INVITATION FOR BIDS ANNOUNCEMENT

IFB No. 2027-05-PW

Issue Date: August 26, 2026

County of Frederick, Virginia

FINANCE DEPARTMENT

107 N. Kent Street, 3rd Floor

Winchester, VA 22601 Phone: (540) 665-5610 www.fcva.us/purchasing

Title:

LEACHATE COLLECTION LAYER-MATERIAL HAULING

CONTRACT, FREDERICK COUNTY LANDFILL

Bids Due:

September 30, 2026, 2:00 p.m., local time

Bids Open: September 30, 2026, 2:05 p.m., local time

1st Floor Conference Room

Project Overview: Frederick County is currently accepting sealed bids to supply inert leachate stone material to be used for the Frederick County Landfill Leachate Collection Layer. The total contract amount must be delivered to Frederick County Landfill located off Sulphur Spring Road in Frederick

County, Virginia within 180 calendar days of the date of the Notice to Proceed. The material shall conform to the specifications which are approved by the Department of Environmental Quality.

The County of Frederick, Virginia (the “County”) is seeking proposals from qualified firms (the “Offeror” or

“Contractor”) to furnish the goods and/or services described herein and proposals will be received by Karen

Orndorff, Purchasing Manager at the Frederick County Finance Department, 3rd Floor, 107 N. Kent Street, Winchester, Virginia, 22601, through the due date and hour shown above (local prevailing time). Electronic submission proposals will be accepted through eVA only. Proposals received after this time will not be accepted.

Questions: All inquiries and technical questions or comments related to this solicitation shall be directed to

Joe C. Wilder, Department of Public Works no later than 2:00 p.m. on Tuesday September 15, 2026. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted.

IFB Contact Information: Joe C. Wilder, Public Works Director jwilder@fcva.us

CC:

Karen Orndorff, Purchasing Manager

Karen.orndorff@fcva.us

This solicitation is posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov) and is available for free download.

http://www.fcva.us/purchasing mailto:jwilder@fcva.us mailto:Karen.orndorff@fcva.us http://www.eva.virginia.gov/

LEACHATE COLLECTION LAYER-MATERIAL HAULING CONTRACT FREDERICK COUNTY LANDFILL IFB 2027–05-PW

Table of Contents

SECTION A: SPECIFICATIONS

SECTION B: CONTRACT SPECIFIC TERMS AND CONDITIONS

SECTION C: TERMS AND CONDITIONS

ATTACHMENT A: BID FORM

ATTACHMENT B: PAYMENT PROCEDURES

ATTACHMENT C: VENDOR APPLICATION

ATTACHMENT D: PRICE SCHEDULE

ATTACHMENT E: REFERENCE PAGE

ATTACHMENT F: INSURANCE REQUIREMENTS

ATTACHMENT G: BOND REQUIREMENTS

SECTION A: SPECIFICATIONS

1. INTRODUCTION

The purpose of this Invitation for Bid (IFB) by the County of Frederick, Virginia is to solicit sealed bids from interested Bidders to supply inert leachate stone material to be used for the Frederick County Landfill Leachate

Collection Layer. Material is to be delivered to the Frederick County Landfill located off Sulphur Spring Road.

2. BACKGROUND

Frederick County is located in the northern Shenandoah Valley of Virginia and occupies a strategic location in the

Mid-Atlantic region. The Shenandoah Valley stretches approximately 200 miles between the Blue Ridge Mountains to the east and the Allegheny Mountains, part of the Appalachian Mountain Range, to the west. The Valley extends from the Potomac River in the north to the James River in the south. Frederick County encompasses 416 square miles and serves a population of approximately 100,000 residents.

3. SCOPE OF WORK

The County of Frederick, Virginia is soliciting sealed bids to supply inert leachate stone material to be used for the

Frederick County Landfill Leachate Collection Layer. The total contract amount must be delivered to the Frederick

County Landfill at 280 Landfill Road located off Sulphur Spring Road in Frederick County, Virginia within 180 calendar days of the date of the Notice to Proceed. The Landfill will need 35,000 tons of Virginia Department of

Transportation (VDOT) #57 stone (part 1) and 2,000 tons of VDOT #3 stone (part2).

The amount of material required for Part 1 of this contract is 35,000 tons of VDOT #57. The collection layer material must meet the following specifications:

1. Must be inert. Inert meaning non-reactive to the leachate acid level. Submit laboratory test results in accordance with ASTM standard D-3042 - Acid Solubility of Aggregate, Material must be more than 85 percent insoluble residue (i.e., not exceeding 15 percent carbonate material).

2. Shall classify as GP or GW in accordance with the Unified Soil Classification System. Submit laboratory test results in accordance with ASTM standard D-422 - Sieve Analysis.

3. Must have 100 percent passing the 1.5 inch sieve. Maximum 5 percent passing the #8 sieve.

Submit laboratory test results verifying these requirements. Equivalent to the Virginia

Department of Transportation #57 stone.

4. Material must have a permeability equal to or greater than 0.1 cm/sec. Submit laboratory test results in accordance with ASTM standard D-2434, Constant Head Permeability.

5. Submit test data to verify that the material will not puncture a 60 mil HDPE textured liner overlain with 16 oz/SY nonwoven geotextile when subjected to a tire or track pressure of 10 psi and the depth of material over the liner is 12 inches.

The amount of material required for Part 2 of this contract is 2,000 tons of VDOT #3 stone. The inert

VDOT #3 material must meet the following specifications:

1. Must be inert. Inert meaning non-reactive to the leachate acid level. Submit laboratory test results in accordance with ASTM standard D-3042 - Acid Solubility of Aggregate, Material must be more than 85 percent insoluble residue (i.e., not exceeding 15 percent carbonate material).

2. Shall classify as GP or GW in accordance with the Unified Soil Classification System. Submit laboratory test results in accordance with ASTM standard D-422 - Sieve Analysis.

3. Must have 100 percent passing the 2.5 inch sieve. Maximum 5 percent passing the #0.5-inch sieve. Submit laboratory test results verifying these requirements. Equivalent to the Virginia

Department of Transportation #3 stone.

4. Material must have a permeability equal to or greater than 0.1 cm/sec. Submit laboratory test results in accordance with ASTM standard D-2434, Constant Head Permeability.

5. Submit test data to verify that the material will not puncture a 60 mil HDPE textured liner overlain with geo-composite drainage net when subjected to a tire or track pressure of 10 psi and the depth of material over the liner is 12 inches.

5. ACCEPTANCE OF BIDS

A. The County expressly reserves the right to cancel this IFB and/or reject any or all bids, to waive any informality or irregularity in the bids received, and to accept a bid from the lowest responsive and responsible bidder which is deemed to be in the best interest of the County. Each Offeror is solely responsible for ensuring that such Offeror has the current, complete version of the IFB documents, including any addenda, before submitting a bid. Receipt by the bidder of such addendum should be acknowledged on the Bid Form and/or addendum. Addenda will be posted on the Commonwealth of

Virginia’s electronic procurement platform, eVA. The County is not responsible for any IFB obtained from any source.

B. To determine the lowest responsive and responsible bidder who may be awarded a Contract for the Work, the criteria set forth in the Bid Documents may be considered. By submitting a bid, each bidder agrees that this is a solicitation of bids, and each bidder agrees to be solely responsible for the cost or expense of its bid and the County shall have no responsibility for such costs or expenses.

C. If the bid by the lowest responsive and responsible bidder exceeds available funds, the County reserves the right to negotiate with the apparent low bidder pursuant to Section 2.2-4318 of the Code of Virginia.

The conditions and procedures under which such negotiation may be undertaken are that the appropriate

County officials shall determine that the lowest responsive and responsible bid exceeds available funds and notify such bidder in writing of its desire to negotiate. Thereafter, negotiations with the apparent low bidder may be held to obtain a Contract within available funds involving discussions of reduction of quantity, quality, or other cost saving mechanisms. Any such negotiated Contract shall be subject to final approval of the County, in the sole discretion of the County.

6. EVALUATION FOR LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

To determine the lowest responsive and responsible Bidder with respect to this Bid, the following factors, among such others as will protect and preserve the interest of the County may be considered:

A. Total extended Bid price as set forth on the Bid Form

B. The specified terms and discounts, if any, of the Bid;

C. The ability, capacity and skill of the Bidder to perform the Contract and/or provide the services and/or items required;

D. Whether the Bidder can perform the Contract and/or perform the services and/or provide the items promptly, or within the time specified, without delay or interference;

E. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;

F. The quality of performance on previous contracts or services;

G. The previous and existing compliance by the Bidder with laws and ordinances relating to other contracts, purchase orders, items and/or services provided by Bidder in other matters;

H. The equipment and facilities available to the Bidder to perform the Contract and/or provide the services and/or items requested in the IFB;

I. The sufficiency of the financial resources and ability of the Bidder to perform the Contract and/or provide the services and/or items requested in the IFB;

J. The quality, availability, and adaptability of the supplies, materials, equipment and/or services the Bidder can provide for the particular use and/or work requested in the IFB.

7. PAYMENTS TO CONTRACTOR

A. Progress payments may be made against construction purchase orders / contracts when the period of performance exceeds 30 calendar days. Payment may be made on partial deliveries of services accepted by the County when the amount due on such deliveries so warrants.

Contractor’s notification and Certificate of Payment regarding progress payments shall:

a. Show the estimate of the Work performed during the preceding calendar month or work period;

b. Itemize the quantity of materials and document with invoices showing the cost of said materials stored on or off site; Items purchased for the project but not scheduled for incorporation into the work within the six months next following submission of the Certificate of Payment shall not be invoiced by the

Contractor for payment.

c. Identify the specific location of the off site materials, which must be within reasonable proximity to the Site and within the Commonwealth of Virginia;

d. Include a letter from the Contractor’s Surety which confirms that the Surety on the Performance Bond and the Labor and Material Payment Bond has been notified of the request for payment of materials stored off the Site and agrees that the materials are covered by the bonds; and

e. Include documentation establishing that the stored materials are covered by all-risk builder’s risk insurance in an amount not less than the fair market value of the materials, which insurance shall include the Owner as an additional insured.

B. The Owner shall withhold five percent (5%) of each progress payment to the Contractor until the Final

Payment, unless otherwise provided by any law, regulation or program of the federal government. Such retainage shall be held to assure faithful performance of the Contract and may also be used as a fund to deduct amounts due to or claimed by the Owner, including, but not limited to, payment to the Owner of all moneys due for deductive change orders, credits, uncorrected Defective Work, interest, damages, and the like. (Code of Virginia § 2.2-4333). The Owner may, at its sole discretion, agree on an item by item basis to release the retainage on items which are fully 100% complete and which have been accepted by the Owner as being tested and complete and on which no further action or work will be required.

C. The Final Payment, which shall include the retainage, less any amounts due to or claimed by the Owner, shall not become due until the Owner’s inspection, and agrees that Final Completion has been achieved and until the Contractor shall deliver to the Owner a Certificate of Completion by the Contractor. Amounts due the Owner which may be withheld from the Final Payment may include, but are not limited to, amounts due pursuant to costs incurred to repair or replace Defective Work, costs incurred as a result of the

Contractor’s negligent acts or omissions or omissions of those for whom the Contractor is responsible, delay damages, and any liquidated or actual damages.

SECTION B: CONTRACT SPECIFIC TERMS AND CONDITIONS

1. eVA REGISTRATION: Frederick County utilizes eVA, Virginia’s electronic purchasing system to communicate and award with Offerors. In the event of an award, the selected Offeror shall be required to register in eVA. There is no cost associated with registration.

2. CONTRACTOR QUALIFICATIONS: Firms shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract.

3. BID OPENING: Bids must be received by the date and time indicated on the Announcement page. Bids shall be opened on the due date at 2:05 p.m., in the County Administration Building’s 1st Floor Conference room, located at 107 N. Kent Street, Winchester VA, 22610.

4. QUESTIONS: Questions regarding this Invitation for Bids (IFB) must be received prior to the date and time posted on the announcement page.

5. ADDENDA AND CHANGES TO BIDS: Changes or supplemental instructions to this Invitation for Bids will be posted online with this solicitation. It is the Offeror's responsibility to check for addenda prior to the due date and time to ensure that all addenda are received.

All Bidders shall acknowledge receipt of Addenda with the bid. Acknowledgement of all Addenda shall be in the space provided on the Bid Form or by returning a copy of each signed Addendum. If all Addenda are not acknowledged, the bid may be determined non-responsive.

A bidder may amend and/or withdraw a bid before the due date and time set on the Announcement page. All requests from a potential bidder to return their bid shall be in writing, addressed to the Purchasing Manager, and signed by an authorized representative.

6. BID SUBMISSION REQUIREMENTS:

a. Bid Form: Each bidder shall submit a completed Bid Form and any other bid requirements as outlined. No erasures shall be permitted. Errors and other changes shall be struck through with a single line and initialed.

Bids shall be furnished in a lump sum price bases as called for in this Invitation for Bid, in numerical figures and written dollar amounts. The written word shall take precedence. Figures shall be written in ink or typed.

b. Submissions: Bid Form shall be signed by the Bidder or by an authorized representative of the bidder and enclosed along with other bid requirements, in a sealed envelope and clearly marked with the bidder’s name and address, opening date and time, and the title and IFB number. Bids submitted by courier should be sealed in an envelope and include the required information to ensure it is not opened prior to the public opening.

c. (Preferred Method) In lieu of hard copy submissions, electronic submissions are permitted. Your firm’s bid submittal, consisting of one (1) complete electronic copy and one (1) redacted electronic copy (if applicable) in a “pdf” format, will be received no later than the date and time listed on the IFB

Announcement page, by submitting through the Commonwealth of Virginia’s electronic procurement platform eVA.

Submissions through eVA are secured and sealed until the due date and time. Emailed and/or faxed submissions shall not be accepted.

d. All proposals (including all documents, schedules, reports, plans and other attachments) will not be returned.

https://eva.virginia.gov/index.html

7. BID ACCEPTANCE: Bids considered irregular may be rejected. Irregularities include, but are not limited to the following:

a. Bids not written in ink or typed

b. Bids reserving the right to accept or reject an award or qualifying award based on acceptance

c. Bids not properly signed

d. Erasures or alterations not initialed by the bidder

e. Bids which are obviously unbalanced in unit price or lump sum price, either in excess or below the cost analysis values as determined by the County

f. Unauthorized additions, conditions, or alternative bids or other irregularities that may make the bid incomplete, indefinite, or ambiguous.

8. METHOD OF AWARD: The County will make a single award, based on a competitive bid to the lowest responsive and responsible Bidder.

9. CONTRACT/AGREEMENT: Following award, a contract will be executed between the Bidder and the

County.

10. CONTRACT MODIFICATIONS: The County may, upon mutual agreement with the Contractor, issue written modifications to the scope of work/specifications of this contract. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document.

11. INVOICING: The Contract and/or purchase order number shall be included on each invoice and packing slip.

Failure to include this information will delay payment. Invoices shall be sent to the “Bill To” information provided at time of order.

12. PAYMENT: Payment will be authorized following receipt of a valid invoice (including Purchase Order

Number, Line Item Number(s), Description of Goods and Services, Unit Prices, Total Price, etc.) and delivery of goods or completion of services according to specifications and subject to inspections. A completed and signed Acknowledgement of Payment Procedures must be submitted with all bids (Attachment B).

13. PROTECTION OF PERSONS AND PROPERTY: The Contractor undertakes to take every precaution at all times for the protection of persons and property, including the County’s employees and property and its own. Any damage, including damage to finished surfaces, resulting from the performance of this contract shall be repaired to the County’s satisfaction at the Contractor’s expense.

14. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the County, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature and technical detail to enable the County to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

15. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless The County of Frederick, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract, the Contractor shall furnish proof of said insurance prior to commencement of services.

Separate forms, which name the County as an additional insured and as alternate employer, must be included with the Certificate of Insurance. Please see the General Terms and Conditions for additional information regarding insurance coverage limits. Please make sure prior to submitting a proposal that all insurance endorsements forms have been reviewed by your insurance carrier.

The Commonwealth of Virginia requires contractors and subcontractors to obtain and maintain workers’ compensation insurance while performing work on behalf for the County. Evidence of coverage needs to be provided prior to commencement of work.

Contractor shall have ten (10) days from the date of the County’s request, to provide insurance documentation.

Failure to provide the certificate and forms within this period may be cause for the County to award a contract to the next responsive Bidder and hold the original Contractor liable for excess costs.

16. DELIVERY OF GOODS/SERVICES: The time of proposed delivery must be stated in definite terms. If time of delivery for different goods and/or services varies, the Bidder shall so state in the bid.

All items are to be delivered within 30 calendar days from the date of the order (release) unless otherwise specified. Deliveries shall be made between the hours of 7:00 a.m. and 4:00 p.m. Monday through Friday, excluding County holidays and be made to: Frederick County Landfill, 280 Landfill Road, Winchester, Va

22602.

Delivery tickets shall show quantity, description, unit price, total price, purchase order number and release number.

17. METHOD OF ORDERING: Receipt of a Purchase Order constitutes the authorization to provide the goods or services specified on the order.

18. EQUIPMENT: Any equipment delivered must be standard new and unused equipment, latest model, except as otherwise specifically stated in the bid.

19. SUBSTITUTIONS/ALTERNATES

a. Unless qualified by the provision "NO SUBSTITUTE", the use of the name of the manufacturer, brand make or catalog designation in specifying an item does not restrict Bidders to the manufacturer, brand, make or catalog designation identification. This is used simply to indicate the character, quality and/or performance equivalence of the goods and/or services desired. The goods and/or services on which bids are submitted must be of such character, quality and/or performance equivalence that it will serve as that specified. In submitting bids on goods and/or services other than as specified, Bidder shall furnish complete data and identification with respect to the alternate goods and/or services they propose to furnish.

b. Consideration will be given to bids submitted on alternate goods and/or services to the extent that such action is deemed to serve the best interests of the County. If the Bidder does not indicate that the goods and/or services he proposes to furnish is other than specified, it will be construed to mean that the Bidder proposes to furnish the exact goods and/or services described.

20. EXAMINATION OF CONDITIONS: Each Bidder shall fully investigate site conditions and determine work conditions and take necessary measures to ensure a complete understanding of the specifications and work requirements. Failure to become familiar with the site conditions or work conditions will not relieve the

Contractor from furnishing all materials or performing the work in accordance with the Specifications.

21. WARRANTY: The Contractor warrants the goods/services furnished to be of the highest quality and be free from defects for a period of one year from the date of delivery or installation and shall carry the standard manufacturer’s warranty. If installed, the warranty shall include parts, labor and all return delivery costs.

Replacements and repairs shall be made by the Contractor at no cost and to the satisfaction of the County.

22. BOND REQUIREMENTS

a. Bid Bonds: All bids shall be accompanied by a Bid Bond from a surety company selected by the

Bidder, which is legally authorized to do business in Virginia in the amount of five percent (5%) of the amount of the bid.

b. In lieu of a Bid Bond, a Bidder may furnish a certified check or cash escrow in the face amount required for the bond. Such bid guarantee shall be submitted with the understanding of the following: It shall guarantee that the Bidder will not withdraw his bid during the period of 120 days following the opening of bids; if his bid is accepted, he will enter into a formal Contract with Frederick County in accordance with this solicitation which shall be included as a part of the Contract Documents; and the Standard

Performance Bond and the Standard Labor and Material Payment Bond shall be given. And further, in the event of the withdrawal of the said bid within said period, or failure to enter into said Contract and give said Bonds within ten (10) days after Bidder has received a Notice of Award, the Bidder shall be liable to the Frederick County Board of Supervisors for the lesser of (i) the difference between the

Bid for which the Bond was written and the next low Bid, or (ii) the face amount of the Bid Bond.

This amount represents the damage to the Frederick County Board of Supervisors on account of the default of the Bidder in any particular hereof.

i. Bid Bonds in the form of certified checks, cashier’s checks or cash will be returned to all unsuccessful Bidders who submitted a certified check or cash shall have their bid bond returned following the issuance by the County of a Notice of Intent to Award to the winning

Bidder.

c. Performance and Payment Bonds: Upon the award of a Contract resulting from this IFB, awarded to the successful Bidder(s), the Contractor shall furnish to Frederick County Performance and Payment bonds.

i. The successful Bidder, at the time of the execution of the Contract, shall furnish both

Performance and Payment Bonds, each in an amount equal to 100% of the Contract Price and the Contract shall not be deemed to have been fully executed until such bonds are provided.

Bonds shall be issued by a surety company licensed to conduct business in the Commonwealth of Virginia and listed on the United States Treasury Department’s latest Circular 570. The

Performance Bond and the Payment Bond shall be in effect as of the date the successful Bidder signs the Contract, and if executed prior to the date the successful Bidder signs the Contract shall include written certification from the surety that the bond is effective as of the date of the Contract. If the successful Bidder is a partnership or joint venture, all partners or ventures shall execute the bond as principal in a personal and not representative capacity, in addition to execution of the bond by the Contractor as principal. Cost of said bonds shall be included in the Contract Price.

SECTION C: TERMS AND CONDITIONS

FREDERICK COUNTY VIRGINIA

BIDS/PROPOSALS ON SOLICITATIONS ISSUED BY THE COUNTY WILL BIND BIDDERS/OFFERORS

TO THE APPLICABLE CONDITIONS AND REQUIREMENTS IN THE GENERAL CONDITIONS AND

INSTRUCTIONS TO BIDDERS/OFFERORS UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION

AND SUBJECT TO APPLICABLE STATE, LOCAL, AND FEDERAL LAWS.

BIDDERS/OFFERORS OR THEIR AUTHORIZED REPRESENTATIVES SHOULD INFORM THEMSELVES

FULLY AS TO THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS OF EACH COUNTY

PROCUREMENT BEFORE SUBMITTING BIDS/PROPOSALS. FAILURE TO DO SO WILL BE AT THE

BIDDER/OFFEROR'SOWN RISK AND RELIEF CANNOT BE SECURED ON THE PLEA OF ERROR.

1. AUTHORITY: The County has the sole responsibility and authority for negotiating, placing and when necessary modifying every solicitation, contract and purchase order issued by the County of Frederick, VA. The County

Finance Director serves as the County Purchasing Agent. In the discharge of these responsibilities, the County

Finance Director has appointed the County Purchasing Manager to assist the County Purchasing Agent. Unless specifically delegated by the County, no other County officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the government of the County of Frederick, VA for an indebtedness. Any purchase ordered or contract made which is contrary to these provisions and authorities shall be of no effect and void and the County shall not be bound thereby.

2. PRE-BID AND BID SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the County Purchasing Manager or the IFB Contact, regarding an Invitation for Bids is expressly forbidden except with the permission of the Purchasing Manager.

Violation of this directive may result in a determination that the bidder is ineligible for award.

b. All bids shall be submitted sealed with the bid number, date and time clearly marked on the outside of the envelope or package. Electronic submission proposals will be accepted through eVA only. Bids received by the Purchasing Manager after the due date and time will not be accepted. Failure to return required documents and information specified herein may result in a determination that the bid is non- responsive.

c. Bids will be publicly opened on the due date and time specified on the “Invitation for Bids Announcement” cover sheet. A bid tabulation will be posted as soon as practical. The County posts all solicitations and related bid tabulations on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov).

d. All bids shall be submitted in accordance with this Invitation for Bids. If more space is required to furnish a description of the goods and/or services bid, the Bidder may attach that additional information with the bid.

e. All bids must be signed by an officer or employee having the authority to sign on behalf of the firm.

f. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink. Any corrections must be initialed and dated in ink by the person signing the bid.

g. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the County, including sales tax, delivery charges or other surcharges. Prices quoted shall be the final cost to the County.

All deliveries shall be F.O.B. Destination.

h. If the County is closed for business at the time scheduled for bid opening, regardless of reason, sealed bids will be accepted and opened on the next business day of the County, at the originally scheduled time.

i. The Terms, Conditions and Specifications in this solicitation shall supersede any terms and conditions offered by the Bidder. Any additional conditions a Bidder intends to be considered must be submitted with the bid and be noted as an exception on the Bid Form, however, exceptions may result in the bid being determined non-responsive.

j. Each bid shall be submitted with the understanding that, upon acceptance by the County, the Bidder shall furnish any or all of the goods and/or services described herein. The accepted bid shall constitute a contract between the Bidder and the County and shall bind the Bidder to furnish and deliver the goods and/or services at the stated prices and in accordance with the Terms, Conditions and Specifications of the Invitation for Bids and bid. The County shall order the goods and/or services from the Bidder at the stated prices except for reasons beyond reasonable control, including but not limited to availability of funds and the Contractor’s inability to deliver goods or services within the required timeframe.

k. Submission of a bid is not to be construed as an award or an order to ship.

l. A submittal (bid) by the Bidder certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with that entity. If a debarment or suspension exists, supporting information shall be provided with the response. Suspension or debarment may disqualify the Bidder from award of a contract.

m. A bid may be amended and/or withdrawn by a bidder if the request is received in writing before the due date and hour. The request must be signed by a person authorized to represent the vendor or firm that submitted the bid. Submission of a subsequent bid, unless specifically identified as an additional bid, shall constitute the withdrawal of any prior one submitted by the same bidder on the same Invitation for Bid.

n. Withdrawal of bids after opening is governed by the Code of Virginia §2.2-4330. The bidder shall give notice in writing of his/her claim of right to withdraw his/her bid within two business days after conclusion of the bid opening or procedure and shall submit original work papers with such notice.

3. ADDENDA: Changes or supplemental instructions to this Request for Proposals will be posted online with this solicitation. It is the Offeror's responsibility to check for addenda prior to the due date and time to ensure that all addenda are received.

All Offerors shall acknowledge receipt of Addenda with the proposal. Acknowledgement of all Addenda shall be in the space provided on the Proposal Form or by returning a copy of each signed Addendum. If all Addenda are not acknowledged, the proposal may be determined non-responsive.

The County posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov).

4. AWARD

a. A notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov ).

b. Competitive Bids shall be awarded to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided.

Discounts for prompt payment will not be considered in making awards. The County reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

c. The right is reserved to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the County. The award or awards will be made to the lowest responsive, responsible bidder or bidders as applicable.

d. An Offeror may protest the award or decision to award by submitting such protest in writing to the Purchasing

Agent no later than ten (10) days after the award or the announcement of the decision to award. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. The written protest shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in writing within ten (10) business days stating the reasons for the action taken. This decision shall be final unless the Offeror appeals within ten (10) days of the written decision by invoking legal action as established by the Code of Virginia.

5. AVAILABILITY OF FUNDS: A contract shall be deemed in force only to the extent of availability of an annual appropriation by the County for the purchase of such goods and/or services. The County’s extended obligations on contracts that include funding through successive fiscal periods shall be contingent upon actual appropriations for the successive periods (additional years).

6. AUTHORIZATION TO TRANSACT BUSINESS IN VIRGINIA: All Contractors organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the identification number issued to it by the State Corporation Commission. Any Contractor 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, as amended, or as otherwise required by law shall include in the bid/proposal/quote/statement of work a statement describing why the Contractor is not required to be so authorized.

Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its Certificate of Authority or Registration to Transact Business in the Commonwealth, if so required under Title 13.1 or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Visit https://www.scc.virginia.gov/ for more information.

7. COOPERATIVE PURCHASE: If authorized by the Bidder/Offeror, the contract resulting from this

Solicitation may be extended to other public bodies, public agencies or institutions within the United States to purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s) directly with the Contractor(s). The County is not a party to such contracts and is not responsible for placement of orders and payment or discrepancies of the participating jurisdictions. It is the Bidder/Offeror’s responsibility to notify the jurisdictions of the availability of contract(s). Bidder/Offerors who do not wish to extend the terms, conditions and prices to other public entities shall so indicate in the bid/proposal.

Cooperative purchases are not extended for construction related projects.

8. CHANGES TO THE CONTRACT: The County may, upon mutual agreement with the Contractor, issue written modifications to the scope of work/specifications of this contract. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document.

9. RENEWALS: If additional terms are available, the County shall request to renew this Contractual Agreement in writing, no less than 90 days prior to the end of the initial term. Autorenewals or extending the term beyond the initial term without a written request shall not be permitted. Requests for price adjustments, in accordance with

Section 6 below, must be submitted to the County 60 days prior to the end of the then current term.

10. PRICE ADJUSTMENTS: Increases to the agreed upon fees and/or cost for services or goods during the initial term of the contract shall be prohibited. Additionally, price increases for each renewal period cannot exceed the change of the Consumer Price Index (CPI), not seasonally adjusted for the latest twelve months, or five percent

(5%) annually, whichever is less.

11. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by Contractor within any 12-month period is $750,000 or more, the Contractor is required under Title 54.1-1100, Code of

Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken within any 12-month period is $150,000 or more, but less than $750,000 or more, the Contractor is required to be https://www.scc.virginia.gov/ licensed as a “CLASS B CONTRACTOR.” If such a contract is over $1,000 but less than $10,000, or if the

Contractor does less than $150,000 in business in a 12-month period, the Contractor is required to be licensed as a “CLASS C CONTRACTOR.” The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The Contractor shall insert his contractor license number:

Licensed Class A Virginia Contractor No. _______________Specialty _______________

Licensed Class B Virginia Contractor No. _______________Specialty _______________

Licensed Class C Virginia Contractor No. _______________Specialty _______________

If the Contractor shall fail to provide this information or fails to promptly provide said contractor license number to the County in writing when requested to do so, he shall be deemed to be in violation of § 54.1-1115 of the Code of Virginia (1950), as amended, and his bid/proposal will not be considered.

If a Contractor shall fail to obtain the required license prior to submission of a bid/proposal, quote, or statement of work, the Contractor shall not be considered.

12. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless

The County of Frederick, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract and/or issuance of the Purchase Order, the Contractor shall furnish proof of said insurance prior to commencement of services. Separate forms, which name the County as additional insured and as alternate employer, must be included with the Certificate of Insurance.

The Commonwealth of Virginia requires contractors and subcontractors to obtain and maintain workers’ compensation insurance while performing work on behalf for the County. Evidence of coverage needs to be provided prior to commencement of work.

Contractor shall have ten (10) days from the date of the award (or Purchase Order), to provide insurance documentation. Failure to provide the certificate and forms within this period may be cause for the County to award a contract to the next lowest Contractor and hold the original Contractor liable for excess costs.

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design/Inspection/Abatement $1,000,000 per occurrence, $3,000,000 aggregate

Health Care Practitioner

(to include Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed

Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical

Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

13. 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 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

(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.

14. SMALL, WOMEN-OWNED MINORITY AND SERVICE-DISABLED VETERAN-OWNED BUSINESS

REQUIREMENTS: The County of Frederick desires to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women, minority individuals and service- disabled veterans and to encourage their participation in the County's procurement activities. The County encourages these firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women, minority individuals and service-disabled veterans through partnerships, joint ventures, subcontracts, and other contractual opportunities. A directory of Commonwealth of Virginia Small, Women-Owned Minority and Service-Disabled Veteran-Owned businesses can be found at https://directory.sbsd.virginia.gov.

15. FAITH BASED ORGANIZATIONS: In accordance with the Code of Virginia § 2.2-4343.1, the County does not discriminate against faith-based organizations.

16. NON-DISCRIMINATION: By submitting a bid/proposal/quote/statement of work, contractors 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 sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in a. and b. below apply:

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

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

ii. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the https://directory.sbsd.virginia.gov/%23/ contractor, will state that such contractor is an equal opportunity employer.

iii. 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.

iv. The requirements of these provisions a. and b. are a material part of the contract. If the Contractor violates one of these provisions, the County may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from County and State contracting regardless of whether the specific contract is terminated.

v. The Contractor shall comply with all applicable federal, state, and local laws prohibiting discrimination.

The Contractor shall not discriminate in its employment practices, subcontracting practices, or delivery of goods or services on the basis of any characteristic protected by applicable law, including race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity or expression, or political affiliation.

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

17. TAX EXEMPTION: The County is exempt from provisions of Virginia Sales and Use Taxes and Federal Excise

Taxes. Frederick County's Federal Excise Tax Exemption Number is 54-6001290.

18. DEBARMENT STATUS: By contracting with the County, the Contractor certifies that they are not currently debarred from participating in contracts by the County, nor are they an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by the County or any agency, public entity/locality or authority of the Commonwealth of Virginia.

19. CONTRACTOR’S FORMS/BOILERPLATE CONTRACTS: All written agreements, contracts, service agreements, account applications, forms and…