3236TP IFB, Grass Cutting etc..pdf

IFB 26-14-3236TP Page 1

HANOVER COUNTY, VIRGINIA

INVITATION FOR BIDS # 26-14-3236TP

Issue Date:

Title:

Commodity Code:

Issuing Department:

Location Where Service

Will be Provided:

Period of Contract:

January 2, 2025

Grass Cutting and Commercial Grounds Maintenance Services (Countywide)

98836 – Grounds Maintenance: Mowing, Edging, Plant (Not Tree) Trimming, etc.

Hanover County, Virginia

Finance and Management Services Department/Purchasing Division

(Chenault-Weems Bldg., 2nd floor)

7507 Library Drive

P.O. Box 470

Hanover, VA 23069-0470

Hanover County, Virginia

Various County Department

Hanover, VA 23069

From award of contract through February 28, 2026 (Renewable)

Sealed bids will be received by the issuing department prior to 2:00 P.M. (prevailing time), January 22, 2025 for furnishing the services described herein and then opened in public.

The preferred method for responding to this solicitation (submitted electronically) through eVA (Virginia’s eProcurement Market Place – https://eva.virginia.gov). For assistance, contact eVA Customer Care at Get Help eVA

Customer Care (virginia.gov) or

1-866-289-7367.

All inquiries for information should be directed to: Trena A. Ponton, CPPB, Purchasing Officer Senior, taponton@hanovercounty.gov and must be received no later than five (5) working days before the due date.

In compliance with this Invitation for Bids and to all the conditions imposed therein, the undersigned agrees to furnish the goods/services at the price(s) indicated In the Pricing Schedule.

NAME AND ADDRESS OF FIRM:

Date:

By:

Name:

Signature

Title:

Please Print eVA Vendor ID Telephone No.

E-mail Address: FAX No.

OPTIONAL PRE-BID (VIRTUAL) CONFERENCE MEETING: An optional pre-bid (virtual) meeting will be held at

1:00 p.m., January 13, 2025. (Reference Section 6 herein)

This public body does not discriminate against faith-based organizations.

https://eva.virginia.gov/ https://eva.virginia.gov/get-help-customer-care.html https://eva.virginia.gov/get-help-customer-care.html mailto:taponton@hanovercounty.gov

IFB 26-14-3236TP Page 2

TABLE OF CONTENTS

1. SCOPE OF WORK 3

2. GENERAL TERMS AND CONDITIONS 6

3. SPECIAL TERMS AND CONDITIONS 11

4. PRICING SCHEDULE 20

5. ATTACHMENTS 20

IFB 26-14-3236TP Page 3

1. SCOPE OF WORK

1.1 PURPOSE: The purpose of this Invitation for Bids (IFB) is to obtain Bids from qualified, experienced, and competent grounds maintenance companies to provide grass cutting, lawn care/maintenance, and related work for service at County, Schools, Jail, and Library (collectively “County”) properties in accordance with the specifications, terms and conditions herein. The County intends to award primary contract(s) to perform

(seasonal-regular cuts and “as needed”) and secondary contract(s) for providing (on-call services and “as needed”) services based on the bid evaluation identified in Attachment E, Locations and Bid Pricing.

1.2 BACKGROUND: As the county grows and our facilities age, the need to renovate and repair existing facilities, as well as add new facilities and buildings, becomes imminent. Hanover County has more than

100,000 citizens, many of whom have deep roots in the community, and we value our outstanding education, safe community, low tax rates, quality of place and work ethic that make the County second to none as a place to live and do business. In addition, Hanover County is proud to have earned AAA bond ratings from all three ratings agencies: Standard & Poor’s, Moody’s, and Fitch Ratings. We are one of only

36 counties nationwide to have earned this prestigious designation and are the smallest by population to have done so. The rating agencies cited our growing and diverse tax base and sound fiscal management as among the factors for earning our competitive bond ratings.

A. HANOVER COUNTY GOVERNMENT: The offices of the Board of Supervisors, County

Administrator, County Attorney, Commissioner of the Revenue, Treasurer, Registrar, and the departments of Human Resources, Finance and Management Services, Internal Audit, Assessor, Public

Information, and Information Technology constitute the general government administration of the

County. The elected and appointed officials, along with the staff of the various departments, implement the laws and policies of the County by developing and executing the procedures that are necessary to provide general support services to residents of the County.

B. HANOVER COUNTY DEPARTMENT OF PUBLIC UTILITIES (“DPU”): DPU owns, operates and maintains public water and wastewater infrastructure and systems in the Suburban Services Area

(“SSA”), and responsible for providing quality control and problem solving to meet all emergencies/assignments and provide excellent and quality services to its customers while following local, state, and federal requirements. The SSA is the crescent shaped area north of the Chickahominy

River, generally between Hylas and Creighton Road, including Ashland, the Doswell area, and the

Hanover Courthouse area. The Suburban Service Area is approximately 63,400 acres and 99 square miles. Outside the Suburban Service Area are five (5) rural residential subdivisions (included collectively, as part of the “System”).

C. HANOVER COUNTY PARKS AND RECREATION DEPARTMENT (“Parks & Rec.”): Parks & Rec.

offers over 1,500 acres of parkland throughout the County; with beautiful walking/bike tracks/trails, historic landmarks, athletic fields, relaxing shelters as well as safe accessible playgrounds. Our parks are open daily from dawn to dusk throughout the year offering a wide range of yearlong events and programs for all ages and interest. Athletic field lighting provides extended hours at Pole Green, Courthouse, Montpelier, and Poor Farm parks. Shelter areas are open throughout the entire year during daylight hours only. Charcoal grills are on site, portable grills permitted in designated grilling areas only. During inclement weather conditions, all County parks will be closed as necessary. The County will not be held responsible for any loss or theft during the use of park facilities. County-owned parks are supervised by Parks & Rec and are patrolled by Hanover County Sheriff’s Office, as well as the

Virginia State Police.

D. HANOVER COUNTY PUBLIC SCHOOLS (“HCPS”): HCPS is one of the largest school districts in

Virginia and is among the 300 largest of the 15,500 school districts in the United States. HCPS serves approximately 19,400 students in pre-K– 12: fifteen (15) elementary schools; four (4) middle schools;

four (4) high schools; a trades and technology center; and an alternative education center. All HCPS schools are accredited by the Virginia Department of Education (VDOE) and the Southern Association of Colleges and Schools. Hanover Schools have been recognized with ten (10) National Blue Ribbon

School of Excellence awards. Hanover was the first Virginia school district to receive the U.S. Senate

Productivity and Quality Award for Continuing Excellence.

IFB 26-14-3236TP Page 4

1.3 STATEMENT OF NEEDS: Services under the contract shall be inclusive of all costs (i.e. profit, overhead, insurance, administrative, etc.) to provide all supervision, labor, equipment/machinery, tools, materials, supplies, transportation, record documentation, and other various related grounds maintenance services.

Services provided at School locations, the Contractor’s crew supervisor (foreman) shall check in at the main office of the school prior to performing any work.

A. SCOPE OF SERVICES: In consultation with all responsibilities herein, the Contractor shall have the ability to perform the following services:

1. OPERATIONS – SET SCHEDULED BASIS: Contractor shall provide the County a target schedule of activities prior to beginning work under the contract. The schedule(s) shall provide a monthly overview and weekly breakdown that will identify when and where the Contractor will be working.

a. Generally, all sites will be serviced on a regular cycle, no less than two (2) times per month, evenly spaced out, with no more than ten (10) business days between each visit unless otherwise directed by the County or defined herein. The actual number of moving events or associated work may vary depending on weather conditions and other associations.

b. Site maps and locations to include addresses and work required at each location are available upon request by contacting Trena A. Ponton, CPPB, Purchasing Officer Senior by email:

taponton@hanovercounty.gov, PH: (804) 365-6283, FX: (804) 365-6100. Provide the solicitation number (3236TP) and title of the IFB (Grass Cutting and Commerical Grounds

Maintenance and Related Services - Countywide), along with your complete name, address, phone/fax numbers, and email addresse number and email address. An electronic file

(AdobePDF format) compiled of aerial/photograph views, maps, and other pertinent information is available upon request by contacting the Purchasing Divsision. The information included in the document(s) is for informational purposes only. Bidders are encourage to obtain a copy so to become familier with the complexity and magnitude of work required under the contract.

c. Growing season begins in March and continues through November. The Contractor shall be responsible for performing services between the identified months (approximately 7 months

– 30 weeks); however, the County reserves the right to request services performed outside of the identified months, and vary the number of cuts and work assignments under the contract.

d. The Contractor shall cooperate fully with the County to ensure interference while performing services under the contract are minimal. Hours of work: 7:00 a. m. – 7:00 p.m., Monday through Friday, unless otherwise prior approved is obtained from the County.

2. GRASS CUTTING/MOWING: Grass cutting shall be performed in a manner consistent with landscape maintenance industry standards that ensure smooth surface appearance without scalping or leaving any missed uncut grass.

a. All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and current conditions of the turf. Mower blade height adjustment is to be measured from a level floor surface to the parallel and level plane of the mower blade. All mower blades must be sharp enough to cut the grass, rather than tear grass blades.

b. Prior to each mowing operation, the Contractor shall pick up all litter and debris (e.g. rocks, paper, bottles, branches/sticks etc.) from the site to avoid shredding that will damage the turf appearance or possibly be propelled from the Contractor’s equipment.

c. Contractor shall not cut grass when weather (e.g. wet, frost) conditions will result in damage to the turf, uneven cutting or rutting grounds. The County must be notified if this issue should arise. Any damage caused by the Contractor’s services under adverse conditions must be repaired by the Contractor at no cost to the County.

IFB 26-14-3236TP Page 5

d. Grass shall be cut to a height of 2 to 3 inches around trees, shrubs and buildings, along ditches and other areas not accessible to mowers.

e. Grass shall be cut in such a manner that mounds or clumps of cuttings are not left behind.

3. TRIMMING & EDGING:

a. Grass shall be trimmed within 24 hours following mowing. Trimming may be accomplished by hand or hand powered shears or rotary nylon “fish-line” type cutting machines. Grass will be trimmed to the same height as the adjacent turf is mowed.

b. Edging of all turf edges abutting sidewalks and flush paved surfaces will be done during or as an immediate operation following mowing. Edging shall be performed to produce neat uniform lines.

c. All fencelines shall be trimmed each visit to include a 3’ path on the outside of the fenceline.

This will include clearing grass, weeds, and other undergrowth around the entire perimeter of the fenceline. Facilities located in heavily wooded areas will be handled on a case-by-case basis.

4. WEED CONTROL: Weed control will be prformed “as needed”. Use of herbicides (chemicals) shall follow all applicable OSHA and EPA standards and regulations, and manufacturer’s recommendations. The Contractor shall obtained approval from the County prior to application of chemicals. A Commerical Certified Applicator shall be on site when chemicals are used, refer to the Code of Virginia Chapter 39 – Pesticide Control for necessary precautions and other responsibilities when using environmentally hazardous chemicals. Use of any chemical(s) must be accomplied with the chemicals Safety Date Sheet.

a. Never use chemicals for weed control within fifty (50) feet of water supply wells and-or where prohibited as posted. Weed treatment chemicals may be used along paved edges, graveled areas, fence lines and buildings where approved by the County. Trees and shrubs must be protected. The Contractor shall be responsible for damages caused by improper use of chemicals.

b. Weed control chemicals shall be suitable for use around water and must not be hazardous to wildlife and humans.

5. LITTER & OTHER DEBRIS CONTROL: Contractor shall protect storm water inlets/catch basins and bodies of water from work related clutter and contamination (grass clippings, trimmings, branches, litter and other debris). All grass clippings, trimmings, litter and other debris shall be picked up and properly disposed of offsite and in a lawful manner by the Contractor. No dumping on County property will be permitted.

a. Grass clippings and debris caused by grass cutting, weed eating or trimming must be removed from adjacent walks, drives, gutters, curbs or surfaces on the same day as mowed or trimmed.

b. Dirt and debris produced during edging or weed eating will be removed and swept from adjacent hard surfaces during, or as an immediate operation following, the mowing.

c. All fence lines shall be cleaned of any debris and growth as part of each site visit.

6. LEAF AND LIMB (LESS THAN 3” IN DIAMETER) REMOVAL: Removal of fallen and accumulated leaves and limbs shall be properly disposed of offsite. No dumping on County property permitted. The Contractor may be requested to remove limbs greater than 3” in diameter upon request and negotiations with the County. Costs related to removal of limbes greater than 3” in diameter shall be based on the unit rate identified under the contract.

IFB 26-14-3236TP Page 6

7. ADDITIONAL SERVICES: The County may require additional services to include, but not limited to leaf and limb removal; additional mowing requirements; trimming and edging; weed control; etc. Additional services shall be performed on an “as needed basis”.

Prior to beginning work on any “as needed” “additional” projects, the Contractor shall meet with the appropriate County staff to obtain the proposed work scope, schedule, and other parameters for the project. No work shall begin without prior County approval. The Contractor shall evaluate existing conditions, including making site visits and other activities necessary to properly assess the project and then prepare a written estimate of the project cost based upon the contracted unit rates. The Contractor shall submit the written estimate and work schedule to the appropriate County staff. The estimate shall include projected man-hours by employee classification and the cost of any materials to be provided. The County reserves the right to supply materials associated with additional services.

a. MOWING: Additional areas needing grass cutting – riding mower and push mower.

Guidelines/requirements for mowing shall be followed as identified in Section 1.3., paragraph A.2.

b. TRIMMING AND EDGING: Additional areas needing trimming. Guidelines/requirements for trimming and edging shall be followed as identified in Section 1.3., paragraph A.3.

c. WEED CONTROL: Additional weed control. Guidelines/requirements for mowing shall be followed as identified in Section 1.3., paragraph A.4.

d. OTHER GENERAL SERVICES: Upon request, the Contractor will be required to perform

Landscaping and Hardscaping work to include, but not limited to design, installation, and other relected services in accordance with industry standards and requirements.

2. GENERAL TERMS AND CONDITIONS

2.1 eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, web site portal https://eva.virginia.gov streamlines and automates government purchasing activities. All vendors desiring to provide goods and/or services to the County shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All Bidders or

Offerors must register in eVA, failure to register may result in the bid being rejected. The County advertises all competitive solicitations on eVA but does not issue purchase orders through eVA unless required to by the terms and conditions of a state issued contract.

2.2 ACCEPTANCE OF GOODS/SERVICES: Goods/services delivered shall remain the property of the

Contractor until a physical inspection or actual usage of the goods/services is made and thereafter accepted to the satisfaction of the County. The goods/services must comply with the specifications and terms and conditions of this solicitation and be of the highest quality. In the event the goods/services supplied to the

County are found to be defective or not to conform to specifications, the County reserves the right to cancel the contract upon written notice to the Contractor and return products to Contractor at the Contractor's expense.

2.3 ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the County will publicly post such notice in eVA (https://eva.virginia.gov) for a minimum of 10 days.

2.4 ANTI-DISCRIMINATION: By submitting their bids, Bidders certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment

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

IFB 26-14-3236TP Page 7 funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Code of

Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in A and B below apply:

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

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

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, will state that such Contractor is an equal opportunity employer.

3. 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.

B. The Contractor will include the provisions of (A) above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

2.5 APPLICABLE LAWS AND COURTS: This solicitation is governed by the laws of the Commonwealth of

Virginia. Any dispute or controversy arising out of or relating to this solicitation or otherwise shall be brought in the Hanover County Circuit Court or in the United States District Court for the Eastern District of Virginia, Richmond Division; provided, however, that prior to the instigation of any such action (other than an action for equitable relief) a meeting shall be held at a mutually agreed upon location, attended by individuals with decision-making authority to attempt in good faith to negotiate a resolution of the dispute.

2.6 ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County.

2.7 AUDIT: The Contractor shall retain all books, records and other documents relative to this contract for five

(5) years after final payment, or until audited by the County, whichever is sooner. The County or its authorized representative shall have full access to and the right to examine any of said materials during said period. The Contractor shall include the provisions above in every subcontract or purchase order, so that the provisions will be binding upon each subcontractor or vendor.

2.8 AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of lawfully appropriated funds.

2.9 BID PRICE CURRENCY: Unless stated otherwise in this solicitation, Bidders shall state bid prices in US dollars.

2.10 BIDDER, OFFEROR AND CONTRACTOR COMPLIANCE: All Bidders, Offerors and Contractors shall comply with the Virginia Public Procurement Act, (Code of Virginia § 2.2-4300, et seq.), and all applicable

County policies, regulations and procedures adopted pursuant thereto.

2.11 CONTRACT CHANGES: Any changes to the contract must be approved through issuance of a written contract addendum or change order. The County will not assume responsibility for the cost of any changes made without issuance of a written contract addendum or change order.

2.12 CONTRACTOR’S PERFORMANCE:

A. The Contractor agrees and covenants that its agents and employees shall comply with all County, State and Federal laws, rules and regulations applicable to the business to be conducted under the Contract.

IFB 26-14-3236TP Page 8

B. During the performance of this contract, the Contractor shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.

C. The Contractor shall cooperate with County officials in performing the Contract work so that interference with normal operations will be held to a minimum.

2.13 CONTRACTUAL CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Any notice or claim shall be delivered to: Director, Finance and Management Services Department, 7507 Library Drive, Hanover, VA 23069-0470 and shall include a description of the factual basis for the claim and a statement of the amounts claimed or other relief requested. The County Administrator will render a decision on the claim and will notify the Contractor within 30 days of receipt of the claim. The Contractor may appeal the decision of the County Administrator to the Board of Supervisors by providing written notice to the County Administrator, within 15 days of the date of the decision. The Board of Supervisors shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision shall be final unless the Contractor appeals the decision in accordance with the Virginia Public Procurement Act.

Invoices for all services or goods provided by the Contractor shall be delivered to the County no later than 30 days following the conclusion of the work or delivery of the goods.

2.14 DEBARMENT STATUS: By submitting their bids, Bidders certify that they are not currently debarred by the County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

2.15 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may terminate this contract and procure all goods and/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 County may have.

2.16 DEFINITION OF COUNTY: The Purchasing Division of the Finance and Management Services Department provides purchasing support for Hanover County Government, Hanover County School Board, Pamunkey

Regional Jail Authority and Pamunkey Regional Library, hereinafter referred to as County. Any contract issued as a result of this solicitation shall be available for the use of any or all of these entities unless otherwise stated in the solicitation.

2.17 DRUG-FREE WORKPLACE: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the

Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the

Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

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

IFB 26-14-3236TP Page 9

2.19 FORCE MAJEURE: If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party’s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of Force

Majeure shall rest solely with the County.

2.20 IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that they do not, and shall not during the performance of the contract, knowingly employ an unauthorized alien as defined in the

Federal Immigration Reform and Control Act of 1986.

2.21 INDEMNIFICATION: Contractor agrees to indemnify the County, its officers, agents, and employees for any loss, liability, cost (including attorney’s fees), or reasonable settlement cost incurred as a result of any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the County or to failure of the County to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered. The

County will not agree to indemnify the Contractor.

2.22 INDEPENDENT CONTRACTOR: The Contractor is an independent Contractor and nothing contained in the contract shall constitute or designate the Contractor or any of its agents or employees as employees of the

County.

2.23 LICENSES AND PERMITS: The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Contractor’s work which are legally required prior to and during the work, including software licenses or other intellectual property permissions, unless otherwise specified by the County.

2.24 MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Failure to submit a bid on the official County form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the

County reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the County may, in its sole discretion, request that the

Bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

2.25 NOTIFICATION: Any notice required by the contract shall be effective if given by registered mail, return receipt requested, to the Contractor in the name and at the address given in their bid; provided that change of address shall be effective if given in accordance with this paragraph. Unless otherwise specified, any notice to the County shall be given to: County of Hanover, Director, Finance and Management Services Department, P. O. Box 470, Hanover, VA 23069-0470. The Contractor agrees to notify the County immediately of any change of legal status or of address.

2.26 PAYMENT:

A. To Prime Contractor:

1. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number and/or purchase order number; social security number (for individual Contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

IFB 26-14-3236TP Page 10

3. In those cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made (Code of Virginia, § 2.2-4353).

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

County of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

B. To Subcontractors:

1. A Contractor awarded a contract under this solicitation is hereby obligated:

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

b. To notify the County and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

2. The 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

Contractor that remain unpaid seven (7) days following receipt of payment from the County, except for amounts withheld as stated in (b) 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. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the County.

C. Construction Contracts:

1. The Contractor shall be liable for the entire amount owed to any subcontractor with which it contracts, regardless of whether the Contractor has received payment from the County under the contract.

a. The Contractor is not liable for amounts reducible due to the subcontractor’s noncompliance with the terms of the contract.

b. In the event the Contractor withholds all or a part of the subcontractor’s payment under the contract, the Contractor shall notify the subcontractor, in writing, of the Contractor’s intention to withhold all or part of the subcontractor’s payment, with the reason for nonpayment.

c. The Contractor’s receipt of payment from the County shall not be a condition precedent to the

Contractor’s payment to the subcontractor for amounts owed.

2. Any provision in this contract contrary to subdivision 1 of this section shall be unenforceable.

D. The County encourages Contractors to accept electronic and credit card payments.

2.27 PRECEDENCE OF TERMS: The following General Terms and Conditions; ANTI-DISCRIMINATION, APPLICABLE LAWS AND COURTS, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION

REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, MANDATORY USE OF COUNTY

FORM AND TERMS AND CONDITIONS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

2.28 QUALIFICATIONS OF BIDDERS: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder to perform the services/furnish the goods and the Bidder

IFB 26-14-3236TP Page 11 shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect Bidder’s physical facilities prior to award to satisfy questions regarding the

Bidder’s capabilities. The County further reserves the right to reject any bid if the evidence submitted by, or investigations of, such Bidder fails to satisfy the County that such Bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

2.29 ROYALTY AND LICENSE FEES AND COPYRIGHT, TRADEMARK AND PATENT PROTECTION:

A. By submitting their bid, Bidders certify that there will be no violation of copyrights or patent rights in manufacturing, producing, or selling the commodities or services to be ordered as a result of this solicitation.

B. Unless specified otherwise in the contract, the Contractor shall pay all royalty and license fees relating to the items covered by the contract.

C. In the event any third party shall claim that the manufacture, use and sales of these goods offered hereby constitutes an infringement of any copyright, trademark, or patent, the Contractor shall indemnify and hold harmless the County from any cost, expense, damage or loss incurred in any manner by the County on account of such alleged infringement.

2.30 SEVERABILITY: Each paragraph and provision of the resultant contract will be severable from the entire agreement and if any provision is declared invalid, the remaining provisions shall remain in effect.

2.31 STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: In accordance with 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 shall 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 (Attached). 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 County’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.

2.32 TAXES: The County is exempt from Federal Excise and State Sales and Use Tax on all tangible personal property purchased or leased by it for its use or consumption. The Contractor shall pay all County, City, State and Federal taxes required by law enacted at the time bids are received and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be added to the contract price between the County and the Contractor, as the taxes shall be an obligation of the Contractor and not of the County, and the County shall be held harmless for same by the Contractor. Exemption certification will be supplied upon request.

2.33 TERMINATION FOR CONVENIENCE: Unless otherwise stated, any resultant contract may be terminated, in whole or in part, whenever the County determines that such a termination is in its best interests. Any such termination shall become effective on the date stated in a written notice of termination to the Contractor sent at least five days prior to the stated termination date. The notice of termination shall state the extent to which performance shall be terminated. The Contractor shall be paid for all goods delivered or services successfully completed prior to the termination date.

2.34 TESTING AND INSPECTION: The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

3. SPECIAL TERMS AND CONDITIONS

3.1 AWARD: The County reserves to award multiple contracts to this solicitation. The County will make the award on a lump sum basis to the lowest responsive and responsible Bidder. The County reserves the right

IFB 26-14-3236TP Page 12 to conduct any test it may deem advisable and to make all evaluations. The County also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest. The County reserves the right to contract with firms not party to this contract for similar goods/services if it determines this is to be in its best interest.

3.2 BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (90) days. At the end of the (90) days the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

3.3 BUILDING/SITE OCCUPANCY: Under no circumstances shall any driveway, access road or walkway be blocked by the Contractor's vehicles to prohibit use of, or disruption to pedestrian or vehicular traffic to the buildings or site.

3.4 CANCELLATION OF CONTRACT: The County reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

3.5 CONTINUITY OF SERVICES: Immediately upon award of contract, the Contractor shall promptly notify the current county elevator contractor to coordinate prompt transition of contract responsibilities.

A. The Contractor recognizes that the services under this contract are vital to the County and must be continued without interruption and that, upon contract expiration, a successor, either the County or another Contractor, may continue them. The Contractor agrees:

1. To exercise its best efforts and cooperation to affect an orderly and efficient transition to a successor;

2. To make all County owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and

3. That the County shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

B. The Contractor shall, upon written notice from the County, furnish phase-in/phase-out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the County’s approval.

C. The Contractor shall be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. All phase-in/phase-out work fees must be approved by the County in writing prior to commencement of said work.

3.6 CONTRACTOR QUALIFICATIONS/PERFORMANCE: The Contractor shall have at least (3) years’ related experience, capability, capacity, and full knowledge of all responsibilities, including applicable restrictions associated to the work for government entities and public-school boards to fully satisfy all contractual requirements. The Contractor, his workforce and subcontractors shall be properly trained, and materials and equipment meet satisfactory standards to perform the highest quality work equal to or better than industry standards involved. This includes prompt response to all work requests by the County. The

County reserves the right to reject any of the Contractor’s employees, subcontractors, agents, etc. who, in the

County’s judgement, are not adequately qualified to perform the work. The Contractor and it’s employees shall follow all current industry recommendations and procedural standards, technical manuals, service bulletins, and other operational-instructional manual(s) issued by the equipment used to fullfill contract responsibilities. All projects shall be performed in a manner that does not adversely affect the integrity of the building’s structural, mechanical, electrical, fire protection and life safety systems, or any other building

IFB 26-14-3236TP Page 13 systems and utilities that may overload or render useless any portion of the building without first seeking approval by the County. Utilities shutdown must be coordinated with the County.

A. After receipt of contract, the Contractor will meet with the appropriate County staff to discuss responsibilities and other parameters associated with the requirements. The Contractor shall appoint at least one person who shall be designed at the point of contact (“POC”), and the Contractor’s POC shall review the work and job sites with the appropriate County staff and shall be the channel for all inquiries concerning work in progress or work to be started under this contract. The POC should be readily available to review all phases of the work. The Contractor shall notify the County of any changes in persons designed as the POC. The POC shall have the capability to communicate and comprehend, both verbally and in writing the English language and have the ability of transmitting instructions to members of the Contractor’s work crew. The County shall be able to contact the POC within minutes. The POC’s contact information should include: i) contact name; ii) title; iii) telephone ‘cell/landline’ and fax numbers

‘telephone numbers should be toll free or local’; and iv) email address.

B. The Contractor its agents, personnel, subcontractors, and supplier will comply with all local, state and federal, OSHA, and health and safety rules, regulations, standards, policies, specifications, authorizations, and other requirements such as: licenses, codes, laws, authorizations, and other responsibilities applicable to the business for the proper execution and completion of the work, and shall obtain, secure, and maintain all necessary permits and licenses, not to mention others. A copy of the Contractor’s Safety Policy and

Program shall be provided upon request by the County.

C. The Contractor will ensure that its agents, personnel, subcontractors, and suppliers will perform work so not to interrupt or interfere with the operation of any existing activity on the premises or with the work of any contractor. The Contractor shall exercise caution and discretion necessary to avoid injury to person or damages to property (i.e. apparatus, buildings, grounds, appurtenances and furnishings) of any and all kind that might be done or caused by work performed by the Contractor. Any damages of any kind caused directly or indirectly by the Contractor, agents, personnel, subcontractors, and suppliers shall be repaired and/or replaced at the expense of the Contractor by methods approved by the County to restore the damaged area(s) to its original condition. Such repairs shall be deemed acceptable only after inspection and approval by the County.

D. All refuse, rubbish, scrap materials, and debris caused by the Contractor’s operations shall be removed and disposed of. No such refuse, rubbish, scrap material, and debris shall be left within the completed work area nor buried on the project site but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law. No County dumpsters are to be used for disposal. The

Contractor shall include any costs for disposal included in their proposed rates.

E. The Contractor expressly undertakes, either directly or through his subcontractor(s), before final payment, to remove all surplus material, false work, temporary structures, including foundations thereof, plants of any description and debris of every nature resulting from his operations and to put the site in a neat, orderly condition; to thoroughly clean and leave reasonably dust free all finished surfaces including all equipment, etc. If a Contractor fails to clean up at the completion of the work, the County may do so and charge for costs thereof to the Contractor.

F. Equipment: The Contractor shall have the appropriate equipment, in working order, “tools of the trade” and utilized in a manner consistent with the manufacturers’ instructional procedures and all VOSH regulations. Leasing or rental of specialized/unique/unusual equipment, which are not considered general tools of the trade, shall be approved by the County prior to use. Bidders should include with their bid a complete list of all equipment that will be used to provide the services. “Flail” mowers are prohibited.

Attachment D – Equipment List, to be completed and submitted along with bid responses.

G. The Contractor is not to use or operate County vehicles, equipment, tools, or other equipment at any time.

H. The Contractor shall secure all applicable permits for the proper execution and completion of the work.

IFB 26-14-3236TP Page 14

3.7 CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for one hundred and twenty thousand dollars ($120,000) or more, or if the total value of all such contracts undertaken by Bidder within any 12-month period is seven hundred and fifty thousand dollars ($750,000) or more, the Bidder is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors as a “CLASS A CONTRACTOR.” If such a contract is for seventy-five hundred dollars ($7,500) or more but less than one hundred and twenty thousand dollars ($120,000), or if the total value of all such contracts undertaken by Bidder within any 12-month period is between one hundred and fifty thousand dollars…