RFQ 27018 E-Waste Recycling and Hauling

September 23, 2026

REQUEST FOR QUOTES

RFQ 27018

Request for Quotes to Provide

E-Waste Recycling and Hauling

Stafford County will accept quotes no later than

October 13, 2026

Quotes will be received via www.eva.virginia.gov ONLY.

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

Please be observant of all instructions and specifications. Should any questions arise concerning this

Request for Quote, contact the Procurement Division at Procurement@staffordcountyva.gov The subject line must include RFQ#27018 or your question(s) may not be received and answered in a timely manner. Questions must be received via email no later than October 07, 2026 at 11:00 A.M.

Stafford County reserves the right to accept or reject, in whole or part, any and all responses and to waive informalities.

Stafford Procurement Division

Phone 540-658-4336

Email: procurement@staffordcountyva.gov http://www.eva.virginia.gov/ https://eva.virginia.gov/get-help-customer-care-forms.html mailto:Procurement@staffordcountyva.gov mailto:procurement@staffordcountyva.gov

1. Purpose:

The purpose of this Request for Quote (RFQ) is to solicit Quotes from qualified offerors to provide all labor, sorting, equipment, material, supplies, and other resources required to sort, load, transport, and recycle electronic equipment waste (e-waste) on an on-call basis for the Rappahannock Regional Solid

Waste Management Board and Stafford County (R-Board and Stafford County) from the Regional

Landfill, 489 Eskimo Hill Road, Stafford, VA 22554 and the Belman Road Convenience Center, 1200

Belman Road, Fredericksburg, VA 22401. E-waste generated by residents in the City of Fredericksburg and Stafford County is collected through the R-Board’s electronics program.

The County intends for this RFQ to result in one (1) contract with qualified contractors to purchase and haul e-waste in accordance with the terms, conditions, and specifications of this RFQ and resulting contract, if awarded. The award will be made with an initial term of two (2) years and three (3) one year renewal options.

2. Background:

The R-Board/Landfill is located at 489 Eskimo Hill Road, Stafford, VA 22554 and the Belman Road

Convenience Center is located at 1200 Belman Road, Fredericksburg, VA 22401. The Landfill operates during the hours of 8:00 a.m. to 4:30 p.m., Monday – Friday, 8:00 a.m. – 3:00 p.m., Saturday and Sunday.

Facilities are closed on the holidays listed below:

• New Year’s Day

• Easter Sunday

• Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• Christmas Eve (noon)

• Christmas Day

The R-Board currently collects an average of 8,000 pounds of electronic waste (e-waste) annually, including cell phones, computer towers, iPads/tablets, laptops, and printers. At present, R-Board staff are responsible for sorting, handling, and transporting the collected materials to electronics recycling facility.

The annual e-waste quantities provided are for informational and planning purposes only and do not constitute a guarantee of the actual volume that will be generated or available during the contract term.

3. Scope of Work/Specifications

The Contractor shall complete the scope of work in accordance with the terms, conditions and specifications contained herein.

Tasks include sorting, loading, and providing transportation for collected e-waste, and processing the e-waste in accordance with the Responsible Recycling (R2) Standard for Electronics Recyclers or e-

Stewards standards.

Offerors shall include in their prices all costs associated with the scope of work described herein, including labor, supplies, equipment, material management and hauling for the Stafford County R-

Board.

a. E-waste Recycling and Hauling: The R-Board seeks to expand its electronics recycling program by transitioning to a comprehensive, full-service e-waste recycling program. The selected contractor will be responsible for providing all labor, equipment, sorting, loading, transportation, and environmentally compliant recycling of accepted electronic materials. The objective is to increase recycling opportunities for residents while improving operational efficiency and ensuring the proper management of electronic waste in accordance with all applicable federal, state, and local regulations.

The R-Board requires the Contractor to provide all equipment and qualified personnel to load, transport, process and recycle e-waste collected at the R-Board, Belman Road Convenience Center and Eskimo Hill locations in accordance with all specifications, terms and conditions specified herein and attached hereto.

If these requirements cannot be met, please provide the level of service(s) your firm is able to provide.

b. General Requirements: The Contractor provides all labor, equipment, material, supplies, and other resources required to package, load, transport, and recycle electronic equipment waste (e-waste) on an on-call basis area at the Eskimo Hill and Belman Road location, every 30 days to an approved permitted electronic waste recycling facility.

The two locations do not have a forklift, loading dock, or pallet jack. The Contractor shall remove all the e-waste from the collection area during each collection event and be weighed at the R-Board’s scales. The

R-Board scales shall be used to determine weights and payments or charges for the material. All electronic waste must be removed in a professional safe manner as expeditiously as possible so not to disrupt R-

Board collection efforts. Equipment may not be stored onsite, unless approved by the Owner.

c. Contractor Equipment: The Contractor shall provide all equipment and staff to load, transport and process the e-waste, including but not limited to, qualified staff, a loader, and vehicle for transportation.

The Contractor shall keep all equipment in good working order and all safety equipment and features of the equipment shall be functioning properly.

d. Scheduling Services: The Contractor shall load and haul the e-waste every 30 days or as requested and shall notify the Owner at least 7 calendar days prior to a collection event. The Owner’s property is open to the public; the Contractor shall take every precaution to ensure the safety of all citizens during loading and transporting operations. All operations must take place between 8:00 A.M. – 4:00 P.M., Monday through Friday while the facility is staffed by R-Board personnel and the scales are in operation.

Any activities outside these operating hours must be approved by the Owner in advance.

e. Specifications: The R-Board collects e-waste including, but not limited to cell phones, computer towers, iPads/tablets, laptops, rechargeable batteries and printers etc. Offers shall provide a list of any items that they will not accept with their response.

f. Pricing: Payment or charges to the R-Board for the e-waste is based on the cost Quote summary. The contractor will pay or charge the R-Board the published price for the month of collection.

g. Optional Site Visit. An optional site visit will be held on October 7th at 9:00 a.m. Interested Offerors shall meet at the Administrative Office located at 473 Eskimo Hill Road, Stafford, VA 22554. Following check-in, the County will escort attendees to the electronics recycling area located at 489 Eskimo Hill

Road, Stafford, VA 22554.

4. MINIMUM QUALIFICATIONS

Submission Information and Requirements:

Responses shall be submitted utilizing the R-Board Residential E-Waste Cost Quote table. Offerors may also submit an alternative cost Quote. Include suggestions on possible alternative pricing and how to establish a contract to cover the changes in the market and providing market tables to utilize to provide cost savings that will allow the County to either make revenue or provide zero cost to the County.

The successful administration of this contract will require close coordination with the R-Board Director, Phil Hathcock, or his designee as the Contract Administrator. This individual is the interpreter of the conditions of the contract and the judge of its performance. He will use all powers under the contract to enforce its faithful performance. The R-Board Director will determine the amount, quality, acceptability, and fitness in all aspects of the work and shall decide all other questions in connection with the work.

Any modifications made must be authorized by the R-Board Director or his designee and issued as a written amendment to the Contract. The Contractor shall work closely with the R-Board Director during this contract to ensure that goods are provided in accordance with the contract.

I. Evaluation Process:

QUOTE EVALUATION CRITERIA. The following criteria will be utilized in the evaluation of Quote to be considered in the award of this contract. Individual criteria have been assigned a weight to reflect relative importance.

Criteria Weight

Demonstrated understanding and approach to provide the services identified in the Scope of

Work.

20%

References stating success, experience, and capabilities of firm in providing the same or similar services.

10%

Demonstrated experience and knowledge in handling, managing, and recycling electronic waste.

10%

Cost 60%

Total 100%

County may limit all of the above to the most qualified offerors. No Offeror is guaranteed an opportunity to explain, supplement or amend its initial response. Offerors should submit their best offer and not assume there will be an opportunity to negotiate, amend or clarify any aspect of their initial submitted response. Therefore, each Offeror is encouraged to ensure that its initial response contains and represents its best and most complete offer.

Offeror should be prepared to conduct face to face presentations or site visits at the time, date and location of County’s choice, should County so request.

County may select for negotiation those offers deemed to be fully qualified and best suited based on the requirements of the RFQ and Offeror’s response. Negotiations may be conducted with these Offerors.

After evaluation, any discussions, if held, and evaluation, the County will select the offer which, in its opinion, represents the best value and may award a contract to that Offeror. The County reserves the right to make an award(s) based on initial offers. For purposes of this RFQ, the County will determine best value based on the value relative to the cost of the services, considering the project's budget objectives.

If any Offeror fails to provide any requested information in a timely manner or fails to negotiate in good faith, the County may terminate negotiations with that Offeror at any time.

County reserves the right, at its sole discretion, to reject any offer, to No Award, or to cancel and re-issue the RFQ.

In addition, the County reserves the right to accept or reject in whole or in part any offer submitted and to waive minor technicalities when in the best interest of the County.

STAFFORD COUNTY SHALL NOT BE CONTRACTUALLY BOUND TO ANY OFFEROR PRIOR TO

THE EXECUTION OF A DEFINITIVE WRITTEN CONTRACT

ATTACHMENT A

PRICE LIST

Instructions for completing R-Board Residential E-Waste Cost Quote:

• Prices shall include and cover all duties, staffing, supplies, handling, and transportation charges and all charges incidental to the requested work.

• Provide any other e-waste products you can pick up not listed on this sheet on a separate document. Make sure to list out the pricing and minimum tons for pickup.

• If you cannot accept an item listed on this sheet, please put N/A for not applicable.

R-Board Residential E-Waste Cost

Item Description

Minimum tons per pickup

USD -

Offeror

Pays

County

USD -

Offeror

Charges

County

Vendor Score

Cell phones

Computer Peripherals

(hubs, keyboards, misc.

cables, mice, switches)

Computer Towers

Computer Parts (lan/wan components, optical media, etc)

CRT monitors

Desktop computers (no peripherals)

Landline phones

(including POTS phone, phone switches, handheld radio units, and base stations)

Laptop computers

LCD monitors

Misc. components, gaming systems, and small electronics, including but not limited to, adapters, batteries, chargers, cameras, etc.)

Miscellaneous Cables and

Wires

Photocopiers, Printers, and Fax Machines

Printer ink and toner

Rechargeable batteries out of electronics (power tool backup batteries, computer batteries, LiPO, Li-Ion, NiMH, and

NiCad batteries

Tablets

Servers or UPS Battery

Back-ups

ATTACHMENT B

VIRGINIA STATE CORPORATION COMMISSION (SCC) REGISTRATION

INFORMATION

The Offeror, ______________________________:

□ is a corporation or other business entity with the following SCC identification number:

_________________________ -OR-

□ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-

□ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in

Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into

Virginia from offeror’s out-of-state location) -OR-

□ is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in

Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the

Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver): □

Authorized Signature Date

Title

ATTACHMENT C

SMALL AND MINORITY BUSINESS ENTERPRISES FORM

The Procurement Policies and Regulations of Stafford County, Virginia and relevant Federal and State Laws, Orders and Regulations, require Stafford County to ensure that its procurement practices are nondiscriminatory and promote equality of opportunity for Small, Women-Owned, Minority-Owned, and Service Disabled Veteran-Owned (SWaM) Business Enterprises.

Definitions:

1. Small Business:

For the purposes of this document a small business concern is one which, regardless of ownership or control:

(a) does not exceed two hundred and fifty (250) employees; or

(b) gross annual income does not exceed ten (10) million dollars.

(c) is independently owned and operated (not subsidiary of another firm).

2. SWaM Business:

A business entity that is operated and controlled by a SWaM entity.

(a) The terms “operated and controlled” shall mean that the managerial and official staff of this entity shall be comprised of minority persons, sufficient in ratio and gross earning to demonstrate that the business transactions are, in fact, controlled by minority persons; and that the primary power, direct or indirect, to influence the management of this entity shall rest with minority persons or a corporation, partnership, or sole proprietorship in which minority persons collectively own, operate, control, and share in earnings of 51 percent or more of such an enterprise.

(b) SWaM entities shall be defined as provided in Virginia Code § 2.2-4310, as amended.

PLEASE CHECK THE FOLLOWING INFORMATION RELEVANT TO YOUR FIRM:

SWaM Business Firm: Yes _____ No_____

Small Business Firm: Yes _____ No_____

The above information is requested for statistical purposes only. All firms tendering responses will receive equal consideration for award.

CONTACT FOR ADMINISTRATION:

NAME: __________________________________________________________________________

ADDRESS (OFFICE): ______________________________________________________________

TELEPHONE (OFFICE): ___________________________________________________________

ATTACHMENT D

REFERENCES

Please provide a minimum of three (3) references. At least one (1) reference must be from a public agency, locality, or organization for which the Offeror has provided similar electronic waste collection, processing, recycling, or disposal services.

1. Agency/Business Name:

Name of Contact: _________________________ Length of Time Performing Services:

Phone: ___________________________________ Email: _______________

2. Agency/Business Name:

Phone: ___________________________________ Email: ______________________

3. Agency/Business Name: ________________________________________________

Phone: ___________________________________ Email: _______________________

4. Agency/Business Name:

Name of Contact: _________________________ Length of Time Performing Services: ____

Phone: ___________________________________ Email: __________________________

5. Agency/Business Name: _____________________________________________

Name of Contact: ____________________ Length of Time Performing Services: ___

Phone: ___________________________________ Email: _______________________

ATTACHMENT E

SAMPLE

STANDARD CONTRACT FOR GOODS AND SERVICES

Contract No. 27018

This Stafford County Standard Contract for Goods and Services (“Standard

Contract”) is entered into by and between the Board of Supervisors of Stafford County, Virginia, or its authorized agents, and the Contractor identified below for goods and services identified herein, on the following terms and conditions. This Standard Contract is prepared in accordance with Chapter 20 of the Stafford County Code.

1. Definitions.

As used in this Standard Contract, the term “County” shall mean the Board of Supervisors of

Stafford County, Virginia, its officers and employees. As used in this Standard Contract, the term “Contractor” shall mean:

Company Name as per SCC

Address 1

Address 2

2. Contract Documents.

The Contract Documents consist of this Standard Contract, together with exhibits and amendments issued or applicable thereto (collectively, “Contract Documents” or “Contract”).

The following exhibit(s) shall be part of the Contract Documents:

a.

Where the terms of this Standard Contract vary from the terms and conditions of the other

Contract Documents, the terms and conditions of this Standard Contract shall take precedence over any other Contract Document. The Contract is not valid unless executed by a duly-authorized agent of the Contractor and the County.

3. Provision of Goods and Services.

The Contractor hereby agrees to provide the electronic waste collection, handling, and related services (“Goods” and “Services”) described in Exhibit B in accordance with the terms and conditions of the Contract Documents. No aspect of the Goods and Services shall be deemed complete until it is accepted by the using County department (“Department”).

4. Contract Term.

The period of the Contract shall be an initial term of two (2) years and three (3) one year renewal options. one-year renewals from the date of execution by the County.

5. Contract Pricing.

The County will pay the Contractor in accordance with the terms of the Payment paragraph below, based on the pricing set forth in Attachment A, for Goods and Services provided by the

Contractor, as described and required in the Contract Documents, and accepted by the County.

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 price(s) of the most recent contract term increased by the CPI (find here), or 3%, whichever the lesser.

6. Payment.

Payment will be made by the County to the Contractor (1) after receipt by the Department of an invoice detailing the Goods and Services provided by the Contractor, and (2) after said Goods and Services have been accepted by the County. The Department will either approve the invoice or require corrections. The County reserves the right to withhold any or all payments or portions thereof for Contractor's failure to perform in accordance with the provisions of the Contract or any subsequent modifications. The interest rate for any late payments shall accrue at rate of one percent (1%) per month. The County shall not be required to pay or reimburse Contractor for any costs including, but not limited to, reasonable attorneys’ fees, incurred by Contractor to collect any overdue amounts, unless said costs are ordered by a court of competent jurisdiction.

7. Purchase Orders.

County purchases are authorized only if a County Purchase Order is issued in advance of the transaction. The County will not be liable for payment for any purchases made by its employees without appropriate purchase authorization issued by the County Director of Procurement or designee (“Contracts Officer”). If the Contractor provides Goods and Services without a signed

County Purchase Order, it does so at its own risk and expense.

8. Ownership of Documents and Materials.

Ownership of all materials and documentation including studies, reports, drawings, specifications, technical memoranda, assessments, and copies of any calculations and analyses

(including electronic files) prepared pursuant to this Contract shall belong exclusively to the

County. These materials and documentation, whether completed or not, shall be the property of the County, whether the work for which they are made is executed or not. The Contractor shall not use these materials on any other work or release any information about these materials without the express written consent of the County.

9. Delivery and Inspection

The Goods shall be delivered FOB destination to the using Department at the time and place specified in the Contract Documents. Upon delivery:

(a) All items received shall be subject to inspection and test by the County, to the extent practicable at all times and places including the place of manufacture, and in any event prior to acceptance.

(b) In case any items are defective in material or workmanship or otherwise not in conformity with the requirements of the Contract, the County shall have the right either to reject them (with or without instructions as to their disposition) or to require https://www.bls.gov/ their correction.

(c) Items which have been rejected or required to be corrected shall be removed or, if permitted or required by the Contracts Officer, corrected in place by and at the 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.

(d) 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

Contracts Officer, for any expense incurred in excess of the Contract prices; or

ii. terminate the Contract for default as provided in Paragraph 12 of this Standard

Contract.

(e) Unless the Contractor corrects or replaces such items within the delivery schedule, the

Contracts Officer may require the delivery of such items at a reduction in price, which is equitable under the circumstances.

Acceptance or rejection of the Goods shall be made as promptly as practicable after delivery, except as otherwise provided in the Contract; but failure to inspect and accept or reject Goods shall neither relieve the Contractor from responsibility for such Goods as are not in accordance with the Contract requirements nor impose liability on the County. The inspection and test by the County of the Goods does not relieve the Contractor from any responsibility regarding defects or other failures to meet the Contract requirements which may be discovered prior to acceptance.

10. Assignability of Contract.

It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet or otherwise dispose of his or her contractual duties to any other person, firm or corporation, without the previous written consent of the Contracts Officer. If the Contractor desires to assign its right to payment of the Contract, Contractor shall notify the Contracts

Officer immediately, in writing, of such assignment of right to payment. In no case shall such assignment of contract relieve the Contractor from its obligations or change the terms of the

Contract.

11. 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 Supervisor, 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 non-appropriation.

12. Termination for Convenience.

(a) The parties agree that the County may terminate the Contract, or any portion thereof, or delivery of Goods required hereunder, from time to time either in whole or in part, whenever the County Administrator of Stafford County shall determine that such termination is in the best interest of the County.

(b) Termination, in whole or in part, shall be effected by delivery of a Notice of

Termination signed by the County Administrator or his designee, mailed or delivered to the Contractor, and specifically setting forth the effective date of termination.

(c) Upon receipt of such Notice, the Contractor shall:

i. cease any further deliveries of Goods or Services due under the Contract, on the date, and to the extent, which may be specified in the Notice;

ii. place no further orders with any subcontractors except as may be necessary to perform that portion of the Contract not subject to the Notice;

iii. terminate all subcontracts except those made with respect to contract performance not subject to the Notice;

iv. settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the County Contracts Officer; and

v. use its best efforts to mitigate any damages which may be sustained by him as a consequence of termination under this clause.

(d) After complying with the provisions of subparagraph (c), above, the Contractor shall submit a termination claim, in no event later than six (6) months after the effective date of termination, unless one or more extensions of three (3) months each are granted by the County Contracts Officer.

(e) The Contracts Officer shall pay from the Department’s budget reasonable costs of termination, including a reasonable amount for profit on Goods received and Services completed. In no event shall this amount be greater than the original Contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods and Services not provided. The Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount, but no amount shall be allowed for anticipated profit on undelivered goods and/or performed services.

(f) In the event that the parties cannot agree on the amount to be paid to the Contractor by reason of termination under this clause, the Contracts Officer shall pay to the Contractor the amounts determined as follows, without duplicating any amounts which may have already been paid under the preceding paragraph of this clause:

i. with respect to all contract performance prior to the effective date of Notice of

Termination, the total of:

(A) the cost of Services performed or Goods delivered;

(B) the cost of settling and paying any reasonable claims as provided in paragraph (c) (iv), above; and

(C) a sum as profit on (A) determined by the Contracts Officer to be fair and reasonable.

ii. the total sum to be paid under (i) above shall not exceed the contract price, as reduced by the amount of payments otherwise made, and as further reduced by the contract price or Goods and Services not terminated. In addition, no amount shall be allowed for anticipated profit on undelivered goods and/or unperformed services.

(g) In the event that the Contractor is not satisfied with any payments which the Contracts

Officer shall determine to be due under this clause, the Contractor may dispute any claim in accordance with Paragraph 28 of this Standard Contract concerning Disputes.

(h) When termination for the convenience of the County is a provision of the Contract, the

Contractor shall include similar provisions in any subcontract, and shall specifically include a requirement that subcontractors make all reasonable efforts to mitigate damages which may be suffered. Failure to include such provisions shall bar the

Contractor from any recovery from the County whatsoever for loss or damage sustained by a subcontractor as a consequence of termination for convenience.

13. Termination for Default.

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.

14. Payment to Subcontractors.

In accordance with Virginia Code § 2.2- 4354, as amended, the Contractor is obligated to take one of the two following actions within seven days after receipt of amounts paid to the

Contractor by the County for work performed by any subcontractor under this Contract:

(a) Pay the subcontractor for the proportionate share of the total payment received from the

County attributable to the work performed by the subcontractor under the Contract; or

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

The Contractor is obligated to pay interest to the subcontractor on all amounts owed by the

Contractor to the subcontractor that remain unpaid after seven days following receipt by the

Contractor of payment from the County for work performed by the subcontractor under the

Contract, except for amounts withheld as allowed in subparagraph (b), above. Unless otherwise provided under the terms of the Contract, interest shall accrue at the rate of one percent per month.

The Contractor shall include in each of its subcontracts, if any are permitted, a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. The Contractor's obligation to pay an interest charge to a subcontractor pursuant to this paragraph may not be construed to be an obligation of the County. A Contract modification may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.

All Contractors, if a proprietorships, partnerships, and/or corporations, shall provide the County with its federal employer identification number, or if an individual contractor, their social security number.

15. Examination of Records.

(a) The Contractor agrees that the County, or any duly authorized representative, shall, until the expiration of five (5) years after final payment hereunder, have access to and the right to examine and copy pertinent books, documents, papers, and records of the

Contractor involving transactions related to the Contract.

(b) The Contractor further agrees to include in any subcontract for more than $10,000 entered into as a result of the Contract, a provision to the effect that the subcontractor agrees that the County or any duly authorized representative shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and copy pertinent books, documents, papers and records of such sub-contractor involved in transactions related to such subcontract, or the Contract. The term subcontract as used herein shall exclude subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

(c) The period of access provided in subparagraphs (a) and (b) above for records, books, documents and papers which may relate to any arbitration, litigation, or the settlement of claims arising out of the performance of the Contract or any subcontract shall continue until any appeals, arbitration, litigation, or claims shall have been finally disposed of.

16. Compliance with Laws.

The Contractor shall comply with all applicable federal and state laws, and with all County ordinances and requirements.

17. Authorization to Conduct Business in the Commonwealth.

A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law.

Any business entity described above that enters into a contract with Stafford County shall not allow its existence to lapse or its certificate of authority or registration to transact business in the

Commonwealth, if so required by Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Stafford County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this paragraph.

18. Employment Discrimination Prohibited.

During the performance of the Contract, the Contractor agrees to not discriminate against the

Contractor’s employees or applicants for employment in accordance with the requirements of

Virginia Code § 2.2-4311, as amended, said requirements are incorporated herein as if stated in their entirety.

19. Employment of Unauthorized Aliens Prohibited.

In accordance with Virginia Code § 2.2-4311.1, as amended, the Contractor acknowledges that it does not, and shall not during the performance of this Contract for goods and services in the

Commonwealth, knowingly employ an unauthorized alien as that term is defined in the federal

Immigration Reform and Control Act of 1986.

20. Drug-Free Workplace.

During the performance of the Contract, the Contractor agrees to provide a drug-free workplace for the Contractor’s employees in accordance with the requirements of Virginia Code § 2.2-

4312, as amended, said requirements are incorporated herein as if stated in their entirety.

21. FORCED AND INDENTURED CHILD LABOR PROHIBITION.

In accordance with Virginia Code §2.2-4311.4, as amended, Contractor agrees to:

(a) Prohibit the use of forced or indentured child labor in the performance of the contract;

and

(b) Include such prohibition in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each subcontractor or vendor.

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

22. Nondiscrimination Clause.

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

23. Non-Visual Access.

Intentionally Omitted.

24. Contractor Status.

The Contractor is an independent contractor and neither the Contractor nor its employees or subcontractors will, under any circumstances, be considered employees, servants, partners, or agents of the County except for such purposes as may be specifically enumerated herein, nor shall anything contained in the Contract be construed to create any partnership or joint venture between the parties. The Contractor is solely responsible for the employment, selection, management, and supervision of its own participants and for ensuring that its participants abide by all applicable rules for security, safety and general conduct. The Contractor shall maintain exclusive control over its operations. The County will not provide to the Contractor any insurance coverage or other benefits, including workers' compensation, normally provided by the County for its employees.

25. General Warranty.

The Contractor agrees to:

(a) Save the County, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or uncopyrighted composition; secret process, patented or unpatented; invention; article or appliance furnished or used in the performance of a contract for which the Contractor is not the patentee, assignee, licensee or owner.

(b) Warrant that when the Contract includes a software license, or use of licensed software, the Contractor is the owner of the Software or otherwise has the right to grant to the

County the license to use the Software granted through the Contract without violating or infringing any law, rule, regulation, copyright, patent, trade secret or other proprietary right of any third party.

(c) Protect the County against latent defective material or workmanship and to repair or replace any damages or marring occasioned in transit or delivery.

(d) Furnish adequate protection against damage to all work and to repair damages of any kind to the building or equipment, to his or her own work or to the work of other contractors, for which his or her workers are responsible.

(e) Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules, regulations, and policies of the County.

(f) Protect the County from loss or damage to County owned property while it is in the custody of the Contractor.

26. Service Warranty.

The Contractor agrees to:

(a) Furnish Services described in the manner and subject to conditions of the Contract

Documents, provided that the County may reduce the Services at any time.

(b) Enter upon the performance of Services with all due diligence and dispatch, assiduously press to its complete performance, and exercise therein the highest degree of skill and competence.

(c) All Services shall be rendered in strict conformance to all laws, statues, and ordinances and the applicable government rules, regulations, methods, and procedures.

(d) Allow Services to be inspected or reviewed by Department staff at any reasonable time and place selected by the County. The County is under no obligation to compensate

Contractor for any Services not rendered in strict conformity with the Contract.

(e) Stipulate that the presence of a Department staff shall not lessen the obligation of the

Contractor for performance in accordance with the contract requirements, or be deemed a defense on the part of the Contractor for infraction thereof. Department staff are not authorized to revoke, alter, enlarge, relax, or release any of the requirements of the

Contract Documents. Any omission or failure on the part of the Department staff to disapprove or reject any work or material shall not be construed to be an acceptance of any such defective work or material. Notification of an omission or failure will be documented by the Contracts Officer.

27. Insurance.

(a) In addition to any other forms of insurance or bonds required in the Contract

Documents, the Contractor shall provide and maintain the following insurance.

(i) 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.

(ii) 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.

(iii) 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 years following completion of the Contract.

(b) Reserved.

(c) 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 sub contractor'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 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.

(d) The Contractor shall provide 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.

(e) 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.

(f) Current insurance certificates documenting compliance with these coverage requirements shall be provided to the Contracts Officer prior to the award of any

Contract.

28. Indemnification.

(a) General Indemnification. Contractor must indemnify, keep and save harmless, and defend the County, its agents, officials, employees, and volunteers against Claims that may accrue or arise against the County as a result of the granting a contract, if the Claim was caused by the negligence or error, or omission of the Contractor, its employees, its subcontractor, or its subcontractor’s employees. As used in this paragraph, a Claim includes: injuries, death, damage to property, breach of data security, suits, liabilities, judgments, or costs and expenses. Upon request by the County, the Contractor must at its own expense: appear, defend, and pay all attorney’s fees and all costs and other expenses related to the Claim. If, related to a Claim, any judgment is rendered against the County or a settlement reached that requires the County to pay money, the

Contractor must at its own expense satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this Contract, or otherwise provided by the Contractor, does not limit the Contractor’s responsibility to indemnify, keep and save harmless, and defend the County as provided in this Contract.

(b) Reserved.

(c) Right to Participate in Defense. The County may, at its sole expense, participate in the defense or resolution of a Claim. Contractor will have primary control of the defense and resolution of the Claim, except when such defense or resolution requires the County to (i) admit liability or wrongdoing; or (ii) to pay money. In either of these cases

Contractor must obtain the County’s prior written consent before entering into such settlement or resolution.

(d) No Indemnification by the County. The parties agree that under applicable law the

County cannot indemnify or defend the Contractor. To the extent any promise or term contained in this Contract, including any exhibits, attachments, or other documents incorporated by reference therein, includes an indemnification or obligation to defend by the County, that promise or term is stricken from this Contract and of no effect.

29. Force Majeure.

(a) A party is not liable for failure to perform the party's obligations if such failure is as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labor not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the Contract, but excluding any industrial dispute which is specific to the performance of the Contract, interruption or failure of electricity or telephone service.

(b) If a party asserts force majeure as an excuse for failure to perform the party's obligation, that party must immediately notify the other party in writing giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this Contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the Contract and to fulfill its or their obligations under the Contract.

(c) An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.

(d) Contractor has no entitlement and County has no liability for: (1) any costs, losses, expenses, damages or the payment of any part of the Contract price during an event of force majeure; and (2) any delay costs in any way incurred by the Contractor due to an event of force majeure.

30. Disputes.

Any dispute concerning a question of fact as a result of the Contract shall be decided by the

County Administrator, or designee, who shall render his/her decision in writing and mail or otherwise forward a copy to the Contractor within 90 days of the receipt of the claim.