24-001 IFB for Ditch Cleaning Services Final 1-24-2024.pdf

INVITATION FOR BIDS

Ditch Cleaning Services

IFB No: 24-001 County of Mathews, Virginia 50 Brickbat Road – Suite 208

Mathews, VA 23109

Sealed bids, subject to the conditions and instructions contained herein, will be received at the Department of Planning, Zoning and Wetlands, 50 Brickbat Road, Suite 103 Mathews, Virginia, 23109, through the due date and hour shown below (local prevailing time), and then publicly opened, for furnishing the following described equipment, materials, and/or services, for delivery and/or performance F.O.B. MATHEW COUNTY, VIRGINIA.

PURPOSE: Mathews County is seeking bids from qualified and properly licensed Virginia contractors to provide an on-call as needed contract for equipment with operator for ditch cleaning services. The successful Contractor is to provide labor, equipment, materials, tools, disposal and supplies necessary to provide outfall ditch cleaning services for Mathews County. The initial term or period of the contract shall be one (1) year with the effective date to be determined at the time of award, with two (2) successive one (1) year optional renewals.

Bids Due: February 23, 2024, at 4:00 PM

Contract Officer: James Knighton, Director of Planning & Zoning email: jknighton@mathewscountyva.gov

ONE ORIGINAL AND TWO COPIES OF YOUR SUBMITTAL ARE REQUESTED

In compliance with this invitation for bids, and subject to all the conditions thereof, the undersigned offers, if this bid is accepted within (60) calendar days from the date of the opening, to furnish any or all of the items and/or services upon which prices are quoted, at the price set opposite each item, to be delivered at the time and place specified herein. The undersigned certifies he has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of the firm named below.

Company Name:

Address:

________________________________________City/State/Zip__________________________

Telephone: ____________FAX No.: ____________E-mail:

Business License Number: _________________ Jurisdiction: ____________________________

Print Name: _______________________________Title: _______________________________ mailto:jknighton@mathewscountyva.gov

Signature: _________________________________________Date: _______________________

II. QUESTIONS REGARDING THIS INVITATION FOR BID

Any questions regarding this invitation for bid shall be addressed to James Knighton at

(804) 725-4034 or at jknighton@mathewscountyva.gov . The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

III. GENERAL

For the purpose of clarification, each firm receiving this Invitation for Bid is referred to as a “Bidder” and the Bidder award the contract to supply the services as referred to as a “Contractor.” Mathews County is referred to as “County,” and “representative” refers to the Director of Planning & Zoning who will be administering the contract. This Invitation for Bid states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between the County and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. Scope of Work: Remove and clean debris and vegetation from outfall ditches in the County at the direction of the Project Administrator. Dispose of excess material in accordance with applicable federal, state and local regulations at an approved disposal site, or side cast excess material in a manner consistent with USACE Norfolk District Regional Permit #15, attached. Off-site disposal or side cast of removed materials will be at the discretion of the Project Administrator.

B. Requirements which the Contractor shall comply with:

1. Personnel Requirements

a. Contractors’ capacity to perform: The Contractor shall ensure their capacity to perform work under this contract, regardless of other contractual responsibilities to the County or elsewhere. The contractor shall be capable of commencing work within the timeframe required herein. The County reserves the right to determine the quantity of each type of equipment needed at each location. The Contractor may be required to provide multiple crews if work to be performed requires.

b. Experience, Qualified Operators/Laborers: The Contractor shall provide experienced, professionally trained, qualified operators for each piece of equipment listed. The operator of each piece of equipment shall possess a valid CDL license when required for the equipment being operated. Any operators determined unqualified by the County shall be replaced by the Contractor immediately with a qualified operator.

c. Price Quoted: the quoted price for equipment shall include the equipment with operator and all associated expenses including but not limited to: profit, direct mailto:jknighton@mathewscountyva.gov and indirect costs, administrative cost, equipment, disposal and personnel transportation, and cellular phones.

d. Crew Supervision: The Contractor shall provide supervision of employees at all times, including assignment of a crew supervisor. The Contractor shall make onsite visits to the job site. The contractor shall have an RLD to ensure compliance with all local and state erosion and sediment control regulations.

e. Contact Person: the Contractor shall assign a contact person, who shall be equipped with a cellular telephone. The contact person shall be responsible for coordinating work, processing daily/weekly reports, overseeing general contract performance issues and meeting with County representatives as needed. The contact person’s name and cellular phone number shall be required prior to commencement of work activities.

f. Cellular phone: during the performance of the contract, the contact person shall carry a functional cellular telephone at all times.

g. Communication: The Contractor shall have at least one individual on the worksite that communicates in the English language, both orally and in writing. This individual shall communicate instructions to the others working under this contract or coordinate this communication.

h. The contractor shall provide evidence of adequate General Liability Insurance and Worker’s Compensation Coverage with a separate endorsement naming the County of Mathews as an additional insured.

i. Contractors Conduct: The contractor shall be responsible for the conduct of all Contractor’s and Subcontractors’ personnel while at the work site.

2. Equipment Requirements

a. Safety Equipment: The Contractor shall provide and ensure all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment shall include, but is not limited to, hard hats, safety vests, steel-toed shoes, gloves, glasses, etc. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract.

b. Maintaining Equipment: The contractor shall possess or have available, prior to the award of the contract, sufficient equipment necessary to perform the work for the awarded contract. The Contractor shall maintain and operate equipment designed for the operation(s) described herein and shall ensure the equipment is maintained in good repair and operating condition.

c. Fueled and Ready: The Contractor, at his own expense, shall have equipment fueled and ready to begin operations prior to reporting to the work site. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools and safety supplies.

d. Traffic Control: Where required by the County, the contractor will provide traffic control, signs, and flaggers, certified with cards for work areas. The contractor shall follow the Work Area Protection Manual, with the supervisor having Intermediate certification to set up the work zone.

C. Commencement of work: All projects will be assigned as they become available.

The contractor shall be expected to begin work within five days of notification. A written notification will be sent to the contractor requesting the date that the work is to commence. The Contractor upon receipt shall acknowledge this notice within 48 hrs. The County will coordinate with the Contractor to go over the project and to discuss the operation.

D. Manner of Conducting Work at the Job Site

1. Satisfaction: All work shall be performed according to the standards of the industry and to the complete satisfaction of the County Contract Administrator

2. Miss Utility: When digging is required, the contractor will contact “Miss

Utility of Virginia” to mark underground utilities prior to the performance of work. The contractor shall not dig until they have verified that the marking has occurred. The Contractor will be responsible for any damages when “Miss Utility” guidelines are not followed.

3. Review of Work Site: The contract administrator, or designee, will review the work site with the Contractor prior to the start of work.

4. Delivery, Parking, and Storage: The Contractor shall not deliver and store equipment at the project site without first obtaining permission from the Contract Administrator, who shall approve the parking and storage arrangements.

5. Cleanup: If Contractor fails to clean up at completion of the work, the Contract Administrator may do so and charge the costs to the Contractor.

E. Method of Ordering Work

1. Work Notification Procedure: The Contractor’s official notification is the purchase order, outlining setup location, quantity and types of equipment required, and expected period of time equipment will be required. In case of critical/immediate need, verbal notification shall be sufficient for the Contractor to begin. Written confirmation (purchase order) will follow within 48 hours.

2. Confirmation / Response Time

a. After receipt of purchase order, the Contractor shall confirm the acceptance of work assignment within 48 hours and begin work within 10 days. The Contractor may, at the time of notification, request additional time to respond. Approval of additional response time will be decided by the County on a case-by-case basis.

b. When there is a requirement for critical mobilization, the contractor shall confirm within 2 hours and work shall begin within 24 hours. The Contractor may, at the time of notification, request additional time to respond. Approval of additional response time will be decided by the County on a case-by-case basis.

3. Critical/Immediate Mobilization: In the event of a critical/immediate need, the Contract Administrator, or designee, may request the Contractor furnish any or all listed equipment within 24 hours of notification.

4. Continuous Operation Requirement: The contractor shall provide continuous operation once they commence work. If this is not done, a Procurement Complaint Form may be issued, which may result in the default of the contract.

5. Contractor’s Failure to Report: If a Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs.

Procurement Complaint Form May be issued against the Contractor.

F. Hours of Work: Work days will be Monday through Friday, unless differently authorized by the Contract Administrator or his/her designee. Scheduled work hours will begin at 7 AM and end at 4 PM. The Contract Administrator reserves the right to alter work schedules as need be. No work shall be allowed on major holidays unless directed by the Contract Administrator. Major Holidays include: January 1, January 16, February 20, Memorial Day, June 19, July 4, Labor Day, Thanksgiving Day, and Christmas Day. If any of these holidays occur on Sunday, the Monday following shall be considered the holiday. If any holiday occurs on a Saturday, the Friday before shall be considered the holiday. Work activities shall only take place when weather conditions permit. Work activities shall cease when weather conditions are considered by the County to be hazardous for working. Work may be performed at any time of the year, even during the winter season, weather permitting, at the discretion of the County.

G. Safety Requirements:

1. Safety Standards, Rules, and Regulations: The Contractor shall ensure all personnel and equipment comply with all OSHA and VOSH standards as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes, but is not limited to, equipment having vehicular backup alarm systems and flashing lights and equipment containing a roll-over protection system must be equipped with seat belts that shall be worn by the occupants while in use.

2. Protection of persons and private property: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor’s operation in connection with the work by ensuring all work/job areas are to be maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT’s property from injury or loss arising in connection with this Contract.

The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners.

3. Hardhats: Hardhats shall be worn by ALL employees while participating in or observing all types of fieldwork when outside the cab of a vehicle.

4. Safety vest: ALL employees exposed to vehicular traffic when not behind a barricade shall wear a safety vest.

5. Authority to suspend work: During the execution of the work, the Contract Administrator or designee, will have the authority to suspend the work fully or in part due to the failure of the Contractor to correct conditions unsafe for the workers and/or general public, for failure to carry out orders for such period, and as may be deemed necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in the public’s interest.

6. Commercial driver’s license: When required by the equipment being operated, the operator of each piece of equipment shall possess a valid Commercial Driver’s License with the proper endorsements.

V. PRE-BID CONFERENCE: A pre-bid conference will be held on Friday February 16, 2024, at 10 AM in the Historic Courthouse located at 27 Court Street in Mathews. The conference will include a visit to three ditches identified for cleaning.

VI. METHOD FOR PAYMENT:

A. Payment: Payment will be made on an hourly basis to the nearest one-tenth hour for the actual time that equipment and personnel are used at the project location, with no stand-by time allowed unless pre-authorized by the County’s Contract Administrator.

The hourly rate will not change for night, weekend work, or any hours worked beyond a regular 40-hour work week. The Contractor shall incorporate fuel and mobilization costs into the bid rate for each line item. Tree removal will be paid for according to the diameter at breast height (DBH), for which there are four categories on the bid form where the bidder shall supply prices.

B. Verification: At the conclusion of the workday, the Contractor shall submit a County-provided daily timesheet showing the line items and quantities for each workday. The timesheet must be verified, mutually agreed upon, and assigned by the Contractor and Contract Administrator or designee at the end of each workday. The timesheets will be used by the County to verify contractors’ invoices.

C. Compliance: At the conclusion of the workday, the Contractor shall demonstrate to the Contract Administrator or designee that the work is fully incompliance with the contract and County specifications. Any deficiencies shall be corrected within 24 hours by the Contractor at the Contractor’s sole expense, prior to the final acceptance of the work. The County may arrange for the corrective work to be accomplished by other forces and reserves the right to deduct that portion from the amount due to the Contractor.

D. Billable Travel Time: Equipment traveling or moved from one County work location to another County work location within the same day will be paid at the hourly rate per the pricing schedule. Other travel or movement of equipment will not be billable.

E. Actual Hours: Both equipment and dedicated operator are present, as requested by the County, to perform or in performance of the work. Equipment without an operator, not in use or not used will not be billable.

F. Show-up time: The contractor shall be paid 2 hours show-up time if the contractor is unable to perform due to circumstances deemed beyond the control of the contractor, and the proper personnel and equipment have reported to the work site by 7 AM. The County reserves the right to determine if the contractor qualifies for show-up time. It shall be the contractor’s responsibility to contact the County representative in the event of inclement weather and discuss whether work can be performed that day. No payment will be allowed for showing up during inclement weather without contacting the County representative.

G. Equipment Breakdown: If a piece of the Contractor’s equipment breaks down causing a delay to a project, the County will not be responsible for payment to the Contractor during this time. If replacement equipment is needed, the Contractor shall provide a replacement within three (3) hours. The contractor will not be compensated for mobilizing the replacement equipment in or out. If the needed equipment has to be obtained from another source, the Contractor will not be compensated for the trip to mobilize the broken equipment from the work site. Payment will resume once the project can be restarted.

VII. INVOICING

A. Invoice: After acceptance of work, invoices shall be submitted semimonthly for the periods ending on the 15th and the last day of the month or upon completion of work, whichever occurs first. All invoices shall include the purchase order number, description of the work performed, work location(s), a breakdown of line items and quantities used, price per unit of measure, extended price, and a grand total. The only charges the County will approve for payment will be charges based upon the rates and line items agreed upon on the daily timesheet. Invoices shall be submitted to the address listed below:

County of Mathews Dept. of Planning & Zoning

P.O. Box 839 Mathews, VA 23109

B. Payment Date: Payment will be made according to the Virginia Prompt Pay Act which is 30 days after receipt of a proper invoice or 30 days after acceptance of pay items, whichever is later.

VIII. BIDDER’S INSTRUCTION

A. Bid Submission – Instructions: The following documents must be received in our office no later than the closing date and time stated here: February 23 at 4 PM

1. Entire bid package (all pages) including Signature Sheet (pgs. 1&2), signed in ink.

2. Completed bid pricing schedule – Attachment A

3. Completed vendor qualification / equipment certification – Attachment B

4. Subcontractor list – Attachment C

5. The IFB number and due date must be clearly marked on the outside of the envelope.

Return the Bid to:

Hand Delivery Mail Dept. of Planning & Zoning Dept. of Planning & Zoning 50 Brickbat Road, Ste. 208 PO Box 839 Mathews, VA 23109 Mathews, VA 23109

B. Receipt of Bids / Late Bids: It is the bidder’s responsibility to ensure that their bid is received prior to or at the specific time and the place designated in the solicitation.

Bids received after the date and time specified for receipt shall not be considered. Bids not received at the time and place designated will be considered late. Bids will be opened at the time and place stated in the advertisement, and their contents made public for the information and others interested.

IX. GENERAL TERMS AND CONDITIONS

1.Governing Laws and Courts: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and ordinances of the County of Mathews, Virginia. Any litigation with respect thereto shall be brought in the courts of Mathews County, Virginia. The Contractor shall comply with all applicable federal, state and local laws, rules and regulations (§ 15.2-1235, Code of Virginia).

2.Anti-Discrimination: By submitting their bids, bidders certify they will conform to the provisions of the

Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided;

however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (§ 2.2-4343.1E, Code of Virginia). In every contract over $10,000 the provisions in “a” and “b” below apply:

a. During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification 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.

2. 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.

a. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

b. The Contractor will include the provisions of “1” above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each sub-contractor or vendor.

3.Ethics in Public Contracting: By submitting their bids, 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 sub-contractor in connection with their bid, 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.

4.Immigration Reform and Control Act Of 1986: By submitting their bids, bidders certify that they do not and shall not during the performance of this contract, knowingly employ any unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986, as amended (§ 2.2-4311.1 Code of Virginia).

5.Debarment Status: By submitting their bids, bidders certify that they are not currently debarred by the

Commonwealth of Virginia or any government entity from submitting bids 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.

6.Antitrust: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the County of

Mathews all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the County of Mathews under said contract.

7. Mandatory Use of County Forms and Terms and Conditions: Failure to submit a bid on the official County form provided for that purpose may be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Contract Officer reserves the right to decide on a case-by-case basis, in his/her sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Contract Officer may, in his/her sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

8.Clarification of Terms/Addenda: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five (5) working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer and posted on the County’s website at www.mathewscountyva.gov. It is the bidder’s sole responsibility to ensure that he/she has obtained any and all addenda prior to submittal of his/her bid.

9. Payment: A. Payment terms shall be Net 45 (VII above states net (30) days unless otherwise stated by the bidder on this solicitation. The payment terms stated herein must appear on the vendor’s invoice. Failure to comply with this requirement may result in the invoice being returned to the vendor for correction. Delinquent payment charges shall not exceed the allowable rate specified by the Virginia Prompt Payment Act. (1% per month) pursuant to (§ 2.2-4352, Code of Virginia).

10. Drug Free Workplace: 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 sub-contractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

11. Availability of Funds: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available, or which may hereafter become available “subject to appropriation” by the Board of Supervisors for the purpose of this agreement, ref § 15.2 Chapter 25 Code of Virginia.

http://www.mathewscountyva.gov/

12. Precedence of Terms: The General Terms and Conditions shall apply in all instances. In the event of a conflict between any of the General Terms and Conditions and any Special Terms and Conditions, the Special Terms and Conditions shall apply.

13. Identification of Bid Envelope: The signed bid should be returned in an envelope or package, sealed and identified with the Bidder’s Name, Solicitation Number and Due Date and Time. Prices or changes shown on the outside of an envelope are not acceptable and will not be considered.

14. Late Bids: To be considered for selection, bids must be received by Department of Planning, Zoning, and Wetlands (or designated issuing office) by the designated date and hour. The official time used in the receipt of bids is that time stamped by the Department of Planning, Zoning, and Wetlands Office. Bids received in the Department of Planning, Zoning, and Wetlands after the date and hour designated shall be ruled non-responsive and will not be considered. The County is not responsible for delays in the delivery of mail by the U. S. Postal Service, private courier, or the Inter-Departmental County Mail System. It is the sole responsibility of the bidder to ensure that its bid reaches the Department of Planning, Zoning, and Wetlands by the designated date and hour. If the County is closed for business at the time scheduled for a sealed bid opening, the bids will be accepted and opened on the next business day of the County, at the originally scheduled hour.

15. Qualification of Bidders: The Contract Officer may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the Contract Officer all such information and data for this purpose as may be requested. The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. The County reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Contract Officer further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Contract Officer that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

16. Additional Information: The County reserves the right to ask any bidder to submit information missing from its bid, to clarify its bid, and to submit additional information which the County Administrator deems desirable. By submitting their bids, bidders certify they understand these prohibitions, and if awarded a contract as a result of this solicitation, they will comply. They also understand that a violation of these prohibitions is breach of contract and can result in default action being taken by the County.

17. Withdrawal of Bid Due to Error: Bidders have the right to request withdrawal of their bids from consideration due to error by giving notice not later than two days after bids are publicly opened. Work papers showing evidence of error(s) are requested and may be approved by the Contract Officer.

18. Negotiation with the Lowest Bidder: Unless all bids are cancelled or rejected, the County reserves the right to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the department whenever such low bid exceeds the using department's available funds. For the purpose of determining when such negotiations may take place, the term "available funds" shall mean those funds which were budgeted by the Board for this contract prior to the issuance of the written Invitation for Bids.

Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The Contract Officer shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that negotiations are desired for a lower contract price.

19. Delivery, Transportation and Packaging: Except when otherwise specified herein, all items shall be F.O.B. Destination to any point within the County of Mathews, Virginia as directed by the ordering department. By submitting their bids, all bidders certify and warrant that the price offered for F.O.B.

Destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers should be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

20. Evaluation and Award: Awards are made for bids to the lowest responsive and responsible bidder, Evaluation will be based on net prices. Unit prices, extension and grand totals must be shown. However, the County Administrator reserves the right on multiple item procurements to make an award either in whole or in part, whichever is deemed in the best interest of Mathews County. In case of arithmetical errors, the unit price shall govern. If a cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The County Administrator reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award. ref. § 2.2-4319 and § 2.2-4359, Code of Virginia. Bidders agree that decisions of the County Administrator are final, and shall hold harmless the County, its departments, directors, employees, and consultants, others involved in solicitation and selection, and the successful provider. The submission of a bid indicates acceptance of this condition.

21. Award Notices: Awards or Decision’s to Award shall be posted on the County’s website.

22. Protest of Award or Decision to Award: Any Bidder who desires to protest the award or decision to award a contract shall submit such protest in writing to the County Administrator no later than ten days after the award or the announcement of the decision to award, whichever occurs first. The written protest shall include the basis for the protest and the relief sought. The County Administrator shall issue a decision in writing within ten (10) days stating the reasons for the action taken. This decision shall be final unless the Bidder appeals within ten days by instituting legal action.

23. Assignment of Contract: The Contractor shall not assign the contract in whole or in part without the

County’s written consent.

24. Modification of Contract: Under the Code of the County of Mathews, Virginia, no contract or purchase order may be modified or changed by amendment, change order, or any other agreement without the prior approval of the Purchasing Manager or designee unless (i) such modification, in the aggregate, do not increase the amount of the contract by more than twenty-five (25) percent of the original amount of the contract or fifty thousand dollars ($50,000), whichever is greater, (ii) such changes are the result of unforeseen circumstances or changed conditions encountered during the progress of the performance of the contract, and (iii) such changes are directly related to the performance of the contract. Extensions of time to perform a contract may be granted without prior approval of the Purchasing Manager or designee provided such extensions involve no increase in cost to the County. In no event shall the aggregate of all modifications increase the cost of the Contract beyond the appropriated project amount.

25. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Purchasing Manager, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

26. Taxes, Fees and Surcharges: Sales to Mathews County, Virginia are normally exempt from State sales tax. A State sales and use tax certificate of exemption (Form ST-12) will be issued upon request. Deliveries against this contract shall be free of federal excise and transportation taxes. Additionally, no additional fees or surcharges may be passed to the County. This includes but is not limited to any type of fuel surcharge.

27. Cancellation of Contract: The County Administrator reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days’ written notice to the Contractor. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform all outstanding orders issued prior to the effective date of cancellation.

28. Contractual Disputes: In accordance with the Code of the County of Mathews, Virginia, claims arising out of this contract, whether for money or other relief, may be submitted to the County of Mathews, by submitting the claim in writing, with all necessary data and information to substantiate the claim attached, to the County Administrator. The County Administrator shall render his/her decision within thirty (30) days.

The Contractor may then appeal the County Administrator’s decision to the Board of Supervisors, who shall render a final decision within forty-five (45) days.

29. County Business License: If applicable, the Contractor shall pay for and obtain a County Business

License before commencing work. All sub-Contractors doing over $25,000 in work shall likewise obtain a business license before commencing work. All Contractors must be licensed to do business within the Commonwealth of Virginia, as required by the Code of Virginia § 54.1-1100 thru 1117, 58.1-3714 thru 15, 58.1-3703.1

30. Indemnification: Contractor agrees to indemnify, defend and hold harmless the County, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered.

X. SPECIAL TERMS AND CONDITIONS

1. Small Business Subcontracting and Evidence of Compliance: Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the Contractor is encouraged to offer such business to small businesses. This shall include DMBE-certified women-owned and minority-owned businesses when they have received DMBE small business certification. If small business sub-Contractors are used, the prime Contractor agrees to report the use of small business Contractors by providing the purchasing office at a minimum the following information: name of small business, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product/service provided on the required final grant reports.

2. Work Site Damages: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the County’s satisfaction at the Contractor’s expense. The Contractor shall be solely responsible for the security of the worksite and shall replace and/or provide any item that is determined to be removed and/or stolen at the Contractor’s sole expense.

3. Independent Contractor: The Contractor shall not be an employee of Mathews County but shall be an independent Contractor. Nothing in this agreement shall be construed as authority for the Contractor to make commitments, which shall bind Mathews County or to otherwise act on behalf of Mathews County, except as Mathews County may expressly authorize in writing.

4. Insurance: By signing and submitting a bid under this solicitation, the bidder certifies that, if awarded the contract, it will have the following minimum insurance coverage(s) at the time the contract is awarded. For construction contracts, if any sub-Contractors are involved, the sub-Contractor will have workers’ compensation insurance in accordance with § 2.2-4332 and § 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the Contractor and any sub-Contractors will maintain this insurance coverage(s) during the entire term of the contract and that all insurance coverage(s) will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Note:

Actual limits and aggregates may be increased or decreased for specific projects during negotiation, or as the Project Manager assesses the amount of risk.

Minimum Insurance Coverage(s) and Limits Required:

a. Workers’ Compensation - Limits as required by the Workers’ Compensation Act of Virginia. Coverage is compulsory for employers of three or more employees, to include employer. Contractors who fail to notify the County 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. Employer’s Liability - $100,000/$500,000/$100,000.

b. Commercial General Liability - $2,000,000 general aggregate limit; $1,000,000 per occurrence.

Commercial General Liability is to include bodily injury and property damage, personal and advertising injury, fire damage limit, and products and completed operations coverage. The County of Mathews must be named as an additional insured and so endorsed on the policy.

c. Automobile Liability - $1,000,000 – Combined Single Limit, $5,000 Medical Expense Limit. (If motor vehicle is to be used in the contract.)

d. Umbrella/Excess Liability--- $2,000,000

5. Grants/Agreements: If any resulting contract is issued under a State/Federal Government Grant or

Agreement or contract/subcontract, it shall be subject to the clauses and conditions of that grant or contract/subcontract and all applicable federal regulations.

6. Ownership of Materials: Ownership of all data, material and documentation originated and prepared for the County pursuant to the IFB shall belong exclusively to the County and is subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the bidder shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the bidder must invoke the protection of this section prior to the submission of the data or other materials to be protected and state the reasons why protection is necessary (§ 2.2-4342, Code of Virginia).

7. Supremacy Clause: Notwithstanding any provision in the bidder’s response to the contrary, the bidder agrees that the terms and conditions contained in the County’s Bid shall prevail over contrary terms and/or conditions contained in the bidder’s response.

8. Final Decision: Bidder’s agree that the decisions of the Mathews Board of Supervisors and/or its designee

(the County Administrator) is final and shall hold the County, their directors, employees, consultants, and those involved in this solicitation and selection, and the successful vendor(s) harmless. The submission of a bid indicates agreement to these conditions.

9. Questions: Questions about the bid are to be submitted in writing, referencing the bid number, to the Contract Officer listed on the front cover page of the solicitation. Request for additional information or interpretations on instructions may also be addressed. The Planning, Zoning, and Wetlands Department urges interested vendors to communicate concerns during the response period to avoid misunderstandings. Questions received less than five (5) business days prior to the bid due date may not be answered. Questions may be answered by written addenda. All addenda issued by the Planning, Zoning, and Wetlands Department shall become part of the specification and may be made part of the contract documents. Addenda will be distributed to all that are known to County to have received a complete set of solicitation documents. Addenda will also be posted on the County’s public bulletin board and may also be at www.mathewscountyva.gov. No addenda will be issued later than three (3) days prior to the solicitation due date, except an addendum cancelling or postponing a solicitation may be issued at any time prior to the receipt of bids. It is the bidder’s sole responsibility to ensure that he/she has obtained any and all addenda prior to the bid due date and acknowledged in his/her bid response.

http://www.mathewscountyva.gov/

ATTACHMENT A

IFB #17-004: DITCH CLEANING SERVICES

BID FORM

TO: County of Mathews Department of Planning & Zoning PO Box 839 Mathews, VA 23109

BID: Ditch Cleaning Services DUE: February 23, 2024, at 4 PM LOCATION: Planning & Zoning Office at 50 Brickbat Road in Mathews, VA

___________________________ quotes firm price(s) below, exclusive of all taxes, to furnish all labor, materials, equipment, transportation, licenses, permits, and fees required to provide ditch cleaning services to be performed at designated locations within the County of Mathews. Work shall be in accordance with all specifications, terms, and conditions herein.

Item Description Estimated hourly price 1 Walking Excavator

2 Mini excavator

3 Manual digging (per person)

4 Trucking (debris removal to an approved disposal site) (provide equipment specifications,

ex. Tandem axel, single axel, etc.)

5 Skid-steer loader

6 Tree removal (diameter at breast height) Estimated unit price (may be subcontracted)

A 0”-6” (DBH

B 6”-12” DBH

C 12”-18” DBH

D 18”+ DBH

ATTACHMENT B

VENDOR QUALIFICATION / EQUIPMENT INVENTORY

CERTIFICATION FORM

All vendors responding to this inquiry are required to complete this questionnaire.

1. Name of Business: ____________________________________________________________

2. Type of Business: (check all that apply)

□ Proprietorship □ Large Business □ Minority Owned Business

□ Partnership □ Small Business

□ Corporation □ Woman Owned Business

3. If Disadvantaged Business Enterprise, provide certification number: _______________________

4. eVA Vendor ID or DUNS Number: ___________________________________________________

5. Name of Owner or CEO: _______________________________ Phone #: ___________________

6. Emergency contact name: _____________________________ Phone #: ____________________

7. How many years has the firm been in the business of performing the services called for in this inquiry?

8. How many people are employed by the firm? ________________________________________

9. List all licenses or permits the firm possesses that are applicable to performing the services requested in this

IFB.

10. Is the firm currently removed from a vendor list or debarred from doing business with any County or Commonwealth of Virginia agency? _____ if yes, explain.

11. Provide the name, contact person, and telephone number of three (3) customers (excluding the County) for which your firm has provided services of the same scope as those requested in this inquiry. We may contact these customers as references.

Firm or Locality Name Contact Person Telephone

12. List all the equipment which will be used in performing the services required in this IFB.

Year Make Model Description

ATTACHMENT B

VENDOR QUALIFICATION / EQUIPMENT INVENTORY

CERTIFICATION FORM

13. Is the above equipment owned by the company and presently in the firm’s equipment inventory (Do not include any proposed subcontractor equipment on this form) _____________________

14. If not, how will the equipment be obtained within the required time in the event of award?

Authorized Signature Title Date

ATTACHMENT C

SUBCONTRACTOR LIST

Fill in the table below to show your firm’s plans for use of subcontractors in the performance of the work referenced in this IFB.

Business Name & Address

Contact Person, Phone, and Email Type of Services/Goods Provided