INVITATION FOR BIDS

Town of Front Royal Purchasing Department

Date: March 31, 2026

IFB #3-2026 DELIVERED CONCRETE

FIRM FIXED PRICING ON VARIOUS TYPES OF READY-MIX CONCRETE ON AN AS NEEDED BASIS

Commodity Codes: 91430, 75070

Issuing Entity: Town of Front Royal Purchasing Department

102 E. Main Street

Front Royal, VA 22630

Work Sites: Town of Front Royal

DELIVER UNSEALED RESPONSES BY: April 9, 2026, at 2:00 p.m. EST

Issued by Michelle Campbell, VCA, VCO – Purchasing Manager

Any questions regarding this invitation for bid shall be addressed to Michelle Campbell, Town of Front

Royal Assistant Purchasing Agent at mcampbell@frontroyalva.com. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

The awarding authority for this contract is the Town of Front Royal. It is understood and agreed that the contract generated from this Proposal shall be subject to annual appropriations by the Town of Front Royal

Town Council. Should the Council fail to appropriate funds for the contract, the contract will be terminated when funds are exhausted. There shall be no penalty should the Council fail to make annual appropriations for the contract.

The Town of Front Royal reserves the right to accept or reject any and all proposals; to waive informalities; to negotiate with the lowest qualified Offeror in order to stay within available budget funding; and to award the project as deemed in its judgment to be in the best interest of the Town of Front Royal.

All Offerors shall abide by all applicable State and Federal laws.

The Town of Front Royal does not discriminate against faith-based organizations in accordance with the

Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status, status as a military family, or any other basis prohibited by state law relating to discrimination in employment.

mailto:mcampbell@frontroyalva.com

Table of Contents

1. PURPOSE

2. SPECIFICATIONS

Ready Mix Concrete Specifications

Independent Contractor Specifications

3. BIDDER’S INSTRUCTION WHEN SUBMITTING BIDS

SUBMISSION

4. GENERAL TERMS AND CONDITIONS

5. SPECIAL TERMS AND CONDITIONS

BID FORM

1. PURPOSE

The Town of Front Royal (herein referred to as “Town”) is soliciting bids from qualified firms to provide and deliver on-call, as needed hydraulic cement concrete (ready-mix concrete) to various locations within the Town of Front Royal in accordance with the specifications contained herein during the contract period. The Town intends to award multiple contracts as a result of this solicitation. The Town will appoint the lowest responsive and responsible bidder as primary vendor to perform task order upon ability; and will use secondary lowest responsive and responsible bidder if primary is not able to provide service for task order within timeframe required by Town for task order.

2. SPECIFICATIONS

Ready Mix Concrete Specifications

1. All concrete shall be in compliance with Section 217 of the 2020 Road and Bridge

Specifications or latest edition. A copy of these specifications can be obtained at the following address:

i. http://www.virginiadot.org/business/const/spec-default.asp

2. Concrete shall be free of any additives and accelerants.

Independent Contractor Specifications

The Independent Contractor Shall:

1. Deliver ready-mix concrete to various job sites and routes within the Town, therefore there shall be no second stop fees or any other fees.

2. Ensure their capacity to perform under this contract, regardless of other contractual responsibilities. The Contractor shall be capable of delivering materials ordered within the timeframe required herein.

3. Deliver concrete within 3 business days.

4. Provide a contact person as the Supervisory Representative who will have the authority to execute this contract work. The Contractor shall provide this name, as well as additional personnel names and phone numbers, who can be contacted 24 hours, seven (7) days a week.

5. Dispatched drivers shall have a minimum of 5 years’ experience delivering concrete for curb and gutter jobs.

6. If the Contractor fails to deliver the material at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with General Term and Conditions.

7. The bid price for materials shall be for each cubic yard and include all fees and incidentals, which include but are not limited to, environmental, fuel surcharge, direct and indirect overhead costs, delivery, disposal charges, and short load fee.

8. Normally delivery shall be performed during “daylight” hours, which shall be from 7:00AM through 7:00 PM, Monday through Friday. Starting times and schedules may vary and will be at the discretion of the Public Works Director or designee. The Contractor shall be paid the normal cubic yard bid rate for deliveries performed on weekends, holidays, nights, or for http://www.virginiadot.org/business/const/spec-default.asp any hours beyond the normal 40-hour week.

3. BIDDER’S INSTRUCTION WHEN SUBMITTING BIDS

1. BID SUBMISSION – INSTRUCTIONS:

To be considered, your bid must be submitted on a copy of the BID FORM or Electronically online via eVA, signed by a representative authorized to bind the Bidder in the matter, dated, and must be received at the Town of

Front Royal Purchasing Department, P. O. Box 1560, Front Royal, VA 22630, prior to the date and time stated.

Envelopes containing bids must marked in the lower left-hand corner with the invitation number and bid title.

Changes to the requirements in this solicitation shall be made only by written addendum.

SUBMISSION

SUBMISSION BY MAIL TO: SUBMISSION BY DELIVERY TO:

Town of Front Royal Town of Front Royal

Purchasing Department Purchasing Department

PO Box 1560 102 E Main Street

Front Royal, VA22630 Front Royal, VA 22630

ELECTRONIC RESPONSE SUBMISSION OPTION:

Submitted via eVA.

Offeror must be registered in eVA in order to submit an electronic proposal.

The following are instructions for submitting an electronic proposal:

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

2. Click on “I Sell To Virginia”;

3. Click on “eVA Supplier Training”; and

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

To learn how to submit an online bid in eVA please refer to the online supplier training page at: https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier

Training Materials page at: https://www.youtube.com/watch?v=KSxcAkOekW0

If an Offeror needs assistance submitting an electronic response, the Offeror must contact eVA

Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov.

2. RECEIPT OF BIDS / LATE BIDS: It is the Bidder’s responsibility to ensure that his/her bid is received prior to or at the specific time and place designated in the solicitation. Bids received after the date and time specified for receipt shall not be considered.

3. The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of bids received.

https://eva.virginia.gov/index.html https://eva.virginia.gov/index.html http://www.eva.virginia.gov/ https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@dgs.virginia.gov

4. GENERAL TERMS AND CONDITIONS

1. Reports: The Independent Contractor shall complete, maintain, and submit to the Town all records and reports and lists of services rendered when such services are rendered.

2. Services Rendered: The Independent Contractor shall perform all services to be rendered pursuant to this

Contract at the location specified above. The Independent Contractor agrees to maintain all facilities and equipment used by the Independent Contractor under this Contract in clean, sanitary, and safe condition and free from defects of every kind.

3. Licenses and Permits: The Independent Contractor agrees that it has procured all licenses, permits, or other like permission required by law to conduct or engage in the activity provided for in this Contract; that it will procure all additional licenses, permits, or like permission required by law during the term of this

Contract; and that it will keep such licenses, permits, and permissions in full force and effect during the term of this Contract.

4. Independent Contractor: The Independent Contractor understands and agrees that the relationship of the

Independent Contractor to the Town arising out of this Contract shall be that of Independent Contractor. It is understood that the Independent Contractor, or its staff and employees, are not employees of the Town and are, therefore, not entitled to any benefits provided employees of the Town. The Independent

Contractor shall be responsible for reporting and accounting for all State, Federal, Social Security, and local taxes where applicable.

5. Non-Discrimination: During the performance of this agreement the Independent Contractor agrees as follows:

a. The Independent Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, natural origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status, status as a military family, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary for the normal operation of the Independent

Contractor. The Independent Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

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

The Town of Front Royal does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status, status as a military family, or any other basis prohibited by state law relating to discrimination in employment.

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

d. The Independent Contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000.00 so that the provisions will be binding upon each sub-contractor or vendor.

6. Compliance with Federal Immigration Law: The Independent Contractor does not and shall not during the performance of the Contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

7. Forced or Indentured Child Labor: Applicable in all solicitations and contracts over $10,000: During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor. For the purposes of this section, “forced or indentured child labor” means all work or service exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

8. Compliance with State Law: The Independent Contractor shall comply with section 2.2-4311.2 of the

Code of Virginia pertaining to foreign and domestic businesses authorized to transact business in the

Commonwealth.

9. Drug-Free Workplace: For the purpose of this section, “drug-free workplace” means a site for the performance of work done in connection with this contract awarded to the Independent Contractor in accordance with this procurement transaction. During the performance of this contract, the Independent

Contractor agrees to:

a. Provide a drug-free workplace for the Independent Contractor’s employees

b. 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 Independent Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

c. State in all solicitations or advertisements for employees placed by or on behalf of the Independent

Contractor that the Independent Contractor maintains a drug-free workplace.

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

10. Termination for Cause: This Contract may be terminated by the Town upon fifteen (15) days written notice to the Independent Contractor to the address first named above in the event of substantial failure or default of the Independent Contractor to perform in accordance with the terms hereof through no fault of the Town’s.

11. Termination for Convenience: The obligation to provide further services under this Contract may be terminated by the Town for its convenience and not for cause upon fifteen (15) days written notice. The

Independent Contractor shall be compensated for work performed through the date of termination and for termination expenses, including any expenses directly attributable to termination and for which the

Independent Contractor is not otherwise compensated. Termination expenses shall not, however, include loss profits on services not performed as a result of such termination for convenience.

12. Notice: Any notice which is required to be given, or which may be given under this Contract, shall be sent to those mailing addresses noted in the first paragraph of this Contract.

13. Non-Assignability: Independent Contractor understands that this Contract is a contract with the professional services of the Independent Contractor and that it is made by the Town in reliance on the

Independent Contractor’s personal skills and knowledge in the activity to be conducted and as represented by the Independent Contractor. Accordingly, this Contract is non-assignable by the Independent Contractor without the express written advance permission of the Town.

14. Insurance: The Independent Contractor shall procure and maintain the general liability insurances shown below, with the Town names as Additional Insured, for protection from claims arising out of performance of services caused by negligent, reckless, or willful error, omission or act for which the Independent

Contractor is legally liable. The Independent Contractor shall deliver to the Town, upon execution of this

Agreement, certificates of such insurance. Insurance shall provide for coverage effective through the date of the end of the Project.

• Comprehensive General Liability Insurance, naming the Town as Additional Insured

• Automobile Liability, naming the Town as Additional Insured

• Worker’s Compensation

15. Amount of Insurance Required:

• Comprehensive General Liability Insurance - $1,000,000 Minimum per Incident

• Automobile Liability Insurance - $1,000,000 bodily injury and $1,000,000 property damage

• Worker’s Compensation – As required by the Commonwealth of Virginia.

16. Indemnification: The Independent Contractor shall indemnify, keep and hold harmless the Town of Front

Royal and its members of Council, officers, directors, employees and volunteers against any and all third party claims of injuries, death, damage to property, theft, patent claims, suits, liabilities, judgements, costs and expenses (including reasonable attorney fees) which may otherwise accrue against the Town in consequence of the granting of a Contract which may otherwise result therefrom, to the extent it shall be determined that the claim was caused through negligence or error, or omission of the Independent

Contractor or his or her employees, or that of the Subcontractor or his or her employees, if any; and the

Independent Contractor shall, to the extent of its obligation above, pay all reasonable charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgement shall be rendered against the Town in any such action, the Service Provide shall, to the same extent, at its own expense, satisfy and discharge the same. The Independent Contractor expressly understands and agrees that any performance bond or insurance protection required by this Contract, or otherwise provided by the

Independent Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Town as herein provided. The provisions of this section shall survive the completions, terminations, or expiration of the Contract.

17. Entire Contract: This Contract constitutes the entire agreement between the parties pertaining to the subject matter of this Contract and supersedes all prior or contemporaneous agreements and understandings of the parties in connection with the subject matter. No modification of this Contract shall be effective unless made in writing and signed by both parties.

18. Force Majeure: The Independent Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by this Contract if such failure is due to fires, riots, rebellions, natural disasters, wars, or an act of God beyond control of the Independent Contractor, and outside and beyond the scope of the Independent Contractor’s then current, by industry standards, disaster plan that make performance impossible or illegal, unless otherwise specified in the Contract.

19. Antitrust: By entering into this Contract, the Independent Contractor conveys, sells, assigns and transfers to the Town of Front Royal all rights, title, and interest in and to all causes of action the Independent

Contractor may now have or hereafter acquire under the antitrust laws of the United States or the

Commonwealth of Virginia, relating to the goods or services purchased or acquired by the Town of Front

Royal under this Contract

20. Standard of Care: The Independent Contractor shall perform the services herein described expeditiously and diligently and in accordance with the standard of care and skill ordinarily exercised under similar conditions by reputable members of its profession or trade practicing in the same or similar locality within the Town of Front Royal existing as of the date such services are provided and in accordance with all applicable laws, codes, and regulations in effect as of the date such services are provided.

21. Enforcement: This Contract shall in all aspects be governed by the laws of the Commonwealth of Virginia.

Any action maintained by either party for the enforcement or interpretation of the terms of this Contract shall be filed in the courts of Warren County, Virginia. The Independent Contractor shall comply with all applicable federal, state, and local laws, rules and regulations.

22. Contract Extensions: In the event that the original term and all renewals of the contract expire prior to the award for a new contract for similar goods and/or services, the Town of Front Royal may, with written consent of the Contractor, extend this contract for such a period as may be necessary to afford the Town of

Front Royal, a continuous supply of the identified goods and/or services.

23. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Town may terminate this agreement after verbal or written notice without penalty. Upon termination the Town may procure the goods or services contracted for 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 Town may have.

24. Taxes: Sales to the Town of Front Royal are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Town’s excise tax exemption registration number is 54-6001299.

25. Invoicing: Invoices shall be submitted within ten (10) days of the completion of each project. Failure to submit invoices in a timely manner may result in the issuance of a Procurement Complaint Form. Invoices shall include the purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule and cost of supplied materials. No payment will be made for work in progress on the prescribed payment dates. The Contractor shall submit copies of all material tickets/receipts with the invoice for payment. Invoices shall be submitted as an attachment via email to:

invoices@frontroyalva.com

26. Payment:

a. The Town shall promptly pay the sum of (SUM) for the completed services or delivered goods described in Attachment A by the required date. The required payment date shall be either: (1) the date on which payment is due under the terms of the contract, or (2) if a date is not established by the contract, not more than forty-five (45) days after goods or services are received or not more than forty-five (45) days after an invoice is rendered, whichever is later. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial executions or deliveries to the extent that the contract provides for separate payment for partial execution or delivery. Within twenty (20) days after the receipt of an invoice for goods or services, the Town shall notify the supplier of any defect or impropriety that would prevent payment by the required payment date. If the Town fails to make payment by the required payment date, the Town shall pay any finance charges assessed by the supplier that shall not exceed one percent (1%) per month.

Where payment is made by mail, the date of the postmark shall be deemed to be the date the payment is made.

b. Individual Contractors shall provide their Social Security numbers, and proprietorships, partnerships, and corporations shall provide the Town of Front Royal with a Federal Employer

Identification number, prior to receiving any payment from the Town.

c. Invoices for items ordered, delivered, and accepted shall be submitted by the Independent

Contractor directly to this payment address:

Town of Front Royal

Accounts Payable

P.O. Box 1560

Front Royal, VA 22630

You may also email invoices to: invoices@frontroyalva.com

All invoices shall show the applicable Purchase Order number.

d. The Independent Contractor shall monthly furnish an invoice to the Town for services rendered that month. All goods or services provided under this contract or Purchase Order, that are to be paid for with public funds, shall be billed by the Independent Contractor at the contract price, regardless of which Town department is being billed.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Independent Contractors should put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be mailto:invoices@frontroyalva.com mailto:invoices@frontroyalva.com unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, The Town shall promptly notify the Independent Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. An Independent Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute. (Code of Virginia § 2.2-4363).

To Subcontractors:

a. An Independent Contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the Independent Contractor’s receipt of payment from the Town for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the Town and the subcontractor(s), in writing, of the Independent

Contractor’s intention to withhold payment and the reason.

b. The Independent Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Independent Contractor that remain unpaid seven (7) days following receipt of payment from the

Town, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U.S.

Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. An Independent Contractor’s obligation to pay an interest charge to a subcontractor cannot be construed to be an obligation of the Town of Front Royal.

5. SPECIAL TERMS AND CONDITIONS

1. AUDIT: The Contractor shall retain all books, documents, papers, accounting records, subcontracting records, and other evidence supporting any of the services performed, and the costs incurred, at all times during the contract period, and for five (5) years after payment of the final invoice or final audit, whichever is later. Such evidence shall be maintained at the Contractor’s office and made available to the Department at reasonable times. Such evidence will be subject to audit and inspection at any time by the Department.

2. AWARD: The Town will make the award(s) to the lowest responsive and responsible bidder on a

GRAND TOTAL basis. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If 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 Town 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.

3. E-VERIFY PROGRAM: Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of

$50,000 with any agency or political subdivision of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

4. EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete delivery of materials ready for the Town’s use and shall include all applicable freight and installation charges;

extra charges will not be allowed.

5. FEDERALLY IMPOSED TARIFFS: In the event that the President of the United States, the United

States Congress, Customs and Border Protection, or any other federal entity authorized by law, imposes an import duty or tariff (a “tariff”), on an imported good that results in an increase in contractor’s costs to a level that renders performance under the Agreement impracticable, the Town may agree to an increase to the purchase price for the affected good. No increase in purchase price may exceed 25% of the additional tariff imposed on the goods imported or purchased by the contractor that are provided to the Town under this Agreement.

Prior to the Town agreeing to a price increase pursuant to this Section, the contractor must provide to the Town, the following documentation, all of which must be satisfactory to the Town:

1. evidence demonstrating: (i) the unit price paid by contractor as of the date of award for the good or raw material used to furnish the goods to the Town under this Agreement, (ii) the applicability of the tariff to the specific good or raw material, and (iii) contractor’s payment of the increased import duty or tariff (either directly or through an increase to the cost paid for the good or raw material). The evidence submitted shall be sufficient in detail and content to allow the Town to verify that the tariff is the cause of the price change.

2. a certification signed by contractor that it has made all reasonable efforts to obtain the good or the raw materials comprising the good procured by the Town at a lower cost from a different source located outside of the country against which the tariff has been imposed.

3. a certification signed by contractor that the documentation, statements, and any other evidence it submits in support of its request for a price increase under this Section are true and correct, and that the contractor would otherwise be unable to perform under this Agreement without such price increase.

4. as requested by the Town, written instructions authorizing the Town to request additional documentation from individuals or entities that provide the good or the raw materials to verify the information submitted by contractor.

If the Town agrees to a price increase pursuant to this Section, the parties further agree to add the following terms to this Agreement:

1. During the Term and for five (5) years after the termination of this Agreement, contractor shall retain, and the Town and its authorized representatives shall have the right to audit, examine, and make copies of, all of contractor’s books, accounts, and other records related to this Agreement and contractor’s costs for providing goods to the Town, including, but not limited to those kept by the contractor’s agents, assigns, successors, and subcontractors.

2. Notwithstanding anything to the contrary in this Agreement, the Town shall have the right to terminate this Agreement for the Town’s convenience upon 15 days’ written notice to contractor.

3. In the event the import duty or tariff is repealed or reduced prior to termination of this

Agreement, the increase in the Town’s contract price shall be reduced by the same amount and adjusted accordingly.

4. Any material misrepresentation of fact by contractor relating in any way to the Town’s payment of additional sums due to tariffs shall be fraud against the taxpayers of the Town and subject contractor to treble damages pursuant to the Virginia Fraud Against Taxpayers

Act.

6. INSPECTION: Upon delivery, an inspection will be conducted by the Public Works Director or

Designee of the materials. Any deficiencies will be noted and brought to the attention of the

Contractor. Any deficiencies shall be promptly and permanently corrected by the contractor at the contractor’s sole expense prior to final acceptance of the goods.

7. MINORS ON WORK SITE: No minors, under the age of eighteen, will be allowed on the Town work site(s) where this contract will be performed, except those employed by the Contractor as allowed by the Child Labor Laws of the United States government and the Child Labor Laws of the

Commonwealth of Virginia.

8. PROSECUTION OF WORK: During the prosecution of work, the Public Works Director or

Designee will have the authority to suspend the work wholly or in part due to the failure of the

Contractor to correct conditions unsafe for the workmen or the general public; for failure to carry out orders; for such periods, as he may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of the work for any other condition or reason deemed to be in the public interest.

9. RENEWAL OF CONTRACT: This contract may be renewed by the Town for four (4) successive twelve (12) month periods, if agreed to by both parties, under the terms and conditions of the original contract except as stated in 1. and 2. below. Price increases may be negotiated only at the time of renewal.

a. If the Town elects to exercise the option to renew the contract for an additional twelve-month period, the contract price(s) for the additional twelve months shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of e

Industry Code 1333-0101C of Table 9 of the Producer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

b. If during any subsequent renewal periods, the Town elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the Industry Code 1333-0101C of Table 9 of the Producer Price Index of the

United States Bureau of Labor Statistics for the latest twelve months for which statistics are available..

10. SAFETY AND HEALTH STANDARDS: It is a condition of the contract, and shall be made a condition of each subcontract entered into pursuant to the contract, that the Contractor and any Sub-

Contractor shall not require any worker employed in performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to their health or safety, as determined under construction safety and health standards promulgated by the US

Secretary of Labor in accordance with Section 107 of the Contract Work Hours and Safety Standards

Act. The Contractor shall comply with the Virginia Occupational Safety and Health Standards adopted under Section 40.1-22 of the Code of Virginia and the duties imposed under Section 40.1-

51.1 of the Code. Any violation of the requirements or duties that is brought to the attention of the

Contractor shall be immediately abated. Additionally, at a minimum, all Contractor personnel shall comply with the following, unless otherwise determined unsafe or inappropriate in accordance with

OSHA regulations: Hardhats shall be worn while participating in or observing all types of field work when outside of a building or outside of the cab of a vehicle, and exposed to, participating in or supervising construction. Respiratory protective equipment shall be worn whenever an individual is exposed to any item listed in the OSHA Standards as needing such protection unless it is shown the employee is protected by engineering controls. Adequate eye protection shall be worn in the proximity of the grinding, breaking of rock and/or concrete, while using brush chippers, striking metal against metal or when working in situations where the eyesight may be in jeopardy. Class 3 safety garments shall be worn by all exposed to vehicular traffic and construction equipment. Standards and guidelines of the current Virginia Work Area Protection Manual shall be used when setting, reviewing and removing traffic controls. Flag persons shall be certified according to the Virginia Flagger Certification

Program. No person shall be permitted to position themselves under any raised load or between hinge points of equipment without first taking steps to support the load by the placing of a safety bar or blocking. Explosives shall be purchased, transported, stored, used and disposed of by a Virginia

Certified Blaster in possession of a current criminal history record check and a commercial driver’s license with hazardous materials endorsement and a valid medical examiner’s certificate. All federal, state and local regulations pertaining to explosives shall be strictly followed. All electrical tools shall be adequately grounded or double-insulated. Ground fault Circuit Interrupter (GFCI) protection must be installed in accordance with the National Electrical Code (NEC) and current Virginia Occupational

Safety and Health Agency (VOSH) regulations. No person shall enter a confined space without training, permits and authorization. Fall protection is required whenever an employee is exposed to a fall six feet or greater.

11. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder organized or authorized to transact business in the

Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid the identification number issued to it by the State Corporation Commission (SCC). 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 or as otherwise required by law is required to include in its bid a statement describing why the bidder is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of

Contractor’s statement describing why the bidder was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the

Contractor as demonstrating compliance.

12. TERM OF CONTRACT: The contract period will be from the date of award through one (1) year, with the opportunity for four (4) optional, consecutive one-year renewal terms.

13. TERMINATION OF CONTRACT: If the Contractor fails to provide quality goods or services in a professional manner and in accordance with applicable laws, regulations or bid provisions, solely as determined by the Town and, upon receipt of notice from the Town does not correct the deficiency within a reasonable period of time (not to exceed seven (7) calendar days unless otherwise agreed to by the Town), the Town reserves the right to terminate the contract by giving written notice to the

Contractor. Upon termination the Town may procure the services from another contractor in accordance with the Default term within the General Terms and Conditions.

14. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the Towns’ satisfaction at the contractor’s expense.

BID FORM

Town of Front Royal Purchasing Department

Title: IFB 3-2026 Delivered Concrete

Due prior to 2:00 P.M., local prevailing time, April 9, 2026

Ready-Mix Concrete Firm Fixed Pricing

DESCRIPTION

DELIVERED COST

PER CUBIC YARD

B Mix Concrete $

A Mix Concrete $

A-3 Mix Concrete, REGULAR SAND $

A-3 Mix Concrete, NATURAL SAND $

A-4 Mix Concrete, NATURAL SAND $

EXPOSED AGGREGATE MIX CONCRETE $

Ready Mix Flowable Fill $

All Types CG-12 $

Short Load Fee $

The undersigned hereby declares that he has informed himself fully of all conditions of this solicitations, including the specifications of the product(s) to be provided, drawings (if any), all Addenda, and all conditions relative to any work to be performed.

Receipt of Addenda listed below is acknowledged and the bid incorporates all requirements of these Addenda:

No. Date No. Date

No. Date No. Date

A minimum of 30 days after receipt of an approved invoice by the Town shall be allowed for payment.

Discounts for prompt payment will not be considered in the evaluation of bids. However, any offered discount will become part of the award and will be taken if payment is made within the discount period offered in the bid. In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. For the purpose o earning the discount, payment shall be considered to have been made on the date that appears on the payment check or the date on which an electronic funds transfer for the payment was made.

The Bidder certifies that he has not combined, conspired, or agreed to intentionally rig, alter, or otherwise manipulate, or to cause to be rigged, altered or otherwise manipulated this bid for the purpose of allocating purchases or sales to or among persons, raising or otherwise fixing the prices of the goods or services, or excluding other persons from dealing with the Town of Front Royal. In compliance with VA Code § 2.2-

4343.1, the Town of Front Royal does not discriminate against faith-based organizations. INDICATE

BY PLACING A CHECK HERE IF A FAITH-BASED ORGANIZATION AS DESCRIBED

IN VA CODE § 2.2-4343.1

My signature certifies that this firm (or individual) has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to the

Town of Front Royal, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationships with any other companies or person that could be considered as a conflict of interest or a potential conflict of interest to the Town of Front Royal, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with the

Town of Front Royal.

Bids must be signed by someone having the authority to bind the individual or company.

SIGNATURE ________________________________________

PRINTED/TYPED NAME ________________________________________

TITLE ________________________________________

DATE ________________________________________

TELEPHONE ( )

THIS PAGE MUST BE COMPLETED, SIGNED, AND RETURNED

In compliance with this IFB and to all the conditions imposed herein, the undersigned offers and agrees to furnish the services in accordance with the attached signed quotation.

LEGAL NAME & ADDRESS OF FIRM:

By:

Company’s Legal Name Authorized Representative - Signature in Ink

Printed Name:

Title:

Date:

Phone:

Email:

Fax:

In c o m p l i a n c e with this IFB, a n d subject to all the conditions thereof, the signatory offers, if this bid is accepted within ninety (90) 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 above signature certifies the bidder 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 above.

PLEASE NOTE: State Corporation Commission (SCC) registration requirements effective July 1, 2010 require that your proposal include the identification number issued by the State Corporation Commission as proof of registration or justification for non-registration, per the requirements in Sections 6.31 and 9.21. Please complete this Proof of Authority to Transact Business in Virginia form and submit it with your proposal. Failure to provide this information or providing inaccurate or purged information shall result in your proposal being rejected.

State Corporation Commission Form Virginia State Corporation Commission (SCC) R egistration Information

Pursuant to VPPA §2.2-4311.2, the bidder must include the following information:

o is a corporation or other business entity with the following SCC identification number:

-OR-

o is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust.

-OR-

o is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder's out-of-state location)

-OR-

o is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned bidder's current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. Attach opinion of legal counsel to this form.

o NOTE: Check this circle if you have not completed any of the foregoing options but currently have pending before the SCC and application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals. (The Town of Front Royal reserves the right to determine in its sole discretion whether to allow such waiver).

I certify the accuracy of this information.

Signed: Title:

Date: _________________________

Note: The following information is required as part of your response to this solicitation. Failure to complete and provide this sheet may result in finding your bid nonresponsive.

1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.

2. Vendor's Primary Contact:

Name: Phone:

E-mail: _____________________________

3. Years in Business: Indicate the length of time you have been in business providing this type of good or service:

Years Months

4. Indicate below a listing of three (3) references for like jobs the Offeror has performed for a municipal government in Virginia or similar accounts, including a contact person, address, and phone number.

A. Company/Government: Contact (Name/Title):

Address: Contact Email:

B. Company/Government: Contact (Name/Title):

C. Company/Government: Contact (Name/Title):

I certify the accuracy of this information.

Signed: Title: Date:

NON-COLLUSION AFFIDAVIT

The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered in to any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He/She further says that no person or persons, firms, or corporation has, have, or will receive directly or indirectly, any rebate, fee gift, commission, or thing of value on account of such sale.

OATH AND AFFIRMATION

I HEREBY AFFIRM UNDER THE PENALITIES FOR PERJURY THAT THE FACTS AND

INFORMATION CONTAINED IN THE FOREGOING BID ARE TRUE AND CORRECT.

Dated this day of , 2026.

(Name of Organization)

(Title of Person Signing)

(Signature)

ACKNOWLEDGEMENT

STATE OF

COUNTY OF

Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct.

Subscribed and sworn to me this day of , 2026.

Notary Public Signature

My Commission Expires: (SEAL)

CONFLICT OF INTEREST: The undersigned certifies and warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest, which is defined as a situation in which the nature or work under the contract and the offeror’s organizational, financial, contractual or other interest are such that award of the contract may result in the offeror receiving an unfair competitive advantage, or the offeror’s objectivity in performing the contract work may be impaired. The offeror agrees that if after being awarded it discovers an organizational conflict of interest with respect to the being awarded, it shall make an immediate and full disclosure in writing to the Town of Front Royal which shall include a description of the action which the offeror has taken or intends to take to eliminate or neutralize the conflict. INDICATE THE NAME AND CONTACT INFORMATION OF THE PERSON WHO CAN

RESPOND AUTHORITATIVELY TO ANY QUESTIONS REGARDING THIS PROPOSAL (I.E.

PROJECT MANAGER).

Dated this day of , 2026.

(Name of Organization)

(Title of Person Signing)

(Signature)

ACKNOWLEDGEMENT

STATE OF

COUNTY OF

Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct.

Subscribed and sworn to me this day of , 2026.

Notary Public Signature

My Commission Expires: (SEAL)