834976stoneRock.pdf

INVITATION TO BID #26-0722-01

Stone for Landfill

This procurement is governed by the Virginia Public Procurement Act and all terms and conditions of the Act are hereby adopted and are made a part of this notice.

Contact Information:

Rebecca Guthrie Director of Finance

20 E. Gay Street Harrisonburg, VA 22802

(540) 564-3010 rguthrie@rockinghamcountyva.gov

C O U N T Y o f R O C K I N G H A M

Invitation to Bid

20 E. Gay Street

Harrisonburg, VA 22802 mailto:rguthrie@rockinghamcountyva.gov

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Table of Contents

1.0 PURPOSE

2.0 BACKGROUND

3.0 SCOPE OF WORK

4.0 BID PREPARATION AND SUBMISSION

5.0 EVALUATION AND CONTRACT AWARD

6.0 GENERAL TERMS AND CONDITIONS

6.1 APPLICABLE LAWS

6.2 CONTRACTOR’S INSURANCE

6.3 ANTI-DISCRIMINATION

6.4 AMERICANS WITH DISABILITIES ACT COMPLIANCE

6.5 NONVISUAL ACCESS TO TECHNOLOGY

6.6 ETHICS IN PUBLIC CONTRACTING

6.7 IMMIGRATION REFORM AND CONTROL ACT OF 1986

6.8 ANTITRUST

6.9 CLARIFICATION OF TERMS

6.10 PAYMENT

6.11 QUALIFICATIONS OF BIDDERS

6.12 TESTING AND INSPECTION

6.13 CHANGES TO THE CONTRACT

6.14 DEFAULT

6.15 TAXES

6.16 DRUG FREE WORKPLACE

6.17 NONDISCRIMINATION OF CONTRACTORS

6.18 AUDIT

6.19 NON-APPROPRIATION

6.20 COOPERATIVE PURCHASING/USE OF CONTRACT BY THIRD PARTIES

6.21 CONTRACT DOCUMENTS

6.22 LAWS AND REGULATIONS

6.23 PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

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6.24 PREPARATION AND SUBMISSION OF BIDS

6.25 WITHDRAWAL OR MODIFICATION OF BIDS

6.26 RECEIPT AND OPENING OF BIDS

6.27 PROPRIETARY INFORMATION

6.28 BID ACCEPTANCE PERIOD

6.29 TERMINATION BY OWNER FOR CONVENIENCE

6.30 DEBARMENT STATUS

7.0 SIGNATURE SHEET – ITB #26-0722-01

8.0 BID FORM – ITB #26-0722-01

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1.0 PURPOSE

The purpose of this Invitation to Bid (ITB) is to request formal competitive sealed bids through the Invitation to Bid process to establish a contract for the purchase of stone and gravel products for the Rockingham County Landfill on an as needed basis.

2.0 BACKGROUND

Rockingham County is located in the center of the beautiful Shenandoah Valley of Virginia. Nestled between the Blue Ridge Mountains on the east and the Alleghenies on the west, the County is located along the Interstate 81 corridor and only a two-hour drive to Washington, DC. Rockingham County is the third largest county in Virginia and encompasses the Harrisonburg-Rockingham metropolitan area.

Rockingham County uses a variety of stone materials for road maintenance, erosion control, and other improvements at the landfill.

3.0 SCOPE OF WORK

Rockingham County is looking for stone prices for the following materials:

¼” DUST

½” Crush & Run 21A & 21B 57’s A1 Surge 3” (2X1) Rip Rap (Class 1)

All stone deliveries are to be hauled to the County Landfill at 813 Greendale Road, Harrisonburg, Virginia

22801 where onsite staff will direct drivers to appropriate dumping area(s). Bidders shall list the physical address of the quarry supplying the material on the bid form page. Haul distance (loaded miles) from the quarry to 813 Greendale Road, Harrisonburg, Virginia 22801 will be calculated by the County, using the shortest publicly accessible route. Total hauling cost will be calculated by the County based on the bidder’s quoted hauling rate (per ton per loaded mile) and the calculated haul distance.

All materials shall conform to the Virginia Department of Transportation (VDOT), 2020 Road and Bridge Specifications or latest revision: Division II- Materials.

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The contractor shall deliver material to the specified County location(s) within 24 hours after request.

Emergency deliveries shall be made as soon as possible, within four (4) hours after notification from the County.

The initial contract will be from September 1, 2026, through August 31, 2027. The County will have the option to renew the contract for an additional two (2) one-year terms. The bidder agrees that the stated prices in the bid will remain firm for 365 days. If the price is increased after 365 days, the price may only be increased upon approval of a written request to the County. Upon receipt of the bidder’s request, the County shall make a determination to approve or adjust the requested price increase. The request must be sent 30 days prior to the end of the contract period.

4.0 BID PREPARATION AND SUBMISSION

Bidders are required to submit the following items as a complete bid:

1. The completed signature sheet (see 7.0 Signature Sheet).

2. The completed bid form (see 8.0 Bid Form).

Bids shall be submitted in a sealed envelope, clearly marked “ITB-# 26-0722-01 Stone for Landfill” no later than 2:30p.m., local time, Friday, August 14, 2026, to:

Rockingham County Finance Department Attention: Rebecca Guthrie 20 East Gay Street Harrisonburg, VA 22802

Electronic submissions can also be submitted through the County’s website or using the following link https://va-rockinghamcounty2.civicplus.com/FormCenter/Email-Forms-13/Procurement-200.

It is the responsibility of the bidder to ensure that their bid reaches the appropriate office prior to the date and time of closing.

All costs of proposal preparation and presentation shall be borne by each bidder. The County is not liable for any cost incurred by the bidder prior to issuance of a contract.

Rockingham County reserves the right to reject, on arrival at destination or at delivery, any vehicle which does not conform with the specifications of this ITB. Equipment offered below the listed specifications will be considered unacceptable.

5.0 EVALUATION AND CONTRACT AWARD

Bids will be opened at the time and place stated in the Invitation to Bid or as modified by subsequent

Addenda, and their contents publicly announced. The Purchasing Agent shall decide when the specified https://va-rockinghamcounty2.civicplus.com/FormCenter/Email-Forms-13/Procurement-200

6 | P a g e time for bid opening has arrived. No responsibility will be attached to any officer or agent for the premature opening of a bid not properly addressed and identified. The provisions of §2.2-4342 of the Code of Virginia shall be applicable to the inspections of bids received.

The Contract, if awarded, will be awarded to the lowest responsive and responsible bidder, if any, provided his bid is reasonable and it is in the best interest of the County to accept it and subject to the

County’s right to reject any and all bids and to waive informality in the bids and in the bidding.

Determination of the lowest responsible bidder, if any, will be based on the total bid amount entered on the Bid Form. Where the sum of the values entered in the multiple parts do not agree with the total bid amount, the total bid amount entered on the Bid Form, including any properly submitted bid modifications, shall take precedence. In the event that the total bid from the lowest responsible bidder exceeds available funds, the County may negotiate the total bid amount with the apparent low bidder to obtain a contract price within available funds, pursuant to §2.2-4318 of the Code of Virginia.

In the case of a tie bid, the County may give preference to goods, services, and construction produced in the County or provided by persons, firms or corporations having principal places of business in the County.

If such choice is not available, preference shall then be given to goods and services produced in the

Commonwealth pursuant to Section 2.2-4324 of the Code of Virginia. If no County or Commonwealth choice is available, the tie shall be decided by lot.

The Notice of Award will be posted on the County website after the Board awards the contract. Any bidder who desires to protest the award or decision to award a contract shall submit the protest in writing to the

Rockingham County Purchasing Agent no later than ten days after the award date of the Board of

Supervisors or date of the Notice of Award, whichever comes first (§ 2.2-4360).

The County reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award. The County at its discretion may enter into an agreement with multiple bidders.

6.0 GENERAL TERMS AND CONDITIONS

6.1 APPLICABLE LAWS

This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the County. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). The contractor shall comply with all applicable federal, state, and local laws, rules, and regulations.

6.2 CONTRACTOR’S INSURANCE

By signing and submitting a proposal under this solicitation, the bidder certifies that if awarded the contract, it will purchase and maintain, at its sole expense, and from a company or companies authorized

7 | P a g e to do business within the Commonwealth of Virginia, insurance policies containing the following types of coverages and minimum limits, protecting from claims which may arise out of or result from the Bidder’s performance or non-performance of services under this Contract, or the performance or non-performance of services under this Contract by anyone directly or indirectly employed by the Bidder or for whose acts it may be liable:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Businesses who hire subcontractors who will perform the same trade or are hired to fulfill contract requirements must include the subcontractor’s employees when determining the total number of employees for workers compensation. A waiver of subrogation in favor of the County of Rockingham and its officers, employees, agents, and volunteers must be endorsed on the workers compensation policy. Contractors who fail to notify the County of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract. This policy shall specifically list Virginia as a covered state.

2. Employer’s Liability - $1,000,000 each accident/$1,000,000 each disease-policy limit/ $1,000,000 each disease each employee. This policy shall specifically list Virginia as a covered state.

3. Commercial General Liability - $1,000,000 per occurrence/$2,000,000 aggregate limit, and a per project aggregate limit of $2,000,000. CGL form CG 2010 11/85 edition or its equivalent is required to be endorsed to the commercial general liability policy. Commercial General Liability is to include bodily injury and property damage, personal injury, advertising injury, contractual liability, and premises, operations and products and completed operations coverage. The County of Rockingham and its officers, employees’ agents and volunteers must be named as additional insureds and be so endorsed on the policy on a primary and non- contributory basis. CG 20 01 04 13 or its equivalent is required to be endorsed to the commercial general liability policy. A waiver of subrogation in favor of Rockingham County Government is required on the commercial general liability policy.

4. Automobile Liability - $1,000,000 per accident. Coverage is to include hired, owned, non-owned, temporary, and leased vehicles. An additional insured endorsement in favor of the County of Rockingham and its officers, employees, agents and volunteers is required on the Commercial auto policy on a primary and non-contributory basis. CA 04 49 11 16 or its equivalent is required to be endorsed to the commercial auto policy. A waiver of subrogation naming the County of Rockingham and its officers, employees, agents and volunteers is also required on the commercial auto policy.

5. Umbrella Liability Coverage - minimum coverage of $1,000,000 or greater; must be follow form and go over the underlying general liability, commercial auto and employer’s liability policies. The County of Rockingham and its officers, employees, agents and volunteers must be named as additional insureds and be so endorsed on the umbrella policy on a primary and non-contributory basis. A waiver of subrogation naming the County of Rockingham and its officers, employees, agents and volunteers is also required on the umbrella policy.

6. Professional (E&O) Liability Insurance - of an amount not less than $1,000,000.

All insurance coverage:

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1. shall be issued by an insurance carrier authorized to do business within the Commonwealth of Virginia and rated A – VIII or better, by A. M. Best Company or equivalent rating from an alternate recognized ratings agency, and otherwise acceptable to the County;

2. shall be kept in force throughout performance of services;

3. shall be an occurrence-based policy; professional liability may be claims made basis;

4. shall include completed operations coverage;

5. shall contain a cross liability or severability of interest clause or endorsement. Insurance covering the specified additional insured shall be primary and non-contributory, and all other insurance carried by the additional insureds shall be excess insurance;

6. where additional insured required, such policy shall not have a restriction on the limits of coverage provided to the County as an additional insured. The County shall be entitled to protection up to the full limits of the bidders’ policy regardless of the minimum requirements specified in the Contract.

Proof of Insurance: Prior to performance of any services or delivery of goods, the Bidder shall (i) have all required insurance coverage in effect; (ii) deliver to the County certificates of insurance for all lines of coverage (the Bidder shall be responsible that such coverage evidenced thereby shall not be substantially modified or canceled without 30 days prior written notice to the County); and (iii) deliver to the County endorsements to the policies which require the County and its officials, officers, employees, agents and volunteers be named as “additional insured.” Policies which require this endorsement include:

Commercial General Liability, Automobile Liability, and umbrella or excess liability coverage as detailed below. Such endorsements must be approved by the County, and (iv) upon the request of the County, provide any other documentation satisfactory to the County in its sole discretion, evidencing the required insurance coverage, including but not limited to a copy of the insurance policy and evidence of payment of policy premiums. The Bidder shall require each of its subcontractors and suppliers to have coverage per the requirements herein in effect, prior to the performance of any services by such subcontractors and suppliers. Further, the Bidder shall ensure that all Required Insurance coverages of its subcontractors and suppliers is and remains in effect during performance of their services on the Project and certifies by commencement of the Work that this insurance and that of subcontractors is in effect and meets the requirements set forth herein. The County shall have no responsibility to verify compliance by the Bidder or its subcontractors and suppliers.

Effect of Insurance: Compliance with insurance requirements shall not relieve the Bidder of any responsibility to indemnify the County for any liability to the County, as specified in any other provision of this contract, and the County shall be entitled to pursue any remedy in law or equity if the Bidder fails to comply with the contractual provisions of this contract. Indemnity obligations specified elsewhere in this Contract shall not be negated or reduced by virtue of any insurance carrier's denial of insurance coverage for the occurrence or event which is the subject matter of the claim, or by any insurance carrier’s refusal to defend any named insured.

Waiver of Subrogation: The Bidder agrees to release and discharge the County of and from all liability to the Bidder, and to anyone claiming by, through or under the Bidder, by subrogation or otherwise, on account of any loss or damage to tools, machinery, equipment, or other property, however caused.

Sovereign Immunity: Nothing contained herein shall effect, or shall be deemed to affect, a waiver of the County’s sovereign immunity under law.

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Right to Revise or Reject: The County reserves the right, but not the obligation, to revise any insurance requirement not limited to limits, coverages, and endorsements, or reject any insurance policies which fail to meet the criteria stated herein. Additionally, the County reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally.

Umbrella or Excess Liability Coverage shall provide additional coverage limits over the underlying commercial general liability, commercial automobile, and employer’s liability insurance with the broadest coverage available between the umbrella or excess liability policy and the underlying policies. This insurance shall name the County and its officials, officers, and employees and agents as “additional insureds” by endorsement to the Umbrella or Excess Liability policy on a primary and non-contributory basis. Such policy shall not have a restriction on the limits of coverage provided to the County of Rockingham as an additional insured. The County of Rockingham shall be entitled to protection up to the full limits of the Bidder’s policy regardless of the minimum requirements specified in this contract.

Professional Liability Insurance: At its sole expense, and prior to commencing any activities under this Agreement, Bidder shall secure professional liability insurance, covering any damages caused by the negligent or wrongful acts or omissions of the Bidder, its employees and agents in the performance of this Agreement, with coverage in an amount not less than $1,000,000 per claim/$2,000,000 aggregate (“Required Insurance”). Bidder shall maintain the Required Insurance in effect throughout the Term of this Agreement and for a period of three (3) years following final acceptance of the Project by the County.

Upon execution of this Agreement, Bidder shall provide the County with a certificate of insurance, or other written documentation satisfactory to the County in its sole discretion, issued by Bidder’s insurance company(ies), confirming the Required Insurance and the beginning and ending date(s) of Contractor’s policy(ies). Upon receipt of any notice, verbal or written, that the Required Insurance is subject to cancellation, Bidder shall immediately (within one business day) notify the County. Bidder’s failure to comply with any of the requirements of this Section shall constitute a material breach of this Agreement entitling the County to terminate this Agreement without notice to Bidder and without penalty to the County.

6.3 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 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 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment

10 | P a g e 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.

b. 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.

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

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

6.4 AMERICANS WITH DISABILITIES ACT COMPLIANCE

Information and Communications Technology (ICT) is defined as “any website, application, or other product or service primarily intended to fulfill or enable the function of information processing and communication by electronic means, including transmission and display via the Internet” (Code of Virginia §2.2-3501). All ICT procured through this bidding process must meet the applicable accessibility standards of Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended and is viewable at http://www.section508.gov. ICT must be compliant with guidelines referenced in Code of Virginia § 2.2-3500 - § 2.2-3504.

1. Suppliers must certify compliance with WCAG 2.1 Level A or Level AA by providing an

Accessibility Conformance Report (ACR) or Voluntary Product Accessibility Template (VPAT). If not in compliance, the supplier must provide at supplier-expense a “completed accessibility conformance report indicating the level of conformance with accessibility.” Areas of non-conformance require supplier submit a completed Vendor Accessibility Roadmap outlining non-compliant areas and providing timeline for compliance. (Code of Virginia §2.2-3503).

2. Non-accessible ICT may be considered if the product does not preclude individuals with disabilities from the benefit(s) of any program, service or activity provided (Code of Virginia §2.2-

3503).

3. Submission of bids to include ACR or VPAT or other documents as above is necessary to show compliance with Code of Virginia §§2.2-3500-3504, 29 USC §794d (Electronic and information technology), 47 USC §255 (Access by individuals with disabilities), and 28 CFR §35.200

(Requirements for web and mobile accessibility).

6.5 NONVISUAL ACCESS TO TECHNOLOGY

All information technology (the “Technology”) which is purchased or upgraded by the VCCS will comply with the following nonvisual access standards from the date of purchase or upgrade until the expiration of the contract:

1. Effective, interactive control and use of the Technology shall be readily achievable by nonvisual means.

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2. Technology equipped for nonvisual access shall be compatible with information technology used by other individuals with whom any blind or visually impaired user of the Technology interacts.

3. Nonvisual access technology shall be integrated into any networks used to share communications among employees, program participants or the public; and

4. Technology for nonvisual access shall have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

5. Installation of hardware, software, or peripheral devices used for nonvisual access is not required when the Technology is being used exclusively by individuals who are not blind or visually impaired, but applications programs and underlying operating systems (including the format of the data) used for the manipulation and presentation of information shall permit the installation and effective use of nonvisual access software and peripheral devices.

These terms are intended to comply with the Information Technology Access Act, §§ 2.2-3500 through 2.2-3504 of the Code of Virginia.

In addition, the contract will include the following Information Technology Terms and Conditions:

1. Sensitive Information. In instances where any contract, purchase order, or Scope of Work is for the provision of Public Cloud Services where VCCS sensitive data may be exchanged, Contractor shall provide an independently certified System and Organization Controls (SOC) 2 Type 2 Audit Report or a SOC Cybersecurity Report or equivalent certification for all parties to the contract and annual updates during the term of the contract.

2. Issue Notification: If either party detects any AI-related issues, including data breaches, inaccurate, biased, or unrepresentative outputs, they must promptly notify the other party within 24 hours, providing a detailed description and immediate mitigation steps. Both parties will collaborate on a remediation plan, with the customer having the right to suspend AI use until the issue is resolved. If unresolved within 30 days, the customer may terminate the agreement without penalty. Both parties agree to act diligently and bear their own costs for issue resolution.

6.6 ETHICS IN PUBLIC CONTRACTING

The provisions, requirements and prohibitions as contained in Chapter 43, Article 6, §2.2-4367 et seq, Code of Virginia, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this project.

6.7 IMMIGRATION REFORM AND CONTROL ACT OF 1986

By submitting their bids, bidders certify that they do not and will not during the performance of this contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens.

6.8 ANTITRUST

By entering into a contract, the contractor conveys, sells, assigns, and transfers to Rockingham all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust

12 | P a g e laws of the United States and Rockingham County, relating to the particular goods or services purchased or acquired by Rockingham under said contract.

6.9 CLARIFICATION OF TERMS

If any prospective bidder has questions about any specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

6.10PAYMENT

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 state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

In any contract for construction which provides for progress payments in installments based upon an estimated percentage of completion, the contractor shall be paid at least ninety-five (95) percent of the earned sum when payment is due, with not more than five (5) percent being retained to assure faithful performance of the contract. All amounts withheld may be included in the final payment.

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.

All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

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 an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

6.11 QUALIFICATIONS OF BIDDERS

The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to furnish the goods and the bidder shall furnish to the County

13 | P a g e 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.

6.12 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.

6.13 CHANGES TO THE CONTRACT

Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The County may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the County a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the County’s right to audit the contractor’s records and/or to determine the correct number of units independently.

6.14 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 procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

6.15 TAXES

Sales to the County are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. Sales tax, however, is paid by Rockingham County on materials and supplies that are installed by a contractor and become a part of real property. Contractors are not exempt from paying taxes on these categories, as they are considered to be a cost of doing business and

14 | P a g e should be considered in pricing when preparing a bid. The County’s excise tax exemption registration number is 54-6001528.

6.16 DRUG FREE WORKPLACE

Bidders are reminded that §2.2-4312 of the Code of Virginia requires that, during the performance of the contract resulting from this solicitation, 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 any controlled substance or marijuana during the performance of the contract.

6.17 NONDISCRIMINATION OF CONTRACTORS

A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest.

6.18 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 Rockingham County, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

6.19 NON-APPROPRIATION

Funding for any contract between the County and a selected firm is dependent at all times upon the appropriation of funds by the County Board of Supervisors. In the event that funding to support this contract is not appropriated, whether in whole or in part, then the contract may be terminated by the County effective the last day for which appropriated funding is available.

6.20 COOPERATIVE PURCHASING/USE OF CONTRACT BY THIRD

PARTIES

It is the intent of this ITB and any resulting contract to allow for cooperative procurement. Accordingly, any public body (to include government/state agencies, political subdivisions, etc.), may access the contract if authorized by the selected firm(s).

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Participation in this cooperative procurement is strictly voluntary. If authorized by the selected firm(s), the contract may be extended to the entities indicated above to purchase goods and services in accordance with the contract. As a separate contractual relationship, the participating entity will place its own orders with the selected firm(s) and will fully and independently administer its use of the contract to include contractual disputes, invoicing, and payments without direct administration from the County. No modification of the contract or execution of a separate agreement is required to participate; however, the participating entity and the selected firm(s) may modify the terms and conditions of the contract to accommodate specific governing laws, regulations, polices, and business goals required by the participating entity. Any such modification will apply solely between the participating entity and the selected firm(s). It is understood and agreed that the County is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract no matter the circumstances.

Use of the contract does not preclude any participating entity from using other agreements or competitive processes as needed.

6.21 CONTRACT DOCUMENTS

The contract entered into by the parties shall consist of the Invitation to Bid; the bid submitted by the vendor; General Terms and Conditions; the Special Terms and Conditions; the specifications and drawings, if any; and all modifications and addenda to the foregoing documents, all of which shall be referred to collectively as the contract documents.

All time limits stated in the contract documents, including but not limited to the time for completion of the work, are of the essence of the contract.

Anything called for by one of the contract documents and not called for by the others shall be of like effect as if required or called for by all, except that a provision clearly designed to negate or alter a provision contained in one or more of the other contract documents shall have the intended effect.

6.22 LAWS AND REGULATIONS

The contractor shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work and shall give all notices required thereby.

This contract and all other contracts and subcontracts are subject to the provisions of Articles 3 and 5, Chapter 4, Title 40.1, Code of Virginia, relating to labor unions and the “right to work.” The contractor and its subcontractors, whether residents or nonresidents of the Commonwealth of Virginia, who perform any work related to the project shall comply with all of the said provisions.

The provisions of all rules and regulations governing safety as adopted by the Safety Codes Commission of the Commonwealth of Virginia and as 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 Inspectors from the Department of Labor and Industry shall be granted access to the work for inspection without first obtaining a search warrant from the court.

Bidder represents that he possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of the contract prior to the initiation of work. All bids submitted shall have included in their price the cost of any business and professional licenses, permits, or fees required by Rockingham County or the Commonwealth of Virginia.

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6.23 PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

A bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid the identification number issued to it by the Virginia State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its bid a statement describing why the bidder is not required to be so authorized.

6.24 PREPARATION AND SUBMISSION OF BIDS

Bids must give the full business address of the bidder and be signed by him/her with his/her usual signature.

The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to the signature the word “President,” “Secretary,” “Agent” or other designation without disclosing the principal, may be held to be the bid of the individual signing. When requested by the County, satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished.

6.25 WITHDRAWAL OR MODIFICATION OF BIDS

Bids may be withdrawn or modified by written notice received from bidders prior to the deadline fixed for bid receipt. The withdrawal or modification may be made by the person signing the bid or by an individual(s) who is authorized by him/her on the face of the bid. Written modifications may be made on a separate document. Written modifications, whether the original is delivered, or transmitted by facsimile, must be signed by the person making the modification or withdrawal.

6.26 RECEIPT AND OPENING OF BIDS

It is the responsibility of the bidder to assure that his/her bid is delivered to the place designated for receipt of bids and prior to the time set for receipt. Bids received after the time designated for receipt of bids will not be considered.

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

6.27 PROPRIETARY INFORMATION

Section 2.2-4342-F of the Code of Virginia states that trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (2.2-3700 et seq.); however, the bidder, offeror, or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.

6.28 BID ACCEPTANCE PERIOD

Any bid in response to this solicitation shall be valid for (60) days. At the end of the (60) 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.

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6.29 TERMINATION BY OWNER FOR CONVENIENCE

The County may terminate this contract at any time without cause, in whole or in part, upon giving the contractor notice of such termination. Upon such termination, the contractor shall immediately cease work and remove from the project site all of its labor forces and such of its materials as County elects not to purchase or to assume in the manner hereinafter provided. Upon such termination, the contractor shall take such steps as County may require to assign to the County the contractor’s interest in all subcontracts and purchase orders designated by County. After all such steps have been taken to County’s satisfaction, the contractor shall receive as full compensation for termination and assignment the following:

1. All amounts then otherwise due under the terms of this contract.

2. Amounts due for work performed subsequent to the latest request for payment through the date of termination.

3. Reasonable compensation for the actual cost of demobilization incurred by the contractor as a direct result of such termination. The contractor shall not be entitled to any compensation for lost profits or for any other type of contractual compensation or damage other than those provided by the preceding sentence. Upon payment of the forgoing, the County shall have no further obligations to the contractor of any nature.

In no event shall termination for the convenience of the owner terminate the obligations of the contractor’s surety on its payment and performance bonds.

6.30 DEBARMENT STATUS

By submitting their proposals, offerors certify that they are not currently debarred by the federal government, the Commonwealth of Virginia, or any local government or public authority, 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.

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7.0 SIGNATURE SHEET – ITB #26-0722-01

My signature certifies that the bid as submitted complies with all Terms and Conditions as set forth in this Invitation to Bid, and that this firm/individual is properly licensed to provide the goods/services specified.

My signature further certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same material, supplies or equipment, and is in all respects fair and without collusion or fraud. I understand collusion is a violation of Virginia Governmental Fraud Act and Federal Law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid and certify that I am authorizing to sign this bid for the bidder.

Parts of the terms and conditions that my company cannot meet are indicated on an attached page, if applicable.

Legal Name of Firm: ___________________________________

Address: _________________________________________

Telephone Number: _________________

Federal Tax ID Number: _________________

Virginia SCC ID Number: ________________

Signature: ________________________________________

Name (Type and Print): ______________________________

Official Title: _______________________________________

Date: _____________

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Stone for Landfill

Company Name: _____________________________________________Date:_______________

Address: ___________________________________________________________________________

Contact Name: _____________________________Email:____________________________________

Phone: ________________________ Fax: ____________________________

Instructions for table completion:

Stone price shall be provided as the price per ton to furnish stone.

Hauling cost shall be provided as the price per ton per loaded mile for delivery to 813 Greendale

Road, Harrisonburg, VA 22801.

The County will calculate the total price per ton (Stone + Hauling) based on the stone/quarry location listed below.

Material UOM Stone Price

(Per Ton)

Hauling Charge (Per

Ton Per Loaded

Mile)

Total Price Per Ton (Stone + Hauling)

*To be calculated by the County

**Minimum Delivery

Yes or NO

1. ¼” Dust Ton

2. ½ Crush & Run

Ton

3. 21A & 21B Ton

4. 57’s Ton

5. 26 Ton

6. A1 Ton

7. Surge Ton

8. 3” (2X1) Ton

9. Rip Rap (Class 1)

Ton

** For minimum delivery, if applicable, please specify quantity & charge

Stone/Quarry Location Address: ____________________________________________________________

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Quantities For Reference Material Purchased Quantities FY25 (UOM Tons)

¼” DUST 44.06

½” Crush & Run 0

21A & 21B 531.34

57’s 583.98

26 0

A1 0

SURGE 9279.82

3” 0

Rip Rap (Class 1) 0

The quantities specified in this Contract are estimated only. They may not indicate the actual quantity which will be ordered, since such volume will depend upon needs which develop during the Contract period.

Quantities shown shall not be construed to represent any amount which the County shall be obligated to purchase under the Contract or relieve the Contractor of its obligations to fill all orders placed by the

County.