Q128412-BD, Municipal Scrap Metal Recycling and Container Services.pdf

REQUEST FOR QUOTES

RFQ No. Q128412-BD

Issue Date: September 23, 2026

County of York, Virginia

CENTRAL PURCHASING

120 Alexander Hamilton Blvd.

Yorktown, VA 23690

Phone: (757) 890-3680 https://www.yorkcounty.gov/571/Central-Purchasing

Title:

Municipal Scrap Metal Recycling and Container Services

Pre-Proposal Meeting

A Pre-Proposal Meeting is not scheduled for this solicitation.

Proposals Due: September 30, 2026 through 2:00 PM

Method of Proposal Submittal

The Proposal MUST be emailed to the Contract Officer named below; do not deliver your quote by any other means.

DO NOT SUBMIT YOUR RESPONSE THROUGH eVA. Only responses submitted directly to Central Purchasing will be considered.

Questions: Questions or comments related to this solicitation shall be directed to the Contract Officer not later than 10:00 a.m. on September 28, 2026. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted.

Contract Officer: Beth Dunlap, Chief of Procurement Beth.dunlap@yorkcounty.gov

The County of York, Virginia (the “Owner”) is seeking proposals from qualified firms (the “Offeror”, “Vendor”, “Contractor” or “Consultant”) to furnish the goods and/or services described herein, for submittal to the County as specified above. This solicitation is posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov) and is available for free download.

A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting “Solicitations” from the left side bar. Offerors and potential subcontractors may communicate and collaborate using the B2B Connect through the B2B Connect tab on the eVA solicitation webpage.

Municipal Scrap Metal Recycling and Container Services Q128412-BD

For purposes of this solicitation, the following definitions shall apply:

“Contractor” The legal entity to whom an award is made as a result of this solicitation.

“Bidder” A person, contractor, company, or vendor that submits a quote in response to a solicitation.

“Quote” Response to this solicitation for goods or services outlined in the scope of work.

“Owner”: County; County of York, Virginia; or any of its departments, agencies or officers, including specifically, but not limited to, the York County School Board, the York-Poquoson Department of Social Services, Constitutional Officers, the York County Library, or any other governmental entity for which the County is acting as agent.

Table of Contents

REQUIREMENTS

Section A – Scope of Work Section B – Proposal Process Section C – Contract Specific Terms and Conditions Section D – General Terms and Conditions

EXHIBITS

DO NOT COMPLETE OR RETURN EXHIBITS WITH YOUR PROPOSAL.

A sample Contract is provided as an Exhibit.

Exhibits within the Contract shall include:

A. Bidder’s Quote B. Certification of Compliance with Immigration Laws and Regulations C. Insurance Requirements

SUBMITTAL DOCUMENTS

Form A: Quote Form (Include responses to all sections)

Form B: SWAM Information Form C: References Form D: Proprietary Information Form E: Insurance Carrier Acknowledgement

REQUIREMENTS

SECTION A

SCOPE OF WORK

1. PURPOSE. The Contractor shall provide, deliver, maintain, and service scrap metal recycling containers at the designated County facility and collection location at 145 Goodwin Neck Road Yorktown, VA 23692.

The primary goal is the safe collection, transportation, and market-optimized recycling of mixed ferrous scrap metals while maximizing financial recovery for the County.

2. SCOPE OF SERVICES AND CONTRACTOR RESPONSIBILITIES.

2.1 Container Specifications & Provision

Provision & Sizing: Provide two open-top, high-capacity 40-yard roll-off containers.

Structural Integrity: Maintain all containers in completely safe, clean, and serviceable condition— devoid of structural holes, liquid leaks, or compromised doors.

Clear Labeling: Afford prominent physical decals displaying the Contractor’s corporate identity, container capacity, and emergency contact numbers.

Site Deployment: Deliver and position equipment exclusively on designated firm, stable, and level surfaces designated by the authorized County representative.

2.2 Collection, Hauling, & Operational Requirements

Turnaround Window: Execute a physical container swap-out or haul within 48 hours of an on-demand service request initiated by the County.

Logistical Transport: Safely transport loaded containers via legally permitted trucks to an authorized recycling facility; zero municipal scrap metal may pass into a landfill.

Environmental Clean-Up: Assume immediate and full cleanup liability for any operational fluid leaks, dropped fragments, or stray metallic debris generated during the hauling process.

3. MATERIAL CLASSIFICATION

3.1 Acceptable Materials

Mixed ferrous scrap (light iron), including appliances.

3.2 Prohibited Waste

Hazards & Toxins: Sealed canisters/tanks, compressed gas cylinders, free-flowing automotive oils, radioactive waste, asbestos-bearing items, and general organic refuse.

4. REVENUE SHARING & INDEX PRICING STRUCTURE

4.1 Scrap Metal Pricing

Scrap metal shall be valued using the Fastmarkets’ published Export Yard Buying Price for the Philadelphia market. The applicable monthly index shall be the prior month’s final monthly average and shall be used for loads processed during the following month.

4.2 Container and Haul Fees

The Contractor shall charge the fixed Container Swap-Out/Haul Fee stated in the Bid Form for each container pull. No additional fuel, administrative, environmental, or other surcharges shall be permitted.

A Dry Run/Wasted Trip Fee may be charged only when access to the container is blocked or otherwise prevented by County property or vehicles.

4.3 Monthly Settlement

Within ten (10) business days after the end of each month, the Contractor shall provide the County with an itemized statement showing:

Applicable market index prices;

Gross scrap metal value;

Container Swap-Out/Haul Fees; and Net amount due to the County.

The Contractor shall pay the net amount due to the County by check with the monthly statement.

5. Facility Safety Rules

Contractor operators must have on standard personal protective equipment (PPE), including steel-toed footwear, high-visibility outerwear, and hard hats while traversing County properties.

All on-site vehicular movements must fully comply with local facility speed boundaries, safety signage, and directional instructions.

(End of Section A)

SECTION B

SUBMISSION REQUIREMENTS AND EVALUATION

1. eVA REGISTRATION

a. In order to participate in County of York solicitation opportunities, Bidders/Offerors are not required to be registered in eVA. However, because the County uses eVA to post awards, eVA registration by the selected firm(s) may become necessary. Award of a County of York contract as a result of this solicitation will not result in the assessment of a fee from eVA.

b. eVA registration provides access to many free services and tools including automated placement on bidders lists and email/fax notifications for business opportunities with Virginia State Agencies, Colleges and Universities, as well as many Local Governments.

c. DO NOT SUBMIT YOUR RESPONSE THROUGH eVA. Only responses submitted directly to Central Purchasing will be considered.

2. QUOTE PREPARATION AND SUBMISSION REQUIREMENTS

a. Quotes will be received by the office of Central Purchasing, County of York, Virginia, through the due date and hour shown on the first page of this solicitation (local prevailing time). Email the quote to the Contract Officer named on page one of this solicitation document, or deliver a paper copy to the Central Purchasing office. There is NO public opening for this solicitation.

1. Include the following information on the Subject Line of the e-mail (or outside of the envelope of a paper copy delivered to the Central Purchasing office).

Quote Number, Due Date, Title of Quote

2. Unless changed by an addendum issued by Central Purchasing, the date and time specified for submittal shall be as specified on page one of this RFQ, regardless of whether or not the office is open. (emailed responses are preferred). If no timely bids are received by the specified date/time, the county’s Purchasing Agent may, at its sole discretion, consider a late submittal.

b. Quotes will not be accepted if submitted by any other method than as specified in “a” above.

c. All quotes shall be submitted on and in accordance with this form. Failure to return required documents and information specified herein may result in a determination that the quote is non-responsive. All costs associated with preparing a quote are the Bidder’s responsibility.

d. The solicitation document as posted by Central Purchasing shall be considered the official copy. In the case of any inconsistency between quote documents submitted to the County, but not clearly listed on the exception page of the document as an exception by the Bidder, the language of the official copy shall prevail. Furthermore, any exception or changes to the specifications made by the Bidder may be cause to disqualify the quote from award consideration.

e. If this solicitation requests information in an electronic format, all electronic files uploaded must be in a common format accessible by software programs the County uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft

NOTE: Direct contact with anyone other than the County of York, Virginia Central Purchasing, including other County departments or the County’s consultants, regarding this Request for Quote (RFQ) is expressly forbidden except with the permission of the Contract Officer. Violation of this directive may result in a determination that the Offeror is ineligible for award.

Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Offerors will not secure, password protect or lock uploaded files; the County must be able to open and view the contents of the file. Offerors will not disable or restrict the ability of the County to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The County may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

f. Quotes received in Central Purchasing after the due date and time may not be accepted or considered.

It will be the responsibility of the Bidder to see that his quote is in Central Purchasing by the specified time and date. There will be no exceptions. Failure to return required documents and information specified herein may result in a determination that the quote is non-responsive.

g. The County’s receipt of a quote document is not to be construed as a determination that the quote document is responsive, nor shall receipt of a quote document be construed as an award or an order to provide goods or services.

h. All quotes must be signed by an officer or employee having the authority to sign on behalf of the firm.

i. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the

County, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the County.

j. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink and must be initialed and dated in ink by the person signing the quote.

k. Prices shall be entered on and in accordance with the quote form. In case of an error in the calculation of cost based on multiple units of the same item, the unit price shall govern and the correct amount will be calculated by the County. In case of an error in the total cost, the individual line items shall govern and the summation will be calculated by the County. When included on the quote form, failure to provide unit pricing may result in a determination of non-responsiveness.

l. The Terms and Conditions in this Request For Quotes shall supersede any terms and conditions of the Bidder’s quote. Notwithstanding the preceding sentence, all provisions of the contract regarding insurance, indemnification and duty to defend shall be interpreted to Virginia Law to be consistent with Virginia Code §11-4.4. Any additional conditions a Bidder intends to be considered must be submitted as part of the quote and be indicated on the Exceptions section of the Quote Form. Such exceptions may result in the quote being determined non-responsive.

m. The Specifications, Scope of Work, Item Descriptions, etc. shall supersede any additional writings submitted by the Bidder. Such writings shall be clearly marked and noted by the Bidder on the exception page.

n. Unless otherwise stipulated as “No Substitute” in this solicitation, the name of a certain brand, make or manufacturer shall not restrict bidders to the specific brand, make or manufacturer named and shall be deemed to convey the general style, type, character, and quality of the article desired.

However, if submitting a bid on goods and/or services other than as specified, the Bidder shall so note on the Exceptions section of the Bid Form and include with the submitted bid documentation supporting equivalency to that which is specified by the Owner in the solicitation. The burden of proof as to the comparative quality and suitability of alternative equipment, articles or materials shall be upon the Bidder. The Owner shall be the sole judge as to the comparative quality and suitability of alternative equipment, articles or materials and the Owner’s decisions shall be final. Any article that the Owner in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

Unless the Contractor’s bid notes that the goods and/or services would be other than as specified by the Owner, then the exact goods and/or services specified in the Solicitation shall be provided.

Although not required, the Owner recommends that requests for approval of alternate products be submitted in writing to the Contract Officer a minimum of seven (7) calendar days prior to the due date and time of the solicitation. The request should include documentation supporting equivalency to that which is specified by the Owner in the solicitation. If the Owner in its sole discretion determines the proposed alternates to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, then an addendum to the solicitation will be issued to notify all potential bidders that the alternate will be accepted.

o. The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

p. Bidders may request withdrawal of their quotes from consideration due to error by giving notice not later than two business days after quotes are due. Work papers showing evidence of error(s) may be required. Upon request, administrative withdrawal procedures will be provided that shall be used for that purpose.

q. By submitting a quote, the Bidder certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with that entity. If a debarment or suspension exists, supporting information shall be provided with the response. Suspension or debarment may disqualify the Bidder from award of a contract.

r. Quote submittals (including all documents, schedules, reports, plans and other attachments) shall become the property of the County of York, VA and/or any agency of the County, and/or any political subdivision for whom the County of York, VA issues this solicitation, and documents will not be returned to the Bidder.

3. ADDENDA: Changes or supplemental instructions to this Request for Quote will be in the form of written Addenda. All Addenda will be posted online with this solicitation. It is the Bidder’s responsibility to check for Addenda prior to the quote due date and time to ensure that all addenda are received.

The County posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar.

All Bidders shall acknowledge receipt of Addenda with the Quote. Acknowledgement of all Addenda shall be in the space provided on the Quote Form or by returning a copy of each signed Addendum.

If all Addenda are not acknowledged, the Quote may be determined non-responsive.

4. EVALUATION OF QUOTES: In evaluating Quotes, the County shall consider the qualifications and experience of the Bidders, whether or not the quotes comply with the prescribed requirements, unit and lump sum prices, and additive/alternate quote items if requested in the Quote Form.

The County may conduct such investigations as deemed necessary to establish the responsibility, qualifications and financial ability of the Bidders, and other persons and organizations to do the Work in accordance with the Quote Documents to the County’s satisfaction within the prescribed time.

5. AWARD AND EXECUTION OF CONTRACT: Award shall be made to the responsive and responsible Bidder based on the highest net amount due to the County. The ability, capacity, skill, character, integrity, reputation, judgement, experience, efficiency, ability to perform within the time specified, quality of performance of pervious contract, financial resources, suitability of goods or services to particular purpose and future maintenance and service and any exception noted will be taken into consideration in making an award.

When the terms and conditions of multiple contracts are so provided for in the RFQ, awards may be made to more than one bidder. If in the event only one quote is received and the Purchasing Agent in consultation with the using agency makes a determination that it would not be in the best interest of the County to re-solicit the procurement, such determination shall be in writing and shall be provided to the approving authority when approval by other than the Purchasing Agent is required. In case of a tie, preference shall be given to goods, services, and construction produced in Virginia or provided by Virginia persons, firms, or corporations (with bidders situated within the County of York given first preference) if such a choice is available; otherwise the tie shall be decided by lot. Where all bidders are Virginia persons, firms, or corporations (or alternatively, if all bidders are non-Virginia persons, firms, or corporations), the tie shall also be decided by lot. See York County Code 2.1. Unless canceled or rejected, a responsive response from the lowest responsible bidder shall be accepted as submitted; except if the quote from the lowest responsible bidder exceeds available funds, the Purchasing Agent may negotiate with the apparent low bidder to obtain a contract price within available funds.

If the RFQ was posted to eVA, then a notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar. If the RFQ was not initially posted on eVA, then there may not be a public posting of award.

A Bidder may protest the award or decision to award by submitting such protest in writing to the Purchasing Agent no later than ten (10) calendar days after the award or the announcement of the decision to award. No protest shall lie for the claim that the selected Bidder is not a responsible Bidder.

The written protest shall include the basis for the protest and the relief sought.

The County reserves the right to reject any and all quotes, including if the County determines any of the quoted prices are significantly unbalanced to the potential detriment of the County, and to waive any informality, if it is determined to be in the best interest of the County.

6. DEBRIEFING: Quote and proposal records shall be open to public inspection only after award of the contract. Any bidder or offeror may be allowed to inspect the procurement records after quote opening or after the evaluation and negotiation of proposals are completed, and prior to award unless the County decides not to accept any quotes or not to accept any of the proposals and reopen the contract.

Inspection of the records shall be made available in the office of Central Purchasing for public review.

Interested parties may request a review time during normal business hours, 8:15 a.m. – 5:00 p.m., Monday -Friday. Until available to the public, no copy, photograph, or any other facsimile of a procurement record shall be allowed.

When the original solicitation was posted to eVA, a notice of decision to award or award will be posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). A direct link to York County solicitations on eVA is available on Central Purchasing’s webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar.

7. RIGHT TO CANCEL: The County reserves the right to cancel this solicitation in its entirety at any time, to reject any and all proposals, and to refrain from making an award if it is determined to be in the best interest of the County. In the event of such cancellation, rejection, or decision not to award, Offerors shall have no claim or entitlement to any costs, reimbursements, or compensation of any kind arising from or related to this solicitation. Submission of a proposal confers no right to an award or to any expectation thereof.

(End of Section B)

SECTION C

CONTRACT SPECIFIC TERMS AND CONDITIONS

1. QUESTIONS: Questions regarding this Request for Quote (RFQ) must be received prior to the date and time posted on the cover page.

2. QUALIFICATIONS: Firms shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to ensure good faith in the contract as determined by the County.

3. METHOD OF AWARD: The County will make a single award to the responsive and responsible

Bidder based on the highest net amount to the County.

4. CONTRACT/AGREEMENT: Following the award, a contract/agreement will be executed between the Offeror and the County. A sample contract is included in this Request for Proposals. Do not return the sample contract with the proposal; it is provided for informational purposes only.

5. CONTRACT MODIFICATIONS: Any modifications made to the contract must be approved by the Central Purchasing office in advance.

6. CONTRACT PERIOD/ RENEWAL: The initial contract period will be for one year from date of award and continue for one year with the option to renew, at the County’s sole discretion, for four (4) additional one (1) year periods. If a determination is made by the Purchasing Agent that circumstances warrant, a contract extension, under the terms and conditions contained herein, may be considered for up to six (6) months following the end of the final one-year renewal period upon mutual agreement of the County and Consultant.

7. DELIVERY OF GOODS/SERVICES: The Contractor shall not commence any work that has not been authorized in writing specifying the project’s scope of work, amount of compensation, and completion deadlines and without a written Notice to Proceed from the Owner’s representative for each phase of the project. The Contractor assumes all risk and financial liability for any services rendered without such authorization.

8. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the County of York, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workers’ compensation laws.

Following award of the contract, the Vendor / Consultant shall furnish proof of said insurance prior to commencement of services. See “Exhibit 4” for requirements.

As acknowledgement of understanding the insurance requirements, submitted Proposals should include the insurance carrier’s sign off on Form “E”. If Offeror is selected for contract award, Vendor/Consultant shall have ten (10) days from the date of the County’s request, to provide insurance documentation. Failure to provide the Certificate and forms within this period may be cause for the County to award a contract to the next responsive Offeror, and hold the original Vendor/Consultant liable for excess costs.

(End of Section C)

SECTION D

GENERAL TERMS AND CONDITIONS

1. ETHICS IN PUBLIC CONTRACTING: All provisions contained in County of York, Virginia (“County”) Code chapter 2.1 shall be applicable to all contracts solicited or entered into by the County.

By submitting its Proposal, the Offeror certifies that its Proposal is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with its Proposal, and that it has 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.

The Offeror certifies that to the best of his knowledge, no employee of the Owner, nor any member thereof, nor any public agency or official impacted by the solicitation or resulting contract has any pecuniary interest in the business of the Offeror, and that no person associated with the Offeror has any interest that would conflict in any manner with the performance of the Contract resulting from this solicitation.

2. PROHIBITED CONTACTS: Direct contact with anyone other than the County of York, Virginia

Central Purchasing, including any departments of or consultants to the Owner, regarding this Request for Quote is expressly for Bidders except with the permission of the Contract Officer.

Violation of this directive may result in a determination that the Offeror is ineligible for award.

3. SMALL, WOMEN-OWNED MINORITY AND SERVICE-DISABLED VETERAN-OWNED

BUSINESS ENHANCEMENT: Economic value may be achieved through the enhancement of small businesses (SBE), women-owned businesses (WBE), minority businesses (MBE), and service-disabled veteran-owned small business (SDV), collectively known as SWAM. Contractors and potential subcontractors are encouraged to communicate and collaborate using the B2B Connect tab on the solicitation webpage on eVA.

4. FAITH BASED ORGANIZATIONS: In accordance with Section 2.2-4343.1 of the Code of Virginia,

et. seq., the County does not (i) discriminate against a faith-based organization as defined in the Code of Virginia Section 2.2-4343.1 (B) on the basis of the organization’s religious character or (ii) impose condition that (a) restrict the religious character of the faith-based organization, except as provided in subsection F of Section 2.2-4343.1 of the Code of Virginia, or (b) impair, diminish, or discourage the exercise of religious freedom by the recipients of such goods, services or disbursements.

5. MANDATORY USE OF OWNER’S FORM: All responses to an Request for Proposals (RFP) must be submitted on and in accordance with the Proposal Form. If more space is required to furnish a description of the commodities and/or services offered or delivery terms, the Offeror may attach a letter hereto which will be made a part of the Proposal.

6. PROPOSAL SUBMITTAL CONSTITUTES AN OFFER: The submittal of a Proposal by a Offeror is an offer to sell. Each Proposal is received with the understanding that the acceptance in writing by the Owner of the Offeror to furnish any or all of the goods and/or services described therein, shall constitute a contract between the Offeror and the Owner, which shall bind the Offeror on his part to furnish and deliver the goods and/or services quoted at the prices stated and in accordance with the conditions of the accepted Proposal; and the Owner on its part to order from such Offeror, except for causes beyond reasonable control; and pay for, at the agreed prices, all goods and/or services specified and delivered.

The County’s written acceptance on behalf of the Owner may take the form of a Purchase Order and/or a written Agreement/Contract.

7. COOPERATIVE PURCHASE: If authorized by the Offeror, the Contract resulting from this Request for Proposals may be extended to other public bodies, public agencies or institutions within the United States to purchase at contract prices and terms. Any public entity that uses the Contract shall place its own order(s) directly with the Firm(s). The County of York, Virginia is not a party to such contracts and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions. It is the Offeror’s responsibility to notify the jurisdictions of the availability of contract(s). Offerors who do not wish to extend the terms, conditions and prices to other public entities shall so indicate in the proposal.

8. AUTHORIZATION TO TRANSACT BUSINESS:

Commonwealth of Virginia

All Offerors organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the identification number issued to it by the State Corporation Commission. Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50, as amended, or as otherwise required by law shall include in the Proposal a statement describing why the Offeror is not required to be so authorized.

Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its Certificate of Authority or Registration to Transact Business in the Commonwealth, if so required under Title 13.1 or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Visit https://www.scc.virginia.gov/ for more information.

Businesses with whom the County does business shall comply with County of York, Virginia Business License requirements. Contact the Commissioner of the Revenue’s office for requirements (757-890-3383).

Department of Professional and Occupational Regulation (DPOR)

Contracts for services falling under the jurisdiction of Department of Professional and Occupational Regulation (DPOR) require that the Contractor hold a business license issued by the Virginia Board for Contractors. The Contractor shall not allow its license to lapse, be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to maintain its license in good standing. Reference DPOR professions at:

https://www.dpor.virginia.gov/sites/default/files/Records%20and%20Documents/reg_pop.pdf

9. ENTIRE AGREEMENT: The contract resulting from this Request for Proposals and any additional or supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be modified, altered, changed or amended unless in writing and signed by the parties hereto and approved by the Central Purchasing office in advance.

10. HEADINGS: The headings used in this solicitation and any resulting contract are for convenience only and are not to be construed to have legal significance.

11. SEVERABILITY: If any provision of the Contract resulting from this Request for Proposals or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected, and each provision of this Contract shall be valid and enforced to the full extent permitted by law.

12. NOTICES AND COMMUNICATIONS: Notices and communications related to the Contract resulting from this Request for Proposals shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by electronic means (e.g., email, facsimile). All notices related to contract award, modifications, renewals, and terminations will be handled through Central Purchasing.

Central Purchasing primarily utilizes email for notices and communications including but not limited to delivery of Purchase Orders, Contract renewals and Contract amendments.

By signing the form included in this solicitation and set out in section 9 of the Proposal Form (Form A) with an original signature, and returning the signed solicitation document with your response in accordance with this solicitation’s submittal requirements, you agree that original signatures transmitted and received via facsimile, email or other electronic transmission of a scanned document (e.g., PDF or similar format) are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature. Any such electronic transmission shall constitute the final agreement of the parties and conclusive proof of such agreement. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardcopy. The Owner shall determine legibility and acceptability for public record purposes. An Agreement or other communications resultant from this solicitation may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute the same instrument.

13. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Bidder certifies that he/she does not and shall not during the performance of the Contract for goods and services in the Commonwealth of Virginia, knowingly employ unauthorized aliens as defined in the Federal Immigration Reform and Control Act of 1986, as amended.

A notarized signature on Exhibit B included in this solicitation is not required to be submitted with your Quote/proposal, but shall be required of the Contractor selected for Contract award. However, failure to sign and include the “Certification of Compliance with Immigration Laws and Regulations” section of the Quote/Proposal Form may result in the Quote/offer being considered non-responsive.

14. DRUG FREE WORKPLACE: If awarded a contract as a result of this solicitation, the Bidder agrees that, during the performance of the contract, the it will (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 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 subcontracted vendor.

For the purposes of this subsection, “A 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 subsection, 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.

15. NON-DISCRIMINATION: If awarded a contract as a result of this solicitation, the Bidder agrees that, during the performance of the contract:

a. It will not discriminate against any employees or applicants for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by federal or state law relating to discrimination in employment, except where one or more of these are a bona fide occupational qualification reasonably necessary to the normal operations 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 non-discrimination clause.

b. The Contractor will be and state that he is an equal opportunity employer in all solicitations or advertisements for employees.

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.

d. The Contractor will include the provisions of the foregoing paragraphs (a), (b) and (c) in every subcontract or Purchase Order of over ten thousand dollars ($10,000) so that the provisions will be binding upon each subcontracted vendor.

16. AMERICANS WITH DISABILITIES ACT (ADA): If awarded a contract as a result of this solicitation, the Bidder agrees that, during the performance of the contract, it complies with Virginia and federal disabilities laws and regulations. (Americans with Disabilities Act of 1990,42 U.S.C. 12101 et seq).

Contractor hereby warrants that the products or services it will provide under any resulting Contract complies with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, Part 1194. Contractor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services at no additional cost to the Owner. Contractor further agrees to indemnify and hold harmless the Owner from any and all claims arising out of Contractor’s failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a material breach of any resulting Contract and shall be grounds for termination of that Contract by the Owner.

17. LAWS AND REGULATIONS: The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work.

18. GOVERNING LAW AND VENUE: This solicitation and any resulting contract are subject to the laws of the Commonwealth of Virginia and the ordinances and regulations established by the County of York, Virginia. Any litigation with respect thereto shall be brought in the courts of the County of York, Virginia, or the United States District Court for the Eastern District of Virginia.

19. CONFLICT: In the event of a conflict between the contract documents, the following shall control:

County-issued Contracts take precedence over County-issued Purchase Orders (if issued).

County-issued Contracts take precedence over this solicitation’s Contract Specific Terms and

Conditions.

Contract Specific Terms and Conditions take precedence over this solicitation’s General Terms and

Conditions.

County issued documents shall in all cases prevail over a Contractor supplied document, unless specifically agreed in writing by the County.

20. INDEPENDENT CONTRACTOR: The Contractor and any employees, agents, or other persons or entities acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or agents of the Owner.

21. RIGHTS UNDER ANTITRUST LAWS: Upon execution of the Contract, the Contractor assigns to the

Owner any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to the Proposal. This provision is remedial in nature and is to be liberally construed by any court in favor of the Owner.

22. ASSIGNMENT OF CONTRACT: The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.

23. TERMINATION FOR CONVENIENCE:

a. The performance of Work under this Agreement may be terminated by the Owner without default in accordance with this section in whole, or in part(s), when funds are not appropriated for the specified goods or services, or whenever the Owner determines that such termination is in the best interest of the Owner. Any such termination shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of Work under the Agreement is terminated, and the date upon which such termination becomes effective. The County will provide as much notice as it deems practical.

After receipt of a notice of termination, and except as otherwise directed by the Owner, the Contractor shall:

1. Stop Work under the Agreement on the date and to the extent specified in the notice of termination.

2. Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the Work under the Agreement that is not terminated.

3. Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by the notice of termination.

4. If directed by the owner, assign to the Owner, and as directed by the Owner, all of the right, title and interest of the Contractor under the orders and subcontracts so terminated. The Owner shall have the right and discretion to settle or pay any and all claims arising out of the termination of such orders and subcontracts.

5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Owner. This approval or ratification will be final for all purposes of this section.

6. Transfer title and deliver to the Owner, as directed by the Owner, the fabricated or unfabricated parts, Work in process, completed Work, supplies, and other materials produced as a part of or acquired in connection with the performance of the Work terminated by the notice of termination, and the completed or partially completed plans, drawings, information and other property which, if the Agreement has been completed, would have been required to be furnished to the Owner.

7. Use his best efforts to sell as directed or authorized by the Owner, property of the type referred to in Paragraph F above; provided, however, that the Contractor shall not be required to extend credit to any purchaser. The proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Owner to the Contractor under this Agreement or shall otherwise be credited to the Contract price or cost of the Work covered by this Agreement or paid in such manner as directed by the Owner. The Contractor may acquire any such property under the conditions prescribed and at a price or prices approved by the Owner.

8. Complete performance of that Work which was not terminated by the Owner.

9. Take such action as may be necessary, or as the Owner may direct, for the protection and preservation of the property related to this Agreement which is in the possession of the Contractor and in which the Owner has, or may acquire, an interest.

10. Within 30 Days after the receipt of the Notice of termination, the Contractor may submit a list to the Owner for approval, certified as to quantity and quality of any or all items of, inventory not previously disposed of, exclusive of items, the disposition of which has been directed or authorized by the Owner, and may request the Owner to remove such approved items or enter into a storage agreement covering the same. Not later than 45 Days thereafter, the Owner will accept title to such approved items and remove them or enter into a storage agreement covering same.

The list submitted shall be subject to final verification by the Owner upon removal of the items, or if the items were stored within 45 Days from the date of submission of the list. Any necessary adjustment to correct the list as submitted shall be made prior to final settlement.

11. Within 30 Days after receipt of the notice of termination, the Contractor shall submit to the Owner his termination claim. Such claim shall be submitted in writing. Upon failure of the Contractor to submit its termination claim within the time allowed, the Owner may, at its discretion, reject such termination claim. Such termination claim shall include the cost of the following, as applicable:

a. The cost of supplies accepted by the Owner and not previously paid for by the Owner, appropriately adjusted for any saving of freight or other charges.

b. The cost incurred in the performance of the Work terminated, including Initial cost and preparatory expense allocable thereto, but exclusive of any cost attributable to supplies paid or to be paid for by the Owner.

c. The cost of settling and paying claims arising out of the termination of Work under subcontracts or orders which are properly chargeable to the terminated portion of the Agreement, exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of notice of termination and previously paid for by the Owner.

d. A reasonable amount of profit or commission, which will be determined based on the Project's specific overhead and expense data at the rate computed in the original Contract Price or, at the discretion of the Owner, as determined by an audit. The cost of the audit will be borne by the Contractor.

e. Cost of reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocable to this termination portion of the Agreement.

f. The total sum to be paid to the Contractor shall not exceed the Contract Price as reduced by the amount of payments previously made, and it’s further reduced by the Contract Price of Work not terminated. Said total sum shall also be reduced by the reasonable value, as determined by the Owner, of property which is destroyed, lost, stolen, or damaged so as to become undeliverable to the Owner or to a buyer.

12. Nothing herein shall modify or change the terms of the Performance and Payment bonds and any remedies available thereunder.

B. [For Multi-term Contracts] Either party may terminate the contract without penalty or financial obligation as of the conclusion of the initial contract term, or as of the completion of any renewal term, except that the parties remain liable for performance of all terms, conditions, and obligations through the date of termination. Written notice of termination shall be given to the other party a minimum of thirty (30) days prior to its effective date.

24. TERMINATION WITH CAUSE/DEFAULT

1. Default by Contractor

1. In the event that the Contractor shall for any reason or through any cause be in default of any of the terms, conditions or obligations of the Contract Documents, the Owner, upon identifying the default, shall give notice of such default to the Contractor. The notice shall be provided in writing, delivered to the Contractor by any available means (e.g.: text, email, facsimile, personal delivery, USPS, or commercial delivery service), or alternatively may be communicated verbally (in person or by phone). The notice shall identify the default. When practicable, the notice may allow the Contractor to cure the default within a specified period of time. If the notice does not specify the length of time allowed for cure, then the Contractor shall have fourteen (14) calendar days to cure the default from the date such notice is sent by the Owner to the Contractor. The time allowed to cure the default does not extend the time allowed for completion of the Contract.

2. Upon failure of the Contractor to cure the default within the specified time, the Owner may immediately terminate the Contract, effective as of the date that the default notice was sent.

3. Upon the Contractor’s failure to satisfactorily cure the default within the stipulated time, the Owner may, without prejudice to other remedies available to the Owner, correct such deficiencies.

In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including the Owner’s expenses and compensation for additional services provided by an Architect, if any, made necessary by such default, neglect or failure.