849142groundsLoud.pdf

Loudoun County, Virginia

INVITATION FOR BID

GROUNDS MAINTENANCE SERVICES FOR VARIOUS PARKS,

RECREATION AND COMMUNITY SERVICES (PRCS) SITES

ACCEPTANCE DATE: Prior to 4:00 p.m., November 17, 2026, Local Time

IFB NUMBER: RFQ 714032

ACCEPTANCE PLACE: Department of Finance and Procurement Division of Procurement 1 Harrison Street, SE, 1st Floor Procurement Bids and Proposals Drop Box Leesburg, Virginia 20175

PLEASE NOTE:

A. Documents related to this solicitation may be downloaded from the County’s web site:

www.loudoun.gov/procurement.

B. Pre-bid Conference: An optional pre-bid conference will be held virtually using Microsoft Teams on October 28, 2026, at 11:30 a.m. See the Microsoft Teams log in information provided below. To participate in the audio portion of this conference, please dial the number provided below and follow the prompts as designated. To participate by computer, connect to the link provided and follow the prompts as designated. The purpose of the pre-bid conference is to provide a high-level overview of the supplier registration process and online submission of bids through iSupplier.

Microsoft Teams Meeting

Join the Meeting Now Meeting ID: 286 945 011 003 336

Passcode: rn6Ma2xQ Dial in by phone

+1 757-600-4923,,872344416# United States, Norfolk Find a local number

Phone conference ID: 872 344 416#

The terms and conditions contained in this Invitation for Bid and in the County-Contractor Agreement are not negotiable.

Requests for information related to this Invitation should be directed to:

http://www.loudoun.gov/procurement https://teams.microsoft.com/meet/286945011003336?p=lIpXuIABlNkLeNOLPH https://teams.microsoft.com/meet/286945011003336?p=lIpXuIABlNkLeNOLPH https://teams.microsoft.com/meet/286945011003336?p=lIpXuIABlNkLeNOLPH tel:+17576004923,,872344416 https://dialin.teams.cloud.microsoft/913f662e-9d28-4165-95f5-3a6b9f35ec17?id=872344416

Grounds Maintenance Services for Various Parks, Recreation and Community Services Sites

IFB #RFQ 714032

Sadia Ferguson Contracting Officer

(571) 627-7465

(703) 771-5097 (Fax) E-mail address: Sadia.Ferguson@loudoun.gov

Issue Date: October 14, 2026

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN

ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION

AS SOON AS POSSIBLE

mailto:Sadia.Ferguson@loudoun.gov

INVITATION FOR BID

SECTION/TITLE PAGE

1.0 PURPOSE

2.0 COMPETITION INTENDED

3.0 DISCREPANCIES

4.0 BIDDER’S MINIMUM QUALIFICATIONS

5.0 SCOPE OF SERVICES

6.0 TERMS AND CONDITIONS

7.0 INSTRUCTIONS TO BIDDERS .................... ERROR! BOOKMARK NOT DEFINED.

8.0 GROUNDS MAINTENANCE SERVICES SUBMISSION FORM

ATTACHMENT I REFERENCES…………………………………………………………….40

ATTACHMENT II PRICING SCHEDULE AND ZONES……………..……………………..43

ATTACHMENT III SITE MAPS………………………………………………………………...44

ATTACHMENT IV PRICING GUIDANCE……………………………………………………..45

Prepared By: /s/Sadia Ferguson Date: October 14, 2026 Contracting Officer

1.0 PURPOSE

The intent of this Invitation for Bid (IFB) is for the County of Loudoun, Virginia (County), to obtain the services of multiple qualified Contractors to perform Grounds Maintenance Services at Various Parks, Recreation, and Community Services (PRCS) Sites. A list of the PRCS Zones and Pricing Schedule are contained in Attachment II. The Site Maps can be found on Attachment III – Site Maps. It is strongly recommended that Bidders make an on-site inspection of the locations where the work will be performed to become completely familiar with the existing conditions. Failure to comply with this requirement will not relieve the successful Bidder of its obligation to carry out the scope of the resulting Contract at the awarded amount.

The County intends to award multiple contracts, with one (1) contract awarded for each Zone identified in Attachement II. Bidders shall submit bids by Zone and may submit bids for one (1) or more Zones. Only one (1) Contractor will be awarded a contract for each Zone. Each awarded Contractor will be responsible for providing the required services at the sites within the Zone(s) for which it is awarded.

2.0 COMPETITION INTENDED

It is the County's intent that this IFB permits competition. It shall be the Bidder's responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notification must be received by the Purchasing Agent or appointed designee not later than fifteen (15) days prior to the date set for bids to close.

3.0 DISCREPANCIES

Should a Bidder find discrepancies in the plans and/or specifications or be in doubt as to the meaning or intent of any part thereof, the Bidder shall request clarification from the County in writing, not later than ten (10) working days prior to the bid opening. Any changes to the IFB that result from such a clarification request, will be communicated through a written addendum, and posted on the Procurement home page at www.loudoun.gov/procurement.

Failure to request such clarification is a waiver of any claim by the Bidder for additional expenses because its interpretation was different than the County’s.

4.0 BIDDER’S MINIMUM QUALIFICATIONS

Bidders must demonstrate that they have the resources and capability to provide the materials and services as described herein. All Bidders must submit the documentation indicated below with their bid. Failure to provide any of the required documentation may be cause for bid to be deemed non-responsive and/or non-responsible and rejected.

The following criteria shall be met in order to be eligible for this contract:

http://www.loudoun.gov/procurement

4.1 Bidders shall demonstrate they have been in business providing similar grounds maintenance services for at least the last five (5) years. Bidders shall provide, at a minimum, three (3) comparable references for which similar work has been performed. These references shall be for work done for other governmental agencies or other large commercial properties. Use Attachment I - References of this IFB to provide the information. Disclosure of a reference hereby releases listed references from all claims and liability for damages that may result from the information provided by the reference.

4.2 Bidders are required to be registered with the Virginia Department of Agricultural and Consumer Services (VDACS) both as a Pesticide Business License and a fertilize applicator. A copy of both Certificates must be submitted with their bid.

5.0 SCOPE OF SERVICES

5.1 General

A. The PRCS sites to be maintained are listed in Attachment II of this IFB.

Specific services to be performed at each site will be determined by program budget. The County reserves the right to add/or delete locations as necessary. The County will assign new locations to successful Bidders by cost, work balance, or areas of the County.

B. The Contractor employees shall be supervised by a qualified, responsible crew leader. Equipment operators shall be properly trained to safely operate any machinery used. A crew member able to speak conversational English shall be on site during all work operations. All personnel shall wear uniforms prominently displaying company name. All personnel shall carry proper identification at all times. Uniforms shall be in good condition and have a neat appearance.

C. All vehicles shall be identified with Contractor name.

D. The Contractor employees shall be courteous to site users and ensure that work operations do not cause hazards or interfere with site use.

E. The Contractor shall report dangerous or unusual situations in work areas that affect work performance to the Contract Administrator as soon as practical, but no later than twenty-four (24) hours from discovery of situation.

F. The Contractor and subcontractors shall be responsible for all damages caused by their employees. Such damage shall be repaired promptly to the satisfaction of and at no expense to the County.

G. Contractor to attend a kickoff meeting once the contract has been executed.

5.2 Lawn Mowing Specifications – All Locations

A. The Contractor shall provide sufficient equipment and personnel to complete all mowing once per week. Generally, sites shall be mowed on weekdays between the hours of 7:00 a.m. and 6:00 p.m. Weekend mowing, due to weather, may be approved by Contract Administrator.

B. Mowing season shall begin approximately the first (1st) week of April and end the first (1st) week of November, depending on weather. The number of mowing weeks is an estimate, and mowing shall be done weekly as requested by the County. The County will make the final determination of when mowing shall and shall not be done. The County will only pay for actual services rendered during a month.

C. Air Quality Action Days: When air quality conditions for the following day are forecasted to be “Code Red” or “Code Purple”, mowing operations for that day are to be suspended. Mowing may resume when forecast is changed to “Codes Orange, Yellow, or Green”.

D. The Contract Administrator will assist the Contractor in locating all mowing areas at the beginning of the mowing season. The Contractor shall be available for periodic inspections of the sites at the request of the County.

E. At the beginning of each season, prior to the start of mowing, the Contractor shall provide a tentative routing indicating the day of the week each site will be mowed, and the order sites will be mowed in each day. The Contract Administrator will notify the Contractor of any needed changes, and the Contractor will be allowed three (3) weeks to adjust mowing schedule.

Following the adjustment period, the Contractor shall provide the Contract Administrator with a written schedule and thereafter mow each site on the same day each week. Athletic field surrounds shall not be mowed after 5:00 p.m. without permission from Contract Administrator.

F. Unless noted otherwise, all lawn areas shall be mowed once per week to a height of three (3”) to three and a half inches (3.5”). At no time shall any grass be mowed shorter than two and a half inches (2.5”),or be allowed to grow taller than six inches (6”).

G. Turf inaccessible to mowers (e.g., against buildings, around posts, on medians, along fence lines and curbs, etc.) shall be trimmed to three (3”) to three and a half inches (3.5”) at each mowing. String trimmers and other power equipment shall never be used to trim against tree trunks or historical structures such as: Arcola Slave Quarters.

I. Edging of paved areas, curbs and stepping-stones shall be done at the beginning of each mowing season. It shall be repeated, as needed, so that root growth of turf or weeds does not extend farther than three-quarters of an inch (.75”) and foliage growth does not extend farther than one inch (1”) over the edges of pavement, curbs or pavers.

J. Trash, branches, rocks, or other debris shall be removed from turf before each mowing. Debris collected shall be removed from each site and disposed of legally (not dumped in woods or undeveloped parts of site).

K. After mowing, all clippings and mowing/edging debris shall be promptly removed from pavements, mulched areas, buildings, vehicles, and fences.

The use of mulching mowers is preferred and encouraged, but clippings shall be removed from lawns after mowing if clumps larger than three inches (3”) are present or if clipping density causes turf to be more than thirty-percent (30%) covered.

L. Mulched areas shall remain free of ruts, compaction, and tire tracks caused by mowing equipment. Mowing shall be done with appropriate size equipment, in a manner that minimizes scalping, rutting, tire marking, and missed areas on lawns.

M. Mower blades shall be sharp enough to cleanly cut each grass blade.

Tearing of the leaf is not acceptable.

N. All equipment guards, chutes, and other safety devices are to remain in place and engaged during mowing. Cutting shall be done so that clippings are not ejected onto vehicles, permeable pavement, mulched areas, flower beds, walls, windows, drains, gutters, storm water structures, bio-retention beds, etc. Special care is to be taken not to cause damage or injury when working around vehicles or pedestrians.

O. Care must be taken so that no fuel is spilled when refilling equipment or containers. Filling shall be done away from storm drains, permeable pavement, and plants. Fuel spills shall be contained and cleaned up immediately per local, state, and federal regulations.

5.3 Leaf Removal – As Needed Basis

A. The Contractor shall provide leaf removal service for the listed sites on an as needed basis as determined by the County. The Contractor shall arrange for the disposal of leaves collected and incorporate any associated fees as overhead.

B. Leaf removal is to occur approximately two (2) times during the fall and early winter. The preferred start dates for leaf collection are the second Monday in November and the second Monday of December; but are subject to change depending on weather and volume of leaves.

C. Leaves shall be removed from all developed areas including turf, beds, mulched areas, parking lots, walkways, curbs, stair/window wells, and pavement. See Attachment III – Site Maps for information on access to locked areas. All collected leaves and debris shall be removed from the sites and disposed of legally. Care shall be taken to keep dust and debris generated during collection from being deposited on vehicles or structures.

D. Under no circumstance shall leaves be raked, blown, dumped, or otherwise placed into landscape beds or natural areas. It is acceptable to mulch leaves into lawn areas if shredded pieces are no larger than a quarter of an inch (.25”).

5.4 Nuisance Ordinance Mowing Specifications

The Contractor may be required to provide mowing services pursuant to the County’s Nuisance Ordinance.

A. The Contractor shall provide enough equipment and personnel to complete all work within three (3) business days of a notice to proceed by a County representative. The notice to proceed will normally consist of an e-mailed work request form. Unless otherwise directed, work should be done on weekdays (Monday – Friday) between the hours of 7:00 a.m. and 6:00 p.m.

B. Season shall run with contract award. Each site will be mowed one (1) time per work order.

C. Air Quality Action Days: When air quality conditions for the following day are forecasted to be “Code Red” or “Code Purple”, mowing operations for that day are to be suspended. Mowing may resume when forecast is changed to “Codes Orange, Yellow, or Green”.

D. The County representative will provide a work request form for each site.

The form will outline the scope of work and will indicate whether the dwelling is occupied.

E. If dwelling is noted on work request as unoccupied, the Contractor’s crew leader should knock on the front door before starting work. If an occupant is discovered, work may proceed unless crew leader feels it is unsafe to do

so. When dwelling is known to be occupied, the County will notify the occupants of the intention to proceed with work before mobilizing Contract crews. When work request is issued for an occupied dwelling, a deputy or other security personnel will be provided by the County at the request of the Contractor.

F. Unless noted otherwise, all lawn areas shall be mowed to a height of three (3”) to three and a half inches (3.5”). At no time shall any grass be mowed lower than two and a half inches (2.5”).

G. Grass that cannot be mowed (e.g., against buildings, around posts, along fence lines and curbs, etc.,) shall be trimmed to three (3”) to three and a half inches (3.5”).

H. Edging shall not be done unless indicated on work request.

I. Trash, branches, rocks, or other debris on lawn shall be removed before mowing. Other debris to be removed will be indicated on work request form.

Debris shall be removed from each site and disposed of legally. A County landfill fee-waiver card may be issued to the Contractor. This card is to be used solely for the disposal of debris collected during the performance of this Contract. Landfill receipts shall be attached to and returned with completed work request forms.

J. Hazardous material found during mowing or site clean-up may be left for removal by others. The Contractor shall notify County representative of the presence of hazardous materials at earliest opportunity.

K. After mowing, clippings shall be removed from pavements, mulched areas, buildings, vehicles, and fences. Grass clippings shall be removed from lawns if clipping density causes turf to be more than thirty-percent (30%) covered.

L. Mowing shall be done in a manner that minimizes scalping, tire marking, and missed areas on lawns.

M. The Contractor shall be responsible for all damage caused by their employees. Such damage shall be repaired promptly to the satisfaction of and at no expense to the County.

N. A separate invoice will be required for each work order/site. Invoice must note site address and itemized charges including mobilization fee, hourly charges, and landfill fees (if fee-waiver card not used).

5.5 Landscape Labor – General

A. Tasks may include: Small plantings; Watering – using on-site spigots;

Grading with hand-tools; Turf repair; Woodline pruning; Invasive plant removal; and Spring cut-back of ornamental grasses.

B. A written request for services will be provided by Contract Administrator, outlining specific instructions and specifications for each task. Once scope of work is agreed upon, work shall be scheduled at a mutually agreeable date, preferably within two (2) weeks.

5.6 Landscape Services

A. Weekly service will include weed control, clearance pruning, maintenance of herbaceous perennials, and debris/trash removal from beds and tree rings. Pricing shall include all work needed to meet the following specifications.

B. The Contractor shall provide personnel, supervision, equipment, and materials to control weeds. Weeds are undesirable plants, not intentionally planted or seeded. Seedlings of shrubs, trees, and ornamental grasses are generally considered weeds, and should be controlled. Root-suckers may also be weeds but should be cut or pulled rather than treated with herbicides, as they are physically attached to the desirable landscape plant.

C. Weeds are to be controlled within the formally maintained portion of each site, including the following areas: beds, trees rings, bio-retention beds, Filterra units, paved parking areas, curbs, walkways, fencelines, utility/equipment areas, and around structures. Weed control shall not be performed in, near or around playground equipment or on any fall protection surfaces. The Contractor personnel shall have considerable knowledge of landscape plants to avoid damage to desirable species.

D. Weeds larger than two inches (2”) shall be completely removed from all areas. Weeds smaller than two inches (2”) may be removed, or treated with a herbicide. Herbicide must be applied by a certified applicator, according to label instructions.. Weeds shall be controlled April through October.

E. The Contractor must supply the Contract Administrator with chemical information prior to application.

F. Herbicide spraying is the preferred method of control, but hand-pulling shall be used if weeds are too close to landscape plants or too large for a safe and effective herbicide application. Top-growth and roots of weeds shall be removed when hand-weeding. Herbicide contact with any part of landscape plants due to overspray, dripping, or splashing is unacceptable. Herbicide shall be applied as a course-pattern, low-pressure spray to wet each weed, but not to the point of dripping. Herbicide shall not be broadcasted or sprayed on mulch, tree trunks, or any other surface. Moderation and care should be used when spraying around fences, objects, and structures – large areas of bare dirt and killed weeds should not be created due to overzealous or careless spraying. The Contractor shall make repairs to turf and landscape plants damaged by misapplication.

G. Applications should be suspended if wind speeds are higher than ten (10) miles per hour, or if National Weather Service forecasts 60% or higher chance of rain within two (2) hours.

H. The Contractor shall have and keep current a valid Pesticide Business License issued by the Virginia Department of Agriculture and Consumer Services. Applicators shall also be appropriately licensed by VDACS and shall comply with all federal and state laws and regulations. Applicator shall always have at hand Safety Data Sheet (SDS) and product label for materials being applied, state pesticide license, appropriate spill control, and decontamination supplies.

I. Herbicide applications are to be scheduled to minimize exposure to site users. Proposed weed control schedule is to be provided to Contract Administrator at least three (3) business days in advance, so he/she may notify site staff and coordinate access for the herbicide application. Do not begin application until treatment areas are clear of humans and animals.

Application shall be suspended if humans or animals enter areas to be treated. Flags/signage shall only be installed if required by federal and state laws and regulations.

J. Within two (2) business days of weed control visit, provide the following information to Contract Administrator in writing: date of weed control, site name, description of areas treated/weeded, and approximate quantity of tank-mix applied. Please note if flags/signage were installed, so removal can be arranged by Contract Administrator.

K. Trees, shrubs, and herbaceous plants shall be pruned to remove broken or damaged parts; to remove safety hazards and to maintain the following:

Clear pedestrian access; Clear vehicle access; Clear sight lines; and Clear view of all site signage. Pruning shall be done using clean, sharp pruners, loppers, or saws.

Branches shall be headed-back to a healthy bud or branch. The natural form of the plant shall be retained. Brush shall be removed from site and disposed of legally.

L. Herbaceous Perennials shall be maintained by pruning to remove dead leaves, stems, and parts; and to remove unattractive or vigor-reducing seed-heads. Remove pruned parts from site and dispose of legally.

M. Natural debris and litter shall be removed from beds, tree rings, and bio-retention beds at each visit. Resulting debris and litters shall be removed from site and disposed of legally.

5.7 Annual Landscape Services

A. The Contractor shall provide all labor, equipment, and materials to complete tasks as specified. The Contractor shall submit label information or manufacturer’s certified analysis for proposed mulch, chips, and seed to Contract Administrator for approval before use. Prior to starting work, the Contractor must submit a schedule listing sites and expected work date.

The Contract Administrator must be notified of changes to this schedule at least forty-eight (48) hours in advance.

B. Annual mulching of each site shall generally be done in spring, on an as-needed basis. Season and general timing will be determined by the Contract Administrator.

C. Shredded hardwood bark shall be provided for mulching unless other material is specified. Material choice shall be based on currently used material in each bed or tree ring. Material shall be mulch-grade, with most particles being between 5/8” –1.5”. Mulch pieces larger than five inches (5”) shall be discarded. Mulch shall be free of soil, wood, rocks, and other foreign matter.

D. Weeds larger than two inches (2”) shall be completely removed from areas to be mulched. Weeds smaller than two inches (2”) may be removed, or treated with a herbicide. Herbicide must be applied by a certified applicator, according to label instructions. Dead leaves, litter, and debris shall be removed from beds and interior of shrubs before mulching. Debris shall be removed from the site and disposed of legally.

E. Areas to be mulched shall be edged where the bed meets turf or pavement.

If possible, edge shall be located just beyond the dripline of the plants. Beds shall be enlarged as necessary to accommodate the growth of plants. Do not reduce plant size to fit within the existing edge. Bed perimeter shall be formed into smooth curves that are easily mowed. Edging shall not be done around or adjacent to trees to avoid root damage. For individual trees in turf, mulch shall form a circular bed around the tree. Edges shall be at least two inches (2”) deep but not deeper than six inches (6”). The edge shall be roughly V-shaped, with the outside surface of the edge vertical, and the inside surface at 50-70 degrees from the vertical outside edge. When edge meets a hard surface such as a walkway or curb, the hard surface shall be free of soil before mulch is installed. Spoils from edging may be spread in bed if amounts are not excessive (less than half an inch (.5”) depth when spread). Clods shall be broken up and all weeds and sod pieces shall be removed. Remove excess spoils from the site.

F. Plants shall not be pruned during mulching operations, except to remove broken or otherwise damaged branches. Branches may be carefully lifted and tied to allow mulching underneath.

G. Mulch shall be applied to all existing beds and tree rings in an even layer to a final depth of two to four inches (2-4”), including old mulch. Old mulch that is crusted-over shall be broken up and re-spread, or removed, before the addition of new mulch. Edges should be filled to grade with slightly compacted mulch. Mulch shall not be closer than four inches (4”) to the bark of trees/shrubs or the crowns of perennials. Turf and paved areas shall be free of mulch and debris when Contractor leaves site.

H. Aeration, fertilization, and over-seeding shall be performed one (1) time annually, between September first (1st) and October 15th. County will provide soil test recommendations for fertilization. Prior to the start of work, County staff will flag sprinkler heads at irrigated sites. If excessive wet or dry weather delays work, Contract Administrator may allow additional time to complete the tasks.

I. All accessible turf shall be core-aerated to a depth of two to three inches (2- 3”). Aeration shall be done in two (2) passes, the second (2nd) perpendicular to the first (1st). Paved areas and planting beds shall be free of cores at the completion of the task.

J. All turf areas shall be over-seeded with special attention paid to dead or bare spots of nine (9) square inches or greater. Minimum seeding rate shall be five and a half pounds (5.5 lbs.) per 1,000 square feet. Seed mix shall contain no less than 80% Turf-Type Tall Fescue. The tall fescue portion of the mix shall contain equal amounts of at least three (3) fescue varieties.

These varieties are to be selected from the latest Virginia Turf grass Variety Recommendations from Virginia Tech. These recommendations are available at www.ext.vt.edu or a hard copy will be provided by the Contract Administrator upon request.

6.0 TERMS AND CONDITIONS

The Contract with the successful Bidder will contain the following Terms and Conditions.

These Terms and Conditions are not negotiable.

6.1 Procedures

The extent and character of the services to be performed by the Contractor shall be subject to the general control and approval of the Director of Parks, Recreation and Community Services or his/her authorized representative(s). The Contractor shall not comply with requests and/or orders issued by other than Director of Parks, Recreation and Community Services or his/her authorized representative(s) acting http://www.ext.vt.edu/ within their authority for the County. Any change to the Contract must be approved in writing by the Division of Procurement and the Contractor.

6.2 Term

The Contract shall cover the period from February 1, 2027 through January 31, 2028 or an equivalent period depending upon date of Contract award.

This Contract may be renewed at the expiration of the initial term at the request of the County. The renewal may be for up to six (6) additional one (1) year periods.

Unless otherwise agreed to by the parties or as may be required by law, any renewal shall be based on the same terms and conditions as the initial term with the exception of the price or rates. Initial prices or rates and subsequent renewal prices or rates are guaranteed for a minimum of twelve (12) months. Any increase in prices or rates after the initial term or any renewal term should be mutually agreed to by the parties, however, in no instance will the contract price adjustment for a renewal period exceed three-percent (3%).

6.3 Quantities

The quantities specified in this Contract are estimated only. They may not indicate the actual quantity which will be ordered, since such volume will depend upon requirements which develop during the Contract period.

Quantities shown shall not be construed to represent any amount which the County shall be obligated to purchase under the Contract or relieve the Contractor of its obligation to fill all orders placed by the County.

6.4 Delays and Delivery Failures

Time is of the essence. The Contractor must keep the County advised at all times of status of parties’ agreement. If delay is foreseen, the Contractor shall give immediate written notice to the Division of Procurement. Should the Contractor fail to deliver the proper item(s)/service(s) at the time and place(s) contracted for, or within a reasonable period of time thereafter as agreed to in writing by the Division of Procurement, or should the Contractor fail to make a timely replacement of rejected items/services when so required, the County may purchase items/services of comparable quality and quantity in the open market to replace the undelivered or rejected items/services. The Contractor shall reimburse the County for all costs in excess of the Agreement price when purchases are made in the open market; or, in the event that there is a balance the County owes to the Contractor from prior transactions, an amount equal to the additional expense incurred by the County as a result of the Contractor's nonperformance shall be deducted from the balance as payment.

6.5 Material Safety Data Sheets

By law, the County will not receive any materials, products, or chemicals which may be hazardous to an employee's health unless accompanied by a Material Safety Data Sheet (MSDS) when received. This MSDS will be reviewed by the County, and if approved, the materials, product or chemical can be used. If the MSDS is rejected, the Contractor must identify a substitute that will meet the County’s criteria for approval.

6.6 Business, Professional, and Occupational License Requirement All firms or individuals located or doing business in Loudoun County are required to be licensed in accordance with the County's "Business, Professional, and Occupational Licensing (BPOL) Tax" Ordinance during the initial term of the Contract or any renewal period.

Wholesale and retail merchants without a business location in Loudoun County are exempt from this requirement. Questions concerning the BPOL Tax should be directed to the Office of Commissioner of Revenue, telephone (703) 777-0260.

6.7 Payment of Taxes

All Contractors located or owning property in Loudoun County during the initial term of the Contract, or any renewal period shall assure that all real and personal property taxes are paid.

The County will verify payment of all real and personal property taxes by the Contractor prior to the award of any Contract or Contract renewal.

6.8 Insurance

A. The Contractor shall be responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection therewith. The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission, or operation under the Contract.

B. The Contractor and all subcontractors shall, during the continuance of all work under the Contract provide the following:

1. Workers' Compensation and Employer's Liability 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.

2. Comprehensive General Liability insurance to protect the Contractor, and the interest of the County, its officers, employees, and agents against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the Contract or in connection with the contracted work. The General Liability insurance shall also include the Broad Form Property Damage endorsement, in addition to coverage for explosion, collapse, and underground hazards, where required.

3. Automobile Liability insurance, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the Contractor.

C. The Contractor agrees to provide the above referenced policies with the following limits. Liability insurance limits may be arranged by General Liability and Automobile policies for the full limits required, or by a combination of underlying policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy.

1. Workers’ Compensation:

Coverage A: Statutory Coverage B: $100,000

2. General Liability:

Per Occurrence: $1,000,000 Personal/Advertising Injury: $1,000,000 General Aggregate: $2,000,000 Products/Completed Operations: $2,000,000 aggregate Fire Damage Legal Liability: $100,000 GL Coverage, excluding Products and Completed Operations, should be on a Per Project Basis

3. Automobile Liability:

Combined Single Limit: $1,000,000

D. The following provisions shall be agreed to by the Contractor:

1. No change, cancellation, or non-renewal shall be made in any insurance coverage without a forty-five (45) day written notice to the County. The Contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate will result in suspension of all payments until the new certificate is furnished.

2. 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 limits of liability and the extensions to be included as described previously in these provisions, remain the same. The Contractor must either:

a. Agree to provide certificates of insurance evidencing the above coverage for a period of two (2) years after final payment for the Contract for General Liability policies. This certificate shall evidence a "retroactive date" no later than the beginning of the Contractor's work under this Contract, or

b. Purchase the extended reporting period endorsement for the policy or policies in force during the term of this 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.

3. The Contractor must disclose the amount of deductible/self-insured retention applicable to the General Liability and Automobile Liability.

The County reserves the right to request additional information to determine if the Contractor has the financial capacity to meet its obligations under a deductible/self-insured plan. If this provision is utilized, the Contractor will be permitted to provide evidence of its ability to fund the deductible/self-insured retention.

4. a. The Contractor agrees to provide insurance issued by companies admitted within the Commonwealth of Virginia, with the Best's Key Rating of at least A:VII.

b. European markets including those based in London, and the domestic surplus lines market that operate on a non-admitted basis are exempt from this requirement provided that the Contractor's broker can provide financial data to establish that a market's policyholder surpluses are equal to or exceed the surpluses that correspond to Best's A:VII Rating.

5. a. The Contractor will provide an original signed Certificate of Insurance and such endorsements as prescribed herein.

b. The Contractor will provide on request certified copies of all insurance coverage related to the Contract within ten (10) business days of request by the County. These certified copies will be sent to the County from the Contractor's insurance agent or representative. Any request made under this provision will be deemed confidential and proprietary.

c. Any certificates provided shall indicate the Contract name and number.

6. The County, its officers and employees shall be Endorsed to the Contractor's Automobile and General Liability policies as an "additional insured" with the provision that this coverage "is primary to all other coverage the County may possess." (Use "loss payee" where there is an insurable interest). A Certificate of Insurance evidencing the additional insured status must be presented to the County along with a copy of the Endorsement.

7. Compliance by the Contractor with the foregoing requirements as to carrying insurance shall not relieve the Contractor of their liabilities provisions of the Contract.

E. Precaution shall be exercised at all times for the protection of persons (including employees) and property.

F. The Contractor is to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, as it may apply to this Contract.

G. If an "ACORD" Insurance Certificate form is used by the Contractor's insurance agent, the words "endeavor to" and ". . . but failure to mail such notice shall impose no obligation or liability of any kind upon the company" in the "Cancellation" paragraph of the form shall be deleted.

H. The Contractor agrees to waive all rights of subrogation against the County, its officers, employees, and agents.

6.9 Hold Harmless

The Contractor shall indemnify, defend, and hold harmless the County from loss from all suits, actions, or claims of any kind brought as a consequence of any act or omission by the Contractor. The Contractor agrees that this clause shall include claims involving infringement of patent or copyright. For purposes of this paragraph, “County” and “Contractor” includes their employees, officials, agents, and representatives. “Contractor” also includes subcontractors and suppliers to the Contractor. The word “defend” means to provide legal counsel for the County or to reimburse the County for its attorney’s fees and costs related to the claim. This section shall survive the Contract. The County is prohibited from indemnifying Contractor and/or any other third parties.

6.10 Safety

All Contractors and subcontractors performing services for the County are required to and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this Contract.

6.11 Permits

It shall be the responsibility of the Contractor to comply with County ordinances by securing any necessary permits. The County will waive any fees involved in securing County permits.

6.12 Notice of Required Disability Legislation Compliance

The County is required to comply with state and federal disability legislation: The

Rehabilitation Act of 1973 Section 504, The Americans with Disabilities Act (ADA) for 1990 Title II and The Virginians with Disabilities Act of 1990.

Specifically, Loudoun County, may not, through its contractual and/or financial arrangements, directly or indirectly avoid compliance with Title II of the Americans with Disabilities Act, Public Law 101-336, which prohibits discrimination by public entities on the basis of disability. Subtitle A protects qualified individuals with disability from discrimination on the basis of disability in the services, programs, or activities of all state and local governments. It extends the prohibition of discrimination in federally assisted programs established by the Rehabilitation Act of 1973 Section 504 to all activities of state and local governments, including those that do not receive federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability in Titles I, III, and V of the Americans with Disabilities Act. The

Virginians with Disabilities Act of 1990 follows the Rehabilitation Act of 1973 Section 504.

6.13 Ethics in Public Contracting

The provisions contained in §§ 2.2-4367 through 2.2-4377 of the Virginia Public

Procurement Act as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all Contracts solicited or entered into by the County. A copy of these provisions may be obtained from the Purchasing Agent upon request.

The above-stated provisions supplement, but do not supersede, other provisions of law including, but not limited to, the Virginia State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.), the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.) and Articles 2 and 3 of Chapter 10 of Title 18.2. The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the Virginia State and Local Government Conflict of Interests Act.

6.14 Employment Discrimination by Contractors Prohibited

Every Contract of over $10,000 shall include the following provisions:

A. During the performance of this Contract, the Contractor agrees as follows:

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

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state that such Contractor is an equal opportunity employer.

3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient to meet this requirement.

B. The Contractor will include the provisions of the foregoing paragraphs, 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

6.15 Drug-Free Workplace

Every Contract over $10,000 shall include the following provisions:

During the performance of this Contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific Contract awarded to a Contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

6.16 Prohibition of Forced or Indentured Child Labor

1. During the performance of this Contract, the Contractor certifies and agrees to: (i) the prohibition in use of forced or indentured child labor in the performance of the Contract, and (ii) include the provisions of the foregoing clause in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

2. 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.

6.17 Faith-Based Organizations

The County does not discriminate against faith-based organizations.

6.18 Immigration Reform and Control Act of 1986

By entering this Contract, the Contractor certifies that it does not and will not during the performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens.

6.19 Substitutions

NO substitutions, additions, or cancellations, including those of key personnel, are permitted after Contract award without written approval by the Division of Procurement. Where specific employees are proposed by the Contractor for the work, those employees shall perform the work as long as those employees work for the Contractor, either as employees or subcontractors, unless the County agrees to a substitution. Requests for substitutions will be reviewed by the County and approval may be given by the County at its sole discretion.

6.20 Condition of Items

All items shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated herein or as may be agreed to by the parties in a written amendment to this Agreement. Oral or written but unsigned agreements to the contrary will not be recognized.

6.21 Workmanship and Inspection

All work under this Contract shall be performed in a skillful and workmanlike manner.

The Contractor and its employees shall be professional and courteous at all times.

The County reserves the right to require immediate removal of any Contractor employee from County service it deems unfit for service for any reason, not contrary to law. This right is non-negotiable, and the Contractor agrees to this condition by accepting this Agreement. Further, the County may, from time to time, make inspections of the work performed under the Agreement. Any inspection by the County does not relieve the Contractor of any responsibility in meeting the Agreement requirements.

The Contractor shall have all employees working at County sites wear a uniform and have photo identification (frontal face). This identification must be prominently displayed at all times. The uniforms shall be neat and orderly, and the photo identification must bear the employee and the Contractor’s names. No one with a felony conviction may be employed under this Agreement. The Contractor MUST remove any employee from County service who is convicted of a felony during his or her employment.

6.22 Cleaning Up

The Contractor shall at all times keep the adjacent areas of the property free from rubbish and the accumulation of any waste materials. The Contractor shall be responsible for the removal of all trash at the end of each day, or more frequently as may be required by the Contract Administrator.

6.23 Exemption from Taxes

Pursuant to Virginia Code § 58.1-609.1, the County is exempt from Virginia State Sales or Use Taxes and Federal Excise Tax, therefore the Contractor shall not charge the County for Virginia State Sales or Use Taxes or Federal Excise Tax on the finished goods or products provided under the Contract. However, this exemption does not apply to the Contractor, and the Contractor shall be responsible for the payment of any sales, use, or excise tax it incurs in providing the goods required by the Contract, including, but not limited to, taxes on materials purchased by a Contractor for incorporation in or use on a construction project.

Nothing in this section shall prohibit the Contractor from including its own sales tax expense in connection with the Contract in its Contract price.

6.24 Ordering, Invoicing, and Payment

All work requested under this Contract shall be placed on a County issued Purchase Order. The Contractor shall not accept credit card orders or payments.

Upon delivery and acceptance of the service, the Contractor shall submit an invoice detailing the appropriate charges.

Invoices shall be submitted by e-mail to:

County of Loudoun, Virginia PRCS – Landscape/Grounds 742 Miller Drive

Leesburg, Virginia 20175 Attn: Mike Burke Mike.Burke@Loudoun.gov

Upon receipt of invoice and final inspection and acceptance of the service, the

County will render payment within forty-five (45) days unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Contractor shall provide complete cooperation during any such investigation. Unless invoice items are questioned, interest shall accrue at the rate of one-percent (1%) per month for any late payments.

Individual Contractors shall provide their social security numbers, and proprietorships, partnerships, and corporations shall provide their federal employer identification number on the pricing form.

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