Alleghany_County_Epoxy_Flooring_IFB.docx

ALLEGHANY COUNTY, VIRGINIA

REQUEST FOR BID pROPOSAL

EPOXY FLOORING INSTALLATION

Approximately 17,000 Square Feet

ISSUE DATE: October 13, 2026 PRE-BID MEETING DATE: October 26, 2026 Not Mandatory PRE-BID MEETING LOCATION: 110 Rosedale Avenue Covington VA 24426 BID DUE DATE: December 1, 2026

BID DUE TIME: 1:30 PM

PROJECT LOCATION: 110 Rosedale Avenue Covington VA 24426 POINT OF CONTACT: Joseph Hubble, Director of General Services

CONTACT INFO:

OFFICE: 540-863-6600 EXT 305

EMAIL: jhubble@co.alleghany.va.us

Bid Mailed to:

County of Alleghany C/O Joseph Hubble 9212 Winterberry Avenue Covington, Virginia 24426

SECTION I – INVITATION AND PROCUREMENT INFORMATION

A. Invitation Alleghany County, Virginia (“County”), invites sealed bids from qualified and responsible contractors for the furnishing of all labor, materials, equipment, supervision, surface preparation, installation, cleanup, disposal, and related services necessary to provide a complete epoxy flooring system for approximately 17,000 square feet of office space.

B. Procurement Method This solicitation is an Request for Bid (RFB). Award will be made in accordance with the Virginia Public Procurement Act, applicable County procurement requirements, and the terms of this RFB. The County intends to award the contract on a hybrid lump-sum/unit pricing basis to the lowest responsive and responsible bidder.

C. Bid Delivery Bids shall be submitted in the manner, location, and by the date and time stated in the final solicitation notice. Late bids shall be handled in accordance with the County’s General Terms and Conditions.

D. Questions and Addenda Questions concerning the solicitation shall be directed to the County contact identified above no later than the deadline established in the IFB. Any changes to the solicitation shall be made only by written addendum issued by the County.

E. Bid Validity Unless otherwise specified, bids shall remain valid for a minimum of thirty (30) calendar days following the established bid receipt date, consistent with the County’s General Terms and Conditions.

SECTION II – INSTRUCTIONS TO BIDDERS

1. Examination of Documents and Site Bidders shall carefully examine all solicitation documents and inspect the project site and existing conditions to the extent reasonably necessary to understand the work. Bidders shall verify dimensions, quantities, access, substrate conditions, floor penetrations, joints, transitions, environmental conditions, and operational constraints.

2. Basis of Bid The base bid shall be a complete hybrid lump-sum/unit pricing for all work necessary to provide a complete and operational epoxy flooring installation. Except for expressly identified unit prices or authorized changes, no additional compensation will be allowed for work reasonably inferable from the Scope of Work.

3. Product Equivalency The County intends to specify performance and functional requirements rather than favor a particular manufacturer. Equivalent systems may be proposed when they meet or exceed the requirements of this RFB. The bidder shall identify the exact manufacturer, product line, system components, thickness, and technical data for the proposed system. Picture of applied products must be provided from previous projects.

4. Exceptions All exceptions, exclusions, qualifications, or deviations shall be clearly stated on the Bid Form. Failure to identify an exception may be deemed acceptance of the solicitation requirement.

5. Bid Security The County’s existing Special Terms and Conditions require a five percent (5%) bid bond or guarantee when the total bid exceeds $100,000. This requirement is retained for this solicitation unless modified by written addendum.

6. Insurance Prior to execution of the contract, the successful bidder shall provide insurance meeting the County’s requirements, including commercial general liability coverage with limits of not less than $1,000,000 and statutory workers’ compensation coverage.

7. Contractor Qualifications The County may investigate the qualifications, experience, facilities, equipment, personnel, financial standing, references, and ability of any bidder to perform the work. The County may reject a bid if the bidder is not determined to be properly qualified.

SECTION III – SCOPE OF WORK AND TECHNICAL REQUIREMENTS

1. General Provide a complete epoxy flooring system over approximately 17,000 square feet, including mobilization, protection, substrate evaluation, surface preparation, repairs within the base scope, primer/base coat, epoxy body coat, protective topcoat, curing, final cleaning, and disposal.

2. Existing Substrate Inspect the existing concrete and identify cracks, spalling, delamination, coatings, adhesive residue, oil/grease contamination, chemical contamination, excessive moisture, deteriorated concrete, joints, drains, penetrations, and other conditions affecting installation.

3. Surface Preparation Prepare the concrete mechanically using diamond grinding, shot blasting, scarification, or other manufacturer-approved methods. Acid etching shall not be used as the sole preparation method unless specifically approved by the system manufacturer and County. Provide dust control and remove all contaminants that could interfere with adhesion.

4. Substrate Repairs Repair minor cracks, voids, spalls, divots, and similar deficiencies with compatible materials. Significant structural defects or conditions outside normal flooring preparation shall be reported to the County before proceeding. Additional repairs outside the base scope require written authorization.

5. Moisture Testing Evaluate the substrate for moisture in accordance with the flooring manufacturer’s requirements before installation. Notify the County if moisture exceeds allowable limits. Price moisture mitigation separately unless included in the base bid.

6. Flooring System Provide a complete compatible system consisting of prepared concrete substrate, primer/base coat, epoxy body coat, pigment system, and compatible clear protective topcoat.

7. Protective Topcoat and Slip Resistance Provide a clear protective topcoat suitable for commercial/institutional use and routine pedestrian traffic, cleaning, abrasion, staining, and common commercial cleaning agents. Provide appropriate slip resistance for the intended use.

8. Joints Identify existing control, expansion, isolation, and construction joints. Treat joints in accordance with manufacturer requirements. Do not bridge expansion or isolation joints unless specifically approved.

9. Drains and Penetrations Provide neat, sealed terminations around floor drains, cleanouts, pipes, columns, equipment bases, door frames, and other penetrations.

10. Cove Base Where designated by the County, provide a minimum four-inch epoxy cove base compatible with the flooring system. Price separately if not included in the base bid.

11. Environmental Conditions Comply with manufacturer requirements for temperature, humidity, substrate temperature, dew point, ventilation, moisture, mixing, application thickness, recoat windows, and cure time.

12. Protection and Cure Protect completed work from traffic, equipment, moisture, dirt, impact, and other damage until manufacturer-required cure times have been achieved. Repair damage caused by Contractor operations.

13. Cleanup and Waste Remove construction debris and waste generated by the work. No hazardous, toxic, petroleum, or other waste shall be released or disposed of on County property. Dispose of waste in accordance with applicable laws.

14. Warranty and Maintenance Provide the manufacturer’s commercial warranty and the Contractor’s workmanship warranty. Submit maintenance and cleaning recommendations, including approved products, prohibited products, cleaning methods, and periodic maintenance requirements.

SECTION IV – BID FORM AND PRICING SCHEDULE

The Bidder shall provide a lump-sum price for the complete Scope of Work. Pricing shall include all labor, materials, equipment, supervision, mobilization, preparation, installation, protection, cleanup, disposal, freight, delivery, handling, and incidental costs necessary to complete the work.

TOTAL LUMP SUM BID: $________________________________

Amount in Words: ____________________________________________________________ Alternates Alternative metallic epoxy system: $________________ Increased system thickness: $________________ Additional protective topcoat: $________________ Enhanced slip resistance: $________________ Cove base: $________________ Moisture mitigation: $________________ Other manufacturer-recommended enhancement: $________________ Exceptions Bidders must list all exceptions to specifications and requirements below or on an attached sheet:

SECTION V – BIDDER INFORMATION, REFERENCES, CERTIFICATIONS AND FORMS

A. Bidder Information Company Name: ____________________________________________________________ Address: ____________________________________________________________ City/State/ZIP: ____________________________________________________________ Telephone: ____________________________________________________________ Email: ____________________________________________________________ Contact Person: ____________________________________________________________ Virginia Contractor License No.: ____________________________________________________________ B. References Provide at least three references for similar commercial/institutional flooring work.

C. Certifications

D. Workers’ Compensation Certificate of Coverage The successful Contractor shall provide evidence of workers’ compensation coverage prior to commencement of work. The County may require completion of the County’s Workers’ Compensation Certificate of Coverage form.

Insurance Company: ____________________________________________________________ Policy Expiration Date: ____________________________________________________________ Contract Title: ____________________________________________________________ Project: ____________________________________________________________ Contract Number: ____________________________________________________________ Signed By: ____________________________________________________________ Title: ____________________________________________________________ Firm Name: ____________________________________________________________ Address: ____________________________________________________________ E. Bidder Certification The undersigned certifies that the Bidder has examined the solicitation, understands the Scope of Work, has included all costs necessary for complete performance, will comply with the County’s Terms and Conditions and applicable law, and has disclosed all exceptions.

Company: ____________________________________________________________ Authorized Signature: ____________________________________________________________ Printed Name: ____________________________________________________________ Title: ____________________________________________________________ Date: ____________________________________________________________

SECTION VI – SPECIAL TERMS AND CONDITIONS

1. Award The County will make the award on a hybrid lump-sum/unit pricing basis to the lowest responsive and responsible bidder and reserves the rights stated in the County’s existing Special Terms and Conditions.

2. Bid Bond or Guarantee If the total amount of the bid exceeds $100,000, the bid shall be accompanied by a five percent (5%) bid bond or guarantee as required by the County solicitation.

3. Performance and Payment Bonds If the total amount of the bid exceeds $100,000, the successful bidder shall deliver the Commonwealth of Virginia Standard Performance and Labor and Material Payment Bonds required by the County’s solicitation.

4. Cancellation The County may cancel and terminate the contract for cause or without cause in accordance with the County’s existing Special Terms and Conditions.

5. Extra Charges Not Allowed The bid price shall be for complete performance of the Scope of Work, including labor, materials, freight, delivery, handling, installation, and other charges. Extra charges will not be allowed except as authorized by the contract.

6. Hazardous and Other Waste The Contractor shall comply with the County’s hazardous and other waste provisions and applicable environmental laws.

7. Insurance The Contractor shall provide the insurance required by the County, including commercial general liability and workers’ compensation coverage.

8. Safety The Contractor shall maintain an adequate safety program and comply with OSHA and applicable safety requirements.

9. Subcontracting No portion of the work may be subcontracted without prior written County consent. The prime Contractor remains responsible for subcontractor performance.

10. Warranty The Contractor shall provide the most favorable commercial warranty it gives customers for the applicable supplies/services and provide a copy with the bid.

11. Work-Site Damages Damage to utilities, equipment, finished surfaces, structures, or other property resulting from Contractor operations shall be repaired at Contractor expense.

SECTION VII – SAMPLE CONTRACT

CONTRACT

This Contract is entered into this ______ day of __________________, 20____, by ______________________________, hereinafter called the “Contractor,” and the County of Alleghany, Virginia, hereinafter called the “County.”

WITNESSETH that the Contractor and the County, in consideration of the mutual covenants, promises, and agreements contained herein, agree as follows:

Scope of Services The Contractor shall provide the services and construction work set forth in the IFB for Metallic Epoxy Flooring Installation, approximately 17,000 square feet, together with all incorporated solicitation documents.

Contract Period The initial contract period is __________________ through __________________.

Compensation and Method of Payment The Contractor shall be paid in accordance with the IFB and Contractor’s Bid submitted thereto, subject to authorized changes and the County’s payment provisions.

Contract Documents The Contract Documents shall consist of this signed Contract, the Invitation for Bid and its Terms and Conditions, written Addenda, the Scope of Work, the Bid submitted by the Contractor, and authorized written modifications.

Signatures CONTRACTOR – By: ____________________________________________________________ Title: ____________________________________________________________ Attest: ____________________________________________________________ COUNTY OF ALLEGHANY – By: ____________________________________________________________ Title: ____________________________________________________________ Attest: ____________________________________________________________

SECTION VIII – TERMS AND CONDITIONS

The following General Terms and Conditions, Special Terms and Conditions, sample contract provisions, bid form provisions, reference requirements, certifications, and workers’ compensation provisions are incorporated from the County’s supplied solicitation template. Where this project-specific IFB adds a requirement, the project-specific requirement shall apply unless inconsistent with the County’s established legal terms.

GENERAL TERMS AND CONDITIONS

A. Acceptance of Bids: Unless otherwise specified, all bids submitted shall be valid for a minimum period of 60 calendar days following the date established for receiving bids. At the end of the 60 calendar days, if no award has been made, the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

B. Anti-Discrimination: By submitting their bids, bidders certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the *Virginia Public Procurement Act (VPPA).* If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (*Code of Virginia*, § 2.2-4343.1E). In every contract over $10,000 the provisions in 1 and 2 below apply:

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 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.

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 these requirements.

2. The contractor will include the provisions of 1 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

D. Applicable Laws and Courts: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth of Virginia with jurisdiction within the County where the work is to be performed or in the United States District Court for the Western District of Virginia, Roanoke, Virginia. The Contractor shall comply with federal, state and local laws and regulations.

E. Assignment of Contract: A contract shall not be assignable by the contractor in whole or in part without the written consent of the County.

F. Availability of Funds: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

G. Bid Pricing: The Bid price shall be an all-inclusive price to deliver the specified goods and/or services FOB Destination to the address specified address per the specifications. Invoices must be itemized and will be paid at the unit price in the bid. The County will not accept or pay for additional line items such as freight, shipping and handling, delivery, downtime, equipment, lost time due to inclement weather or any other charges additional to the unit prices quoted in the Bid. Prices are to remain in effect the entire term of the contract and may only be increased at the time of optional renewal as mutually agreed upon by the parties.

H. Changes to the Contract: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The County may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the County a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Count’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the County with all vouchers and records of expenses incurred and savings realized. The County shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the County within thirty (30) days from the date of receipt of the written order from the County. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the dispute’s provisions of the Commonwealth of Virginia *Vendors Manual*. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the County or with the performance of the contract generally.

I. Claims: Contractual claims, whether for money or other relief, shall be submitted in writing to Alleghany County, 9212 Winterberry Avenue, Covington, VA 24426 no later than sixty (60) days after final payment; however, written notice of the Contractor’s intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pending claims shall not delay payment of amounts agreed due in the final payment (Code of Virginia, Section 2.2-4363). A contractor may not institute legal action prior to receipt of the Building Official’s decision on the claim, unless that office fails to render such decision within sixty (60) days. Failure of the County to render a decision within sixty (60) days shall not result in the contractor being awarded the relief claimed or in any other relief or penalty. The sole remedy for the County’s failure to render a decision within sixty (60) days shall be the Contractor’s right to institute immediate legal action. The decision of the Building Official shall be final and conclusive unless the contractor, within six (6) months of the date of the final decision of the claim, institutes legal action as provided in the Code of Virginia, Section 2.2-4364.

J. Clarification of Terms: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the County contact whose name appears on the face of the solicitation no later than three (3) working days before the due date. The bidder may be asked to submit such questions in writing. Any revisions to the solicitation will be made only by addendum issued by the County.

K. Debarment Status: By submitting their bids, bidders certify that they are not currently debarred by the Commonwealth of Virginia or the 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.

L. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have. In addition, the County reserves the right to cancel any orders placed that are not delivered by the date specified in the Invitation for Bid.

M. Drug-Free Workplace: 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, 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.

N. Ethics in Public Contracting: By submitting their bids, 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 on 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.

O. Facsimile and Email Bids: Facsimile or email bids will not be accepted for sealed bids.

P. Immigration Reform and Control Act of 1986: By submitting their bids, the 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\. The Contractor shall maintain complete documentation on employees including the I-9 form required by the U.S. Department of Citizenship and Immigration Services, and supporting documentation including permanent resident alien VISA, temporary alien VISA, or other forms of appropriate documentation as identified by the I-9 form, and to furnish these documents to the County, at any time upon request, for any employee working on projects in accordance with the scope of the work involved in this or other contracts with the County.

Q. Indemnification: Contractor agrees to indemnify, defend and hold harmless the County and the Commonwealth of Virginia and their officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor and any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the County or failure of the County to use the materials, good, or equipment in such manner already and permanently described by the contractor on the materials, goods or equipment delivered.

R. Late Bids: To be considered for selection, bids must be received by the County by the designated date and hour. Bids received in the County after the date and hour designated are automatically disqualified and will not be considered. The County is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or other means of delivery. It is the sole responsibility of the bidder to ensure that its bid reaches the County by the designated time and hour.

S. Mandatory Use of County Form and Terms and Conditions: Failure to submit a bid on the official County form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bid may be cause for rejection of the bid; however, the County reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the County may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

T. Negotiation with the Lowest Bidder: Unless all bids are cancelled or rejected, the County reserves the right granted by § 2.2-4318 of the *Code of Virginia* to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the County whenever such low bid exceeds the County’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by the agency for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The County shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the County wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the County and the lowest responsive, responsible bidder.

U. Nondiscrimination of Contractors: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

V. Payment:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the County or state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 60 days will be regarded as requiring payment 60 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 60 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the County shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (*Code of Virginia, * § 2.2-4363).

2. To Subcontractors:

a. A contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the County for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the County and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

a. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the County, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the County.

W. Precedence of Terms: The following General Terms and Conditions ANTI-DISCRIMINATION, ANTITRUST, APPLICABLE LAWS AND COURTS, CLARIFICATION OF TERMS, DEBARMENT STATUS, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS, PAYMENT, VENDORS MANUAL shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

X. Qualification of Bidders: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The County further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

Y. Supremacy Clause: Notwithstanding any provision in the bidder’s response to the contrary, the bidder agrees that the terms and conditions contained in the County’s bid prevail over contrary terms and conditions contained in the bidder’s response.

Z. Transportation and Packaging: By submitting their bids, all bidders certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. 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 number, commodity description, and quantity.

AA. Testing and Inspection: The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

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

CC. Vendors Manual: This solicitation is subject to the provisions of the Commonwealth of Virginia *Vendors Manual* and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is available for review from the Commonwealth of Virginia Division of Purchase and Supply in Richmond, VA and is normally accessible on the Internet at [www.eva.virginia.gov] (http://www.eva.virginia.gov/) under “Vendors Manual” on the vendors tab.

SPECIAL TERMS AND CONDITIONS

1. Award: The County will make the award on a lump sum basis to the lowest responsive and responsible bidder. The County also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest. Should a successful bidder fail or refuse to execute and return the Contract and supply the required documentation, including without limitation insurance, within the time allowed, the County may proceed to contract with the next lowest responsive and responsible bidder meeting all specifications and reference requirements. Each bidder may be required to submit evidence of qualifications, experience, equipment, and financial standing to perform the work specified in this solicitation. The County will consider provided references or the County’s prior experience with the bidders as part of the evaluation of bids.

2. Bid Bond or Guarantee: If the total amount of the bid exceeds $100,000, the bid shall be accompanied by a bid bond or guarantee of five percent (5%) of the amount of the bid, which shall be a certified check, cash escrow, or a bid bond payable to the County. The sureties of all bonds shall be of such surety company or companies as are approved by the State and are authorized to transact business in the Commonwealth of Virginia. Such bid bond or check shall be submitted with the understanding that it shall guarantee that the bidder will not withdraw such bid during the period of thirty (60) days following the opening of bids; that if such bid is accepted, the bidder will accept and perform under the terms of the Invitation for Bid and purchase order or contract. The bid guarantee will be returned upon award of contract.

3. Cancellation:

A. For Cause the County may cancel and terminate this Contract upon written notice to Contractor whenever the County determines, in the County’s sole and exclusive discretion, that Contractor’s services fall below the quality of services generally provided by others for similar types of services, or Contractor has failed to perform in accordance with this Contract. Prior to any such cancellation and termination, Contractor shall be given written notice and five (5) days to cure such failures. Default by Contractor hereunder shall constitute a basis for determining for future contracts that Contractor is not a responsible bidder and for the County to refuse to award such future contracts to Contractor. In the event that Contractor defaults in the performance of any of the terms, conditions or agreements contained in this Contract, and/or the County places the enforcement of all or part of this Contract in the hands of an attorney for enforcement, including the filing of a suit upon the same, Contractor agrees to pay all of the County’s reasonable attorney's fees and costs related to any such proceeding.

B. Without Cause the County may cancel this Contract without cause at any time upon five (5) days advance written notice, and may stop any or all Work at any time during the five-day period, provided that Contractor shall be paid for all work satisfactorily completed on or before the effective date of the cancellation, as determined by the County, in its sole and exclusive discretion.

4. Duplicate Copies: Contract resulting from this solicitation may be executed in any number of counterparts, each of which shall be deemed an original and all of such counterparts together shall constitute one and the same instrument.

5. Extra Charges Not Allowed: The bid price shall be for complete performance of services per the Scope of Work including all labor and materials, and shall include all applicable freight, delivery, handling, installation, and other charges; extra charges will not be allowed.

6. Hazardous and Other Wastes Material and Substances: Contractor shall not dispose of or release any wastes of any kind, whether hazardous or not, on the County’s premises. Contractor shall remove all waste containers and debris arising from its work and shall dispose of it properly, in accordance with all applicable laws. Contractor shall not bring or allow or permit to be brought onto the premises and shall not dispose of or release onto or from any County or other property any hazardous, toxic or petroleum material, substance, or waste. Compliance with all environmental laws shall be Contractor's sole responsibility at its sole cost. Contractor shall immediately furnish to the County written notice of any and all releases of hazardous wastes, materials or substances whenever such releases are required to be reported to any federal, state or local authority, and pay for all clean up and removal costs. Such written notice shall identify the substance released, the amount released, and the measures undertaken to clean up and remove the released material and any contaminated soil or water, and shall further certify that no contamination remains. Regardless of the County’s acquiescence and in addition to indemnification provisions contained elsewhere in this Agreement, Contractor shall defend, indemnify, and hold the County, its officers, agents, and employees, harmless from all costs, liabilities, fines or penalties, including attorney's fees, resulting from or arising out of violation of this section and agrees to reimburse said parties for any and all costs and expenses incurred in eliminating or remedying such violations. Contractor further covenants and agrees to reimburse the County and hold the County, its officers, agents and employees harmless from any and all costs, expenses, attorney's fees and all penalties or civil judgments obtained against the County as a result of Contractor's use, release or disposal of any petroleum product, hazardous substance, material, or waste onto the ground or into the water or air. Contractor agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising under this section and Contractor further agrees that it will not raise or plead a statute of limitations defense in any action arising out of Contractor's failure to comply with the provisions contained in this section.

7. Insurance: Liability Coverage

a. Prior to execution of this Contract by the County, the Contractor shall obtain and provide the County with evidence in form acceptable to the County of commercial comprehensive general public liability occurrence-type insurance that includes contractual liability as well as products and completed operations insurance and automobile liability naming Contractor as insured and its employees as well as the County and its officials, officers, agents, and employees, as additional insured, providing coverage against any and all claims and demands made by any person or persons whomsoever for injuries or death or property damage incurred in connection with or arising out of the Work performed hereunder and including contractual liability coverage for the indemnity and other terms and conditions of this agreement, which policies shall provide limits of not less than $1,000,000.00. B. Workers’ Compensation

a. Prior to execution of this Contract by the County, the Contractor shall obtain and provide the County with evidence in form acceptable to the County of statutory Workers’ Compensation and Employer’s Liability Insurance for all of its employees engaged in the Work, and Contractor shall maintain such coverage during the term of the Contract. C. Insurance Not to Be Limit on Liability

a. Contractor covenants and agrees that the insurance coverage required under this agreement shall in no way be considered or used in any manner as a limit or cap of any kind on any liability or obligation that Contractor may otherwise have, including without limitation, liability under the indemnification provisions contained herein.

8. Performance and Payment Bonds: If the total amount of the bid exceeds $100,000, the successful bidder shall deliver to the County executed Commonwealth of Virginia Standard Performance and Labor and Material Payment Bonds, each in the sum of the contract amount, with the County as obligee. The surety shall be a surety company or companies approved by the State Corporation Commission to transact business in the Commonwealth of Virginia. No payment shall be due and payable to the Contractor, even if the contract has been performed in whole or in part, until the bonds have been delivered to and approved by the County.

9. Safety: Contractors working in the County must maintain an adequate safety program to ensure the safety of contractor employees, subcontractor employees, all other individuals working under this contract, County employees, and the general public. The Occupational Safety and Health Administration (OSHA) provides for safety and health protection for employees on the job. The contractor is required to comply with OSHA standards.

10. Severability: Any provision or part of this Contract held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be binding upon the parties hereto, who agree that the Contract shall be reformed to replace such stricken provision or part thereof with a valid or enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

11. Survival: All representations, agreements, covenants, and indemnifications made in or given by Contractor in this Contract shall survive the completion of all services under this Contract and the termination of this Contract for any reason.

12.Subcontracting:…