RFQ26-0521_Supervising_VeterinarianServices.pdf

CLARKE COUNTY PURCHASING

129 RAMSBURG LANE

BERRYVILLE VA 22611

(V) 540-955-5148 E-Mail: mlegge@clarkecounty.gov

TO: All Interested Vendors

FROM: Mike Legge, Purchasing Manager

DATE: May 4, 2026

SUBJECT: REQUEST FOR QUOTES: SUPERVISING VETERINARIAN SERVICES - CLARKE

COUNTY ANIMAL SHELTER

The Clarke County Purchasing Department, on behalf of Clarke County Government, is soliciting quotes from vendors, who are qualified and capable of providing supervising veterinarian services for the Clarke

County Animal Shelter.

The Clarke County Animal Shelter, located at 225 Ramsburg Lane in Berryville, VA, receives and cares for many different animals. The Animal Shelter periodically has the need for supervising veterinarian services to assist with developing protocols and treatment plans.

Quotes should be received in the Clarke County Purchasing Office (129 Ramsburg Lane, Berryville, VA 22611) by 3:00 p.m. on Thursday, May 21, 2026. Quotes may be delivered:

1. By emailing mlegge@clarkecounty.gov. Please put “RFQ #26-0521” in the subject line.

2. In person at the Clarke County Purchasing Office, located at 129 Ramsburg Lane, Berryville, VA

22611. (M-F 8-4)

3. By mailing the quote to: Clarke County Purchasing Department 129 Ramsburg Lane, Berryville, VA 22611.

Evaluation criteria may include: pricing, location, experience, ability to perform services, and past performance.

If awarded the contract the terms of payment would be net 45. The initial term of the contract would be from the start date (issuance of Notice of Award) through June 30, 2027. The contract may be extended for five additional one-year terms, if agreeable to both parties.

mailto:mlegge@clarkecounty.gov

The minimum levels of insurance for this project shall be:

• General Liability – per occurrence $1,000,000

This coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability form including Property Damage Liability and Products/completed

Liability Operations.

• Automobile Liability – per occurrence $1,000,000

Coverage shall be sufficient to cover all vehicles owned, used or hired by the bidder, his/her agents, representatives, employees and/or Subcontractors.

• Workers’ Compensation Statutory

This limit is statutory as required by the Workers’ Compensation Act of Virginia.

• Professional Liability $1,000,000

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

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

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

PLEASE ENSURE THAT THE FOLLOWING DOCUMENTS ARE INCLUDED WITH YOUR

QUOTE:

____________ QUOTE FORM AND SIGNATURE PAGE

___________ SAMPLE COPY OF A CERTIFICATE OF INSURANCE

SCOPE OF WORK

A. Purpose

The Clarke County Animal Shelter, in order to properly care and treat animals, is soliciting proposals for a qualified Vendor(s) to provide supervising veterinarian services. Example of services include:

- Develop or ratify a protocol for determining if an ill, injured, or otherwise compromised animal requires treatment by a licensed veterinarian (2VAC5-111-30)

- Develop or ratify a protocol for the control of infectious and contagious disease (2VAC5-111-30)

- Develop or ratify a protocol for the management of neonatal and medically compromised animals

(2VAC5-111-30)

- Help staff develop treatment plans for common shelter illnesses (upper respiratory infection, internal/external parasites, gastrointestinal upset, superficial wounds)

- Determine a list of Schedule VI drugs and biological products to be used in the shelter for treatment and prevention of communicable diseases within the shelter (Code of Virginia §4.1-

3423 E)

- Establish or approve written protocols for the administration of schedule VI drugs and biological products for the treatment and prevention of communicable diseases within the shelter (Code of

Virginia §4.1-3423 E)

- Establish or approve instructions for staff training for the administration of schedule VI drugs and biological products for the treatment and prevention of communicable diseases within the shelter

(Code of Virginia §4.1-3423 E)

- Serve as a limited resource for staff: periodically answer non-emergent medical questions or provide guidance to Shelter Manager when requested

- (Potentially) Establish a euthanasia protocol for the shelter in compliance with VDACS Directive

79-1, provide oversight of euthanasia through orientation, instruction, guidance, and periodic monitoring of euthanasia activities, completing Form AC6 (Veterinary Supervision and Protocol

Summary for Companion Animal Euthanasia), and completing Form AC5 (Competency

Certification for Animal Euthanasia) for individual shelter staff as appropriate.

- (Potentially) Provide training and oversight as necessary for the shelter to pursue registration enabling the purchase, possession, and administration of certain schedule II through VI controlled substances for the purpose of humane euthanasia

B. General Comments

1. The award will be based on a vendor's ability to meet RFQ requirements.

2.All work shall be performed according to the standards of the industry and to the complete satisfaction of Clarke County.

3.All work shall be scheduled with the Animal Shelter Manager or the Clarke & Special Projects

Coordinator.

4.The County reserves the right to utilize another veterinarian when it is deemed to be in the best interest of the animal or the County.

5. All work performed under this contract shall be performed in accordance with all provisions, specifications, terms, and conditions stated within this document.

6.The designated County representative to oversee the proper and complete execution of this contract for the work specified herein shall be the County Administrator and the Clarke County Animal Shelter

Manager.

C. Invoices

1. The selected vendor shall invoice the County monthly and shall email invoices to accounts payable@clarkecounty.gov and cmarsten@clarkecounty.gov. The invoices shall clearly indicate the date of service, the type of service, and the charge.

JOINT ADMINISTRATIVE SERVICES

Purchasing and Receiving Department

129 Ramsburg Lane

540-955-5148 Berryville, VA 22611 e-mail: mlegge@clarkecounty.gov

QUOTE FORM – VETERINARIAN SERVICES-CLARKE COUNTY ANIMAL SHELTER

1. Services will be performed an hourly rate. Please list your hourly labor rate that you would charge the

County below for supervising veterinarian services, if awarded the contract:

$_______________________/hour

*Note that if awarded the contract, County personnel would ask for quotes for specific work. The selected vendor will be asked to provide the estimated number of hours for the work and then multiply it by the contracted hourly labor rate.

2. Please provide a brief description of your experience, qualifications, and certifications as a veterinarian. Please provide the number of years that you have performed veterinarian services and please list your educational certifications.

SIGNATURE SECTION

By my signature below, I hereby certify I do have all necessary insurance and licenses required. I also certify that I have read and agree with all the terms and conditions stated in this Request for Quotes.

SIGNATURE ___________________________ DATE ___________________

PRINT NAME ___________________________________________________________________________________

NAME OF FIRM_________________________________________________________________________________

ADDRESS ______________________________________________________________________________________

CITY, STATE, ZIP CODE _________________________________________________________________________

TELEPHONE___________________________________________________________________________________ mailto:pwiley@clarkecounty.gov

COUNTY OF CLARKE GENERAL TERMS AND CONDITIONS

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

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

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

County Board of Supervisors.

TABLE OF CONTENTS

A. COMPETITION INTENDED

B. INQUIRIES

C. INCONSISTENCY IN PROVISIONS

D. COOPERATIVE PURCHASING

E. ETHICS IN PUBLIC CONTRACTING

F. TAX-EXEMPT STATUS

G. APPLICABLE LAWS AND COURTS

H. FIRM BID PRICING

I. TIE BIDS

J. ANTI-DISCRIMINATION

K. IMMIGRATION REFORM AND CONTROL ACT OF 1986

L. DEBARMENT STATUS

M. RESPONSE FORM PROCEDURES

N. BID WITHDRAWALS

O. AWARD SPECIFICS

P. JUSTIFICATION FOR TERMINATION

Q. DRUG-FREE WORKPLACE

R. INSURANCE REQUIRMENTS

S. BOND REQUIREMENTS

T. PERMITS AND LICENSES

U. PAYMENTS TO CONTRACTOR

V. PAYMENTS TO SUBCONTRACTORS

W. DISPUTES

X. PROTEST OF AWARD OR DECISION TO AWARD

Y. USE OF BRAND NAMES

Z. PAYMENT OF CLARKE COUNTY TAXES

AA. NOTICE OF REQUIRED DISABILITY LEGISLATION COMPLIANCE

BB. CONTRACT QUANTITIES

CC. DEVIATIONS

DD. SAFETY

EE. HOLD HARMLESS CLAUSE

FF. REFERENCES

GG. FEDERAL/STATE LAWS AND COUNTY ORDINANCES

HH. ANITTRUST

II. DEFAULT

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

VENDOR CONTRACTS

KK. SEVERABILITY OF CONTRACT

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

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

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

Director of Joint Administrative Services.

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

All addenda issued will become part of the bid.

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

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

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

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

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

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

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

E. ETHICS IN PUBLIC CONTRACTING: The provisions contained in Article 6 of the Virginia Public

Procurement Act (VPPA) as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered in to by Clarke County. A copy of these provisions may be obtained from the

Director of Joint Administrative Service upon request.

By submitting their bids, all bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or

Subcontractor in connection with their bid, and that they have not conferred to any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

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

By entering into a contract, the bidder conveys, sells, assigns, and transfers to Clarke County, all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the anti-trust laws of the

United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by Clarke County, under said contract.

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

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

G. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed by the laws of the Commonwealth of Virginia. All Court proceedings shall be held in the Commonwealth of

Virginia. The contractor shall comply with all applicable federal, state and local laws, rules, ordinances, and regulations.

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

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

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

4311, Employment Discrimination by Contractor Prohibited” which reads:

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

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

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

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

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

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

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

L. DEBARMENT STATUS: By submitting a bid, the bidder certifies that they are not currently debarred by the

Federal Government, Commonwealth of Virginia, or by any City, Town, or County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

M. RESPONSE FORM PROCEDURES:

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

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

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

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

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

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

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

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

9. By submitting a Response Form, bidders certify that they are not currently debarred by Clarke

County from submitting bids, proposals or quotes on contracts, nor are they an agent of any person or entity that is currently debarred by Clarke County from submitting bids, proposals or quotes.

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

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

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

County.

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

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

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

Clarke County Purchasing Office

129 Ramsburg Lane

Berryville VA 22611

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

Sealed Bid – Do Not Open

IFB #______________________________________

PROJECT NAME___________________________

17. Sealed Bids will be received up to the advertised time and date at the Clarke County Purchasing

Office and at the appointed time will be opened publicly and read allowed. The clock on the

Purchasing Office’s wall will be used to log the time each bid/proposal is received.

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

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

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

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

d. By law, Clarke County will not receive any materials, products, or chemicals that may be hazardous to an employee’s health, unless accompanied by a Material Safety Data Sheet

(MSDS) when products and/or chemicals are received. MSDS must be submitted to Clarke

County in triplicate.

N. BID WITHDRAWALS

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

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

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

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

Administrative Services.

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

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

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

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

O. AWARD SPECIFICS

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

Form, and to waive minor technicalities.

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

County. Further, Clarke County will be the sole judge as to conditions affecting such interest.

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

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

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

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

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

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

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

Clarke County shall be the sole and final judge.

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

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

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

13. If delay is foreseen, the Contractor shall give thirty (30) days prior written notice to the Director of Joint Administrative Services. Clarke County has the right to extend delivery date if reasons appear, in the sole discretion of Clarke County, to be valid. The Contractor must keep Clarke

County advised at all times of status of order.

14. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the Joint Administrative Services Department to purchase supplies, equipment or services elsewhere and charge the full increase in cost and handling to the defaulting Contractor.

15. The Joint Administrative Services Department will permit NO SUBSTITUTIONS OR

CANCELLATIONS after award without written approval.

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

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

18. All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to the Purchasing Office before final payment on the contract is made. Unless otherwise stated, the manufacturer’s standard warranty applies.

P. JUSTIFICATION FOR TERMINATION

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

Director of Joint Administrative Services shall determine that such a termination is in the best interest of Clarke County.

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

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

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

5. Possible reasons for termination are:

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

b. Termination for Cause – termination by Clarke County for cause, default or negligence on the part of the Contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The ten (10) days advance notice requirement is waived in the event of Termination for Cause.

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

Q. DRUG FREE WORKPLACE: Every individual or firm bidding must be an Equal Opportunity Employer as defined by federal law and the Code of Virginia, Virginia Public Procurement Act as amended: “Section 2.2-

4312, Drug-free Workplace to be Maintained by Contractor; Required Contract Provisions” which reads:

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

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

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

R. INSURANCE REQUIREMENTS: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §2.2-4332 and 65.2-800 et seq. of the Code of Virginia.

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

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

Specific Reference to General Terms and Conditions.

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

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

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

4. The bidder shall maintain such coverage for the duration of the contract period for “occurrence” policies. “Claims made” policies must be in force, or that coverage purchased, for three (3) years after contract completion date.

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

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

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

“Description of Operations/Locations/Vehicles/Exclusions Added by

Endorsement/Special Provisions”.

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

Compensation/Employers’ Liability.

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

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

b. Employer’s Liability - $100,000

c. General Liability – per occurrence $1,000,000.00

This coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Bodily Injury and Property Damage, Personal and

Advertising Injury, and Commercial General Liability form including

Products/completed Liability Operations.

d. Automobile Liability – per occurrence $1,000,000.00

Coverage shall be sufficient to cover all vehicles owned, used or hired by the bidder, his/her agents, representatives, employees and/or Subcontractors.

e. Product Liability $1,000,000.00

Refer to General Liability above.

f. Professional Liability/Errors and Ommissions Coverages are required when soliciting those services as follows:

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design, Inspection or $1,000,000 per occurrence, $3,000,000 aggregate

Abatement Contractors

Health Care Practitioner (to include Dentists, $2,350,000 per occurrence, $7,050,000 aggregate

Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical

Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional

Counselors, Hospitals, or Health Maintenance

Organizations.)

**(This complies with §8.01-581.15 of the Code of Virginia)

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

7. The Contractor’s insurance company shall provide thirty (30) days written notice to Clarke

County before any cancellation, suspension, or void of coverage, in whole or part, where such provision is reasonable.

8. Contractor shall be responsible for making sure any/all Subcontractors each provide a

Certificate of Insurance and meet all of Clarke County’s insurance requirements.

9. All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to approval by Clarke County. At the option of Clarke County, either the insurer shall reduce or eliminate such deductible or self-insured retention; or the bidder shall be required to obtain a bond guaranteeing payment of losses and related claims expenses.

10. Failure to comply with any reporting provisions of the policy(ies) shall not affect coverage provided to Clarke County, its officers/officials, agents, employees and volunteers.

11. The insurer shall agree to waive all rights of subrogation against Clarke County, its officers/officials, agents, employees and volunteers for any act, omission or condition of premises by which the parties may be held liable by reason of negligence.

12. The bidder shall furnish Clarke County with the Certificate(s) of Insurance including endorsements affecting coverage. The certificates are to be signed by a person authorized by the insurance company(ies) to bind coverage on its behalf. If executed by a broker, a notarized copy of authorization to bind or certify coverage must be attached.

13. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than A:

VII. If A.M. Best rating is less than A.VII, approval must be received from the Director of

Joint Administrative Services.

14. All coverage designated herein shall be as broad as the Insurance Services Office ((SO) forms filed for use with the Commonwealth of Virginia.

S. BOND REQUIREMENTS

1. Any necessary bonds will be referenced within this document, under Specific Reference to

General Terms and Conditions and the requirements are outlined below.

a. Bid Bonds – Each bidder shall accompany their bid with a bid bond or certified check in the amount of five percent (5%) of the amount bid. Such bond shall serve as liquidated damages and be forfeited in the event the successful bidder fails to enter into the contract.

If a bid bond is required and stated in an invitation for bid and a bidder submits a bid without a bid bond, the bidder will be considered non-responsive and shall be disqualified.

b. Performance and Payment Bonds – The successful Contractor shall furnish both a performance and payment bond, each in the amount equal to one hundred percent

(100%) of the contract as security for the faithful performance of this contract.

c.) One or more surety companies authorized to do business in Virginia shall execute each of the bonds and the contractor shall select the surety company. Required bonds shall be payable to the County.

3. Any other special bonding requirements will be listed under Specific Reference to General

Terms and Conditions.

4. All bonds shall be obtained at bidder’s expense and shall be included in the bid price.

T. PERMITS AND LICENSES

1. Clarke County will attempt to make reference, within this document, to any necessary permits and licenses under Special Terms and Conditions. However, the contractor is ultimately responsible for ensuring that he/she has all the required permits and licenses.

2. For convenience purposes only, the following most commonly required permits and licenses are listed with their respective contact information.

Clarke County Building Permit

Per instructions from Building Department Office

Phone 540-955-5112

Clarke County Business License

Per instructions from Commissioner of the Revenue’s Office

Phone 540-955-5108

Virginia State Contractor’s License

Per VA Board for Contractors Statutes Title 54.1, Chapter 11

Phone 804-367-8500

Town of Berryville Since some of the county and school property is located within the limits of the Town of Berryville, Contractor is advised to check with the Town office to see what permits and licenses might be required for those projects. The Town Office phone number is 540-955-1099.

3. Clarke County does not waive any fees involved in securing Clarke County (or any other) permits. Any required permits and licenses are to be obtained at bidder’s or Contractor’s expense and to be included in the bid price.

4. All permit/license numbers must be indicated on or attached to the Response Form of this document.

U. PAYMENTS TO CONTRACTOR

1. Contractor warrants having clear title to all materials and supplies by submission of invoice being presented for payment.

2. All submitted invoices shall reflect the contract number and/or purchase order number, a detailed itemized breakdown of all charges, and (unless otherwise specified) shall be delivered to:

Clarke County Accounts Payable

317 West Main Street, Suite B

Berryville VA 22611

(v) 540-955-6171 (f) 540-955-0676

a. All submitted invoices shall show payer identification as follows:

b. Individual Contractors shall provide social security number.

c. Proprietorships, Partnerships and/or Corporations shall provide their federal employer identification number.

d. Payment will be made thirty (30) days after receipt of proper invoice, or thirty (30) days after receipt of all goods or inspection and acceptance of work, whichever is later.

e. Payment shall not preclude Clarke County from making a claim for adjustment on any item later found not to have been in accordance with the contract.

f. 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 that 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 of Clarke shall promptly notify the contractor as to those charges that 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.

g. Materials delivered shall be installed prior to invoicing, or else surety is to be provided.

V. PAYMENTS TO SUBCONTRACTORS

1. Any mention of the term “subcontractor(s)” in this section shall include any and all sub-tier

Contractors.

2. A Contractor awarded the contract under this solicitation is hereby obligated to:

a. Pay the Subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from

Clarke County for the proportionate share of payment received for work performed by the

Subcontractor(s) under the contract or to notify Clarke County and the Subcontractor(s), in writing of the Contractor’s intention to withhold payment and the reason.

b. Pay the Subcontractor(s) interest at the rate of one percent (1%) 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 Clarke county, except for amounts withheld as stated above.

c. The date of mailing of any payment by U. S. mail is deemed to be payment to the addressee.

d. A Contractor’s obligation to pay an interest charge to a Subcontractor may not be construed to be an obligation on the part of Clarke County.

e. By submitting an invoice, the contractor agrees that all subcontractors have been paid or will be paid and the Contractor shall be responsible for resolving any and all claims submitted by the subcontractors.

W. DISPUTES

1. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty

(60) calendar 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.

2. 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.

Pendency of claims shall not delay payment of amount agreed due in the final payment.

i. X. PROTEST OF AWARD OR DECISION TO AWARD

1. Any bidder or offeror who desires to protest the award or decision to award a contract shall submit such protest, in writing, to the Director of Joint Administrative Services, no later than ten (10) calendar days after the award announcement or decision to award, whichever occurs first.

2. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror.

3. Written protest shall include basis for the protest and relief sought.

ii. Y. USE OF BRAND NAMES

1. Unless otherwise provided within this document, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer names; it conveys the general style, type, character, and/or quality of the article desired, and any article which Clarke county 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.

2. Any catalog, brand name or manufacturer’s reference used in the bid invitation is descriptive – not restrictive – it is to indicate the type and quality desired.

3. Bids on brands of like nature and quality will be considered.

4. If other than brand specified is offered, illustrations and complete description (manufacturer, brand or trade name, catalog number, etc.) must be submitted with bid. Please note that samples may be required.

5. If bidder makes no other bid and takes no exception to the specifications or reference data, the bidder will be required to furnish brand names, numbers, etc., as specified.

6. Bidders, by their signature and submission of bid, certify that any/all item(s) bid upon meet and/or exceed the specifications.

iii. Z. PAYMENT OF CLARKE COUNTY TAXES

1. All bidders located or owning property in Clarke County shall assure that all real and personal property taxes are paid before submitting a bid.

2. Clarke County will verify payment of all real and personal property taxes by the successful bidder before the award of any contract.

AA. NOTICE OF REQUIRED DISABILITY LEGISLATION COMPLIANCE

1. Clarke County is required to comply with state and federal disability legislation: §504 of The

Rehabilitation Act (RA) of 1973, The Americans with Disabilities Act (ADA) for 1990 Title

II, and the Virginians with Disabilities Act (VDA) of 1990.

2. Specifically, Clarke County may not, through its contractual and/or financial arrangements, directly or indirectly, avoid compliance with Title II of the ADA, Public Law 101-336, which prohibits discrimination n the basis of disability by public entities.

3. Subtitle A protects qualified individuals with disability from services, programs, or activities of all state and local governments. It extends the prohibition of discrimination in federally assisted programs established by the RA of 1973 Section 504 to all activities of state and local governments, including those that do not receive federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability in Titles I, III, and V of the

ADA. The VDA of 1990 follows the RA of 1973, Section 504.

BB. CONTRACT QUANTITIES

1. The quantities specified in this document are estimated only, and are given for the information of bidders and not for the purpose of bid evaluation. They do not indicate the actual quantity to be ordered, since such volume will depend upon requirements that develop during the contract period.

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

3. No bid will be considered which stipulates that Clarke County shall guarantee to order a specific quantity of any item.

CC. DEVIATIONS: If there is any deviation in any bid from that prescribed in the Scope of Services, the appropriate line in the Scope of Work/Services shall be ruled out and the substitution clearly indicated and submitted with the Bid Response Form. Clarke County reserves the right to determine the responsiveness of any deviation(s).

DD. SAFETY

1. All Contractors and Subcontractors performing services for Clarke County are required to and shall comply with all Occupational Safety and Health Administration (OSHA), state and county Safety and Occupational Health Standards and any other applicable rules and regulations.

2. Also, all Contractors and Subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

EE. HOLD…