834984landRock.pdf

REQUEST FOR QUALIFICATIONS #26-0723-01

Landfill Methane Capture and Utilization Project

Request for Qualifications

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

COUNTY of ROCKINGHAM Request for Qualifications

20 E. Gay Street

Harrisonburg, VA 22801

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Table of Contents

1.0 PURPOSE

2.0 BACKGROUND

3.0 QUALIFICATIONS

4.0 LETTER OF SUBMITTAL

5.0 EVALUATION CRITERIA

6.0 SCHEDULE

7.0 POINTS OF CONTACT

8.0 AWARD CRITERIA AND CONTRACT TERM

9.0 REPORTING AND DELIVERY INSTRUCTIONS

10.0 GENERAL TERMS AND CONDITIONS

10.1 APPLICABLE LAWS

10.2 ANTI-DISCRIMNATION – EQUAL EMPLOYMENT OPPORTUNITY

10.3 DAVIS-BACON COMPLIANCE

10.4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

10.5 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

10.6 ETHICS IN PUBLIC CONTRACTING

10.7 IMMIGRATION REFORM AND CONTROL ACT OF 1986

10.8 ANTITRUST

10.9 CLARIFICATION OF TERMS

10.10 PAYMENT

10.11 HOLD HARMLESS AND INDEMNIFICATION

10.12 QUALIFICATIONS OF OFFERORS

10.13 TESTING AND INSPECTION

10.14 CHANGES TO THE CONTRACT

10.15 INSURANCE

10.16 DRUG FREE WORKPLACE

10.17 NONDISCRIMINATION OF CONTRACTORS

10.18 AUDIT

10.19 NON-APPROPRIATION

10.20 LAWS AND REGULATIONS

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10.21 PREPARATION AND SUBMISSION OF PROPOSALS

10.22 WITHDRAWAL OR MODIFICATION OF PROPOSALS

10.23 RECEIPT AND OPENING OF PROPOSALS

10.24 PROPRIETARY INFORMATION

10.25 BID ACCEPTANCE PERIOD

10.26 TERMINATION BY THE COUNTY FOR CONVENIENCE

10.27 DEBARMENT STATUS

10.28 BYRD ANTI-LOBBYING AMENDMENT

10.29 PROCUREMENT OF RECOVERED MATERIALS

10.30 DOMESTIC PREFERENCES

10.31 BUILD AMERICA, BUY AMERICA (BABA) ACT

10.32 TRAINING, OPERATION, AND MAINTENANCE OF EQUIPMENT

11.0 SIGNATURE SHEET

12.0 APPENDIX

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1.0 PURPOSE

The County of Rockingham, (the County) a political subdivision of the State of Virginia is requesting qualifications from contractors authorized to do business in the State of Virginia, to serve as the Design- Builder and grant administer for the awarded Climate Pollution Reduction Grant (CPRG) from the Department of Environmental Quality. The work covered in the grant project plan will be located at the County’s Landfill at 813 Greendale Road, Harrisonburg, VA 22801.

The purpose of this RFQ is to solicit information that will enable the County to determine which Offerors:

(a) are best qualified to successfully execute the design and construction of the project in addition to grant administration and (b) will be invited to submit proposals in response to the County’s Request for Proposals (RFP).

2.0 BACKGROUND

Rockingham County is 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.

The Rockingham County Landfill is located at 813 Greendale Road, Harrisonburg, VA 22802. In March of 2026, The Department of Environmental Quality (DEQ) awarded the County with the CPRG Landfill Methane Capture and/or Utilization program. In May of 2026 the Quality Assurance Project Plan (QAPP) was completed in coordination with DEQ (See Appendix).

In order to achieve the requirements of the CPRG, the QAPP proposes expanding the County Landfill gas collection and control system (GCCS) into Phase 5 of the landfill that is currently not controlled. In addition, the Offerors would need to meet the required goals and schedules as stated in the QAPP (See Appendix).

3.0 QUALIFICATIONS

The management, design, construction, and administrative services will be performed as a single contract with one entity identified as the Team. Services will include all necessary tasks/activities to manage, design, construct, and administer the grant as planned in the QAPP. This includes but is not limited to: project planning, permits, fees, inspections, bonding, engineering, construction, reporting, and data collection to meet the requirements of the CPRG.

Applicants that best meet the qualification criteria listed below will be invited to respond to the County’s Request for Proposal for the Landfill Methane Capture and Utilization Project.

Qualifications Include:

a. The applicant shall be properly licensed to perform the required services.

b. The applicant shall have been in business as a general contractor with related construction experience for at least five years and shall not have been declared in default on any construction contract within that time.

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c. Include a letter from a surety or insurance company (with a Best’s Financial Strength Rating of A or better and Financial Size Category VII or higher by A.M. Best Co.) stating that the Applicant is capable of obtaining a performance and payment bond for the proposed project.

d. Include a letter from the Applicant’s Insurance provider on that provider’s letterhead, which indicates that should the Applicant be awarded for this project that they will provide insurance coverage (Comprehensive General Liability, Builder’s Risk, Automobile, Boiler & Machinery).

e. The applicant must be able to demonstrate their ability and detail their background and experience with constructing landfill gas collection systems, preferably with local governments, as well as complying with federal regulations as indicated in the Appendix.

a. Detail to include:

1. Detailed description of the applicant’s abilities to construct landfill gas collection systems.

2. A description of the management system, scheduling techniques, and reporting that will be employed to ensure that this project is constructed on schedule and reported on to meet grant requirements.

3. Personnel assigned to job:

A. Project Manager B. Superintendent C. Quality Control Manager

f. The applicant must be able to provide three professional references.

4.0 LETTER OF SUBMITTAL

Send one original and three copies of the clearly marked letter of submittal “RFQ #26-0723-01 Landfill

Methane Capture and Utilization Project Request for Qualifications” no later than August 24, 2026 at

2:30pm to County of Rockingham, 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. However, if a proposal is electronically submitted, paper and digital copies will still be required to be submitted to the Finance Office by the deadline in the same manner as noted above.

The County Administrator will appoint an Evaluation Committee. The Committee will evaluate the

Qualifications based on the criteria contained in this RFQ and develop a bidder’s list. Once the list of bidders is developed, the County will issue the Design-Build RFP.

The letter of submittal shall address the items included in the Purpose, Scope of Services, and the

Evaluation Criteria. Responses should be as thorough and detailed as possible so that the County may properly evaluate capabilities to provide the required services. Applicants are required to submit the following items as a complete letter of submittal:

Section 1: Applicants should provide a cover letter acknowledging that the Applicant has read and understands all contents of the RFQ, Grant QAPP, addenda and takes no exception to the materials

6 | P a g e provided. The cover letter should be signed by a person who has full authority to bind the Applicant to all terms and conditions of the response.

Section 2: Company History: The applicant will briefly describe its company history and history of performing work as described herein. Give a brief overview of the approach and initial vision of the Project and diversity on the team.

Section 3: Written Narrative: Each applicant must provide a written narrative that discusses their background and experience with constructing landfill gas collection systems and federal grant administration.

Include a list of and background information for all key members of the development team. Include identification and qualifications of each member of the development team and for all persons or entities that will engage in the Project.

• Identify the full legal name of the development, design, and other firms or individuals who comprise the Applicant for the purposes of responding to this RFQ.

• Identify the Applicant’s type of corporate entity and identify the team members who will undertake financial responsibility for the Project.

• A summary of the availability of each of the principal members of each firm and their availability to commit to the Project.

• Resumes for all key personnel

• For Applicants comprised of multiple firms, describe experience of the firms and key personnel successfully working together to deliver relevant development projects.

• For each firm, provide at least three (3), and no more than five (5), examples of projects completed within the last five years that demonstrate relevant construction experience.

• For each example, include date and location of work, client, relevance to this solicitation, and a description of how the project met schedule and budget expectations.

• Previous community engagement experience should be identified, including any relationships with governmental entities or community organizations on similar projects.

• Provide three (3) business references familiar with the submitting firms and their work on projects described in this section of your submission. For each reference include a contact name, company, phone, email, and the types of services provided.

• The applicant must provide proof of insurance, bonding and licensing requirements as stated in the list of qualifications.

Section 4: Signed signature sheet located at the end of this document.

5.0 EVALUATION CRITERIA

Letters of Submittal received will be evaluated and ranked in the order of the applicants most likely to meet the needs of the County and satisfy the requirements described in this RFQ.

A. The ability to provide license, bonding, and insurance documentation (15)

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B. The ability, capacity, and skill of the applicant to provide the services within the time specified (15)

C. Experience and qualification of personnel assigned to perform the services (20) D. Past involvement with similar projects in the Commonwealth of Virginia (20) E. References (15) F. Overall quality, clarity, and completeness of the letter of submittal (15)

The evaluation of the Letter of Submittal shall result in a short list of at least two (2) Offerors to receive the Design-Build RFP from the County. An applicant may be denied prequalification only as specified under § 2.2-4317 or those capabilities or qualifications beyond licensure set out in the RFQ, but the short list shall consist of those deemed best qualified. It is possible for an Offeror to be found qualified, but not be selected to the short list.

Once on the short list, the Offeror will be provided with the Design-Building RFP and given no less than 30 days to prepare a submission to the County.

6.0 SCHEDULE

Release of RFQ July 23, 2026

RFQ Due Date August 24, 2026

Shortlist taken to BOS August 26, 2026

RFP Issued to Shortlisted Teams August 28, 2026

Proposals Due – at least 30 days September 28, 2026

RFP Interviews September 30, 2026

RFP Decision October 7, 2026

7.0 POINTS OF CONTACT

Philip Rhodes Logan Borror Director of Public Works Deputy Director of Public Works prhodes@rockinghamcountyva.gov lborror@rockinghamcountyva.gov Phone (540) 564-3024 Phone (540) 564-3020

8.0 AWARD CRITERIA AND CONTRACT TERM

The County will issue a letter of pre-qualification to up to three applicants that qualify according to the criteria outlined above.

9.0 REPORTING AND DELIVERY INSTRUCTIONS

Letters of submittal shall be submitted in a sealed envelope, clearly marked “RFQ #26-0723-01 Landfill Methane Capture and Utilization Project Request for Qualifications” no later than August 24, 2026, at 2:30pm to:

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

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Questions and answers will be posted on the County’s website.

It is the responsibility of the applicant to ensure that their letter of submittal reaches the appropriate office prior to the date and time of closing. Late bids will not be accepted.

10.0 GENERAL TERMS AND CONDITIONS

10.1 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 state or federal court of appropriate jurisdiction located in the City of Harrisonburg, Virginia. The applicant shall comply with all applicable federal, state and local laws, rules and regulations.

10.2 ANTI‐DISCRIMNATION – EQUAL EMPLOYMENT OPPORTUNITY

By submitting their proposals, Offerors 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 a. and b. below apply:

a) During the performance of this contract, the applicant agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

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3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive

Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

b) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41

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CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

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, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and

11 | P a g e the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in

Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive

Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the

Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D

12 | P a g e of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

10.3 DAVIS‐BACON COMPLIANCE

a) Applicability (40 U.S.C. § 3141 – 3144, 3146 – 3147; 18 U.S.C. § 874; 40 U.S.C. § 3145; and 29 C.F.R.

Part 3) This project is funded in whole or in part by an EPA financial assistance agreement and is subject to the Davis-Bacon and Related Acts (DBRA) (40 U.S.C. 3141-3148) as supplemented by Department of Labor (DOL) regulations at 29 CFR Part 5. In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti- Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

b) Minimum Wages.

1. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

2. The contractor shall pay the higher of either the Federal Davis-Bacon Wage Determination or the applicable State Prevailing Wage Rate, if state laws also apply.

c) Certified Payrolls and Compliance.

The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [Insert Name of Funding/Subrecipient Agency]. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired, such as utilizing Department of Labor Form WH-347. Each weekly payroll submission must be accompanied by a "Statement of Compliance" signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract.

d) Withholding of Funds.

The County shall upon its own action or upon written request of an authorized representative of the Department of Labor or the Environmental Protection Agency withhold or cause to be withheld from the contractor under this contract so much of the accrued payments or advances as may be

13 | P a g e considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract.

e) Subcontracts and Flow-Down.

The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

10.4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work 5 done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

3. Withholding for unpaid wages and liquidated damages. The federal government or the loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

10.5 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

Clean Air Act

1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant

14 | P a g e to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 – 7671q;

2. The Contractor agrees to report each violation to the County of Rockingham (County) and understands and agrees that the County will, in turn, report each violation as required to assure notification to the federal awarding agency, and the appropriate Environmental Protection Agency Regional Office; and

3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal grant funds.

Federal Water Pollution Act

1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Act, as amended, 33 U.S.C. §§ 1251 – 1387;

2. The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the federal awarding agency, and the appropriate Environmental Protection Agency Regional Office; and

3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal grant funds.

10.6 ETHICS IN PUBLIC CONTRACTING

By submitting their proposals, Offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal), 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.

The Offeror shall identify any actual or potential conflicts of interest that exist, or which may arise if the offeror is recommended for award and propose how such conflicts might be resolved.

By their signature on the proposal documents submitted, each Offeror attests that their agents and employees, to the best of their knowledge and belief, have not in any way colluded with anyone for and on behalf of the offeror, or themselves, to obtain information that would give the Offeror an unfair advantage over others, nor have they colluded with anyone for and on behalf of the offeror, or itself, to gain any favoritism in the award of this Request for Proposal.

10.7 IMMIGRATION REFORM AND CONTROL ACT OF 1986

By submitting their proposals, Offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration

Reform and Control Act of 1986.

10.8 ANTITRUST

By entering into a contract, the contractor conveys, sells, assigns, and transfers to Rockingham County all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and Rockingham County, relating to the particular goods or services purchased or acquired by Rockingham County under said contract.

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10.9 CLARIFICATION OF TERMS

If a bidder has questions about any specifications or other solicitation documents, the Offeror should contact the County no later than ten working days before the due date. Any revisions to this RFP will be made only by an addendum issued by the County.

10.10 PAYMENT

Payment will be made upon completion of the project.

10.11 HOLD HARMLESS AND INDEMNIFICATION

The Contractor shall defend, indemnify and hold the County, and County’s employees, agents, and volunteers, harmless, from and against any and all damage claim, liability, cost, or expense (including, without limitation, reasonable attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the Contractor, its employees, agents, and volunteers, or incurred by or claimed against the County, County’s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the Contractor. This indemnification and hold harmless includes, but is not limited to, any financial or other loss, any adverse regulatory, agency or administrative sanctions or civil penalties incurred by the County due to the negligent, fraudulent or criminal acts of the Contractor or any of the Contractor’s officers, shareholders, employees, agents, contractors, subcontractors, or any other person or entity acting on behalf of the Contractor. Unless otherwise provided by law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor under worker’s compensation acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof.

The Contractor agrees to defend and save the County, its agents, officials, volunteers and employees, harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented or unpatented invention, goods and/or services or appliances furnished or used in the performance of the contract, or which the Contractor is not the patentee, assignee, or licensee, to the same extent as provided in the above paragraph.

10.12 QUALIFICATIONS OF OFFERORS

The County may make such reasonable investigations as deemed proper and necessary to determine the ability of Offerors to perform the services required. The Offeror shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities.

The County further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the County that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services contemplated.

10.13 TESTING AND INSPECTION

The County reserves the right to conduct any test or inspection it deems advisable to assure services conform to the RFQ.

10.14 CHANGES TO THE CONTRACT

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

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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 or to determine the correct number of units independently.

10.15 INSURANCE

By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia.

The Offeror further certifies that the contractor and any subcontractors will maintain this insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. 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.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. Rockingham County must be named as an additional insured and so endorsed on the policy.

4. Automobile Liability - $1,000,000 per occurrence. (Only used if motor vehicle is to be used in the contract.)

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10.16 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 any controlled substance or marijuana during the performance of the contract.

10.17 NONDISCRIMINATION OF CONTRACTORS

A Offeror, 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 Offeror 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.

10.18 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 state auditors shall have full access to and the right to examine any of said materials during said period.

10.19 NON‐APPROPRIATION

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

10.20 LAWS AND REGULATIONS

1. The applicant 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.

2. 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.

3. The provisions of all rules and regulations governing safety as adopted by the Safety Codes

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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.

4. All proposals 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.

10.21 PREPARATION AND SUBMISSION OF PROPOSALS

Proposals must give the full business address of the Offeror and be signed by an agent authorized to bind the Offeror. Proposals by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the general partners or any authorized representative, followed by the designation of the person signing. Proposals by corporations must be signed with the legal name of the corporation followed by the name of the State in which it is incorporated and by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A proposal by a person who affixes to the signature he word “President,” “Secretary,” “Agent” or other designation without disclosing the principal, may be held to be the proposal 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.

10.22 WITHDRAWAL OR MODIFICATION OF PROPOSALS

Proposals may be withdrawn or modified by written notice received from offerors prior to the deadline fixed for proposal receipt. The withdrawal or modification may be made by the person signing the proposal or by another individual who is duly authorized to bind the Offeror. 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.

10.23 RECEIPT AND OPENING OF PROPOSALS

1. It is the responsibility of each Offeror to assure that their proposal is delivered to the place designated for receipt of proposals and prior to the time set for receipt of proposals. Proposals received after the time designated for receipt of proposals will not be considered.

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

10.24 PROPRIETARY INFORMATION

Section 2.2-4342-F of the Code of Virginia states: Trade secrets or proprietary information submitted by a Offeror, 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 Offeror, 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.

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10.25 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 Offeror. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

10.26 TERMINATION BY THE COUNTY FOR CONVENIENCE

1. 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 owner elects not to purchase or to assume in the manner hereinafter provided.

Upon such termination, the contractor shall take such steps as owner may require to assign to the owner the contractor’s interest in all subcontracts and purchase orders designated by owner.

After all such steps have been…