844167stoneStaff.pdf

INVITATION FOR BID

Issue Date: Wednesday, September 9, 2026

IFB No. 26103-R

Construction Aggregate Materials – Revised

Stone Lot Only

Bid Due Date/Time:

September 22, 2026 at 2:00 PM local prevailing time

Bid Opening Date/Time:

September 17, 2026, at 2:15 PM local prevailing time

Questions Due Date/Time:

Questions from Bidders must be received by September 16th, 2026 at 2:00 PM local prevailing time. Questions must be emailed to the Contracts Officer listed below. The subject line must include IFB #26103-R or your question(s) may not be received and answered in a timely manner. The County is not responsible for verbal clarification of information provided by parties other than staff of the

Procurement Division.

Electronic bid submission via eVA.virginia.gov ONLY!

For help in submitting your bid in the eVA system, please call eVA Customer Care 1-866-289-7367 or visit https://eva.virginia.gov/get-help-customer-care-forms.html

Contracts Officer

Nigel Brown

(540) 658-8697

Email: Procurement@StaffordCountyVA.gov https://eva.virginia.gov/get-help-customer-care-forms.html

IFB 26103-R Page 2 of 37

TERMS &

CONDITIONS

In compliance with this IFB and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

BIDDER INFORMATION

Virginia Contractor License No. ☐Required ___________________________________________

☐Not Required

Name of Firm:

Address of Firm:

By (Signature) Date:

Name (print) Title (print)

Phone: Email:

In accordance with Virginia Code § 2.2-4343.1, as amended, Stafford County does not discriminate against faith-based organizations. The County does not discriminate against a bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law.

IFB 26103-R Page 3 of 37

TABLE OF CONTENTS

1. PURPOSE

2. SCOPE OF WORK/SPECIFICATIONS

3. DELIVERY LOCATIONS

4. AWARD

5. PRE-BID CONFERENCE

6. SITE VISIT

7. BID CHECKLIST

8. BIDDER’S INSTRUCTIONS

9. METHOD OF PAYMENT

10. GENERAL CONDITIONS

11. BIDDER REMEDIES

12. CONTRACTUAL TERMS AND CONDITIONS

13. SPECIAL TERMS AND CONDITIONS

14. REFERENCES

15. TRADE SECRETS/PROPRIETARY INFORMATION IDENTIFICATION

16. SWAM VENDOR DATA FORM

17. VIRGINIA STATE CORPORATION COMMISSION (SCC) REGISTRATION

INFORMATION

IFB 26103-R Page 4 of 37

NOTE TO PROSPECTIVE BIDDERS:

• This solicitation is subject to the provisions of the Stafford County Invitation for Bid (IFB) and any attachments, exhibits, revisions or amendments thereto, which are hereby incorporated into this bid in their entirety. If not attached, a copy of these terms and conditions is available for review at the Procurement Division. Special Terms and Conditions and Specifications attached shall also be part of your bid. The Bid Package and the Construction Plans (as applicable) are available at no charge on the Commonwealth of Virginia’s electronic procurement system, eVA, www.eva.virginia.gov and the County Website. Please be observant of all Bid instructions and specifications. Should any questions arise concerning this Bid, contact the Procurement Division at Procurement@StaffordCountyVA.gov.

• Please note the meaning of the following terms as used in this Invitation for Bid (IFB): The term

“bidder” as referenced in this solicitation refers to the individual or firm preparing and submitting a bid in response to this Invitation for Bid. The term “Contractor” refers to an individual or firm that has entered into an agreement to provide goods or services to Stafford County, Virginia, its officers, employees and agents (the “County”). In addition, it also refers to a firm who, when awarded the contract, will be responsible for goods and services required, as a result of this solicitation.

http://www.eva.virginia.gov/ mailto:Procurement@StaffordCountyVA.gov

IFB 26103-R Page 5 of 37

1. PURPOSE

The purpose of this Invitation for Bid (IFB) -Revised is to solicit bids from qualified bidders to establish a term contract to provide Stone products (referred to as “Materials”) to the County on an as-needed basis.

This IFB is a rebid of 26103- Construction Aggregate Materials, for Lot 1 - Stone, as further described in Section 2 – Scope of Work/Specifications.

The County intends for this IFB to result in one contract for Lot 1 – Stone with qualified contractors to provide the construction materials in accordance with the terms, conditions, and specifications of this IFB and resulting contract, if awarded. Award will be made with an initial term of one (1) year and four (4) one-year renewal options.

2. SCOPE OF WORK/SPECIFICATIONS

2.1 Contractor shall provide all labor, materials, and transportation* necessary to furnish and deliver Materials as per Attachment A – “Pricing Schedule” to various County locations on an as-needed basis. *pricing schedule shall be filled out to provide unit cost per ton

(delivered) and (picked up)- award will be determined by lowest bid for delivered pricing.

See Attachment A for more information.

All Materials shall conform to the most recent version (or section update) of the VDOT Road and Bridge Specifications. Any material not listed in the specifications must be approved by the County prior to delivery.

VDOT_2020_RB_Specs_acc071522.pdf

All Materials shall be sourced from a VDOT approved vendor as listed in the most recent version of “Materials Approved List”.

January 2026 Materials Approved List

All Materials shall conform to any additional requirements as detailed in the most recent version of the VDOT Materials Manual of Instruction Materials Manual of Instructions | Virginia Department of Transportation

2.2 Delivery Requirements

2.2.1 The Contractor shall make deliveries of Materials the next business day after an order is placed via County Purchase Order, unless another delivery date is approved by the County.

Deliveries shall be during normal hours of operations, 8 a.m. to 4:30 p.m., Monday through Friday, except for County observed holidays and closings, unless otherwise approved by the

County.

2.2.2 The Contractor shall tailgate spread deliveries when requested by the County at no additional charge.

2.2.3 If the County does not request tailgate spread, then deliveries shall be stockpiled in a location designated by County staff.

2.2.4 Deliveries shall be made in a neat and business-like manner.

https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/technical-guidance-and-support/technical-guidance-documents/construction/VDOT_2020_RB_Specs_acc071522.pdf https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/technical-guidance-and-support/materials/materials-approved-list_acc.pdf https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/materials-manual-of-instructions/

IFB 26103-R Page 6 of 37

2.2.5 Contractor is responsible for cleaning up spills incidental to deliveries at Contractor’s expense.

2.3 The County reserves the right to pick up Materials from the Contractor with County furnished vehicles. Pricing must be provided for both delivery and pick-up, though award will be determined by the lowest price for delivered pricing.

3. DELIVERY LOCATIONS

3.1 DELIVERY LOCATIONS

Delivery of Materials shall be made to the following locations, specified at the time of order.

3.3.1 GRIFFIS-WIDEWATER

Smith Lake Water Treatment Facility

360 Doc Stone Road Stafford, VA 22556

Smith Lake Park

358 Doc Stone Road

3.3.2 GARRISONVILLE

Embrey Mill Park

1600 Mine Road Stafford, VA 22554

Autumn Ridge Park

500 Eustace Road

Woodlands Pool 2 Northampton Blvd

3.3.3 HARTWOOD

Lake Mooney Water Treatment Facility

500 Greenbank Road Fredericksburg, VA 22406

Willowmere Park 21 Willowmere Pond Road

Curtis Memorial Park 58 Jesse Curtis Lane

Musselman Park

275 Enon Road

IFB 26103-R Page 7 of 37

3.3.4 AQUIA

Field Operations

71 Coal Landing Road

Aquia Wastewater Treatment Facility

75 Coal Landing Road

Stafford County Landfill

489 Eskimo Hill Road

Aquia Landing Park 2846 Brooke Road

Courthouse Community Center 29 Stafford Avenue

Government Island Park

191 Coal Landing Road

Patawomeck Park

25 Chopawamsic Parkway

Carl Lewis Community Center

154 Telegraph Road

3.3.5 FALMOUTH

Chichester Park

125 Ralph Williams Drive

Fredericksburg, VA 22405

Rowser Annex

1729 Jefferson Davis Highway

Stafford Civil War Park

400 Mt. Hope Church Road

3.3.6 GEORGE WASHINGTON

Little Falls Run Wastewater Treatment Facility

IFB 26103-R Page 8 of 37

100 Michael Scott Lane

Fredericksburg, VA 22405

St. Clair Brooks Memorial Park

80 Butler Road

Falmouth, VA 22405

3.3.7 Additional delivery locations within Stafford County may be added at the County’s discretion.

4. AWARD

4a. LOWEST RESPONSIVE AND RESPONSIBLE BIDDER.

The contract will be awarded to the lowest responsive and responsible bidder for Lot 1

– Stone for delivered pricing. The bidder must fill out pricing for each item in the lot to be considered.

a. A responsive bidder shall mean a bidder who has submitted a bid which conforms, in all material respects, to the bidding documents.

b. Responsible bidder shall mean a bidder who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will ensure good faith performance. In determining responsibility, the following criteria will be considered:

i. The ability, capacity and skill of the bidder to perform the contract or provide the service required;

ii. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

iii. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

iv. The quality of performance of previous contracts or services. For example, the following information will be considered:

1. The administrative and consultant cost overruns incurred by County on previous contracts with bidder,

2. The bidder's compliance record with contract general conditions on other projects,

3. The submittal by the bidder of excessive and/or unsubstantiated extra cost proposals and claims on other projects,

4. The bidder's record for completion of the work within the contract time or within contract milestones and bidder's compliance with scheduling and coordination requirements on other projects,

5. The bidder's demonstrated cooperation with the County, Engineer and other contractors on previous contracts,

6. Whether the work performed and materials furnished on previous contracts was in accordance with the contract documents, and

7. Whether the work performed on other contracts was of high quality;

v. The previous and existing compliance by the bidder with laws and ordinances relating to contracts or services;

IFB 26103-R Page 9 of 37

vi. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

vii. The quality, availability and adaptability of the goods or services to the particular use required;

viii. The ability of the bidder to provide future maintenance and service for the warranty period;

ix. The number and scope of the conditions attached to the bid;

x. Whether the bidder is in arrears to Stafford County on debt or contract or is a defaulter on surety to Stafford County or whether the bidder's Stafford

County taxes or assessments are delinquent; and

xi. Such other information as may be secured by the County, having a bearing on the decision to award the contract, to include, but not limited to:

1. The ability, experience and commitment of the bidder to properly and reasonably plan, schedule, coordinate and execute the work,

2. Whether the bidder has ever been debarred from bidding or found ineligible for bidding on any other projects.

c. The purpose of the above is to enable the County, in its opinion, to select the bid which is in the best interests of the County. The ability of the low bidder to provide the required bonds will not of itself demonstrate responsibility of the bidder.

d. The County reserves the right to require from the bidder: (1) submissions of additional references, to include a listing of previous and current projects and (2) financial statements indicating current financial status prepared in accordance with generally accepted accounting principles, by a CPA licensed to do business in

Virginia.

5. PRE-BID CONFERENCE

INTENTIONALLY LEFT BLANK.

6. SITE VISIT

INTENTIONALLY LEFT BLANK.

7. BID CHECKLIST

7a. Bidders are required to include the following with their bid. Failure to provide these items will result in rejection of the bid.

A. IFB Coversheet

B. Attachment A - Pricing Schedule

7b. Bidders are requested to include the following with their bid. Failure to provide these items may result in rejection of the bid.

A. Reference List

B. Certification of Safety Violations Form

C. SWAM Vendor Data Form

D. State Corporation Commission Form E. ICT Accessibility Certification Form

F. Any IFB Addenda

IFB 26103-R Page 10 of 37

8. BIDDER’S INSTRUCTIONS

8a. BID FORMS. Unless otherwise specified in the solicitation, all bids must be (i) submitted on the forms provided by the County, including the bid Cover Sheet and

Pricing Schedule(s); and (ii) properly signed in the identified spaces.

8b. ACCEPTANCE OF BIDS/BINDING 90 DAYS. Unless otherwise specified, all formal bids submitted shall be binding for ninety (90) calendar days following bid opening date, unless extended by mutual consent of all parties.

8c. BID OPENING. All bids received in response to an Invitation for Bid (IFB) will be opened at the date and time specified, read publicly via Microsoft Teams and made available for inspection. The Total Response amount will be read aloud during the public bid opening.

If an emergency, unanticipated event, or closing of Stafford County offices interrupts or suspends normal County business operations so that the bid opening cannot be held, then bids will be opened at the same time of day specified on the first work day that normal Stafford County business operations resume.

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/285525193781285?p=MZIaqq0ewd7FnxOLH9

Meeting ID: 285 525 193 781 285

Passcode: pk7hz3g5

Tabulations of bids received are posted on eVA.

8d. MODIFICATION OR WITHDRAWAL OF BID.

A. Clerical Mistake. A bidder may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith and the mistake was a clerical mistake, as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

B. Clerical and Judgement Mistake. If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of https://teams.microsoft.com/meet/285525193781285?p=MZIaqq0ewd7FnxOLH9

IFB 26103-R Page 11 of 37 original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

C. Notice. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

D. No bid shall be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent (5%).

E. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

8e. LATE BIDS.

A. Bids will not be available for upload to eVA after the date and time set for receipt of bids. Late bids will not be considered.

8f. CONDITIONAL BIDS. Conditional bids may be rejected in whole or in part.

8g. INTENTIONALLY OMITTED

8h. ERRORS IN BIDS. When an error is made in extending total prices, the unit bid price will govern. Erasures in bids must be initialed by the bidder. Bidders are cautioned to recheck their bids for possible error. Errors discovered after public opening cannot be corrected and the bidder will be required to perform if its bid is accepted.

8i. OMISSIONS & DISCREPANCIES. Any items or parts of any equipment listed in this solicitation that clearly necessary for the operation and completion of such equipment, but are: (i) not fully described by the County; or (ii) are omitted by the County from such specification, shall be considered a part of such equipment even if not directly specified or called for in the specifications. If a bidder finds discrepancies or ambiguities in, or omissions from, the solicitation, including the drawings and/or specifications, it shall notify the Contracts Officer by the due date and time for

Questions listed on the first page of this IFB, and prior to the date set for the opening of bids.

8j. NEGOTIATION WITH RESPONSIBLE AND RESPONSIVE BIDDER. If the bid of the lowest responsive and responsible bidder exceeds the available funds for such project, the Procurement Director or designee may negotiate with the apparent low bidder in order to obtain a contract price within available funding limits.

Such negotiation may include, but is not necessarily limited to:

A. Reduction of scope, goods, services, insurance, or construction procured.

B. Adjustment of the bid price.

C. Substitution of materials.

D. Changes in the period for project completion.

IFB 26103-R Page 12 of 37

E. The conditions and procedures for such negotiations shall be as set out in the

Procurement Policies and Regulations Stafford County, Virginia, as last revised

(“Stafford County Procurement Policy”).

Notwithstanding the foregoing, the Procurement Director has the right to cancel any solicitation, to reject any or all bids, even after negotiations with the low bidder and to waive any informality in bids.

8k. DEBARMENT. By submitting a bid, the bidder is certifying that he/she is not currently debarred by the State.

8l. TAX EXEMPTION. The County is exempt from the payment of any federal excise or any Virginia sales tax. Stafford County's Federal Excise Tax Exemption Number is

0001910140.

8m. PROHIBITION AGAINST UNIFORM PRICING. The Procurement Director encourages open and competitive bidding by all possible means and endeavors to obtain the maximum degree of open competition on all purchase transactions using the methods of procurement authorized by Stafford County Procurement Policy and VPPA.

Each bidder, by virtue of submitting a bid, guarantees that it has not been a party with other bidders to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render void the bids of participating bidders. Any disclosure to or acquisition by a competitive bidder, in advance of the opening of the bids, of the terms or conditions of the bid submitted by another competitor may render the entire proceedings void and may require re-advertising for bids.

8n. COOPERATIVE PURCHASING This procurement is being conducted by the County in accordance with the provisions of Virginia Code § 2.2-4304, as amended. If agreed to by the contractor, other public bodies may utilize this contract, except for (1) contracts for architectural and engineering services; or, (2) construction contracts. The contractor shall deal directly with any public body it authorizes to use the contract. The County, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the contractor and any other public bodies, and in no event shall the County, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a

Stafford County contract. The County assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may conduct such notification.

8o. OFFICIALS NOT TO BENEFIT. Each bidder shall certify, upon signing a bid, that to the best of their knowledge no Stafford County official or employee having official procurement responsibility as provided in Article 6 of the Stafford County Procurement

Policy, or member of their immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract.

8p. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH.

A bidder organized or authorized to transact business in the Commonwealth pursuant to

Title 13.1 or Title 50 of the Code of Virginia shall include in its bid the identification

IFB 26103-R Page 13 of 37 number issued to it by the State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its bid a statement describing why the bidder is not required to be so authorized. Any bidder described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this Article is granted by the County Administrator

(https://cisiweb.scc.virginia.gov/z_container.aspx).

8q. W-9 FORM. In the event of a contract award, this information is required in order to issue purchase orders and payments the bidder. A copy of this form can be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf.

9. METHOD OF PAYMENT

The Contractor will be paid on the basis of invoices submitted. Payments will be made thirty

(30) days after receipt of a proper invoice or receipt of goods or services, whichever is later.

The Department will have the option of paying the Contractor in less than thirty (30) days if a discount is offered for expedient payment.

Invoices shall be submitted to the following address:

County of Stafford, Virginia Department of Utilities

Attn: Mark Gunderson

P.O. Box 339 Stafford, VA 22555

10. GENERAL CONDITIONS

10a. BRAND NAME OR EQUAL ITEMS. Unless otherwise provided in the IFB, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired. Any article that 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 for clearly and specifically identifying the product being offered and providing sufficient descriptive literature, catalog cuts 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. 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 is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

10b. SPECIFICATIONS. When a solicitation contains a specification that states no substitutes, no deviation therefrom will be permitted and the bidder will be required to furnish articles in conformity with that specification. The bidder must abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever the mention is made of any articles, material, or workmanship to be in accordance with laws, ordinances, building https://cisiweb.scc.virginia.gov/z_container.aspx http://www.irs.gov/pub/irs-pdf/fw9.pdf

IFB 26103-R Page 14 of 37 codes, or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as to the minimum requirements of these specifications.

10c. SUBCONTRACTS. No portion of the work shall be subcontracted without prior written consent of the County. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the County the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

10d. VIRGINIA FREEDOM OF INFORMATION ACT. All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act, Virginia Code § 2.2-3700 et seq., except as provided below:

A. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

B. Any competitive sealed bidding 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 decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract.

C. The County reserves the right to impose restrictions over the inspection of procurement transaction records to ensure the security and integrity of the records.

D. Trade secrets or proprietary information submitted by a bidder in connection with a procurement transaction shall not be subject to the Virginia Freedom of

Information Act (§ 2.2-3700 et seq.) if the bidder has (i) invoked the protections of this section prior to or upon submission of the data or other materials, (ii) identified the data or other materials to be protected, and (iii) stated the reasons why protection is necessary. When applicable, bidder shall submit the Trade Secret /

Proprietary Information Identification Form with his/her bid. A bidder shall not designate as trade secrets or proprietary information (a) an entire bid; (b) any portion of a bid that does not contain trade secrets or proprietary information; or (c) line item prices or total bid prices.

10e. NOTICE OF ACCEPTANCE/CONTRACT DOCUMENTS: A written award mailed, emailed, or otherwise furnished to the successful bidder within the time for acceptance specified in the solicitation shall result in a binding contract. The following documents, which are included in the solicitation, are incorporated by reference in and made part of the resulting contract: a. Instructions for Bidders and Attachments; b. any

Special Provisions and Specifications; c. Pricing Schedule; e. Any Addenda/Amendments.

10f. TIE-BIDS:

a) When two or more responsible bidders submit bids, which are responsive and contain identical prices, preference shall be given to the bidder whose principal place of business is in Stafford County (“Stafford

County bidder”). In the event that there is no Stafford County bidder, or that this does not resolve the tie, preference shall be given to the bidder

IFB 26103-R Page 15 of 37 whose principal place of business is in the Commonwealth of Virginia

(“Virginia bidder”).

b) In the event that there is no Virginia bidder, or that this does not resolve the tie, preference shall be given to bidders that produce the goods or services in the Commonwealth of Virginia, otherwise the tie shall be decided by lot.

c) Whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a preference, a like preference shall be allowed to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder. If the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a price-matching preference, a like preference shall be allowed to responsive and responsible bidders who are residents of Virginia. If the lowest bidder is a resident contractor of a state with an absolute preference, the bid shall not be considered.

d) Notwithstanding the provisions of subsections (a) and (b), in the case of a tie bid in instances where goods are being offered, and existing price preferences have already been considered, preference shall be given to the bidder whose goods contain the greatest amount of recycled content.

e) For the purposes of this section, a Virginia person, firm or corporation shall be deemed to be a resident of Virginia if such person, firm or corporation has been organized pursuant to Virginia law or maintains a principal place of business within Virginia.

10g. DEFINITE BID QUANTITIES: Intentionally Omitted.

10h. REQUIREMENT BID QUANTITIES: On "Requirement" bids, acceptance will bind the County to pay for, at unit bid prices, only quantities ordered and delivered. Where the County specifies estimated quantities, the Contractor shall not be required to deliver more than ten (10) percent in excess of the estimated quantity of each item, unless otherwise agreed upon.

10i. SMALL, WOMEN-OWNED, MINORITY-OWNED, SERVICE DISABLED

VETERAN-OWNED BUSINESS AND EMPLOYMENT SERVICE

ORGANIZATIONS. The County strongly encourages increasing opportunity for use of these businesses in all aspects of procurement to the maximum extent feasible.

Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to small, women, minority, service disabled veteran-owned businesses and employment service organizations.

10j. DELIVERY FOB DESTINATION. All goods shall be delivered FOB Destination to the County Using Department, at the time and place specified in the contract documents. Unless otherwise specified in the solicitation each case, container, package, etc., delivered under the contract must be plainly marked, stating the

Contractor's name, purchase order number, and delivery address as indicated in the order. No deliveries will be accepted on Saturdays, Sundays and holidays, unless previous arrangements have been made.

10k. INSPECTION-ACCEPTANCE: Acceptance shall occur only after receipt and inspection provided such inspection, as appropriate, is accomplished within a

IFB 26103-R Page 16 of 37 reasonable time. The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

10l. GUARANTEES & WARRANTIES. All guarantees and warranties required shall be furnished by the bidder and shall be delivered to the Procurement Director before contract execution. Unless otherwise stated, manufacturer's standard warranty applies.

10m. INSURANCE. In addition to any other forms of insurance or bonds required in the

Specifications, the Contractor shall provide and maintain the following insurance:

A. Workers’ Compensation and Employer’s Liability: Workers' Compensation insurance in accordance with statutory requirements, and Employer's Liability insurance in limits of not less than $500,000 (each employee) or a maximum limit of $1,000,000, to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia.

B. Automobile Liability: A minimum of $2,000,000 combined single limit for each occurrence for property damage liability and bodily injury liability including death in Automobile Liability coverage. The policy shall cover all persons involved, at any time, and arising out of the ownership, maintenance, or use of owned, non-owned, borrowed, leased, rented, or hired automobiles. In addition, all mobile equipment used by the Contractor in connection with the contracted work, will be insured under a standard Automobile Liability policy. The Garage Keeper's

Liability coverage shall also be maintained where appropriate.

C. Comprehensive General Liability: Comprehensive General Liability insurance at a minimum $1,000,000 per occurrence, written on an occurrence basis, including ongoing and completed operations; contractual liability; and $2,000,000 general aggregate. In addition, Comprehensive General Liability policy shall include a per project aggregate endorsement. Completed project aggregate endorsement shall continue in force for three (3) years following completion of the Contract.

D. INTENTIONALLY OMITTED

E. Additional insurance provisions that apply to all Contracts include:

(i) Additional Insured: The Stafford County Board of Supervisors, its officers, employees, agents, and volunteers shall be named as Additional Insured on the Automobile and Comprehensive General Liability coverage listed above, and it shall be stated on the insurance certificate that this coverage "is primary and non-contributory to all other coverage the County may possess."

(ii) Liability Insurance "Claims Made" basis: If the liability insurance purchased by the contractor has been issued on a "claims made" basis, the contractor must comply with the following additional conditions. The limit of liability and the extensions to be included as described previously in these provisions, remain the same. The contractor must either:

1. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract. This certificate shall evidence a "retroactive date" no later than the beginning of the contractor's or subcontractor's work under the contract, or

2. Purchase the extended reporting period endorsement for the policy or policies in force during the term of the contract and evidence the

IFB 26103-R Page 17 of 37 purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

(iii) Excess or Umbrella Liability Policy: Liability insurance may be arranged by

Comprehensive General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella

Liability policy.

F. All contractors shall provide thirty days (30) notice of cancellation of any insurance policy. Each of the policies shall include a waiver of subrogation against Stafford County, its officers, employees, agents and volunteers.

G. The insurance specified herein shall be with an insurance company acceptable to the parties hereto and licensed to do business in the Commonwealth of Virginia.

All insurance must be obtained before any work is commenced and kept in effect until its completion. If any of the work is sublet, similar insurance shall be obtained by or on behalf of the subcontractor to cover their operation.

H. Current insurance certificates documenting compliance with these coverage requirements shall be provided to the Procurement Director prior to the award of any contract.

11. BIDDER REMEDIES

11a. APPEAL OF DENIAL OF WITHDRAWAL OF BID. The County Administrator or a designee shall hear appeals of protests to the Director of Finance decision for refusal to allow withdrawal of bids. The County Administrator or a designee shall provide for a hearing, the opportunity to present pertinent information and shall issue a written decision containing findings or facts. The findings of fact shall be final and conclusive and shall not be set aside unless the same are fraudulent or arbitrary or capricious, or so grossly erroneous as to imply bad faith. No determination on an issue of law shall be final if appropriate legal action is instituted in a timely manner. A bidder may not institute legal proceedings until all administrative remedies as set forth herein or as required by the ordinances or resolutions of Stafford County have been exhausted.

11b. APPEAL OF DETERMINATION OF NONRESPONSIBILITY.

A. Any bidder who, despite being the apparent low bidder, is determined not to be a responsible bidder, shall be notified in writing by the Director of Finance of (i) the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the apparent low bidder an opportunity to inspect any documents that relate to the determination, if so requested by the bidder within five business days after receipt of the notice.

B. Within ten business days after receipt of the notice, the bidder may submit rebuttal information challenging the evaluation. The Director of Finance shall issue its written determination of responsibility based on all information in the possession of the County, including any rebuttal information, within five business days of the date the County received the rebuttal information. At the same time, the Director of Finance shall notify, with return receipt requested, the bidder in writing of its determination. The determination of nonresponsibility shall be final unless the bidder appeals the decision within ten days after receipt of the determination.

IFB 26103-R Page 18 of 37

C. If, upon appeal to the County Administrator or his designee, it is determined that the decision of the Director of Finance, was arbitrary or capricious, or otherwise in error and the award for the particular County contract in question has not been made, the sole relief available to the bidder shall be a finding that the bidder is a responsible bidder for the County contract in question.

D. Where the award has been made and performance has begun, the County may declare the contract void upon a finding that this action is in the best interest of the County. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

11c. PROTEST OF AWARD OR DECISION TO AWARD.

A. Any bidder may protest the award or decision to award a contract by submitting a protest in writing to the Director of Finance no later than ten (10) calendar days after the award or the announcement of the decision to award, whichever occurs first; provided, however, that no protest shall lie for a claim that the selected bidder is not a responsible bidder. The written protest shall include the basis for the protest and the relief sought. The Director of Finance shall issue a decision in writing within ten (10) calendar days of the receipt of the protest stating the reasons for the action taken. This decision shall be final unless the bidder appeals within ten (10) calendar days of receipt of the written decision.

B. If prior to award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Director of Finance shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be declared void by the County. Where the award has been made and performance bas begun, the Director of Finance may declare the contract void upon a finding that this action is in the best interest of the County. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

C. Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this paragraph shall not be affected by the fact that a protest or appeal has been filed.

D. An award need not be delayed for the period allowed a bidder to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.

12. CONTRACTUAL TERMS AND CONDITIONS

12a. PAYMENT. Payment shall be made after satisfactory performance that is in accordance with all provisions of the contract, and upon receipt of a properly completed invoice. The County reserves the right to withhold any or all payments or

IFB 26103-R Page 19 of 37 portions thereof for contractor's failure to perform in accordance with the provision of the contract or any subsequent modifications.

12b. PARTIAL PAYMENTS. Unless otherwise specified, partial payments will be made upon acceptance of materials or services so invoiced if in accordance with completion date.

12c. PAYMENT FOR EQUIPMENT AND INSTALLATION. When equipment requires installation (which includes erection, setting up or placing in position, service, or use) and testing, and the installation or testing is delayed, payment may be made based on 50% of the contract price when such equipment is delivered on the site. A further allowance of 25% may be made when the equipment is installed and ready for test. The balance shall be paid after the equipment is tested and found to be satisfactory. If the equipment must be tested, but installation is not required to be made by the contractor or if the equipment must be installed but testing is not required, payment may be made based on 75% at the time of delivery and the balance shall be paid after satisfactory test or installation is completed.

12d. PRICE INCREASES. Price increases may be negotiated only at the time of renewal.

Upon a determination by the County to renew this contract for an additional term, written notification will be given to the contractor. If the County elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the most recent contract term by PPI, Series ID WPS 132101 for nonmetallic mineral products – construction sand, gravel and crushed stone, seasonally adjusted, or 3%, whichever the lesser.

12e. MOST FAVORED NATION. If the contractor makes a general price reduction for any material covered by the IFB to customers generally, an equivalent price reduction shall apply to this contract for the duration of the contract period (or until the price is further reduced). Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to customers generally. For purpose of this provision, a "general price reduction" shall mean any horizontal reduction in the price of an article or service offered (i) to contractor's customers generally, or (ii) in the contractor's price schedule for the class of customers (i.e., wholesalers, jobbers, or retailers), which was used as the basis for bidding on this solicitation. An occasional sale at a lower price, or sale of distressed merchandise at a lower price is not a "general price reduction" under this provision. The contractor shall submit its invoice at such reduced prices indicating on the invoice that the reduction is pursuant to the "Price

Reduction" provision of the contract documents. The contractor will also within ten

(10) days of any general price reduction notify the Procurement Director of such reduction by letter. Failure to do so may result in termination of the contract.

12f. PRICE RENEGOTIATION. The County reserves the right, at any time during the contract term or any extension of the term, to renegotiate with the contractor a reduction in the compensation paid to the contractor that is less than the compensation initially agreed to by the contractor and the County at the time of contract execution/issuance of the purchase order. The County may initiate such negotiations whenever the County determines that it is in the County’s best fiscal interests to do so.

Notwithstanding any other provision of this contract/purchase order to the contrary; the

County may terminate the contract/purchase order immediately and without penalty if the County is unable to renegotiate the compensation with the contractor to an amount which the County determines to be appropriate.

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12g. CONTRACT EXTENSION. The County has the right to extend any contract(s) awarded as a result of this IFB for up to one hundred eighty (180) days following any term on the contract.

12h. NON-APPROPRIATION OF FUNDS. The obligations of the County to pay compensation due to the contractor pursuant to the contract or any other payment obligations under any contract awarded pursuant to this contract are subject to appropriations by the Stafford County Board of Supervisors to satisfy payment of such obligations. The County’s obligations to make payments during subsequent fiscal years are dependent upon the same action. If such appropriation is not made for any fiscal year, the contract shall terminate effective at the end of the fiscal year for which funds were appropriated and the County will not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. The County will provide contractor with written notice of non-appropriation of funds 30 days after action is completed by the Board of Supervisors, but failure to give such notice shall be of no effect and the County shall not be obligated under the contract beyond the date of termination specified in the County’s written notice.

12i. TERMINATION FOR CONVENIENCE. A contract may be terminated in whole or in part by the County in accordance with this clause whenever the Procurement

Director determines that such a termination is in the best interest of the County. Any such termination shall be effected by delivery to the contractor of a Notice of

Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services.

12j. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the contractor fails to fulfill in a timely and proper manner its obligations under the contract, or if the contractor violates any of the covenants, agreements, or stipulations of the contract, the County shall have the right to terminate the contract. Any such termination shall be effected by mailing or delivery to the contractor of a Notice of

Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. In such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, and reports prepared by the contractor under the contract shall, at the option of the County, become its property and the contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Termination of the contract for cause does not relieve the contractor of liability to the County for damages sustained by the County by virtue of any breach of contract by the contractor until such time as the exact amount of damages due to the County from the contractor is determined.

12k. DELIVERY/SERVICE FAILURES.

A. In case any items are defective in material or workmanship or otherwise not in conformity with the requirements of the bid, the County shall have the right either to reject them (with or without instructions as to their disposition) or to require their correction.

B. Items which have been rejected or required to be corrected shall be removed or, if permitted or required by the Procurement Director, corrected in place by and at the

IFB 26103-R Page 21 of 37 expense of the contractor promptly after notice, and shall not thereafter be tendered for acceptance unless the former rejection or requirement of correction is disclosed.

C. If the contractor fails promptly to remove such items which are required to be removed or promptly to replace or correct such items, the County may either (i) by contract amendment or otherwise, replace or correct such items and contractor shall reimburse the County, within a reasonable time specified by the Procurement Director, for any reasonable expense incurred in excess of the contract prices; or terminate the contract for default as provided below.

D. Unless the contractor corrects or replaces such items within the delivery schedule, the Procurement Director may require the delivery of such items at a reduction in price, which is equitable under the circumstances.

E. Acceptance or…