IFB 26-05-3340SH Page 1

HANOVER COUNTY, VIRGINIA

INVITATION FOR BIDS # 26-05-3340SH

Issue Date: March 12, 2026

Title: Yard Waste Processing Services

Commodity Code: 59595 Wood Chips and Bark: Composted, Shredded, etc.

92677 Recycling Services 95896 Waste Management Services 96268 Removal of Wood, Wood Chips, Bark, etc.

96850 Leaf Bush, Tree Limb Collection 98859 Mulch/Compost Production Services

Issuing Department: Hanover County, Virginia

Finance and Management Services Department/Purchasing Division 7507 Library Drive P.O. Box 470 Hanover, VA 23069-0470

Location Where Service Hanover County, Virginia Will be Provided: Public Works

Various Locations Hanover, VA 23069

Period of Contract: From Date of Award through March 31, 2027 (Renewable)

Sealed bids will be received by the issuing department prior to 3:00 PM (prevailing time), April 26, 2026, for furnishing the services described herein and then opened in public.

It is preferred that responses to this solicitation be submitted electronically. For assistance, contact eVA Customer Care at 1-866-289-7367.

All inquiries for information should be directed to: Yard Waste Processing Services, (804) 365-6104 or sshumerickhouse@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.

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

mailto:sshumerickhouse@hanovercounty.gov

IFB 26-05-3340SH Page 2

TABLE OF CONTENTS

1. SCOPE OF WORK 3

2. GENERAL TERMS AND CONDITIONS 4

3. SPECIAL TERMS AND CONDITIONS 10

4. PRICING SCHEDULE: 14

5. ATTACHMENTS 15

IFB 26-05-3340SH Page 3

1. SCOPE OF WORK

1.1 PURPOSE AND INTENT: This Invitation for Bids (IFB) is being issued to establish a term contract with qualified Contractor to furnish all necessary containers, supervision, labor, transportation, equipment, tools, materials, supplies, landfill fees, and incidentals for the recycling, processing and removal of yard waste on an “as needed” bases.

1.2 BACKGROUND:

A. HANOVER COUNTY DEPARTMENT OF PUBLIC WORKS (“DPW”). DPW maintains a broad category of infrastructure projects for recreation, employment, and health and safety use in the greater community. They include public buildings, transport infrastructure, public spaces, public services, and other, usually long-term, physical assets and facilities. The Contractor will work with the Chief of Operations and Maintenance, or if other departments elect to procure services under the contract, then the Contractor will work directly with the respective department designee for interpretation and responsibilities related to project assignments. Under the requirements of the contract, the Contractor shall provide assistance, expedited work and correction of possible work-related deficiencies/discrepancies and other problems that may occur during work-in-progress.

1.3. SCOPE OF SERVICES:

A. The Contractor shall operate yard waste processing equipment in the two sites where brush and leaves are collected from residents or haul the material to an approved location for processing. The designated processing site(s) shall be open to the Contractor from 7:30 a.m. to 6:00 p.m., Monday through Friday except for Thanksgiving Day, Christmas Eve, Christmas, New Year’s Day and other days as mutually agreed upon. The Contractor shall be responsible for mobilizing all needed equipment.

Current Designated Locations:

1. Mechanicsville Convenience Center 7427 Verdi Lane Mechanicsville, VA 23111

2. Hanover County Transfer Station 7301 Courtland Farm Rd.

Hanover, VA 23069

B. Processed materials shall be suitable for use as mulch. “Mulch” means woody waste consisting of stumps, trees, limbs, branches, bark, leaves and other clean yard waste that has undergone size reduction by grinding, shredding, or chipping and is used for landscaping purposes or other horticultural uses except composting as defined and regulated under the Solid Waste Management Regulations 9 VAC 20-101-10

et. seq. or 9 VAC 20-80-10 et. seq.

C. The woodchips generated by the size reduction process shall pass a 2-inch by 2-inch screen unless otherwise requested. Other screen sizes available for the locality to choose from should include but not be limited to: 4-inch by 4-inch; 6-inch by 8-inch.

D. When a fine chip is requested, the woodchip shall pass a 2-inch by 2-inch screen.

E. Contractor shall process all leaves, brush, limbs, wood pallets and crates (and/or similar wood products that have not been chemically treated), which are brought to the designated collection site. Magnetic head pulley and discharge shoot with the metal catch container shall be provided by Contractor unless otherwise agreed to by Hanover County Public Works.

F. If requested to provide a grind and remove of yard waste, the Contractor shall ensure that the grinded material is taken to a location that is within the requirements of the quarantine for the Thousand Canker Disease (TCD) or similar diseases by the Virginia Department of Agriculture.

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G. Treatment of grinded material shall comply with the Virginia Department of Agriculture mandates and will be required if transporting material out of the quarantine area.

H. Contractor shall process yard waste or haul material at each collection site at a frequency required by the

Hanover County Public Works. Contractor shall exercise due diligence in completing all work as mutually agreed upon with the County. The Contractor shall be guaranteed a minimum of eight (8) hours of work at a processing site whenever services are requested.

I. Contractor shall provide all personnel and equipment necessary to load, process and/or transport yard waste from the stockpiled area. Failure to have/bring necessary/correct equipment shall not be charged against Hanover County.

J. Contractor shall be responsible for operating and maintaining equipment necessary to carry out the provisions of the Contract resulting from this Invitation to Bid.

L. The County shall not be responsible for tramp metal or other contamination found in yard waste that may cause damage to the Contractor’s equipment.

M. Hanover County shall agree to make reasonable efforts to ensure that yard waste is free from non-biodegradable materials such as plastic and metal.

N. In one-time events of yard waste processing, restoration to the site may be requested by Hanover County.

Cost for this may be include in a processing cost or billed by the cubic yard, ton or a separate hourly rate.

O. Contractor shall provide Hanover County an activity report not later than the 10th of the month following the month in which the services are provided describing the number of hours of operation and number of cubic yards of output for each location for the previous month.

P. All aspects of proposed material handling and processing and transporting and ultimate storage and disposal must be in compliance with all applicable federal, state, and local laws, ordinances, and regulations.

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 https://eva.virginia.gov/ https://eva.virginia.gov/

IFB 26-05-3340SH Page 5 with Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (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.

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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.

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.

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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.

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

IFB 26-05-3340SH Page 8 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.

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

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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 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 (Attachment B). 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.

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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 ACCEPTABILITY OF WORK: Hanover County reserves the right to inspect all work assigned. The Contractor will be notified by the County should the Contractor’s performance not comply with the contract specifications and codes. Any deficiencies shall be promptly corrected by the Contractor at the Contractor’s sole expense and within the designated timeframe given by the County prior to final acceptance of the work.

3.2 AWARD TO MULTIPLE BIDDERS: The County reserves the right to make multiple awards as a result of this solicitation. The award(s) will be made to the lowest responsive and responsible Bidder(s) meeting all the requirements set forth in this solicitation. The County reserves the right to conduct any tests 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.

3.3 BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for ninety (90) days. At the end of the ninety (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.

3.4 BID EVALUATION: The County will evaluate bids using the following hypothetical scenario.

ITEMS Rate Per Hour or Cubic Yard PRICE Track Loader with operator 8 hours Dozer with operator 8 hours Rubber-tire loader with operator

8 hours

Excavator with operator 8 hours Articulated Dump Truck (30

yd) with operator

8 hours

Rate for Grinder with Operator and equipment to load grinder (grind and leave)

3,000 cubic yards

Rate for Grinder with Operator and hauling grinded material off-site (grind and remove)

Rate to load and haul off Yard Waste without grinding on site (material must be re-used or recycled)

Removal of oversized wood – Contractor will provide excavator, operator, and trucking to load and remove stumps and oversized wood that cannot be processed by the grinder

TOTAL $

3.5 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

IFB 26-05-3340SH Page 11 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.

3.6 CONTRACTOR REGISTRATION/COUNTY LICENSURE: If required in order to perform any of the work, the Contractor certifies that they have the appropriate License or Certificate and classification(s) required to perform the work included in the scope of the proposal documents, prior to submitting the proposal, in accordance with Title 54.1, Chapter 11 of the Code of Virginia and in accordance with the laws, rules and regulations of the Commonwealth of Virginia, Department for Professional and Occupational Regulation, Virginia Board for Contractors in granting the License or Certificate and classifications. If required for the work called for in the Invitation, the Contractor shall also obtain a License from the Hanover County Commissioner of Revenue.

3.7 CONTRACTOR’S RESPONSIBILITIES/PERFORMANCE: The Contractor shall have the capability and capacity in all respects to provide properly trained service personnel and necessary materials and equipment to fully satisfy all contractual requirements and have a minimum three (3) years’ experience providing similar services as identified within this solicitation. The Contractor agrees and covenants that he and his agents and employees will comply with all County, State and Federal laws, rules and regulations applicable to the business to be conducted under this contract. The Contractor shall secure all necessary permits for the proper execution and completion of the work. The Contractor will ensure that its employees shall observe and exercise caution and discretion necessary to avoid injury to person or damage to property of any and all kinds.

The Contractor shall cooperate fully with the County in performing the work to ensure that interference with normal operations will be held to a minimum. All apparatus, buildings, grounds, appurtenances and furnishings shall be protected by the Contractor from damage which might be done or caused by work performed under this contract. Any damage caused directly or indirectly by the Contractor, agents, or 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. The County reserves the right to inspect work in progress as well as make final inspection to approve completed work.

All Contractors, employees/representatives, and subcontractors are required to have appropriate company identification (i.e. badge, uniform, or card) clearly visible at all times while work is performed in and around County facilities/buildings.

3.8 COOPERATIVE PROCUREMENT: In the event a contract is awarded from this solicitation, it may be used by other public bodies as allowed by Code of Virginia, § 2.2-4304. The Contractor shall deal directly with any public body it authorizes to use the contract. Hanover County, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Contractor and any other public bodies, and in no event shall the County, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of the contract. Hanover County assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may conduct such notification.

3.9 IDENTIFICATION OF BID ENVELOPE: If not submitted electronically, the signed bid should be returned in a separate envelope or package, sealed and identified as follows:

Name of Bidder

Due Date Time

IFB# 26-05-3340SH

Street or Box Number

City, State & Zip Code

IFB 26-05-3340SH Page 12

The envelope should be addressed as directed on Page 1 of the solicitation. Bids may be hand delivered to the designated location in the office issuing the solicitation.

The Bidder takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the bid to be disqualified. Bids may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other proposals should be placed in the envelope.

3.10 INSURANCE REQUIREMENTS:

A. The Contractor shall be required to maintain in force such insurance, in amounts and types acceptable to the County, as will protect itself and the County from claims which may arise out of or result from the execution of the work, whether such execution be by itself, its employees, agents, subcontractors or by anyone for whose acts any of them may be liable. All insurance shall be provided by companies allowed to conduct business in the Commonwealth. Insurers shall have a Best’s financial strength rating of “A-” or better, and a Best’s financial size category of Class VII, or better, in the latest evaluation of A. M. Best Company, or as otherwise approved by the County. Hanover County and its elected and appointed officials, officers, consultants, agents and employees shall be named as additional insured on the Contractor’s Commercial General Liability and Umbrella Liability insurance for premises, ongoing operations and products and completed operations on a primary and non-contributory basis. Original certificates of insurance signed and provided by authorized representatives of the insurers or, at the County's request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be provided to Purchasing prior to award of the contract, and within seven (7) days of any written request for a certificate, and for five (5) years after Final Payment for the Work with respect to products and completed operations liability.

B. The Contractor shall not start work under this contract until the Contractor has obtained at his own expense all of the insurance called for hereunder and such insurance has been approved by the County;

nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor for the County will be granted only after submission to the County Purchasing Office of original, signed certificates of insurance or, alternately, at the County’s request, certified copies of the required insurance policies.

C. All insurance policies required hereunder shall be endorsed to include the following provision: “It is agreed that this policy is not subject to cancellation or non-renewal until thirty (30) days prior written notice has been given to the Purchasing Office.”

D. The certificate holder should be listed as:

Hanover County, Virginia and Hanover County Public Schools P.O. Box 470 Hanover, VA 23069-0470.

E. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the County. The Contractor shall be as fully responsible to the County for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. The County will consider deductible amounts as part of its review of the financial stability of the Contractor. Any deductibles shall be disclosed by the Contractor, and all deductibles will be assumed by the Contractor.

F. When applicable, additional insurance coverage is required of contracts associated with furnishing and delivery of hazardous materials: 1) Form MCS-90 attached to the business automobile policy; 2) Firms located outside of the Commonwealth of Virginia must have “Sudden and Accidental Pollution Coverage” endorsement added to their business automobile policy; and 3) An endorsement of “Wrongful Delivery of Liquid Products”.

IFB 26-05-3340SH Page 13

Coverage(s) Required Required Limit Description Business Automobile Liability

$1,000,000.00 - Combined Single Limit per Occurrence

Commercial General Liability $1,000,000.00 $2,000,000.00 $2,000,000.00

- Combined Single Limit per Occurrence

- General Aggregate Limit per Project

- Products and Completed Operations

Aggregate Personal and Advertising Injury Liability

$1,000,000.00 - Each Offense per Person or Organization

Umbrella Excess Liability - Per Occurrence and Aggregate as Applicable Worker’s Compensation & Employer’s Liability

$ 500,000.00 $ 500,000.00 $ 500,000.00

- Per Accident

- Disease per Employee

- Policy Limit Disease

Other (Hazardous Materials / Wrongful Delivery of Liquid Products)

$1,000,000.00 - Per Occurrence and Aggregate as Applicable

3.11 PROTECTION OF PERSONS AND PROPERTY:

A. The provisions of all rules and regulations governing safety as adopted by the Safety Codes Commission of the Commonwealth of Virginia, issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia shall apply to all work under this contract.

B. The Contractor shall continuously maintain adequate protection of all his work from damage and ensure its staff observes and exercises caution and discretion necessary to adequately protect and avoid injury or loss to persons or damage of any and all kinds arising in connection with this contract.

C. The Contractor shall adequately protect all apparatus, buildings, grounds, appurtenances, and furnishings from damage to, or loss of use and-or enjoyment by the County which might be done or caused by work performed under the contract. Damages caused directly or indirectly by the Contractor, its agents, subcontractors, or 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. At no time shall costs associated with such repairs be the responsibility of the County. The County reserves the right to inspect work in progress as well as make final inspection to approve complete work.

D. In an emergency affecting the safety or life of persons or of the work, or of the adjoining property, the

Contractor, without special instruction or authorization from the County, shall act, at his discretion, to prevent such threatened loss or injury. Also, should he, to prevent threatened loss or injury, be instructed or authorized to act by the County, the Contractor shall so act immediately, without appeal. Any additional compensation or extension of time claimed by the Contractor on account of any emergency work shall be determined as provided by approval by the county.

3.11 QUANTITIES: Quantities set forth in this solicitation are estimates only, and the Contractor shall supply at bid prices actual quantities ordered, regardless of whether such total quantities are more or less than those shown.

3.12 RENEWAL OF CONTRACT: This contract may be renewed by the County for one year with four (4) successive one-year periods under the terms and conditions of the original contract except as stated in A and B below. Price increases may be negotiated only at the time of renewal. Written notice of the County’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

A. If the County elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the United States Bureau of Labor

IFB 26-05-3340SH Page 14

Statistics, Table 4, Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average for the latest twelve months for which statistics are available (https://www.bls.gov/news.release/cpi.t04.htm).

B. If during any subsequent renewal periods, the County 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 United States Bureau of Labor Statistics, Table 4, Consumer Price Index for All Urban Consumers (CPI-U). U.S.

City Average for the latest twelve months for which statistics are available.

3.13 SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the

County. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the County the names, qualifications, and experience of the proposed subcontractors.

The Contractor shall, however, remain fully liable and responsible for the work to be done by its Subcontractor(s) and shall assure compliance with all requirements of the contract.

3.14 USAGE REPORTS: Upon request, the Contractor shall provide a summary of all services provided for all

County departments, to include dates of services, project locations, and associated costs.

3.15 WARRANTY AND SERVICE: The Contractor warrants any services provided shall be of the highest quality and shall comply with the requirements as specified. Any defective services shall be immediately corrected at no cost to the County.

3.16 WORK SITE DAMAGES: All apparatus, buildings, grounds, appurtenances and furnishings (private or

County property), shall be protected by the Contractor form damages resulting from performance under the contract. Such damages shall be repairs and or replaced at the expense of the Contractor by methods approved by the County to restore damages to original condition. At no cost to the County, the Contractor shall promptly and thoroughly clean-up all spillage caused by the Contractor, in accordance with applicable EPA, OSHA, and VOSH specifications and requirements. Damages must be reported to the County the same day they occur. Failure to notify the County of damages may result in termination of the contract.

4. PRICING SCHEDULE

The Bidder agrees to provide services in compliance with the scope of work and terms & conditions of this IFB for the following:

Non Grinding Equipment Services Rate Per Hour

Track Loader with operator $ Dozer with operator $ Rubber-tire loader with operator $ Excavator with operator $ Articulated Dump Truck (30 yd) with operator $

Cost Per Hour Cost Per Cubic Yard Rate for Grinder with Operator and equipment to load grinder (grind and leave)

N/A

Rate for Grinder with Operator and hauling grinded material off-site (grind and remove) https://www.bls.gov/news.release/cpi.t04.htm

IFB 26-05-3340SH Page 15

Rate to load and haul off Yard Waste without grinding on site (material must be re-used or recycled)

Removal of oversized wood – Contractor will provide excavator, operator, and trucking to load and remove stumps and oversized wood that cannot be processed by the grinder

5. ATTACHMENTS

Attachment A - Vendor Data Sheet

Attachment B - Virginia State Corporation Commission Registration Information

Attachment C - Equipment List

IFB 26-05-3340SH Page 16

ATTACHMENT A

VENDOR DATA SHEET

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:

Title: Email:

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

Years Months

4. Vendor Information: eVA Vendor ID:

5. Indicate below a listing of at least three (3) recent accounts, either commercial or governmental, that your company is servicing, has serviced, or has provided similar goods/services. Include the length of service and the name, address and telephone number of the point of contact.

Company: Contact:

Phone: EMail:

Project:

Dates of Service: $ Value:

IFB 26-05-3340SH Page 17

ATTACHMENT B

STATE CORPORATION COMMISSION FORM

Virginia State Corporation Commission Registration Information - The bidder:

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

-OR-

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

-OR-

� is an out-of-state…