

Abatement Contractors

Health Care Practitioner (to include Dentists, $2,350,000 per occurrence, $7,050,000 aggregate

Licensed Dental Hygienists, Optometrists, IFB #2023-04 ASPHALT PAVING AND REPAIR 13

Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical

Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional

Counselors, Hospitals, or Health Maintenance

Organizations.)

(This complies with §8.01-581.15 of the Code of Virginia)

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

7. The Contractor’s insurance company shall provide thirty (30) days written notice to Page County before any cancellation, suspension, or void of coverage, in whole or part, where such provision is reasonable.

8. Contractor shall be responsible for making sure any/all Subcontractors each provide a Certificate of Insurance and meet all of Page County’s insurance requirements.

9. All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to approval by Page

County. At the option of Page County, either the insurer shall reduce or eliminate such deductible or self-insured retention; or the bidder shall be required to obtain a bond guaranteeing payment of losses and related claims expenses.

10. Failure to comply with any reporting provisions of the policy(ies) shall not affect coverage provided to Page County, its officers/officials, agents, employees and volunteers.

11. The insurer shall agree to waive all rights of subrogation against Page County, its officers/officials, agents, employees and volunteers for any act, omission or condition of premises by which the parties may be held liable by reason of negligence.

12. The bidder shall furnish Page County with the Certificate(s) of Insurance including endorsements affecting coverage. The certificates are to be signed by a person authorized by the insurance company(ies) to bind coverage on its behalf. If executed by a broker, a notarized copy of authorization to bind or certify coverage must be attached.

13. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than A: VII. If A.M. Best rating is less than A.VII, approval must be received from the County Administrator.

14. All coverage designated herein shall be as broad as the Insurance Services Office (ISO) forms filed for use with the Commonwealth of Virginia.

T. BOND REQUIREMENTS

1. Any necessary bonds will be referenced within this document, under Specific Reference to General Terms and

Conditions and the requirements are outlined below.

a. Bid Bonds – Each bidder shall accompany their bid with a bid bond or certified check in the amount of five percent (5%) of the amount bid. Such bond shall serve as liquidated damages and be forfeited in the event the successful bidder fails to enter into the contract.

If a bid bond is required and stated in an invitation for bid and a bidder submits a bid without a bid bond, the bidder will be considered non-responsive and shall be disqualified.

b. Performance and Payment Bonds – The successful Contractor shall furnish both a performance and payment bond, each in the amount equal to one hundred percent (100%) of the contract as security for the faithful performance of this contract.

c. One or more surety companies authorized to do business in Virginia shall execute each of the bonds and the contractor shall select the surety company. Required bonds shall be payable to the County.

2. Any other special bonding requirements will be listed under Specific Reference to General Terms and Conditions.

3. All bonds shall be obtained at bidder’s expense and shall be included in the bid price.

U. PERMITS AND LICENSES

1. Page County will attempt to make reference, within this document, to any necessary permits and licenses under

Special Terms and Conditions. However, the contractor is ultimately responsible for ensuring that he/she has all the required permits and licenses.

2. Page County does not waive any fees involved in securing Page County (or any other) permits. Any required permits and licenses are to be obtained at bidder’s or Contractor’s expense and to be included in the bid price.

3. All permit/license numbers must be indicated on or attached to the Response Form of this document.

V. PAYMENTS TO CONTRACTOR

1. Contractor warrants having clear title to all materials and supplies by submission of invoice being presented for payment.

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2. All submitted invoices shall show payer identification as follows:

a. Contractor shall provide a W-9 form.

b. Payment will be made thirty (30) days after receipt of proper invoice, or thirty (30) days after receipt of all goods or inspection and acceptance of work, whichever is later.

c. Payment shall not preclude Page County from making a claim for adjustment on any item later found not to have been in accordance with the contract.

d. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges that appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the County of Page shall promptly notify the contractor as to those charges that it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification.

e. Materials delivered shall be installed prior to invoicing, or else surety is to be provided.

W. PAYMENTS TO SUBCONTRACTORS

1. Any mention of the term “subcontractor(s)” in this section shall include any and all sub-tier Contractors.

2. By submitting an invoice, the contractor agrees that all subcontractors have been paid or will be paid and the

Contractor shall be responsible for resolving any and all claims submitted by the subcontractors.

X. DISPUTES

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

2. 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 amount agreed due in the final payment.

Y. PROTEST OF AWARD OR DECISION TO AWARD

1. Any bidder or offeror who desires to protest the award or decision to award a contract shall submit such protest, in writing, to the Director of Joint Administrative Services, no later than ten (10) calendar days after the award announcement or decision to award, whichever occurs first.

2. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror.

3. Written protest shall include basis for the protest and relief sought.

Z. USE OF BRAND NAMES

1. Unless otherwise provided within this document, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer names; it conveys the general style, type, character, and/or quality of the article desired, and any article which Page County in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

2. Any catalog, brand name or manufacturer’s reference used in the bid invitation is descriptive – not restrictive – it is to indicate the type and quality desired.

3. Bids on brands of like nature and quality will be considered.

4. If other than brand specified is offered, illustrations and complete description (manufacturer, brand or trade name, catalog number, etc.) must be submitted with bid. Please note that samples may be required.

5. If bidder makes no other bid and takes no exception to the specifications or reference data, the bidder will be required to furnish brand names, numbers, etc., as specified.

6. Bidders, by their signature and submission of bid, certify that any/all item(s) bid upon meet and/or exceed the specifications.

AA. PAYMENT OF PAGE COUNTY TAXES

1. All bidders located or owning property in Page County shall assure that all real and personal property taxes are paid before submitting a bid.

2. Page County will verify payment of all real and personal property taxes by the successful bidder before the award of any contract.

BB. NOTICE OF REQUIRED DISABILITY LEGISLATION COMPLIANCE

1. Page County is required to comply with state and federal disability legislation: §504 of The Rehabilitation Act (RA) of 1973, The Americans with Disabilities Act (ADA) for 1990 Title II, and the Virginians with Disabilities Act (VDA) of 1990.

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2. Specifically, Page County…