24129 IFB FINAL.pdf

Issue Date: Monday, March 18, 2024

IFB No. 24129

Pump & Haul Septic Services

Bid Due Date/Time:

Thursday, April 18, 2024

2:00 P.M. Eastern Standard Time (EST)

BID OPENING DATE/TIME

Thursday, April 18, 2024

2:15 P.M. Eastern Standard Time (EST) via Webex

Questions Due Date/Time:

Questions from Bidders must be received by Thursday, March 28, 2024 at

2:00 P.M. Eastern Standard Time (EST). Questions must be emailed to the

Contracts Officer listed below. The subject line must include IFB #24129

PUMP & HAUL SEPTIC SERVICES or your question(s) may not be received and answered in a timely manner. The County is not responsible for verbal clarification of information provided by parties other than staff of the

Procurement Division.

Electronic bid submission via eVA.virginia.gov ONLY!

For help in submitting your bid in the eVA system, please call eVA Customer Care 1-866-289-7367 or visit https://eva.virginia.gov/get-help-customer-care-forms.html

Michelle Long, Contracts Officer

(540) 658-8614

Email: Procurement@StaffordCountyVA.gov

INVITATION FOR BID

https://eva.virginia.gov/get-help-customer-care-forms.html mailto:Procurement@StaffordCountyVA.gov

IFB 24129 Pump & Haul

Septic Services

TERMS &

CONDITIONS

In compliance with this IFB and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

BIDDER INFORMATION

Virginia Contractor License No. ☐Required

☐ Not Required

Name of Firm:

Address of Firm:

By (Signature) Date:

Name (print) Title (print)

Phone: Email:

In accordance with Virginia Code § 2.2-4343.1, as amended, Stafford County does not discriminate against faith-based organizations. The County does not discriminate against a bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law.

TOTAL BASE BID:

Dollars

(written form)

Please transfer the above figure into the eVA Total Response field.

If the Total Base Bid amount contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.

TABLE OF CONTENTS

1. PURPOSE

2. SCOPE OF WORK/SPECIFICATIONS

3. AWARD

4. MANDATORY PRE-BID CONFERENCE

5. MANDATORY SITE VISIT

6. BID CHECKLIST

7. BIDDER’S INSTRUCTIONS

8. METHOD OF PAYMENT

9. BIDDER REMEDIES

10. CONTRACTUAL TERMS AND CONDITIONS

11. REFERENCES

14. SMALL AND MINORITY BUSINESS ENTERPRISES

15. VA STATE CORPORATION COMMISSION (SCC) REGISTRATION INFORMATION

NOTE TO PROSPECTIVE BIDDERS:

• This solicitation is subject to the provisions of the Stafford County Invitation for Bid (IFB) and any attachments, exhibits, revisions or amendments thereto, which are hereby incorporated into this bid in their entirety. If not attached, a copy of these terms and conditions is available for review at the Procurement Division. Special Terms and Conditions and Specifications attached shall also be part of your bid. The Bid Package and the Construction Plans (as applicable) are available at no charge on the Commonwealth of Virginia’s electronic procurement system, eVA, www.eva.virginia.gov and the County Website. Please be observant of all Bid instructions and specifications. Should any questions arise concerning this Bid, contact the Procurement Division at Procurement@StaffordCountyVA.gov.

• Please note the meaning of the following terms as used in this Invitation for Bid (IFB): The term

“bidder” as referenced in this solicitation refers to the individual or firm preparing and submitting a bid in response to this Invitation for Bid. The term “Contractor” refers to an individual or firm that has entered into an agreement to provide goods or services to Stafford County, Virginia, its officers, employees and agents (the “County”). In addition, it also refers to a firm who, when awarded the contract, will be responsible for goods and services required, as a result of this solicitation.

http://www.eva.virginia.gov/ mailto:Procurement@StaffordCountyVA.gov

1. PURPOSE

The purpose of this Invitation for Bid (IFB) is to solicit bids from qualified contractors to establish a term contract to provide pump and haul septic services for routine maintenance and emergency maintenance for the Stafford County Department of Utilities.

The County intends for this IFB to result in up to five (5) contracts with qualified contractors to provide pump and haul septic services in accordance with the terms, conditions, and specifications of this IFB and resulting contract, if awarded. Award will be made with an initial term of five (5) years and two 2-year renewal options.

2. SCOPE OF WORK/SPECIFICATIONS

2a. BACKGROUND:

The Stafford County Department of Utilities (Department), under the direction of the

Stafford County Board of Supervisors, has provided public water and sewer services to many Stafford County residents since the early 1980s. Since that time, the service area population and demand for services has more than quadrupled and continues to grow. The public utility customer base is currently increasing at an annual rate of 5%. The Department provides services to over 25,000 residential customers and more than 700 non-residential customers. The Utilities Fund operates as an enterprise fund that is separate from the

County’s General Fund and is funded solely by the revenues received from its customers.

The Department is responsible for maintaining and operating the water distribution and wastewater collection systems within the County limits. The Department operates two (2) water plants, two (2) waste water plants, over ninety (90) wastewater pump stations, sixteen

(16) water booster stations, twelve (12) water tanks, 717 miles of water distribution lines, and 546 miles of sanitary sewer collection mains.

Normal maintenance is typically handled by the Department on a regular basis addressing septic needs within the system. Sewer infrastructure is critical to the mission of the

Department, and requires twenty-four (24) hour, seven (7) days a week, three hundred sixty-five (365) days a year operation normal maintenance and emergency maintenance require timely response based on the issue to prevent health hazards.

2b. DEFINITIONS OF SERVICE TERMS:

1) Routine Maintenance: Work scheduled with the Department per task based on the needs of the Department. Routine maintenance may be repeatable work and/or one-time need and/or a predefined frequency (may or may not have set end dates). Routine

Maintenance will be conducted between the hours of 7:00 am and 5:00 pm Monday through Friday.

2) Emergency Maintenance: Work requiring the Contractor to be onsite in less than one and a half (1.5) hours after the initial call with the correct equipment, personnel, and be ready to either take over and/or assist the Department in remedying the issue.

Emergency hours are defined as hours between 5:01 pm and 6:59 am Monday through

Friday and any time during the Weekends (Saturday & Sunday).

3) Pump and Haul: Services shall be calculated from pick up location to drop off location within the County. Ancillary time for waiting onsite should be calculated as part of the burden rate, and not as an individual line item within the scope by the Contractor.

2c. SCOPE OF SERVICES:

1) The Contractor shall provide the following:

a. Cleaning of manholes, pipes, pumps, wet wells

b. Pumping of manholes, pipes, septic tanks, wet wells

c. Disposal of material cleaned from manholes, pipes, septic tanks, wet wells

d. Permitting, disposal and documentation that may need to be provided to

Virginia Department of Environmental Quality (DEQ)

2d. QUALIFICATIONS FOR THE CONTRACTOR:

1) The successful Contractor shall have the technical capability and employ a sufficient number of trained technicians to provide the services requested by the Department.

2) Resources from the Contractor include to fulfill the contract requirements:

a. Pump Suction Truck (minimum of 3,000 gallons) with an operator Vacuum

Blower truck (minimum of 500 gallons dry storage) with an operator.

3) The Contractor shall be within a service area radius of 70 miles of Stafford County to be able to respond.

4) The Contractor shall be able to respond to and acknowledge requests verbally within a thirty (30) minute period once contacted by the Department. An automated system is not considered a valid verbal confirmation.

5) The Contractor to respond with equipment and necessary resources for an emergency within 1.5 hours.

6) The Contractor’s senior employee on site shall be able to communicate (verbally and written) in English, for communication with the Department representative and/or the public as needed.

7) The Contractor will be required to have a VA811 (Miss Utility) ticket whenever necessary if excavation may need to occur.

8) The Contractor shall have a Virginia Department of Transportation (VDOT) permit if work is being performed within the right-of-way as a regular maintenance project.

9) All cleaning and pumping tasks shall be thoroughly cleaned by using mechanical, and as needed, manual labor removing all sledge, floatables and other materials. A Department representative will be onsite to unlock restricted areas, remove active electronics that could be damaged, deactivate and restart pumps/grinders and inspect the work prior to completion.

10) Dumping will take place at the Utilities Department Wastewater Facility Truck

Dump Station:

Aquia Wastewater Treatment Plant

75 Coal Landing Road

Stafford, Virginia 22554

11) When entering a wastewater facility owned by the County, the Contractor will record the accurate volume and location along with other information required by the waste water treatment plant.

12) The Contractor will not dispose of stormwater debris and/or liquids at the wastewater treatment plants. Earthen material shall be disposed at proper landfill sites, including the Rappahannock Regional Solid Waste Management (R-Board) facility. Prior to disposal, the Contractor shall dewater the liquid from the solids, so that the County is not paying for liquid weight. The Contractor shall have means to dewater the material.

13) The Contractor shall not dispose of industrial waste at the wastewater treatment plant.

This includes salts, other non-biological chemicals and other materials as specifically spelled out in permit’s with users. Any of these materials shall be taken to a pre-treatment site, and shall be a negotiated rate for disposal.

14) The Contractor is responsible for keeping the dump stations at the wastewater treatment facility clean, by removing solids from the screening system(s) and disposing them into the appropriate container and discharging the liquids from the sewer system into the facility. After dumping, the Contractor shall clean the area to ensure there is no spills from the discharging and/or disposal of the material into the truck dump station and/or dumpster.

15) While the Contractor is working under this contract; there is no cost for the Contractor to dispose of County waste material at the wastewater treatment plants. If the

Contractor wishes to dispose of the waste at another facility, the County will not reimburse the Contractor for this cost.

16) While working under this contract, the Contractor shall not mix waste streams, by having multiple clients of waste on when depositing material at the waste water treatment plants. If it is found that a Contractor is either mixing waste and/or claiming waste that was not directed by the Department, this is grounds for immediate termination of the contract.

17) The Contractor shall perform work to the satisfaction of the Department and in accordance with the specifications and pre-determined prices.

18) The Contractor shall take responsibility for health of the public by taking measures to protect the public. It is the responsibility of the Contractor to provide communication to the public (under the direction of the Department) and remediation when protection measures either fail and/or are not provided. The Department shall not be liable for costs and/or losses by the Contractor.

19) The Contractor shall take responsibility to prevent damage to the county property and/or facilities (wet wells, pumps, electrical services, and other ancillary equipment) while working onsite at any facility.

20) The Contractor shall take responsibility of all work performed internally and/or third-party firms under their direction. Responsibility of work under this contract entails the protection of their workers (injury prevention) and damage to property or utilities. The

Contractor shall in no way be relieved of its responsibility by any right of the

Department, to give permission or issue orders relating to any part of the work, or by any such permission given on orders issued, or by failure of the Department to give permission or issue such orders.

21) If there is damage caused by the Contractor and repairs are required to be made, then the Contractor shall provide a minimum of a one (1) year monitoring period and an additional one (1) year warranty period for all tasked based work. During the period of the two (2) years the Department may request for repairs by the Contractor, which shall be at no charge to the Department.

22) Contractor staff shall maintain a professional and courteous demeanor at all times.

Loud, abusive, derogatory, or profane language shall not be permitted.

23) The Contractor’s employees and/or their third-party sub-consultant shall consist of qualified technicians who are completely familiar with the tools, equipment and products they shall use. The Department may require the Contractor to dismiss such employees as they deem incompetent, careless, insubordinate, or otherwise objectionable, or whose employment on this contract are deemed to be contrary to the public interest or inconsistent with the best interest of the Department.

24) The Contractor shall follow the health requirements as stated by the Federal

Government, Commonwealth of Virginia, and Stafford County. The Contractor shall take appropriate means to protect the health of their workers and of others through the use of vaccinations, social distancing (as appropriate) and other personal protective equipment. The Department may request for the removal of an employee and/or terminate the contract.

25) The Contractor shall follow Section 25-208 Hauled Wastewater of the Stafford County

Code of Ordinances.

26) The Contractor shall provide photo identification badges for all their employees and sub-consultants. The employees shall wear the identification badges when on County owned property.

27) The Contractor or their employees and/or their subcontractors shall not represent themselves as employees and/or agents of the Department and/or of Stafford County.

https://library.municode.com/va/stafford_county/codes/code_of_ordinances?nodeId=COCO_CH25WASESEDI_ARTXSEUSST_DIV3PRWA_S25-208HAWA

28) The Contractor’s employees and subcontractors shall observe all regulations or special restrictions in effect being serviced.

29) The Contractor shall be allowed only in work areas where work is being performed.

30) Materials that may be removed include, but are not limited to septic, stormwater, earthen, vegetated and manmade material.

31) Material pulled from the sanitary sewer may contain medical hazardous waste (used needles, other paraphernalia) may be removed and deposited. This material will need to be separated (as best possible) from the waste and disposed of at a facility that accepts medical hazardous waste.

2e. ADDITIONAL REQUIREMENTS FOR SERVICES:

1) All work shall be in conformance with Department of Utilities Water and Sewer Design and Construction Standards.

2) During routine work, it is expected that the Contractor will maximize the route based on the location and the volume of what is required to be cleaned and pumped. The route shall also consider traffic and the location of the closest County owned wastewater treatment plant, work site and/or the agreed meeting place of choice.

3) The Contractor shall provide daily (routine) documentation of their work that has been performed and the resources that were used during their assignment. Documentation shall be provided to the Department in no more than thirty (30) business days and/or prior to an invoice being submitted for payment.

4) Emergency Maintenance also includes holidays and inclement weather.

a. Holiday coverage is for the recognized holidays of Stafford County that include:

New Year’s Day Martin Luther King, Jr. Day

George Washington Day Memorial Day

Juneteenth Independence Day

Labor Day Columbus Day

Election Day Veteran’s Day

Thanksgiving Wednesday, 12:00 noon - Thanksgiving Friday

Christmas Eve Christmas Day

b. Inclement weather coverage may be required during times of severe weather events, including, but not limited to snow/ice storms, derechos, earthquakes, hurricanes/tropical storms.

c. At no time shall the Contractor to be able to bill for multiple of the same event, as these are all considered a single pay item.

3. AWARD

3a. LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

The contract(s) will be awarded to the lowest responsive and responsible bidder(s).

a. The lowest bidder shall be determined by the lowest Total Base Bid set forth on page 2 of the IFB.

b. A responsive bidder shall mean a bidder who has submitted a bid which conforms, in all material respects, to the bidding documents.

c. Responsible bidder shall mean a bidder who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance. In determining responsibility, the following criteria will be considered:

i. The ability, capacity and skill of the bidder to perform the contract or provide the service required;

ii. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

iii. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

iv. The quality of performance of previous contracts or services. For example, the following information will be considered:

1. The administrative and consultant cost overruns incurred by County on previous contracts with bidder,

2. The bidder's compliance record with contract general conditions on other projects,

3. The submittal by the bidder of excessive and/or unsubstantiated extra cost proposals and claims on other projects,

4. The bidder's record for completion of the work within the contract time or within contract milestones and bidder's compliance with scheduling and coordination requirements on other projects,

5. The bidder's demonstrated cooperation with the County, Engineer and other contractors on previous contracts,

6. Whether the work performed and materials furnished on previous contracts was in accordance with the contract documents, and

7. Whether the work performed on other contracts was of high quality;

v. The previous and existing compliance by the bidder with laws and ordinances relating to contracts or services;

vi. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

vii. The quality, availability and adaptability of the goods or services to the particular use required;

viii. The ability of the bidder to provide future maintenance and service for the warranty period;

ix. The number and scope of the conditions attached to the bid;

x. Whether the bidder is in arrears to Stafford County on debt or contract or is a defaulter on surety to Stafford County or whether the bidder's Stafford

County taxes or assessments are delinquent; and

xi. Such other information as may be secured by the County, having a bearing on the decision to award the contract, to include, but not limited to:

1. The ability, experience and commitment of the bidder to properly and reasonably plan, schedule, coordinate and execute the work,

2. Whether the bidder has ever been debarred from bidding or found ineligible for bidding on any other projects.

d. The purpose of the above is to enable the County, in its opinion, to select the bid which is in the best interests of the County. The ability of the low bidder to provide the required bonds will not of itself demonstrate responsibility of the bidder.

e. The County reserves the right to require from the bidder: (1) submissions of additional references, to include a listing of previous and current projects and (2) financial statements indicating current financial status prepared in accordance with generally accepted accounting principles, by a CPA licensed to do business in

Virginia.

4. MANDATORY PRE-BID CONFERENCE

NOT APPLICABLE

5. MANDATORY SITE VISIT

NOT APPLICABLE.

6. BID CHECKLIST

6a. Bidders are required to include the following with their bid. Failure to provide these items will result in rejection of the bid.

A. IFB Coversheet

B. Total Base Bid, and any allowances (if applicable)

C. Pricing Sheet

6b. Bidders are requested to include the following with their bid. Failure to provide these items may result in rejection of the bid.

A. Reference List

B. Certification of Safety Violations Form

C. Small and Minority Business Data Form D. State Corporation Commission Form

E. Any IFB Addenda

7. BIDDER’S INSTRUCTIONS

7a. BID FORMS. Unless otherwise specified in the solicitation, all bids must be (i) submitted on the forms provided by the County, including the bid Cover Sheet and

Pricing Schedule(s); and (ii) properly signed in the identified spaces.

7b. ACCEPTANCE OF BIDS/BINDING 90 DAYS. Unless otherwise specified, all formal bids submitted shall be binding for ninety (90) calendar days following bid opening date, unless extended by mutual consent of all parties.

7c. BID OPENING. All bids received in response to an Invitation for Bid (IFB) will be opened at the date and time specified, read publicly via WebEx, and made available for inspection. The Total Response amount will be read aloud during the public bid opening. Failure to enter an amount in a Total Response will result in the Contracts

Officer reading a zero (0) value.

Bids will be opened 15 minutes after bids are due, on the same day bids are received. A public bid opening will be hosted via WebEx.

WebEx Meeting Information:

https://scva-gov.webex.com/scva-gov/j.php?MTID=m8c645fe8d9ac6260fb5975dac0a3a3bc

Tabulations of bids received are posted on eVA.

7d. MODIFICATION OR WITHDRAWAL OF BID.

A. Clerical Mistake. A bidder may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith and the mistake was a clerical mistake, as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which can be clearly shown by objective evidence drawn from inspection of original work papers, https://url.us.m.mimecastprotect.com/s/qpJQC68N5zHrLMv8IpHz--?domain=scva-gov.webex.com documents and materials used in the preparation of the bid sought to be withdrawn.

B. Clerical and Judgement Mistake. If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

C. Notice. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

D. No bid shall be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent (5%).

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

7e. LATE BIDS.

A. Bids received after the date and time specified for receipt in the solicitation will not be considered.

B. If an emergency, unanticipated event, or closing of County offices interrupts or suspends normal County business operations so that bids cannot be received at the County office designated for receipt of bids by the exact time specified in the solicitation, then bids will be due at the same time of day specified in the solicitation on the first work day that normal County business operations resume.

7f. CONDITIONAL BIDS. Conditional bids may be rejected in whole or in part.

7g. BIDS FOR ALL OR PART. The Procurement Director reserves the right to make award on all items in the aggregate or on any of the items on an individual basis, whichever is in the best interest of the County. A bidder may restrict its bid to consideration in the group aggregate by so stating, but must name a single unit price on each item bid. Any bid in which the bidder names a total price for all the articles without quoting a unit price for each and every separate item may not be considered for award.

7h. ERRORS IN BIDS. When an error is made in extending total prices, the unit bid price will govern. Erasures in bids must be initialed by the bidder. Bidders are cautioned to recheck their bids for possible error. Errors discovered after public opening cannot be corrected and the bidder will be required to perform if its bid is accepted.

7i. OMISSIONS & DISCREPANCIES. Any items or parts of any equipment listed in this solicitation that clearly necessary for the operation and completion of such equipment, but are: (i) not fully described by the County; or (ii) are omitted by the

County from such specification, shall be considered a part of such equipment even if not directly specified or called for in the specifications. If a bidder finds discrepancies or ambiguities in, or omissions from, the solicitation, including the drawings and/or specifications, it shall notify the Contracts Officer listed on the first page of this IFB by

Thursday, March 28, 2024 at 2:00 P.M. Eastern Standard Time (EST) prior to the date set for the opening of bids.

7j. NEGOTIATION WITH RESPONSIBLE AND RESPONSIVE BIDDER. If the bid of the lowest responsive and responsible bidder exceeds the available funds for such project, the Procurement Director or designee may negotiate with the apparent low bidder in order to obtain a contract price within available funding limits.

Such negotiation may include, but is not necessarily limited to:

A. Reduction of scope, goods, services, insurance, or construction procured.

B. Adjustment of the bid price.

C. Substitution of materials.

D. Changes in the period for project completion.

E. The conditions and procedures for such negotiations shall be as set out in the

Procurement Policies and Regulations Stafford County, Virginia, as last revised

(“Stafford County Procurement Policy”).

Notwithstanding the foregoing, the Procurement Director has the right to cancel any solicitation, to reject any or all bids, even after negotiations with the low bidder and to waive any informality in bids.

7k. DEBARMENT. By submitting a bid, the bidder is certifying that he/she is not currently debarred by the State.

7l. TAX EXEMPTION. The County is exempt from the payment of any federal excise or any Virginia sales tax. Stafford County's Federal Excise Tax Exemption Number is

0001910140.

7m. PROHIBITION AGAINST UNIFORM PRICING. The Procurement Director encourages open and competitive bidding by all possible means and endeavors to obtain the maximum degree of open competition on all purchase transactions using the methods of procurement authorized by Stafford County Procurement Policy and VPPA.

Each bidder, by virtue of submitting a bid, guarantees that it has not been a party with other bidders to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render void the bids of participating bidders. Any disclosure to or acquisition by a competitive bidder, in advance of the opening of the bids, of the terms or conditions of the bid submitted by another competitor may render the entire proceedings void and may require re-advertising for bids.

7n. COOPERATIVE PURCHASING. Bidders are advised that the County will extend all resultant contracts, with the authorization of the bidder, to the Metropolitan

Washington Council of Governments jurisdictions and other jurisdictions and political subdivisions of the Commonwealth of Virginia to permit their ordering of supplies and/or services at the prices and terms of the resulting contract. If any other jurisdiction decides to use the final contract, the contractor must deal directly with that jurisdiction or political subdivision concerning the placement of orders, issuance of the purchase order, contractual disputes, invoicing and payment. Stafford County acts only as the

“Contracting Agent” for these jurisdictions and political subdivisions. Failure to extend a contract to any jurisdiction will have no effect on consideration or your bid. It is the responsibility of the awarded contractor to notify the jurisdictions and political subdivisions of the availability of the contract. Stafford County shall not be held liable for any costs or damage incurred by another jurisdiction as a result of any award extended to that jurisdiction or political subdivision by the awardee.

7o. OFFICIALS NOT TO BENEFIT. Each bidder shall certify, upon signing a bid, that to the best of their knowledge no Stafford County official or employee having official procurement responsibility as provided in Article 6 of the Stafford County Procurement

Policy, or member of their immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract.

7p. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH.

A bidder organized or authorized to transact business in the Commonwealth pursuant to

Title 13.1 or Title 50 of the Code of Virginia shall include in its bid the identification number issued to it by the State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its bid a statement describing why the bidder is not required to be so authorized. Any bidder described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this Article is granted by the County Administrator

(https://cisiweb.scc.virginia.gov/z_container.aspx).

7q. W-9 FORM. In the event of a contract award, this information is required in order to issue purchase orders and payments the bidder. A copy of this form can be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf.

8. METHOD OF PAYMENT

The Contractor will be paid on the basis of invoices submitted. Payments will be made thirty

(30) days after receipt of a proper invoice or receipt of goods or services, whichever is later.

The Department will have the option of paying the Contractor in less than thirty (30) days if a discount is offered for expedient payment.

Invoices shall be submitted to the following address:

County of Stafford

Department of Utilities

Tyra Fisher P.O. Box 339

Stafford, VA 22555 https://cisiweb.scc.virginia.gov/z_container.aspx http://www.irs.gov/pub/irs-pdf/fw9.pdf

9. GENERAL CONDITIONS

9a. BRAND NAME OR EQUAL ITEMS. Unless otherwise provided in the IFB, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired. Any article that the County in its sole discretion determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible for clearly and specifically identifying the product being offered and providing sufficient descriptive literature, catalog cuts and technical detail to enable the County to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make, or manufacturer specified. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

9b. SPECIFICATIONS. When a solicitation contains a specification that states no substitutes, no deviation therefrom will be permitted and the bidder will be required to furnish articles in conformity with that specification. The bidder must abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever the mention is made of any articles, material, or workmanship to be in accordance with laws, ordinances, building codes, or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as to the minimum requirements of these specifications.

9c. SUBCONTRACTS. No portion of the work shall be subcontracted without prior written consent of the County. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the County the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

9d. VIRGINIA FREEDOM OF INFORMATION ACT. All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act, Virginia Code § 2.2-3700 et seq., except as provided below:

A. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

B. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the County decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract.

C. The County reserves the right to impose restrictions over the inspection of procurement transaction records to ensure the security and integrity of the records.

D. Trade secrets or proprietary information submitted by a bidder in connection with a procurement transaction shall not be subject to the Virginia Freedom of

Information Act (§ 2.2-3700 et seq.) if the bidder has (i) invoked the protections of this section prior to or upon submission of the data or other materials, (ii) identified the data or other materials to be protected, and (iii) stated the reasons why protection is necessary. When applicable, bidder shall submit the Trade Secret /

Proprietary Information Identification Form with his/her bid. A bidder shall not designate as trade secrets or proprietary information (a) an entire bid; (b) any portion of a bid that does not contain trade secrets or proprietary information; or (c) line item prices or total bid prices.

9e. NOTICE OF ACCEPTANCE/CONTRACT DOCUMENTS: A written award mailed, emailed, or otherwise furnished to the successful bidder within the time for acceptance specified in the solicitation shall result in a binding contract. The following documents, which are included in the solicitation, are incorporated by reference in and made part of the resulting contract: a. Instructions for Bidders and Attachments; b. any

Special Provisions and Specifications; c. Pricing Schedule; e. Any

Addenda/Amendments.

9f. TIE-BIDS: If all bids are for the same total amount or unit price (including authorized discounts and delivery times), and if the public interest will not permit the delay of re-advertisement for bids, the Director of Procurement shall give preference to goods produced in Virginia, or goods and services provided by the resident Virginia tie bidder; otherwise contract award shall be decided by lot. However, if the contract is for goods, then preference shall be given to the bidder whose goods contain the greatest amount of recycled content. The decision of the County to make award to one or more such tie bidders shall be final.

9g. INTENTIONALLY OMITTED.

9h. REQUIREMENT BID QUANTITIES: On "Requirement" bids, acceptance will bind the County to pay for, at unit bid prices, only quantities ordered and delivered. Where the County specifies estimated quantities, the Contractor shall not be required to deliver more than ten (10) percent in excess of the estimated quantity of each item, unless otherwise agreed upon.

9i. SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESS USE. The

County strongly encourages increasing opportunity for use of small or minority businesses in all aspects of procurement to the maximum extent feasible. Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to small, women and minority businesses.

9j. DELIVERY FOB DESTINATION. All goods shall be delivered FOB Destination to the County Using Department, at the time and place specified in the contract documents. Unless otherwise specified in the solicitation each case, container, package, etc., delivered under the contract must be plainly marked, stating the

Contractor's name, purchase order number, and delivery address as indicated in the order. No deliveries will be accepted on Saturdays, Sundays and holidays, unless previous arrangements have been made.

9k. INSPECTION-ACCEPTANCE: Acceptance shall occur only after receipt and inspection provided such inspection, as appropriate, is accomplished within a reasonable time. The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

9l. GUARANTEES & WARRANTIES. All guarantees and warranties required shall be furnished by the bidder and shall be delivered to the Procurement Administrator before contract execution. Unless otherwise stated, manufacturer's standard warranty applies.

9m. INSURANCE. In addition to any other forms of insurance or bonds required in the

Specifications, the Contractor shall provide and maintain the following insurance:

A. Workers’ Compensation and Employer’s Liability: Workers' Compensation insurance in accordance with statutory requirements, and Employer's Liability insurance in limits of not less than $500,000 (each employee) or a maximum limit of $1,000,000, to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia.

B. Automobile Liability: A minimum of $2,000,000 combined single limit for each occurrence for property damage liability and bodily injury liability including death in Automobile Liability coverage. The policy shall cover all persons involved, at any time, and arising out of the ownership, maintenance, or use of owned, non-owned, borrowed, leased, rented, or hired automobiles. In addition, all mobile equipment used by the Contractor in connection with the contracted work, will be insured under a standard Automobile Liability policy. The Garage Keeper's

Liability coverage shall also be maintained where appropriate.

C. Comprehensive General Liability: Comprehensive General Liability insurance at a minimum $1,000,000 per occurrence, written on an occurrence basis, including ongoing and completed operations; contractual liability; and $2,000,000 general aggregate. In addition, Comprehensive General Liability policy shall include a per project aggregate endorsement. Completed project aggregate endorsement shall continue in force for three (3) years following completion of the Contract.

D. INTENTIONALLY OMITTED

E. Additional insurance provisions that apply to all Contracts include:

(i) Additional Insured: The Stafford County Board of Supervisors, its officers, employees, agents, and volunteers shall be named as Additional Insured on the Automobile and Comprehensive General Liability coverage listed above, and it shall be stated on the insurance certificate that this coverage "is primary and non-contributory to all other coverage the County may possess."

(ii) Liability Insurance "Claims Made" basis: If the liability insurance purchased by the contractor has been issued on a "claims made" basis, the contractor must comply with the following additional conditions. The limit of liability and the extensions to be included as described previously in these provisions, remain the same. The contractor must either:

1. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract. This certificate shall evidence a "retroactive date" no later than the beginning of the contractor's or sub contractor's work under the contract, or

2. Purchase the extended reporting period endorsement for the policy or policies in force during the term of the contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

(iii) Excess or Umbrella Liability Policy: Liability insurance may be arranged by

Comprehensive General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella

Liability policy.

F. All contractors shall provide thirty days (30) notice of cancellation of any insurance policy. Each of the policies shall include a waiver of subrogation against Stafford

County, its officers, employees, agents and volunteers.

G. The insurance specified herein shall be with an insurance company acceptable to the parties hereto and licensed to do business in the Commonwealth of Virginia.

All insurance must be obtained before any work is commenced and kept in effect until its completion. If any of the work is sublet, similar insurance shall be obtained by or on behalf of the subcontractor to cover their operation.

H. Current insurance certificates documenting compliance with these coverage requirements shall be provided to the Procurement Administrator prior to the award of any contract.

9. BIDDER REMEDIES

10a. APPEAL OF DENIAL OF WITHDRAWAL OF BID. The County Administrator or a designee shall hear appeals of protests to the Chief Director of Financial Services’ decision for refusal to allow withdrawal of bids. The County Administrator or a designee shall provide for a hearing, the opportunity to present pertinent information and shall issue a written decision containing findings or facts. The findings of fact shall be final and conclusive and shall not be set aside unless the same are fraudulent or arbitrary or capricious, or so grossly erroneous as to imply bad faith. No determination on an issue of law shall be final if appropriate legal action is instituted in a timely manner. A bidder may not institute legal proceedings until all administrative remedies as set forth herein or as required by the ordinances or resolutions of Stafford County have been exhausted.

10b. APPEAL OF DETERMINATION OF NONRESPONSIBILITY

A. Any bidder who, despite being the apparent low bidder, is determined not to be a responsible bidder, shall be notified in writing by the Chief Director of Financial

Services of (i) the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the apparent low bidder an opportunity to inspect any documents that relate to the determination, if so requested by the bidder within five business days after receipt of the notice.

B. Within ten business days after receipt of the notice, the bidder may submit rebuttal information challenging the evaluation. The Chief Director of Financial

Services shall issue its written determination of responsibility based on all information in the possession of the County, including any rebuttal information, within five business days of the date the County received the rebuttal information. At the same time, the Chief Director of Financial Services shall notify, with return receipt requested, the bidder in writing of its determination.

The determination of no responsibility shall be final unless the bidder appeals the decision within ten days after receipt of the determination.

C. If, upon appeal to the County Administrator or his designee, it is determined that the decision of the Chief Financial Officer, was arbitrary or capricious, or otherwise in error and the award for the particular County contract in question has not been made, the sole relief available to the bidder shall be a finding that the bidder is a responsible bidder for the County contract in question.

D. Where the award has been made and performance has begun, the County may declare the contract void upon a finding that this action is in the best interest of the County. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

10c. PROTEST OF AWARD OR DECISION TO AWARD

A. Any bidder may protest the award or decision to award a contract by submitting a protest in writing to the Chief Director of Financial Services no later than ten

(10) days after the award or the announcement of the decision to award, whichever occurs first; provided, however, that no protest shall lie for a claim that the selected bidder is not a responsible bidder. The written protest shall include the basis for the protest and the relief sought. The Chief Director of

Financial Services shall issue a decision in writing within ten (10) days of the receipt of the protest stating the reasons for the action taken. This decision shall be final unless the bidder appeals within ten (10) days of receipt of the written decision.

B. If prior to award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Chief Director of Financial Services shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided.

Where the award has been made but performance has not begun, the performance of the contract may be declared void by the County. Where the award has been made and performance has begun, the Chief Director of Financial Services may declare the contract void upon a finding that this action is in the best interest of the County. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

C. Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this Paragraph shall not be affected by the fact that a protest or appeal has been filed.

D. An award need not be delayed for the period allowed a bidder to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.

10. CONTRACTUAL TERMS AND CONDITIONS

11a. PAYMENT. Payment shall be made after satisfactory performance that is in accordance with all provisions of the contract, and upon receipt of a properly completed invoice. The County reserves the right to withhold any or all payments or portions thereof for contractor's failure to perform in accordance with the provision of the contract or any subsequent modifications.

11b. PARTIAL PAYMENTS. Unless otherwise specified, partial payments will be made upon acceptance of materials or services so invoiced if in accordance with completion date.

11c. PAYMENT FOR EQUIPMENT, INSTALLATION, AND TESTING. When equipment requires installation (which includes erection, setting up or placing in position, service, or use) and testing, and the installation or testing is…