849651snowClarke.pdf

RFQ#26-1110 Snow Clearing – Government and Schools Page 1 of 25

COUNTY OF CLARKE, VA

JOINT FINANCE DEPARTMENT

Purchasing and Receiving Department

129 Ramsburg Lane

Berryville, VA 22611 e-mail: mlegge@clarkecounty.gov

Phone: (540) 955-5148

TO: All Interested Vendors

FROM: Mike Legge

DATE: October 14, 2026

SUBJECT: Request for Quotes - Snow Clearing

Winter Season 2026-2027

The Clarke County Purchasing Office, on behalf of the Clarke County Government and Clarke County Public

Schools (hereinafter known as “County”) is soliciting quotes from capable and qualified vendors for snow clearing services for the upcoming 2026-2027 winter season for various school and government locations as specified within this Request for Quotes (RFQ).

Please submit your quote by 3:00 p.m. on Tuesday, November 10, 2026. Quotes can be emailed to Mr.

Mike Legge, Purchasing Manager, at mlegge@clarkecounty.gov or delivered in person at the Purchasing

Office (129 Ramsburg Lane, Berryville, VA 22611).

The County is not responsible for any delays with the United States Postal Service or any email submission problems. It is the vendor’s responsibility to ensure the quote is received and recorded in the

Purchasing Office by the appropriate time.

The County reserves the right to accept or reject any quotes, split the order to more than one vendor, to waive any irregularities in procedures and to award the contract as shall best serve the constituents of

Clarke County. Evaluation criteria may include price, past performance, guaranteed response time, experience, and references. Quotes shall remain firm until at least ninety (90) days after the deadline for quote submittal.

The County will have the option to renew the contract annually for five (5) additional one-year periods, upon mutual agreement of both parties. The extension of the contract will be based on price, performance, service capability, and appropriation of funds. If you have any questions, please email the Clarke County

Purchasing Department at mlegge@clarkecounty.gov.

This RFQ will ask for quotes for larger snow events (totaling over 8 inches). Typically, for smaller snow events (less than 8”), the Clarke County Joint Maintenance Department will handle the event internally with no need of additional help from the selected snow clearing vendor. Therefore, there is no guarantee that the selected snow clearing vendor will be needed/hired for smaller snow events.

The County will ask for pricing for snow plowing of various sites on pages 6 and 7 of this RFQ for snow events with 2-8” of snow, but it is highly likely that the Clarke County Maintenance Department will handle these smaller snow events themselves without the need for outside assistance.

mailto:mlegge@clarkecounty.gov mailto:mlegge@clarkecounty.gov

RFQ#26-1110 Snow Clearing – Government and Schools Page 2 of 25

For larger snow events, the Clarke County Maintenance Department may call the selected vendor for assistance in plowing snow and more likely, assistance, in moving snow when staff can no longer plow it without the snow piling up into the parking lot. In this situation, the selected vendor would be called to move snow to other nearby areas on the respective School/County property, using a backhoe, dumptruck, or other large equipment. Therefore, the vendor must have equipment (such as dump truck, rubber tire backhoe, loader or bobcat) to facilitate the removal of large accumulation of snow that would be too heavy to plow or when there is no more room to plow without the snow falling back into the parking lot. Contractor must be sure to price each piece of equipment on an hourly rate. There is no guarantee for work with this contract as work is dependent on weather and the County Maintenance Department may be able to handle the larger snow event without the need for contractor assistance.

Tom Mayhew, Clarke County Joint Maintenance Director, will be the contact person, for the government and schools locations, and may be reached at 540-955-5123, or cell phone 540-277-7778. The selected vendor must contact Mr. Mayhew prior to any snow plowing and/or may not begin work until contacted by him. If

Mr. Mayhew cannot be reached, contact Mrs. Ruby Miller @ 540-955-5118.

The following locations are the locations in which the snow clearing may be needed. The quote response form asks vendors to provide pricing for each of the locations.

GOVERNMENT LOCATIONS

1. Clarke County Sheriff’s Department and Courthouse Complex – 100 to 106 N. Church Street in

Berrvyille (driveways to and from parking lots at sides and at rear, parking lots). Include the gravel parking lot behind the Courthouse/Sheriff Complex)

2. Clarke County Museum – 32 E. Main Street, Berryville.

3. Clarke County Social Services - 311 E. Main Street, Berryville (paved parking area)

4. Clarke County Animal Shelter – 225 Ramsburg Lane, Berryville (parking area in front of building).

5. *Clarke County Parks and Recreation & Active Living Center - 225 Al Smith Drive, Berryville (all parking lots in front of the pool, playground, Active Living Center, and Recreation Center)

*Contractor is not required to clear Al Smith Drive itself, as this is VDOT's responsibility.

6. Clarke County Transportation/Purchasing Building – 129 Ramsburg Lane, Berryville

SCHOOL LOCATIONS

7. Joint Finance Department-317 West Main Street, Berryville (left/eastern entrance and parking lot)

8. Clarke County Public Schools - as requested by Joint Maintenance Director

a. School Board Office – 317 West Main Street, Berryville (right/western entrance, right/western parking lot, parking lot behind building)

b. Johnson-Williams Middle School - 200 Swan Avenue, Berryville (all parking lots, the bus circle, and entrances on Swan Avenue and Lincoln Avenue)

c. Cooley Elementary School – Upper Campus - 34 Westwood Road, Berryville (only the paved sections of the parking lot and the entrances to Business Route 7 and Westwood

Road)

d. Cooley Elementary School- Lower Campus – 240 Westwood Road, Berryville (both front parking lots and all three entrances to Westwood Road)

e. Clarke County Maintenance Department- 370 Westwood Road, Berryville

f. Clarke County High School – 627 Mosby Boulevard, Berryville (entrances to Mosby Blvd.

and Business Route 7, all parking areas, and the bus loop)

g. Boyce Elementary School – 119 W. Main Street, Boyce (both the front entrance and parking lot and the back entrance and parking lot)

RFQ#26-1110 Snow Clearing – Government and Schools Page 3 of 25

The Clarke County Sanitary Authority has a separate contract for snow removal with its contracted operator, Inboden Environmental Services out of Mount Jackson, VA. However, there may be a rare occasion during a very large snow or ice storm that the Sanitary Authority may need to ride this contract. The CCSA reserves the right to ride this contract and utilize the hourly labor pricing that is quoted. A representative from the

CCSA will call requesting this service, if it is needed.

Note that the Clarke County Sanitary Authority has a long gravel road leading to its Water Plant at 543

Prospect Springs Lane in Boyce, VA, and a gravel road leading to its Sewer Plant at 162 Howards Lane in

Boyce, VA. The CCSA also has sewer lift stations on gravel roads at the Waterloo Sheetz, Waterloo

Handymart, Roseville (51 S. Greenway Avenue in Boyce), and Virginia Avenue (19 ½ Virginia Avenue in

Boyce).

Any snow depth exceeding eight (8) inches will require the use of heavy equipment (at an hourly rate).

Services may be required during normal working hours.

Since clearing the government/school grounds is high priority, the Contractor must be prepared to "stay on-the-job" once plowing/clearing has begun. The selected vendor shall furnish and have available sufficient operators to ensure a continuous operation of snow removal as directed by the Clarke County Joint

Maintenance Director or authorized designee.

The County reserves the right to award the contract to one Contractor or to split the award among two or more Contractors, depending on the amount of equipment and operators the Contractor has. Equipment and operators from one Contractor may not be sufficient to handle both General Government and Schools during major snowstorms/blizzards.

Clarke County Government has established a snow policy as it relates to parking on the various Government lots (locations 1-6 above):

• The parking lots should be plowed before 7:30 AM or after 6:00 PM.

• Mr. Mayhew will notify the contractor by 4:30 AM for morning plowing or by 3:00 PM if plowing is necessary late in the evening (after 6:00 PM).

Please complete and return Attachment B (Reference Form) and Attachment C (Company

Certification Form) with your Quote Response Form (Attachment A). Please also attach a sample copy of your Certificate of Insurance with your quote.

Prior to contract award, the successful contractor will be required to furnish:

• a Certificate of Insurance for General Liability and Automobile Liability insurance and

Workers' Compensation insurance that has the County of Clarke and Clarke County Public

Schools listed as the Certificate Holder and as Additionally insured (*see copy of insurance requirements attached)

• copy of current Clarke County/Town of Berryville contractor's business license number, if required.

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The Contractor will be responsible for any damage or injuries caused by the contractor’s negligence.

Reasonable caution is expected to be maintained by Contractor and its’ employees. The County is not responsible for any of the vendor’s equipment or materials on-site or left on-site. The County is not responsible for any repairs needed to any of the Vendor’s equipment or materials.

The selected vendor shall only have properly licensed, qualified, and capable individuals operating any and all machinery and equipment while on School and/or Government property. All equipment shall be in good operating condition.

The selected vendor shall be aware of inclement weather forecasts and advisories. The selected vendor will be given at least a three hour lead time when called in to report to the site and must be on site within three hours after being notified directly or through a message (voice/text). When inclement weather is forecast in advance, the Clarke County Maintenance Director will be in contact with the selected vendor to discuss mobilization, if needed.

The selected vendor’s manager/crew leader shall have the ability to communicate in English.

Contractor must document dates of snow plowing and submit all invoices to Clarke County Accounts

Payable, 317 West Main Street, Suite B, Berryville, VA 22611. When submitting invoices, please be sure to note dates and locations snow removal was done.

All of the sites are open to the public during normal working hours. However, if you would like to inspect the sites with our Maintenance Director to ask specific questions, please call Mr. Tom Mayhew at (540) 955-

5123 to schedule a date and time.

The County is not responsible for any costs incurred by any Vendor in preparing and submitting a quote in response to the RFQ. The expenses incurred by any vendor in the preparation, submission, and presentation of the Quote are the sole responsibility of the Vendor and may not be charged to the County.

Each vendor is required to state if it has ever been debarred by any federal, state, or local government. If so, please give the details of each such matter and include this information with your quote response.

Quote your rates, on the "quote form" enclosed for your convenience, as follows:

(1) per hour (rubber tire backhoe and operator) - minimum 8" depth

(2) per hour (dumptruck and operator)-minimum 8” depth

(3) per hour (tractor-powered snow blower/thrower)-minimum 8” depth

(4) per hour for any additional plowing services needed (4X4 truck with plow)

(5) per hour with operator for any other equipment available (please list options)

(6) list a 24 hour contact person and telephone number

(7) also list how many pieces of equipment your firm would have available at any one given time in the event of a major snow storm.

RFQ#26-1110 Snow Clearing – Government and Schools Page 5 of 25

Insurance Requirements

1. A Certificate of Insurance will be required from the selected vendor; please refer to

General Terms and Conditions for complete instructions. Please include a sample of your

Certificate of Insurance with your bid. All vendors shall include the cost of insurance in their bid pricing.

2. Worker’s Compensation Coverage is required for employers of three or more employees, to include the employer. Contractors who fail to notify CCPS of increases in the number of employees and subcontractors that change their workers’ compensation requirements under the

Code of Virginia during the course of the contract shall be in noncompliance with the contract.

Vendors (employers of three or more employees) shall include the cost of worker’s compensation insurance in their bid pricing. The selected vendor (if employer of three or more employees) must provide evidence of Worker’s Compensation Insurance coverage before starting any work. All vendors are solely responsible for insuring their workers and themselves when doing work for CCPS.

A vendor (employers of three or more employees) without Worker’s Compensation insurance can submit a bid; however, the selected vendor must purchase and show evidence of the Worker’s Compensation to CCPS before receiving the contract or starting any work.

Employers with less than three employees are not required to have Worker’s Compensation

Coverage. Employers with less than three employees that do not have Worker’s Compensation

Coverage agree that by submitting a bid that they are independent contractors and that the vendor and its employees are not employed by Clarke County Public Schools and are not covered by the Schools’ worker’s compensation coverage program.

3. Be sure to instruct your insurance carrier as to how the Certificate of Insurance is to be worded.

4. Vendor shall be responsible for requiring any subcontractors to have the required amount and types of insurance stated in this RFP.

5. If you have any questions regarding these limits, please contact the Clarke County

Purchasing Office for clarification and discussion.

6. Note that the selected vendor shall furnish CCPS with all certificates of insurance, endorsements, declaration pages, and policies affecting coverage. The selected vendor must provide an endorsement letter that verifies that CCPS, its officers, officials, employees, volunteers and agents (as their interest may appear)” are additionally insured.

7. CCPS shall not be responsible for any injury (including death) of any vendor or subcontractor that is visiting, inspecting, climbing, or conducting any work related to this procurement and the contract awarded in response to this procurement.

RFQ#26-1110 Snow Clearing – Government and Schools Page 6 of 25

ATTACHMENT A

County of Clarke, Virginia

JOINT ADMINISTRATIVE SERVICES

Purchasing and Receiving Department

129 Ramsburg Lane

Berryville, VA 22611 e-mail: mlegge@clarkecounty.gov

QUOTE FORM

SNOW CLEARING FOR CLARKE COUNTY GOVERNMENT AND PUBLIC SCHOOLS

Please return quotes before 3:00 pm on Tuesday, November 10, 2026

Mr. Michael Legge, Purchasing Manager

Clarke County Purchasing Office

129 Ramsburg Lane

Berryville, VA 22611

Dear Mr. Legge:

The undersigned vendor hereby submits a quote for “Snow Clearing for Clarke County Government and

Public Schools”, as outlined in your request dated Wednesday, October 14, 2026, as follows:

EQUIPMENT AVAILABLE FOR THIS CONTRACT (Please list a number beside each):

4X4 Trucks with Plows _______________________________

Dump Trucks ___________________________________

Backhoes _______________________________________

Backpack Blowers ________________________________

Handheld Blowers ________________________________

Please list any other applicable equipment pertaining to this contract:

EMPLOYEES AND CONTACT INFORMATION

Number of Employees Available to Work on this Contract: ____________________________

24- Hour Contact Person: _______________________________________________________

Office Number: _______________________________________________________________

24-Hour Contact Telephone Number: _____________________________________________

RFQ#26-1110 Snow Clearing – Government and Schools Page 7 of 25

PRICING (Pricing shall include all fuel, insurance, labor, material, and equipment cost)

SITE LOCATION PRICING PER SNOW CLEARING (DEPTH 2-8”)

#1: Clarke County Sheriff’s Department and

Courthouse Complex – 100 to 106 N. Church Street in Berrvyille (driveways to and from parking lots at sides and at rear, parking lots). Include the gravel parking lot behind the Courthouse/Sheriff Complex)

#2: Clarke County Museum – 32 E. Main Street, Berryville.

#3: Clarke County Social Services - 311 E. Main

Street, Berryville (paved parking area)

#4: Clarke County Animal Shelter – 225 Ramsburg

Lane, Berryville (parking area in front of building

#5: Clarke County Parks and Recreation & Active

Living Center - 225 Al Smith Drive, Berryville (all parking lots in front of the pool, playground, Active

Living Center, and Recreation Center)

#6: Clarke County Transportation/Purchasing

Building – 129 Ramsburg Lane, Berryville

#7: Joint Finance Department-317 West Main

Street, Berryville (left/eastern entrance and parking lot)

#8a: School Board Office – 317 West Main Street, Berryville (right/western entrance, right/western parking lot, parking lot behind building)

#8b: Johnson-Williams Middle School - 200 Swan

Avenue, Berryville (all parking lots, the bus circle, and entrances on Swan Avenue and Lincoln Avenue)

#8c: Cooley Elementary School – Upper Campus -

34 Westwood Road, Berryville (only the paved sections of the parking lot and the entrances to

Business Route 7 and Westwood Road)

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#8d: Cooley Elementary School- Lower Campus –

240 Westwood Road, Berryville (both front parking lots and all three entrances to Westwood Road)

#8e: Clarke County Maintenance Department- 370

Westwood Road, Berryville

#8f: Clarke County High School – 627 Mosby

Boulevard, Berryville (entrances to Mosby Blvd. and

Business Route 7, all parking areas, and the bus loop)

#8g: Boyce Elementary School – 119 W. Main

Street, Boyce (both the front entrance and parking lot and the back entrance and parking lot)

HOURLY PRICING

per hour (rubber tire backhoe and operator) -minimum 8" depth per hour (dump truck and operator)-minimum 8” depth per hour (tractor-powered snow blower/thrower)-minimum 8” depth per hour for any additional plowing services needed

(4X4 truck with plow) per hour with operator for any other equipment available (please list options)

GUARANTEED RESPONSE TIME: _____________________________________________________

LIST A 24-HOUR CONTACT PERSON AND TELEPHONE NUMBER:

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By my signature below, I hereby certify I do have all necessary insurance and licenses required and I understand that, upon acceptance of this quotation, I will be required to provide copies of same.

I also realize this contract may be renewed for up to five (5) additional years, based upon mutual agreement of all parties involved and confirmation of all necessary insurance/licenses.

SIGNATURE ______________________________________ DATE ___________________________

PRINT NAME _________________________________________________________________________

NAME OF FIRM________________________________________________________________________

ADDRESS _____________________________________________________________________________

CITY, STATE, ZIP_______________________________________________________________ _______

TELEPHONE_________________________________ FAX___________________________________

SOCIAL SECURITY OR FEDERAL TAX ID #______________________________________________

CLARKE COUNTY BUSINESS LICENSE #_______________________________________________

STATE CONTRACTOR'S LICENSE # ________________________________ CLASS ___________

NAME OF INSURANCE CARRIER, BROKER OR AGENCY_________________________________

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I. Attachment B - Reference Form

This form should be completed and returned as part of your quote. Offerors should provide the following references for four (4) most recent similar projects/jobs, preferably within Virginia.

CONTRACTOR'S NAME RFQ #

26-1110

1. FIRM NAME

CONTACT PERSON

TITLE

STREET ADDRESS, CITY, STATE, ZIP

TELEPHONE

FAX

SPECIFIC INFORMATION

2. FIRM NAME

3. FIRM NAME

4. FIRM NAME

RFQ#26-1110 Snow Clearing – Government and Schools Page 11 of 25

CLARKE COUNTY, VIRGINIA

RFQ #26-1110 SNOW CLEARING SERVICES

ATTACHMENT C - COMPANY CERTIFICATION

The undersigned, on behalf of _____________________________________________________

(insert company name) hereby certifies to the Clarke County School Board and Clarke County Public Schools that any employee of the company who will have direct contact with students on school property during regular school hours or during school-sponsored activities while providing services called for in the contract:

A. have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.

This certification is provided in accordance with the provisions of § 22.1 - 296.1 of the Code of Virginia.

Certification is also made in accordance with § 2.2 - 4311.1 that:

A. the contractor does not, and shall not during the performance of the contract for goods and services, knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

Signature:________________________________ Date:________________________________

Printed Name and Title of Person Making Certification

Address: _________________________________ Phone: ______________________________

________________________________________ Fax: _______________________________

Service(s) Provided: ____________________________________________________________

Dr. Rick Bolling, Jr.

Superintendent

Dr. Cathy Seal Assistant Superintendent

Dr. Jessica Nail Director of Curriculum and Instruction

Andre Kidrick Director of Operations

Clarke County Public Schools

317 West Main Street

Berryville, Virginia 22611

Phone: (540) 955-6100 www.clarke.k12.va.us http://www.clarke.k12.va.us/

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ATTACHMENT D:

COUNTY OF CLARKE GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are required for all sealed and unsealed written solicitations issued by the County of

Clarke. The County of Clarke includes the Clarke County Board of Supervisors and General Government, the Clarke County

School Board and School System, and all other agencies, boards, and commissions under the fiscal direction of the Clarke

County Board of Supervisors.

TABLE OF CONTENTS

A. COMPETITION INTENDED

B. INQUIRIES

C. INCONSISTENCY IN PROVISIONS

D. COOPERATIVE PURCHASING

E. ETHICS IN PUBLIC CONTRACTING

F. TAX-EXEMPT STATUS

G. APPLICABLE LAWS AND COURTS

H. FIRM BID PRICING

I. TIE BIDS

J. ANTI-DISCRIMINATION

K. IMMIGRATION REFORM AND CONTROL ACT OF 1986

L. DEBARMENT STATUS

M. RESPONSE FORM PROCEDURES

N. BID WITHDRAWALS

O. AWARD SPECIFICS

P. JUSTIFICATION FOR TERMINATION

Q. DRUG-FREE WORKPLACE

R. INSURANCE REQUIRMENTS

S. BOND REQUIREMENTS

T. PERMITS AND LICENSES

U. PAYMENTS TO CONTRACTOR

V. PAYMENTS TO SUBCONTRACTORS

W. DISPUTES

X. PROTEST OF AWARD OR DECISION TO AWARD

Y. USE OF BRAND NAMES

Z. PAYMENT OF CLARKE COUNTY TAXES

AA. NOTICE OF REQUIRED DISABILITY LEGISLATION COMPLIANCE

BB. CONTRACT QUANTITIES

CC. DEVIATIONS

DD. SAFETY

EE. HOLD HARMLESS CLAUSE

FF. REFERENCES

GG. FEDERAL/STATE LAWS AND COUNTY ORDINANCES

HH. ANITTRUST

II. DEFAULT

JJ. TYPES OF CONTRACT CLAUSES THAT THE COUNTY SHALL ATTEMPT TO REMOVE FROM VENDOR

CONTRACTS

KK. SEVERABILITY OF CONTRACT

A. COMPETITION INTENDED: It is Clarke County’s intent that this document permits competition. It shall be the prospective bidder’s responsibility to advise the Director of Joint Administrative Services in writing if any language requirements, specifications, etc., or any combinations thereof, inadvertently restrict or limit the requirements stated in this document to a single source. The Director of Joint Administrative Services must receive such notification not later than ten (10) calendar days prior to the date set for the bids to close.

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B. INQUIRIES: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder shall contact the Director of Joint Administrative Services, no later than seven (7) days before the due date.

Any changes after the bid is advertised will be official only when submitted in writing and signed by the Director of Joint

Administrative Services.

Any and all changes will be made by addendum and sent to all recorded holders of the bid documents.

All addenda issued will become part of the bid.

For a list of specific persons available to discuss this bid, see Points of Contact.

C. INCONSISTENCY IN PROVISIONS: In the event there are inconsistencies between the General Terms and Conditions and any other schedules contained herein, the first shall govern.

D. COOPERATIVE PURCHASING: It is the desire of Clarke County that all other jurisdictions be allowed to “ride the bid” and enter in to a contract with any successful Contractor chosen by Clarke County, based on mutual agreement between successful

Contractor(s) and other jurisdiction(s).

If this bid is used as a cooperative IFB issued by Clarke County, the following would apply:

1. Clarke County is acting as the “Contracting Agent” for the jurisdictions concerned and shall not be held liable for any costs, damages, etc., incurred by any other jurisdiction.

2. Each jurisdiction will execute its own purchase orders with the Contractor(s) and be invoiced accordingly, in accordance with each jurisdiction’s purchasing policy and procedures.

3. For copies of other jurisdictions’ terms and conditions, Contractor must contact them.

E. ETHICS IN PUBLIC CONTRACTING: The provisions contained in Article 6 of the Virginia Public Procurement Act (VPPA) as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered in to by Clarke County. A copy of these provisions may be obtained from the Director of Joint Administrative Service upon request.

By submitting their bids, all bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or Subcontractor in connection with their bid, and that they have not conferred to any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

The provisions referenced above supplement, but do not supersede, other provisions of law including, but not limited to, the

Virginia Conflict of Interest Act (§2.2-3100 et. Seq.). The provisions apply not withstanding the fact that the conduct described may not constitute a violation of the Virginia Conflict of Interests Act. To the extent that violations of the ethical standards of conduct constitute violations of the Code of Virginia, they shall be punishable as provided therein. Such sanctions shall be in addition to the civil remedies set forth.

By entering into a contract, the bidder conveys, sells, assigns, and transfers to Clarke County, all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the anti-trust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by Clarke County, under said contract.

Consistent and continued tie bidding could cause rejection of bids by Clarke County and/or investigation for anti-trust violations.

F. TAX-EXEMPT STATUS: Since municipalities and school districts are exempt from all direct federal and state taxes, Clarke County is tax-exempt and will provide a tax-exempt certificate upon request. Contractor is responsible for paying any and all taxes on any purchases that it directly makes.

G. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed by the laws of the

Commonwealth of Virginia. All Court proceedings shall be held in the Commonwealth of Virginia. The contractor shall comply with all applicable federal, state and local laws, rules, ordinances, and regulations.

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H. FIRM BID PRICING: Clarke County requires the bid price remains firm for ninety (90) days after date of the bid opening, during which period bids may not be withdrawn. “Discount from list” bids are not acceptable unless requested.

I. TIE BIDS: The Joint Administrative Services Department and all other departments of Clarke County making purchases of services, supplies, material or equipment, shall, in making purchases of same, give preference to services, supplies, material or equipment sold by Clarke County and the State of Virginia vendors, in that order, in all cases of tie bids, quality and service being equal.

J. ANTI-DISCRIMINATION: Every individual or firm bidding must be an Equal Opportunity Employer as defined by federal law and the Code of Virginia, Virginia Public Procurement Act as amended: “Section 2.2-4311, Employment Discrimination by Contractor

Prohibited” which reads:

All public bodies shall include in every contract of more than $10,000 the following provisions:

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

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

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

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

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

K. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bids, bidders certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the Federal

Immigration Reform and Control Act of 1986.

L. DEBARMENT STATUS: By submitting a bid, the bidder certifies that they are not currently debarred by the Federal Government, Commonwealth of Virginia, or by any City, Town, or County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

M. RESPONSE FORM PROCEDURES:

1. Response Forms must be signed and received at the Purchasing Office, before the opening hour.

2. Sealed Bids and Sealed Proposals offered by fax and or telephone will not be accepted.

3. Quotes offered by fax will be accepted; however, telephone quotes will not be accepted.

4. All Response Forms delivered in person must be delivered to the Purchasing Office.

5. In submitting a Response Form, the bidder signifies that he/she is fully informed as to the extent and character of the supplies, materials, equipment and/or services necessary to perform this project in accordance with all documents constituting the bid and will comply satisfactorily with the bid documents.

6. Further, the bidder signifies that when necessary he/she has inspected the site on which the work shall be done and is aware of all conditions affecting the execution of the work contained within the bid documents. Failure to visit the site will in no way relieve the successful bidder from performance under the contract.

7. All information required by the solicitation must be supplied to constitute a responsive bid. All information submitted including prices should be typed so as to insure legibility. However, the bidder’s signature shall be handwritten in ink in order for the bid to be considered.

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8. The bidder expressly warrants that the price or prices quoted herein are not the result of an agreement or understanding expressed or implied with any other bidder or bidders.

9. By submitting a Response Form, bidders certify that they are not currently debarred by Clarke County from submitting bids, proposals or quotes on contracts, nor are they an agent of any person or entity that is currently debarred by Clarke County from submitting bids, proposals or quotes.

10. Any Response Form submitted with corrections must have corrections initialed by the person who signed the original. The unit price will prevail in the event an error is made in computing totals.

11. All prices for materials are to be F.O.B. Destination, prepaid and allowed. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order, commodity description, and quantity.

12. The successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his/her right, title, or interest therein, or his/her power to execute written consent of Clarke County.

13. Bidders are encouraged to have a representative at the bid opening if information on the bids submitted is desired.

14. Bids will be opened at the advertised local prevailing time, but Clarke County officials reserve the right to take sufficient time to study the various bids and then make the awards. Bids will be awarded as promptly as possible after the closing date.

15. Unless otherwise specified, Response Forms must be submitted in triplicate and will be received at:

Clarke County Purchasing Office

129 Ramsburg Lane

Berryville VA 22611

16. Sealed Bid envelopes must be clearly marked, with the IFB number and project name, on the outside, lower left corner as follows:

Sealed Bid – Do Not Open

IFB #______________________________________

PROJECT NAME___________________________

17. Sealed Bids will be received up to the advertised time and date at the Clarke County Purchasing Office and at the appointed time will be opened publicly and read allowed. The clock on the Purchasing Office’s wall will be used to log the time each bid/proposal is received.

18. If more than one bid opening is held the same date, bids will be opened in succession as numbered and lettered (A, B, C, etc.).

a. Late bids will not be accepted. Bids received in the mail will be returned to the bidder unopened (provided properly sealed and marked as indicated above). Failure to comply with conditions set forth herein may result in removal of bid (all/part) from consideration.

b. All contracts, unless otherwise specifically stated, shall provide materials/commodities in new, first class condition, fresh stock, latest model, design or pack. This shall include any containers suitable for shipment, usage and/or storage unless otherwise indicated within this document. Verbal agreements to the contrary will not be recognized.

c. Any items or parts of any equipment listed in this solicitation which are not fully described or are omitted from such specifications and which are clearly necessary for the completion of such equipment and its appurtenance shall be considered a part of such equipment although not directly specified or called for in the specifications.

d. By law, Clarke County will not receive any materials, products, or chemicals that may be hazardous to an employee’s health, unless accompanied by a Material Safety Data Sheet (MSDS) when products and/or chemicals are received. MSDS must be submitted to Clarke County in triplicate.

N. BID WITHDRAWALS

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1. A bidder, for contract other than for public construction, may request withdrawal of his/her bid before award, by submitting a written request to the Director of Joint Administrative Services.

2. After bid/proposal opening, corrections shall be permitted only to the extent that the vendor can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the price actually intended. After the opening, no changes in prices or other provisions of bids/proposals prejudicial to the interest of the County or fair competition shall be permitted. In lieu of bid correction, a low bidder/offeror alleging a material mistake of fact may be permitted to withdraw its bid/proposal if:

a. the mistake is clearly evident on the face of the bid/proposal document but the intended correct bid/proposal is not similarly evident; or

b. the vendor submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the Director of Joint Administrative Services.

3. If bid bonds were tendered with the bid, Clarke County may exercise its right of collection. No bid may be withdrawn under this paragraph when the result would be the awarding of the contract on another bid of the same bidder in which the ownership of the withdrawing bidders is more than five percent (5%).

4. If a bid is withdrawn under the authority of this paragraph, the lowest qualified remaining bid shall be deemed to be the low bid.

5. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes shall be supported by a written determination made by the Director of Joint Administrative

Services.

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

O. AWARD SPECIFICS

1. Clarke County reserves the right to accept, reject and/or cancel all or any part of any Response Form, and to waive minor technicalities.

2. Awards will be made to the lowest responsive and responsible bidder(s), provided services and quality are considered to be equal to (or better than) that offered by other bidders, and the right is reserved to make the award to other than the lowest bidder when it is in the best interest of Clarke County. Further, Clarke County will be the sole judge as to conditions affecting such interest.

3. Clarke County may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the work and/or furnish the item(s), and the bidder shall furnish to Clarke County all such information and data for this purpose, as may be requested.

4. Clarke County reserves the right to inspect bidder’s physical facilities before award to satisfy questions regarding the bidder’s capabilities.

5. Clarke County further reserves the right to reject any bid, proposal or quote if the evidence submitted by, or investigations of, such bidder fails to satisfy Clarke County, that such bidder is properly qualified to carry out the obligations of the contract and to complete the work and/or furnish the item(s) contemplated therein.

6. Clarke County reserves the right to conduct any test/inspection it may deem advisable to assure supplies and services confirm to the specification.

7. A contract shall not be assignable by the Contractor, in whole or part, without the written consent of Clarke County.

8. Unless otherwise specified, the right is reserved to make award based on all work and/or items, or on any part of work/items, whichever is in the best interest of Clarke County.

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9. The right is reserved to cancel any contract and reject deliveries of any products or materials not in accordance with the specifications. All returns or exchanges will be at the Contractor’s expense. Clarke County shall be the sole and final judge.

10. The Contractor shall pay all sales, consumer, use and other similar taxes for work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective.

11. The right is reserved to decide when a deviation from specifications is of sufficient consequence, when measured against the purpose for which the item will be purchased, to justify including it for consideration. Clarke County shall be the sole and final judge.

12. Should the delivery of any part of an order be delayed beyond time specified, or should any portion of the products delivered fail to comply with the specifications, Clarke County shall have the right to buy at market price for immediately delivery, and any excess cost of same over the price named herein is to be paid by the Contractor or deducted from any money due him/her thereafter.

13. If delay is foreseen, the Contractor shall give thirty (30) days prior written notice to the Director of Joint

Administrative Services. Clarke County has the right to extend delivery date if reasons appear, in the sole discretion of Clarke County, to be valid. The Contractor must keep Clarke County advised at all times of status of order.

14. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the Joint

Administrative Services Department to purchase supplies, equipment or services elsewhere and charge the full increase in cost and handling to the defaulting Contractor.

15. The Joint Administrative Services Department will permit NO SUBSTITUTIONS OR CANCELLATIONS after award without written approval.

16. When Clarke County notifies a bidder, in writing, of its acceptance of the bidder’s price(s) of any goods or services, this notification will signify the effective date of the acceptance of this contract.

17. Cancellation of a contract for any reason may result in the removal of the successful bidder’s name from the mailing list for future bidding. If the cancellation is for non-performance of the contract, such cancellation may be at the successful bidder’s expense.

18. All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to the Purchasing

Office before final payment on the contract is made. Unless otherwise stated, the manufacturer’s standard warranty applies.

P. JUSTIFICATION FOR TERMINATION

1. Clarke County may terminate this contract in whole or part whenever the Director of Joint

Administrative Services shall determine that such a termination is in the best interest of Clarke

County.

2. Any such termination shall be effected by delivery to the Contractor at least ten (10) business days prior to the termination of a written Notice of Termination specifying the extent to which performance shall be terminated and the date upon which such termination becomes effective.

3. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit or unperformed services.

4. If any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval by Clarke County until said work or service is completed and accepted.

5. Possible reasons for termination are:

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a. Termination for Convenience – in the event this contract is terminated or cancelled upon request and for the convenience of Clarke County, without the required ten (10) days advance written notice, then Clarke

County shall negotiate reasonable termination costs, if applicable.

b. Termination for Cause – termination by Clarke County for cause, default or negligence on the part of the

Contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The ten (10) days advance notice requirement is waived in the event of Termination for Cause.

c. Termination Due to Unavailability of Funds in Succeeding Fiscal Years – when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.

Q. DRUG FREE WORKPLACE: Every individual or firm bidding must be an Equal Opportunity Employer as defined by federal law and the Code of Virginia, Virginia Public Procurement Act as amended: “Section 2.2-4312, Drug-free Workplace to be Maintained by Contractor; Required Contract Provisions” which reads:

All public bodies shall include in every contract over $10,000 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 on 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 any controlled substance or marijuana during the performance of the contract.

R. INSURANCE REQUIREMENTS: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §2.2-

4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contactor and any subcontractors, at any tier, will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

1. Please note the below insurance requirements are guideline minimum amounts only, and, depending on the goods/services required, may be increased or decreased. Any changes in insurance requirements will be referenced within this document, under Specific Reference to General Terms and

Conditions.

2. The successful bidder shall procure, maintain and provide proof of insurance coverage for injuries to persons and/or property damage as may arise from, or in conjunction with, the work performed on behalf of Clarke County by the bidder, his/her agents, representatives, employees or Subcontractors.

3. Actual proof of coverage as contained herein shall be submitted to Clarke County Purchasing

Office within five (5) days after award has been made and before any work starts, services are provided, or goods are delivered.

4. The bidder shall maintain such coverage for the duration of the contract period for

“occurrence” policies. “Claims made” policies must be in force, or that coverage purchased, for three (3) years after contract completion date.

5. The Certificate of Insurance shall be properly completed as follows:

a. It shall name “Clarke County, Virginia, its officers, officials, employees, volunteers and agents (as their interest may appear)” as “Certificate Holder”.

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b. It shall list “Clarke County, Virginia, its officers, officials, employees, volunteers and agents (as their interest may appear) added as an additional insured” under “Description of

Operations/Locations/Vehicles/Exclusions Added by Endorsement/Special Provisions”.

c. This provision may not apply to Professional Liability or Workers’

Compensation/Employers’ Liability.

6. The Certificate of Insurance shall be for a minimum of the following:

a. Worker’s Compensation- Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the County of Clarke of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

b. Employer’s Liability -…