840255sludgeshenad.pdf

Shenandoah County, Virginia 600 North Main Street, Suite 102

Woodstock, Virginia 22664

August 18, 2026

Invitation to Bid (ITB) for

Mobile Sludge Belt Filter Press Dewatering Services at the

North Fork Wastewater Treatment Plant (NFWWTP)

ITB Number: ITB 2026-001

Title: Mobile Sludge Belt Filter Press Dewatering Services at the North Fork Wastewater Treatment Plant

Issue Date: Tuesday, August 18, 2026

Bid Due Date: Tuesday, September 15, 2026 at 2:00 pm local prevailing time

All bids and inquiries for information shall be submitted in writing and be directed to:

Mandy R. Belyea, Deputy County Administrator 600 North Main Street, Suite 102

Woodstock, Virginia 22664 mbelyea@shenandoahcountyva.us www.shenandoahcountyva.gov mailto:mbelyea@shenandoahcountyva.us http://www.shenandoahcountyva.gov/

Shenandoah County ITB 2026-001, cont.

The County of Shenandoah (County) invites sealed bids from qualified firms (Bidders) to perform mobile sludge belt filter press dewatering services for the North Fork Wastewater Treatment Plant as fully described herein. Sealed bids will be received until Tuesday, September 15, 2026 and publicly opened and read at 2:05 pm local prevailing time on Tuesday, September 15, 2026 in Suite 100A of the Shenandoah County Government Center. Sealed bids may be delivered in person, by mail or courier service, or by email as noted on the first page of this ITB. Sealed bids received after the announced time and date for receipt will remain unopened. Bids must be prepared in complete conformance with all bid information and requirements, which is hereby incorporated into this ITB.

Failure to meet any standard set forth in this ITB may result in rejection of the bid.

A nonmandatory pre-bid meeting will be held on Wednesday, August 26, 2026 at 10:00 am at the North Fork Wastewater Treatment Plan located at 850 Aileen Road, Edinburg, Virginia 22824.

Following the on-site nonmandatory bid meeting, Bidders may also collect a sample of solids from the equalization basin and digester to perform any analysis or testing, as the Bidder deems necessary.

These samples shall only be taken from the edges of the equalization basin and digester. All costs associated with the collection and analysis of the samples shall be borne exclusively by the Bidder.

Unless a greater percentage is specified elsewhere in the contract documents, up to five (5) percent of any sum due may be retained by the County to assure faithful performance of the contract. All retainage will be paid to the contractor/manufacturer with the last payment.

Any bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the County determines not to accept any of the bids and to reopen the contract.

Prices quoted in bids must be held firm for thirty (30) days after the date set for the opening of the bid to allow the County time to process and award contract(s).

Please clearly mark your bid as ITB 2026-001 – Mobile Sludge Belt Filter Press Dewatering Services.

Anticipated Procurement Timeline

Task Date Non-Mandatory Pre-Bid Meeting +

Sample Collection North Fork Wastewater Treatment Plant

850 Aileen Road Edinburg, Virginia 22824

10:00 am on Wednesday, August 26, 2026

Responses to Questions + Requests for Information from Prospective Bidders from

Non-Mandatory Pre-Bid Meeting

Will be posted on the County website (Under this Invitation to Bid) on or before 5:00 pm prevailing time on Monday, August 31, 2026 Questions + Requests for Information from Prospective Bidders Must be received by 2:00 pm prevailing time on

Thursday, September 3, 2026

Responses to Questions + Requests for Information from Prospective Bidders

Will be posted on the County website (Under this Invitation to Bid) on or before 5:00 pm prevailing time on Tuesday, September 8, 2026

Receipt of Bids Must be received by 2:00 pm prevailing time on Tuesday, September 15, 2026

Public Opening of Bids 2:05 pm prevailing time on

Tuesday, September 15, 2026 Suite 100A

Notice of Intent to Award Contract with Successful Bidder

Anticipated by Friday, September 18, 2026

Addenda as well as updates regarding this procurement will be periodically made on our website:

www.shenandoahcountyva.gov/bids http://www.shenandoahcountyva.gov/bids

I. Background

Shenandoah County’s North Fork Wastewater Treatment Plant (NFWWTP) is located approximately midway between the Towns of Edinburg and Woodstock. Shenandoah County acquired the former Aileen Corporation Wastewater Treatment Plant in 1998. The NFWWTP is currently as a Class III facility and has a potential permitted capacity of 0.750 MGD and is currently operating at a permitted capacity of 0.100 MGD. The NFWWTP receives wastewater flows from the County’s landfill leachate collection system, domestic wastewater from the landfill office, Animal Shelter, and businesses along Landfill Road and Aileen Road, as well as biosolids from towns and Sanitary Districts within the County. The NFWWTP also receives septage from County residents by means of the Septage Handling facility located on the County’s landfill property.

II. Bid Specifications and Requirements

The County is seeking sealed bids for mobile sludge belt filter press dewatering services at its North Fork Wastewater Treatment Plant located at 850 Aileen Road in Edinburg, Virginia 22824. The successful Bidder shall be responsible for meeting or exceeding all the following bid specifications and requirements.

This project represents a second phase of dewatering efforts by the County. About two years ago the County, through contracted labor and equipment, removed 375 dry tons of sludge from the NFWWTP’s equalization basin. This second phase aims to continue sludge mitigation in both the equalization basin as well as the digester.

A. Project Overview and Background

The successful Bidder will mobilize self-contained equipment to the designated site, process liquid sludge through mechanical dewatering to produce semi-solid cake, and transport dewatered solids to the Shenandoah County Landfill located at 349 Landfill Road, Edinburg, Virginia 22824, approximately one mile from the NFWWTP. The project scope encompasses all equipment mobilization, operation, demobilization, and solids hauling services for the contract duration. The Shenandoah County Landfill (the designated disposal facility) will only accept up to 1,000 dry tons of solids for this project. This project will focus on the removal of solids from the equalization basin, which is 1.6 million gallons and the digester, which is 3.5 million gallons, both located at the North Fork Wastewater Treatment Plant at 850 Aileen Road in Edinburg, Virginia 22824.

B. Successful Bidder Responsibilities and Services

1. The successful Bidder shall provide comprehensive mobile dewatering services including all equipment, personnel, consumables, and ancillary support systems required for continuous operations. Specific responsibilities shall include:

a. Mobilize and demobilize complete self-contained mobile belt filter press unit including trailer-mounted equipment, feed pumps, polymer dosing systems, compressors, conveyors, control panels, and any storage tanks necessary for project completion.

b. Provide all operating personnel including certified equipment operators, maintenance technicians, and site supervisors with demonstrated experience in mobile sludge dewatering operations.

c. Supply all consumables including high-molecular-weight organic polymers for sludge conditioning, belt cleaning agents, and process chemicals required to achieve specified dewatering performance.

d. Conduct continuous dewatering operations during scheduled hours with real-time adjustments to polymer dosing, belt tension, and pressure parameters to maintain consistent cake solids content and solids capture rates.

e. Execute daily equipment maintenance including belt cleaning cycles, hydraulic system inspections, bearing lubrication, and preventive maintenance to ensure reliable continuous operation.

f. Transport and dispose of all dewatered sludge cake (18% dry solids content or higher) to the approved disposal facility, the Shenandoah County Landfill, with complete documentation including manifests, weight tickets, and disposal certifications.

g. Maintain all required operational records including daily processing volumes, cake solids content, polymer consumption rates, equipment downtime logs, and disposal tracking documentation.

h. Provide 24-hour emergency response capability and technical support to address equipment malfunctions or process upsets within two hours of notification.

i. Provide any other equipment or materials necessary for project completion that were not outlined above.

C. Site Preparation and Utility Requirements

The County shall prepare the site and provide temporary electrical connections to support mobile equipment operations prior to contractor mobilization. The electrical connection provided will be contingent upon available capacity.

D. Project Timeline and Milestones

The County desires the project to occur during the months of September through December given that this period is advantageous operationally. The work shall be performed in accordance with a mutually agreed upon schedule. The project schedule will establish critical milestones from mobilization through demobilization ensuring coordinated execution and performance accountability. Site preparation and utility installation phase requires 10-15 working days for electrical service upgrades. Water availability for on-site hookup will be discussed during the nonmandatory bid meeting; however, the County will provide the water necessary to complete the project. It is expected that the successful Bidder will coordinate with the County to minimize disruptions to operations.

E. Performance Standards and Quality Requirements

The successful Bidder must achieve consistent dewatering performance, meeting specified quality standards throughout the contract duration. Dewatered cake solids content shall reach a minimum of eighteen percent (18%) or higher dry solids for municipal wastewater sludge and pass a paint filter test before disposal.

Cake discharge consistency shall produce stackable material suitable for direct truck loading without slumping, drainage, or odor releases during transportation. All performance parameters require daily monitoring and documentation with a certified off-site laboratory test of cake solids content conducted at a minimum of three times per week with no less than 24 hours between samples.

F. Environmental Compliance and Regulatory Requirements

All dewatering operations and biosolids handling must comply with all federal, state, and local environmental regulations governing sewage sludge management and disposal.

Operations shall conform to 40 CFR Part 503 Standards for Use or Disposal of Sewage Sludge establishing pollutant limits, pathogen reduction requirements, vector attraction reduction standards, and management practices. The regulation applies to any person or treatment works that prepares sewage sludge for land application, incineration, or surface disposal, requiring specific monitoring, recordkeeping, and reporting procedures.

The successful Bidder shall maintain compliance with all pollutant concentration limits for heavy metals including, but not limited to arsenic, cadmium, chromium, copper, lead, mercury, nickel, and zinc.

All transportation activities must comply with federal and state Department of Transportation regulations for solid waste hauling including but not limited to proper vehicle placarding, manifest documentation, and spill prevention measures.

The successful Bidder shall obtain and maintain all required permits, licenses, and approvals from federal or state environmental agencies, health departments, and local authorities having jurisdiction over dewatering operations and biosolids disposal. Reporting requirements include but not limited to submitting operational data, analytical results, disposal site information, and certification statements to appropriate regulatory agencies within specified deadlines.

G. Health, Safety and Security Protocols

The successful Bidder shall implement comprehensive health and safety programs protecting its workers, County personnel, and the public from hazards associated with mobile dewatering operations. All the successful Bidder’s personnel must complete site-specific safety orientation covering hazard communication, personal protective equipment requirements, and emergency response procedures prior to beginning work.

Operators shall wear appropriate PPE including chemical-resistant gloves, safety glasses with side shields, steel-toed boots, and high-visibility clothing when performing equipment operations, maintenance, or sample collection activities. The contractor must develop and implement a site-specific Job Hazard Analysis identifying potential risks including but not limited to: rotating machinery hazards, electrical shock hazards, chemical exposure from polymers and cleaning agents, biological hazards from pathogen-containing sludge, and slip/trip/fall hazards from wet surfaces.

Lockout/tagout procedures shall be strictly enforced during all maintenance activities with energy isolation, verification testing, and clear communication among maintenance personnel before accessing equipment internals. Chemical handling protocols must include but are not limited to proper storage of polymer concentrates in labeled containers, spill containment systems with absorbent materials readily available, and safety data sheets accessible to all workers.

The successful Bidder shall establish a confined space program if personnel entry into tanks, sumps, or enclosed spaces becomes necessary, including but not limited to: atmospheric testing, ventilation, rescue equipment, and trained attendants. Daily safety briefings shall address specific hazards anticipated during the shift, weather-related concerns, and lessons learned from previous incidents.

All accidents, injuries, near-misses, and environmental releases must be immediately reported to the County with written incident reports submitted within 24 hours documenting root causes and corrective actions. Security measures shall prevent unauthorized access to equipment and processing areas through perimeter fencing, posted signage, and equipment lockout when unattended.

H. Waste Management and Solids Disposal Requirements

The successful Bidder bears complete responsibility for transportation and disposal of all dewatered sludge cake produced during operations at the approved facility (Shenandoah County Landfill) with proper documentation. Dewatered biosolids must be transported in covered, leak-proof trucks preventing material loss, odor releases, or leachate drainage during transit to disposal sites. The successful Bidder shall secure all necessary approvals and disposal agreements with the receiving facility (Shenandoah County Landfill).

All disposal activities require complete manifest documentation tracking material from generation through final disposition including but not limited to date, time, volume, estimated dry weight, destination facility, and receiving signature. Weight tickets from certified scales at disposal facilities shall be submitted within five business days documenting actual quantities disposed of and demonstrating proper waste handling.

The successful Bidder shall notify the County immediately of any disposal facility rejections, regulatory violations, or inability to accept materials, and provide alternative approved disposal options without additional cost to the County. Disposal reporting must summarize total quantities processed, disposal methods utilized, facility names and permit numbers, and compliance with all applicable solid waste regulations.

No more than 1,000 dry tons may be disposed at the Shenandoah County Landfill cumulatively for the entire project.

I. Reporting Requirements

The successful Bidder shall provide regular reports that include but are not limited to:

1. Volume of sludge processed

2. Quantity of dewater solids produced

3. Operating conditions and performance metrics

4. Disposal facility and haul documentation

5. Any regulatory compliance requirements

J. Submission of Bid Pricing and Invoices

Bid prices for the comprehensive mobile dewatering services provided herein should be submitted on a lump sum basis and should be based on the processing of 1,000 dry tons of solids.

The Bid price should be prepared as follows:

Project Total Bid Price (Lump Sum)

Mobile Dewatering Services based on 1,000 dry tons of sludge processed (1) $

(1) The bid price for dewatering services shall state the lump sum total based on the total rate per dry ton of sludge processed and the assumed 1,000 dry tons of sludge processed to include all equipment rental, mobilization and demobilization of equipment, operator labor, chemical addition, routine maintenance, administrative overhead, and any other materials or services needed for proper project completion in accordance with the specifications included herein. Please be advised that the contract awarded may be less than 1,000 dry tons of sludge processed given the extent necessary to reflect budgeted funds.

The Shenandoah County Landfill will not charge a disposal fee to the successful Bidder for solids that meet regulatory compliance (minimum of 18% dry solids content or higher).

Certified lab testing fees shall be incurred by the successful Bidder.

Invoices submitted to the County for payment shall include detailed monthly invoices documenting the daily processing volumes, disposal quantities with supporting weight tickets, and any additional supporting documentation associated with the services performed as deemed necessary by the County.

K. County Responsibilities and Support

The County shall provide essential site access, electrical connection, and operational support enabling the successful Bidder’s performance of mobile dewatering services. Specific County requirements include:

1. Designate County staff member(s) with authority to approve daily operations, address site access issues, coordinate utility maintenance, and make timely decisions regarding schedule changes or scope modifications.

2. Maintain site security, traffic control, and coordination with other on-site contractors to prevent conflicts, ensure personnel safety, and minimize operational disruptions.

3. Review and approve all disposal facilities, hauling routes, and waste management procedures prior to the successful Bidder initiating solids transportation activities.

SHENANDOAH COUNTY, VIRGINIA

BID INFORMATION AND REQUIREMENTS

1. General:

a. This document will form part of the contract between the successful bidder and the County. The terms of this document are subject to the Invitation to Bid (“ITB”), which shall control in the event of conflict.

b. Sealed bids subject to the conditions, specifications, and instructions below and on the attached sheets hereto, will be received in person at the County’s Administration Office, 600 North Main Street, Suite 102, Woodstock, Virginia, 22664, until the time and date specified in the ITB. Bids may also be submitted electronically as provided in the ITB.

c. Bids concerning separate ITBs must not be combined on the same form or placed in the same envelope. Bids submitted in violation of this provision risk not being considered.

2. Contents of Bids:

a. All bids must be signed in order to be considered. If the bidder is a firm or corporation, the bidder should show the title of the individual executing the bid, and if the individual is not an officer of the firm or corporation, the bidder should submit proof that the individual has the authority to bind the firm or corporation.

b. Unless the ITB or specifications expressly provide otherwise, where a brand or trade name appears in the specifications, it is understood that the brand or trade name referred to, or its equivalent, shall be furnished. If the bidder proposes equivalent but not identical items, the bidder must furnish descriptive literature and full particulars for review, so that the County may assure equivalence of items.

c. Samples of items, if requested, shall be furnished by the bidder without charge.

Upon request, within sixty days after the date set for opening the bids, the samples will be returned at the bidder's expense. Otherwise, samples may be destroyed or consumed.

d. Time of proposed delivery shall be stated in number of calendar days. General terms such as "stock," "immediately," and "as soon as possible," may be cause for rejection. Unless otherwise specified, quote the earliest delivery date as it may be considered a factor in making an award.

e. All erasures, interpolations, and other changes in the bid should be signed or initialed by the bidder. Bids containing any conditions, omissions, erasures, alterations, or items not called for in the ITB, may be rejected by the County as being incomplete.

f. Unless a lump sum price is specifically requested, unit and extended prices should also be given. Failure to do so may cause a bid not to be considered. In case of error in extension of prices in the bid, the unit price shall govern.

g. Bids based on a firm price or those including a “downward escalator” clause may be given preference over lower ones bearing an “escalator” clause.

h. Bidder shall submit with the bid descriptive literature of the commodities, equipment, materials, supplies or services which he or she proposes to furnish, if such articles are produced by a different manufacturer than those specified.

i. The bid, the bid security, if any, and any other documents required, should be enclosed in a sealed opaque envelope.

3. Bidder's Representations:

a. Each bidder, by submitting a bid in response to the ITB, represents that the bidder has read and understands the contract specifications and has familiarized himself with all federal, state and local laws, ordinances, rules and regulations that in any manner may affect the cost, progress or performance of the work.

b. The failure or omission of any bidder to receive or examine any form, instrument, addendum or other documents, or to acquaint himself with conditions existing at the site, shall in no way relieve any bidder from any obligations with respect to his bid or to the contract.

4. Bidder’s Authorization to Transact Business in Virginia:

a. A bidder organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Virginia Code or as otherwise required by law. Each such bidder shall include the identification number issued to it by the Virginia State Corporation Commission.

b. Any bidder that is not required to be authorized to transact business in the

Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder is not required to be so authorized.

c. Construction contractors are referred to Chapter 11 of Title 54.1 of the Code of Virginia, concerning additional residency issues, licensing issues, and evidence of licensure.

d. The successful bidder shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth to be revoked or cancelled at any time during the term of the contract.

5. Addenda:

a. If any party contemplating the submission of a bid on the ITB is in doubt as to the meaning of any part of the plans, specifications or other documents, he should submit a written request for an interpretation thereof to the County. Typically, an interpretation of the contract specifications will be made by addendum duly issued to each party receiving the ITB. Addenda will be available at the County offices for review by any interested party. THE COUNTY SHALL NOT BE RESPONSIBLE

FOR EXPLANATIONS OR INTERPRETATIONS OF CONTRACT

SPECIFICATIONS, EXCEPT AS ISSUED BY ADDENDUM.

b. Any changes to the ITB or contract specifications shall be in the form of a written addendum from the County which shall be signed by the County Administrator or any duly authorized representative.

c. To the extent practicable, all addenda will be issued no later than four calendar days prior to the date set for the receipt of bids except an addendum extending the date for the receipt of bids or an addendum withdrawing the ITB.

d. Each bidder shall be responsible for determining that all addenda issued by the

County for the ITB have been received before submitting a bid for the work.

e. Each bidder should acknowledge the receipt of each addendum in his bid.

f. Unless otherwise instructed by a potential bidder, the County will issue addenda by email, wherever practicable. If the County does not know a potential bidder’s email address, or if email transmission is impracticable, the County may use any other method of delivery reasonably calculated to result in timely delivery to potential bidders.

6. Taxes:

a. The successful bidder shall pay all Town, County, State, and Federal taxes. Such taxes shall not be in addition to the contract price between the County and the successful bidder, as the taxes shall be an obligation of the successful bidder and not of the County, and the County shall be held harmless for same by the successful bidder.

7. Building Inspection Fees:

It is the responsibility of the successful bidder to secure all required permits to perform work in Shenandoah County. If a permit is required from the Shenandoah County Building Inspection Department as required by code, no fee will be assessed and it should not be included as an additional cost of this bid.

8. Submission of Bids:

a. All bidders should use the form provided, if any, in submitting their bids.

b. The envelope containing the bid should be sealed and marked in the lower left-hand corner with the ITB number, commodity, and due date of the bid. Additional copies of bids should be enclosed in the same envelope as the original bid.

c. If a bid contains proprietary information or trade secrets, such information must be submitted in a separate sealed and resealable envelope, and clearly marked as such.

d. Where email bids are allowed, these provisions shall be followed as closely as practicable.

9. Bid Security:

a. If the bidder is required to furnish a bid bond by the ITB, or if the bid is for a construction contract in excess of $500,000, bidder shall obtain a bid bond from a surety company authorized to do business in Virginia as a guarantee that if the contract is awarded to the bidder, the bidder will enter into the contract for the work described in the bid at the bid price. Alternatively, the bidder may provide a certified check, cashier’s check, or cash escrow in the face amount required for the bond.

10. Modification or Withdrawal of Bid:

a. A bid may be modified or withdrawn by the bidder any time prior to the time and date set for the receipt of bids. The bidder shall notify the County, in writing of his intentions.

b. Modified and withdrawn bids may be resubmitted to the County up to the time and date set for the receipt of bids.

c. No bid can be withdrawn after the time set for the receipt of bids and for sixty days thereafter.

d. Bidders whose bids contain a numeric or clerical error (as opposed to a mistake in judgment) may withdraw such bids within two business days of the date and time of opening the bids by notifying the County Administrator of the request to withdraw in writing. The bidder’s original work papers shall be included with such request.

The County’s decision will be issued within five business days of receiving the request.

11. Expenses Incurred in Preparing Bid:

Shenandoah County accepts no responsibility for any expense incurred in the bid preparation and presentation, such expenses to be borne exclusively by the bidder.

12. Bidder Responsibility:

Before submitting a bid, each bidder shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract, and to verify any representations made by Shenandoah County that the bidder will rely upon.

No plea of ignorance of such conditions and requirements will relieve the successful bidder from its obligation to comply in every detail with all provisions and requirements of the contract documents; nor will it be accepted as a basis for any claim whatsoever for any monetary considerations on the part of the successful bidder.

13. Opening of Bids:

a. All bids received on time will be opened and publicly read aloud.

b. Any bidder, upon request, will be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the County decides not to accept any of the bids and to restart the procurement process. Otherwise, bid records shall be open to public inspection only after award of the contract.

14. Insurance:

a. Unless expressly waived by the County, the successful bidder shall maintain insurance to protect themselves and the County from claims under the Workers’ Compensation Act, and from any other claim for damages for personal injury, including death, and for damages to property which may arise from operations under this contract, whether such operations be by the bidder or by any subcontractor or anyone directly employed by either of them. Such insurance shall conform to the specifications of this section, or the requirements of applicable law, if greater.

The successful bidder shall carry public liability insurance at least in the amounts specified below, including the contractual liability assumed by the contractor, and shall deliver Certificates of Insurance from carriers acceptable to the County specifying such limits, with the County named as an additional insured. In addition, the insurer shall agree to give the County 30 days’ notice of its decision to cancel coverage.

- Worker’s Compensation and Employer’s Liability

Coverage A – Statutory Requirements Coverage B – $100,000 Per Occurrence Coverage C – $100,000/$100,000 Accident and/or Disease All States Endorsement

- Automobile Liability, including Owned, Non-Owned and Hired Car Coverage Bodily Injury - $1,000,000 per person, $1,000,000 each occurrence

- Comprehensive General Liability Bodily Injury - $1,000,000 per occurrence, $2,000,000 annual aggregate Property Damage - $1,000,000 per occurrence, $2,000,000 annual aggregate

Including Completed Operations/Products, Contractual Liability for Specified Agreement, Personal Injury, (XCU) Explosion, Collapse and Underground Coverage, Broad Form Property Coverage.

15. Award of Contract:

a. The Purchasing Agent reserves the right to waive any informality in bids and to reject any or all bids. Where doing so would not undermine the purposes of the County’s procurement policy (in the sole judgment of the Purchasing Agent) the Purchasing Agent can, in its discretion, accept a bid which is non-conforming in one or more respects.

b. The Purchasing Agent shall have the right, before awarding the contract, to require a bidder to submit such evidence of his qualifications as it may deem necessary and may consider any evidence available to it concerning the financial, technical, and other qualifications and abilities of a bidder.

c. If the bid from the lowest responsible bidder exceeds available funds, the Purchasing

Agent may negotiate with the apparent low bidder to obtain a contract within available funds. The Purchasing Agent or his or her designee shall advise the lowest responsible bidder, in writing, that the proposed purchase exceeds available funds.

The Purchasing Agent shall further suggest a reduction in scope for the proposed purchase, and invite the lowest responsible bidder to amend its bid based upon the proposed reduction in scope. Repetitive informal discussions with the lowest responsible bidder for purposes of obtaining a contract within available funds shall be permissible. The lowest responsible bidder shall submit an addendum to its bid, which addendum shall include: the change in scope for the proposed purchase, the reduction in price, and the new contract value. If the proposed addendum is acceptable to the Purchasing Agent, he or she may award a contract within funds available to the lowest responsible bidder based upon the amended bid. If the Purchasing Agent and the lowest responsible bidder cannot negotiate a contract within available funds, all bids shall be rejected.

d. The bidder to whom the contract is awarded shall, within twenty days after prescribed documents are presented for signature, execute and deliver to the Purchasing Agent the contract forms and any other forms or bonds required by the bid.

e. The contract documents shall be subject to and governed by the laws of the

Commonwealth of Virginia. Any dispute arising out of the contract documents, their performance, or their interpretation shall be litigated only in the state courts serving Shenandoah County, Virginia.

f. The Purchasing Agent reserves the right to bid individual jobs as it deems necessary.

g. Price is not the sole consideration in awarding a contract. Superior qualifications, life-cycle costing, value analysis, quality of workmanship, delivery cost and timing, and suitability for the County’s particular purpose may all be taken into effect.

16. Bonds:

If the successful bidder is required to furnish a Performance Bond and a Labor and Material

Payment Bond by the ITB, or if the bid is for a construction contract in excess of $500,000, the successful bidder will be required to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the requirements of § 2.2-4337 of the Code of Virginia. Alternatively, the bidder may provide a certified check, cashier’s check, or cash escrow in the face amount required for the bond.

17. Contractor's Performance:

a. The successful bidder shall furnish all labor, materials and equipment necessary to fulfill the requirements of the contract in strict compliance with the terms, conditions, specifications and drawings of his bid and the contract documents.

b. The successful bidder agrees and covenants that his agents and employees shall comply with all Town, County, State and Federal laws, and rules and regulations applicable to the business to be conducted under this contract.

c. The successful bidder shall secure all necessary permits for the proper execution and completion of the work. All bids submitted shall include in price the cost of any business or professional licenses, permits or fees required by Shenandoah County, the Commonwealth of Virginia, or any other governmental entity. Do not include the cost of permits issued by the County in your bid price.

d. The successful bidder shall ensure that his employees exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.

e. The successful bidder shall cooperate with County officials in performing the work so that interference with existing County operations will be held to a minimum.

f. The successful bidder agrees and covenants that he or she shall indemnify and hold the County and its employees and agents harmless against and from all liability, claims, damages and costs, including attorneys’ fees of every kind attributable to bodily injury, sickness, disease or death or to damage to or destruction of property resulting from or in any manner arising out of or in connection with the project and the performance of the work under the contract, whether or not also caused in part by a person or entity indemnified by this agreement.

g. In case of any contractual default by the successful bidder, the Purchasing Agent, after due notice may procure the goods and/or services detailed in the contract from other sources and hold the successful bidder responsible for all damages including, without limitation, attorneys’ fees and any other excess cost occasioned thereby.

18. Employment Discrimination by Contractor Prohibited:

a. During the performance of the contract, the successful bidder agrees as follows:

(1) The successful bidder will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or 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 successful bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

(2) The successful bidder, in all solicitations or advertisements for employees placed by or on behalf of the successful bidder, will state that such contractor is an equal opportunity employer.

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

b. The successful bidder shall include the provisions of the foregoing paragraphs of this section in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

19. Drug Free Workplace:

During the performance of the 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 clause 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 in accordance with these provisions, 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.

20. Compliance with Immigration Law:

The successful bidder does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

21. Compensation:

a. The successful bidder shall be required to submit a complete itemized invoice on each delivery or service which he or she may perform under the contract.

b. Payment shall be rendered to the successful bidder for satisfactory compliance with the terms, conditions and specifications of the contract and within forty-five (45) days after the receipt of the proper invoice.

22. Successful Bidder's Obligation to Pay Subcontractors:

a. The successful bidder awarded the contract for this project shall take one of the two following actions within seven (7) days after the receipt of amounts paid to him by the County for work performed by his subcontractor(s) under the contract:

(1) Pay the subcontractor(s) for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor(s) under the contract; or

(2) Notify the County and subcontractor(s), in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

b. The successful bidder shall pay interest to the subcontractor(s) on all amounts owed by the contractor that remain unpaid after seven (7) days following receipt by the contractor of payment from the County for work performed by the subcontractor(s) under the contract, except for amounts withheld as allowed by paragraph (a)(2) above. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent (1%) per month.

c. The successful bidder shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor(s).

d. The successful bidder's obligation to pay an interest charge to a subcontractor(s) pursuant to the payment clause in this section shall not be construed to be an obligation of the County. A contract modification shall not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim shall not include any amount for reimbursement for such interest charge.

e. The successful bidder agrees not to assign or subcontract any of the work or obligations required of him under this contract unless (i) the identities of all subcontractors are disclosed in the bid, along with the scope of work to be performed by such subcontractors; or (ii) the County approves the use of the subcontractor in writing.

f. In the event the successful bidder for a construction contract has received payment from the County for work performed by a subcontractor, the successful bidder shall be liable and remit payment to the subcontractor for the entire amount owed within 60 days of receipt of an invoice for satisfactory completion of work. The successful bidder shall not be liable for amounts reducible due to the subcontractor's noncompliance with the terms of the contract.

If the successful bidder withholds all or a part of the amount invoiced by the subcontractor under the terms of the contract, the successful bidder shall notify the subcontractor within 50 days of the receipt of such invoice, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment, specifically identifying the contractual noncompliance, the dollar amount being withheld, and the lower-tier subcontractor responsible for the contractual noncompliance. Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of that contractor's receiving payment for amounts owed to that contractor.

Nothing herein shall be construed to apply to or prohibit retainage provisions.

23. Cancellation:

a. The County reserves the right to terminate the contract immediately (i) in the event that the successful bidder discontinues or abandons operations; (ii) if adjudged bankrupt, or reorganized under any bankruptcy law; or (iii) fails to keep in force any required insurance policies or bonds.

b. Failure of the successful bidder to comply with any section or part of the contract may be considered grounds for immediate cancellation of the contract by the County.

c. If the cancellation clause is used by the County, the successful bidder will be paid by the County for all scheduled work completed satisfactorily by the successful bidder up to the termination date set in the written cancellation notice.

24. Exceptions and Specifications:

Bidders taking exception to any part or section of these specifications shall indicate such exceptions on their bid. Failure to indicate any exceptions shall be interpreted as the bidder’s intent to fully comply with the specifications as written. Conditional or qualified bids are subject to rejection in whole or in part.

25. Governing Documents:

This procurement is subject to the terms of Chapter 43 of the Shenandoah County Code.

Copies are available upon request.

26. Claims and Appeals:

All claims against the County and appeals of County decisions shall be made in strict accord with the County’s Procurement Policy. Compliance with the policy is mandatory.

27. Cooperative Procurement:

As authorized in Section 2.2-4304 of the Code of Virginia, this procurement is being conducted on behalf of and may be used by public bodies, agencies, institutions, and localities of the Commonwealth of Virginia with the consent of the successful bidder.

28. The County does not discriminate against faith-based organizations.

29. Prohibition on Forced or Indentured Child Labor:

The successful bidder is prohibited from using forced or indentured child labor in the performance of the contract. The successful bidder shall include this prohibition in every subcontract or purchase order that exceeds $10,000 so that the provision is binding on each such subcontractor or vendor.

For the purposes of this section, "forced or indentured child labor" means all work or service (a) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily; or (b) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Certification:

In compliance with this Invitation to Bid and to all the conditions imposed therein, including all attachments and addenda, and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation. I certify that I have the authority to bind the corporation in contract.

Name of Firm_________________________________________________________________

Address of Firm________________________________________________________________

Virginia SCC No.:_______________________________________________________________

Signature__________________________________________ Date___________________

Printed Name_______________________________________

Title______________________________________________

This statement must be signed by the Bidder or its authorized representative and included in the Bid Submission.