Street Sign Repair_Replacement IFB PZ_24_1501.pdf

INVITATION FOR BIDS

(IFB)

Issue Date: February 2, 2024 IFB# PZ-24-1501

Title: Street Sign Repair/Replacement

Issuing Department: Culpeper County Purchasing Department 155 W. Davis Street, Suite 100 Culpeper, Virginia 22701

Sealed Bids Will Be Received Until 2:00 P.M., February 20 2024, For Furnishing The Services Described Herein.

All inquiries for Bid Information should be directed to: Alan Culpeper, Director of Procurement/Communication, Telephone Number: (540) 727-3488.

BIDS CAN BE MAILED, OR HAND DELIVERED DIRECTLY TO THE ISSUING

DEPARTMENT SHOWN ABOVE. RETURN COMPLETED: IFB COVER PAGE;

EXHIBIT A: BID FORM, EXHIBIT B: CONTRACTOR DATA SHEET, EXHIBIT C:

INSURANCE, AND PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA.

THE COUNTY DOES NOT ACCEPT BID SUBMISSION THAT ARE FAXED OR SENT

ELECTRONICALLY.

Note: In accordance with the Code of Virginia, §§ 2.2-4343.1 Culpeper County does not discriminate against faith-based organizations or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law relating to discrimination in employment or contracting.

In compliance with this Invitation For Bid and to all the conditions imposed herein and hereby incorporated by reference, the undersigned offers and agrees to furnish the Goods/Services at the price(s) indicated in Exhibit A, Bid Form.

Name and Address of Firm:

Date:

By:

Signature

Print Name

Title Telephone Number: e-mail:

Fax: FIN:

RETURN THIS PAGE

INVITATION FOR BID

STREET SIGN REPAIR/REPLACEMENT

SECTION PAGE

1. PURPOSE

2. SCOPE OF WORK

3. TIME OF PERFORMANCE

4. CONTRACT ADMINISTRATION

5. CONTRACT TERM

6. EVALUATION AND AWARD

7. INSURANCE REQUIREMENTS

8. QUESTIONS

9. GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS

EXHIBIT A STREET SIGN REPAIR/REPLACEMENT BID FORM

EXHIBIT B CONTRACTOR DATA SHEET

EXHIBIT C INSURANCE CHECKLIST

PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

1.0 PURPOSE

The purpose and intent of this Invitation for Bid is to establish a firm fixed price contract with one qualified contract to provide installation, repair and/or replacement of street signs throughout Culpeper County on an as-needed basis, in accordance with the terms, conditions and specification contained herein. The Culpeper County Government Procurement Office on behalf of the Culpeper County Board of Supervisors, herein referred to as “County”, issues this solicitation.

All contractors are responsible for any addendums issued for this project. All notifications of any Addendums will only be posted on the Culpeper County Purchasing Website at https://web.culpepercounty.gov/rfps

2.0 SCOPE OF WORK

The Contractor shall provide all equipment, materials, supplies and labor for the installation, replacement and/or repair of County Street Signs as specified herein.

The Culpeper County E-911 Map Book showing all locations for the installation of signs is available at the Office of Planning & Zoning located at 302 N. Main Street, Culpeper, Virginia 22701. The County will update as needed. The Specifications and Standards for street name signs as information are provided by the Virginia Department of Transportation (VDOT). Revisions or updates to these attachments will be done in the form of a modification to the resulting contract. All signs provided must conform to the latest VDOT Road and Bridge Specifications, Road and Bridge Standards, and Work Area Protection manual.

Currently the County is using Nex Post Sign Support Systems. The County desires Nex Post brand/design or equivalent. The County reserves the right to add or delete related item requirements during the term of the contract. Prices for items added to the contract will be negotiated at the time of addition.

2.1 Estimated Requirements: The following estimated annual requirements are provided for bidder information purposes only and do not represent actual volume, which may or may not be experienced. Single signs indicate a street sign for one street only; Double designated signs for two streets; Triple designated signs for three streets.

Description Past Average Annual Requirements New Signs 2021 2022 2023 Average Single Signs 20 24 10 18 Double Signs 4 0 0 1 Triple Signs 0 0 1 0

Replacements of Existing Signs 2021 2022 2023 Average Single Signs 44 43 26 37 Double Signs 32 18 30 26 Triple Signs 4 0 1 2 Poles 62 39 48 50

2,2 Primary Road Sign Specifications: The Contractor shall provide the nameplate for Primary and Collector Secondary roads made from extruded aluminum sign blade 6” or 9”, with 3M Hi Intensity encapsulated lens reflected sheet material meeting VDOT Road and Bridge Specification, Section 701.02(e). The plate shall be 9” wide and 30, 36, 42, or 48 inches in length depending on the number of letters in the name. The spacing and letter style must conform to spacing dimensions shown in the Virginia Supplement to the MUTCD using 6” high Series C upper case letters for the street name and 3” high upper case for the prefix and suffix. The normal spacing between words shall be the width of the letter H in the same series used in the text. The letter of the name may be reduced to Series B letter and ½ “spacing between letters at their closest points when the name will not fit on a standard blank 48” long. The maximum sign length shall be 48” long unless approved by the Contract Administrator.

To determine the sign length, the Contractor shall count the letters in the legend giving “I” a value of ½ and “m” and “w” a value of 1½, and using chart below.

Letters in Legend Name Plate Length Letter Spacing 1 - 4½ 30 6C 1 5 – 6 36 6C 1 6 ½ - 7 ½ 42 6C 1 8 – 9 48 6C 1 9 ½ - 10 42 6B ½ 10 ½ - 11 ½ 48 6B ½ 12 -13 ½ 48 5B ½

2.3.1 Secondary Road Sign Specifications: The Contractor shall provide the nameplate for local Secondary roads and subdivision streets made from made from extruded aluminum sign blade 6” or 9”, with 3M Hi Intensity encapsulated lens reflected sheet material meeting VDOT Road and Bridge Specification, Section 701.02(e).

The plate shall be 6” wide and 30, 36, 42, or 48 inches in length depending on the number of letters in the name. The spacing and letter style must conform to spacing dimensions shown in the 2003 edition (or latest edition, whichever is latest) of the MUTCD (Manuel of Uniform Traffic Control Devices) using “4” high Series C upper case letters for the street name and 2” high C upper case for the prefix and suffix. The normal test. The letters of the name may be reduced to Series B letters and ½ “spacing between letters at their closest point when the name will not fit on a standard blank 42” long. The maximum sign length shall be 42” long unless approved by the Contract Administrator. To determine the sign length, the Contractor shall count the letters in the legend giving “I” a value of ½ and “m” and “w” a value of 1 ½, and use the chart below. The Contractor shall indicate PRIVATE streets as required by the County, by the use of the letters “PVT” on the right side of the sign, above the appropriate street abbreviation.

Letters in Legend Name Plate Length Letter Spacing 1 - 5½ 24 4C 11/15 6 – 7 ½ 30 4C 11/15 8 – 10 35 4C 11/15 10 ½ - 11 ½ 42 4C 11/15 12 -12 ½ 36 4B ½ 13 – 15 42 4B ½

2.4 Sign Color: The sign background or field shall be high intensity reflectorized sign sheeting in blue, letter, white.

2.5 Sign Name Plate/Hardware: The Contractor shall provide double-faced nameplates; two name plates shall be required for a two-way intersection, four plates for a four-way intersection.

Abbreviations for road, street, etc, must conform to U. S. Postal Service standards or as shown on the list of names provided by the County. Name plates/signs shall be manufactured and packaged in accordance with product bulletins and warranty statements of the 3M Company.

2.6 Signpost/Hardware: The Contractor shall provide street signposts of a

FHWA approved breakaway system design, consisting of an upper signpost and a lower “anchor” of at least 30 inches. Wall thickness for the street signpost shall be at least 0.083 inches. Weight of the street signpost shall be at least 1.82 pounds per foot. Upper sign post shall be fourteen

(14) gauge two (2) inch tube size, and ten (10) feet in length. Street signposts shall conform to the A. S. T. M. Designation A-570-79 standard specification. Nex Sign Support System is desired or equivalent.

2.7 Installation of Signs & Post: The Contractor shall install post by driving the at least thirty (30) inch anchor posts into the soil, leaving two (2) or three (3) inches exposed. The Contractor shall inset the then (10) foot upper signpost approximately six (6) inches into the anchor post and shall securely attach the upper signpost to prevent sidewall deformation.

The Contractor shall securely attach signs to a ten (10) foot support signpost as specified by the manufacturer. The complete post and sign unit shall be rigid when fastened together and shall be theft proof when fastened to the post.

2.8 Warranty: The Contractor shall provide all street signs, post, and hardware with a ten (10) year warranty.

2.9 Replacement: The Contractor shall replace posts, signs and entire units as follows:

2.9.1 Post: The Contractor shall include in post replacement the removal and disposal of any existing damaged post and hardware, installation of a new post, and attachment of road markers sign(s) to the newly installed post, including any and all hardware needed to reinstall the sign(s) to the newly installed post, including any and all hardware needed to reinstall the sign(s) on the replacement post. Post replacement shall also include replacement of the pyramid rain cap, if required.

2.9.2 Signs: The Contractor shall include in sign replacement the removal and disposal of any existing damaged sign(s), the new replacement road marker sign(s), and installation of same, including any and all hardware needed to reinstall the sign(s).

2.9.3 Entire Unit: he Contractor shall include in the entire unit replacement, the removal and disposal of any existing damaged post, hardware and sign(s), and any and all new hardware required for installation.

2.10 Contractor Responsibilities: The Contractor shall dispose of all debris resulting from the installation of the street posts and signs. The Contractor shall properly identify sign locations as well as contact Miss Utility when necessary; the County will not be held liable for any damages to utilities.

The Contractor shall also coordinate installation with VDOT officials, if and when needed.

2.10.1 Sign Errors: Name Plates and Hardware that are damaged as a result of poor packaging, rejected because of poor quality, or misspelled by the manufactured must be replaced by the Contractor at the Contractor’s expense. Misspelled or incorrectly placed signs shall be replaced by the Contractor within ten (10) calendar days of notification of the error by the County.

2.11 Permits: The Contractor shall at their own expense secure any permits required in accordance with County and State ordinances, rules, regulations, and codes prior to ordinances, rule, regulation or codes applicable to the services as described herein. The most restrictive shall apply.

3 TIME OF PERFORMANCE

The County will provide sign replacement information to the Contractor each Monday (excluding Holidays and increment weather when County offices are closed) between the hours of 8:00 A.M. and 4:30 P.M. If such Monday should fall on a Holiday, or during incremental weather, the County will provide sign replacement information to the Contractor on the following working business day.

The Contractor shall be responsible for picking up any signs collected by the County.

The Contractor shall provide the services specified herein, within twenty-one (21) calendar days after receiving information from the County. The County will forward a list of services required each Monday (or as noted in this section) but may submit repairs more frequently as the need arises. The staff of the Office of Planning & Zoning is available Monday through Friday 8:00 A.M. to 4:30 P.M., for any questions the Contractor has regarding spelling or placement of signs/post.

3.1 Emergencies: The County may on an exceptional basis request services rendered within five (5) working days, if the replacement, installation, or repair is considered an emergency. An emergency shall be defined as any situation where road signs are needed for Public-Safety, or E-911 purposes based on special needs residences on that particular road. Request for emergency services will be clearly identified by the County and will be submitted to Contractor individually as the need arises.

4.0 CONTRACT ADMINISTRATION

The successful administration of the contract will require close coordination with the Contract Administrator. The Procurement Department will designate the County’s GIS Coordinator as the Contract Administrator. This individual is the interpreter of the conditions of the contract and the judge of its performance.

He/she will use all powers under the contract to enforce its faithful performance.

The Contract Administrator will determine the amount, quality, acceptability, and fitness in all aspects of the contract and shall decide all other questions in connection with the contract. Any modifications made must be authorized by the Director of Procurement and issued as a written amendment to the contract.

5.0 CONTRACT TERM

The term of the contract shall be two (2) years. (March 9, 2024, through March 8, 2026). The County shall have the right to renew the contract agreement for three

(3) additional one (1) year terms under the same terms and conditions of the original contract except as stated in 5.1 and 5.2 below. The Contractor warrants that the retread prices shall remain firm for a period of not less than two (2) years from the first date of the contract term. Adjustments to material prices only, may be negotiated only during the sixty (60) day period prior to renewal. Sixty (60) days written notice will be given to the Contractor if the County desires not to new the agreement.

5.1 If the County elects to exercise the option to renew the contract for an additional one year term, the contract price(s) for the additional year shall net exceed the contract price(s) of the original contract increased/decreased by no more than the percentage increase/decrease of the “commodities” category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve

(12) months of which statistics are available.

5.2 If during the first renewal term the County elects to exercise the option to renew the contract for an additional term, the contract price(s) for each additional term shall not exceed the contract price(s) of the previous renewal period increased/decreased by no more than the percentage increase/decrease of the “commodities” category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve (12) months of which statistics are available.

6.0 EVALUATION AND AWARD

6.1 Bid Prices: The Contractor shall include in all bid prices for installation and/or replacement all associated cost including, but not limited to materials, hardware, equipment, labor, and disposal of signs/post. The Contractor shall state pricing for individual components, types of complete sign units, and reinstallation of complete sign units as indicated on the Bid Form. The Contractor shall provide a separate hourly labor rate for additional sign work as specified on the Bid Form.

6.2 Evaluation and Award: The County will evaluate and award to the lowest responsive, responsible bidder based on the total of unit prices for items 1, 2, 3, and 4 as specified on the Bid Form. The Procurement Department reserves the right to conduct any test it may deem advisable and to make all evaluations. The also reserves the right to reject any and all bids in whole, or in part, waiver informalities, and to delete items prior to making the award, whenever it is deemed in the sole option of the of the procuring public body to be in its sole interest.

7.0 INSURANCE REQUIREMENTS

By signing and submitting a Bid under this solicitation, the Bidders certifies that if awarded the contract, it will have the insurance coverage required on Exhibit C (Insurance Checklist), at the time of award. The County requires the Bidder to furnish a Certificate of Insurance with five (5) business days of a Notice of Award. The Bidder further certifies that the Contractor will maintain the specified coverage during the entire term of the contract and any renewals and that insurance companies will provide all insurance coverage authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

8.0 QUESTIONS

Any questions pertaining to the Scope of Work, or other solicitation documents must be received in writing by the Culpeper County Purchasing Office, before 10:00 A.M. on Tuesday, February 13, 2024, to:

Culpeper County Purchasing Department

Attn: Alan H. Culpeper, CPPO, VCO, VCM 155 West Davis Street, Suite 100 Culpeper, VA 22701 E-mail: aculpeper@culpepercounty.gov

9.0 GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS

Revised 2/17/2023.

Vendor: These general rules and conditions shall apply to all purchases and be a part of each solicitation and every contract awarded by the Procurement Department of Culpeper County, unless otherwise specified. The Procurement Department is responsible for the purchasing activity of Culpeper County. The term “County” as used herein refers to the contracting entity which is the signatory on the contract and may be either Culpeper County, or the Culpeper County Board of Supervisors, a political subdivision of the Commonwealth of Virginia, or both. Bidder/Offeror or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids/proposals: failure to do so will be at the bidder’s/offeror’s own risk and except as provided by law, relief cannot be secured on the plea of error.

Subject to all Federal, State and local laws, policies, resolutions, regulations, rules, limitations and legislation, bids/proposals on all solicitations issued by the Procurement Department will bind bidders/ offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

1. AUTHORITY-Except as delegated in the Culpeper County Purchasing Resolution, the Purchasing Agent has the sole responsibility and authority for negotiating, placing and when necessary, modifying every solicitation, contract and purchase order issued by the County. In the discharge of these responsibilities, the Purchasing Agent may be assisted by assigned buyers. Unless specifically delegated by the Purchasing Agent, no other County officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the County for indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void and the County shall not be bound thereby.

2. COMPETITION INTENDED: It is the County’s intent that this solicitation permit competition. It shall be the Bidder’s/Offeror’s responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, stifles competition or inadvertently restricts or limits the requirements stated in this solicitation to a single source. The Purchasing Agent must receive such notification not later than five (5) business days prior to the deadline set for acceptance of the bids/proposals.

CONDITIONS OF BIDDING

3. CLARIFICATION OF TERMS - If any Bidder/ Offeror has questions about the specifications or other solicitation documents, the prospective Bidder/ Offeror shall contact the buyer in writing whose name appears on the face of the solicitation no later than seven (7) business days prior to the date set for the opening of bids or receipt of proposals. Any revisions to the solicitation will be made only by addendum issued by the Buyer. Notifications regarding specifications may not be considered if received in less than five (5) business days of the date set for opening of bids/receipt of proposals.

4. CHANGES / MODIFICATON TO SOLICIATIONS – any and all changes, addendums, amendments, and/or supplements to any Invitation to Bid (IFB), or Request for Proposal (RFP) shall be posted on the Culpeper County website on the Purchasing Office’s webpage under the tab titled. “Current Active Solicitation” found at the below address:

https://web.culpepercounty.gov/rfps

Any and all changes, addendums, amendments, and/or supplements to the RFP/IFB shall be posted no later than the latest time on the last day by which submissions have to be received by the Purchasing Office. Offerors/Bidders are responsible for monitoring the Purchasing Office’s webpage for the posting of any changes, addendums, amendments, and/or supplements.

5. MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Failure to submit a bid/proposal on the official County form provided for that purpose shall be a cause for rejection of the bid/proposal. Unauthorized modification of or additions to any portion of the Invitation to Bid or Request for Proposal may be cause for rejection of the bid/proposal. However, the County reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject any bid or proposal which has been modified.

6. LATE BIDS/PROPOSALS & MODIFICATION OF BIDS/PROPOSALS: Any bid/proposal/modification received at the office designated in the solicitation after the exact time specified for receipt of the bid/proposal/modification is considered a late bid/proposal/modification.

The County is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private carriers, or the inter-office mail system. It is the sole responsibility of the Bidder/Offeror to ensure their bid/proposal reaches the Procurement Department by the designated date and hour.

a. The official time used in the receipt of bids/ proposals is that time on the automatic time stamp machine in the Procurement Department.

b. Late bids/proposals/modifications will be returned to the Bidder/Offeror UNOPENED, if solicitation number, acceptance date and Bidder/Offeror’s return address is shown on the container.

c. If the County closes its offices due to inclement weather scheduled bid openings or receipt of proposals will be extended to the next business day, same time.

7. WITHDRAWAL OF BIDS/PROPOSALS: A Bidder/Offeror for a contract other than for public construction may request withdrawal of his or her bid/proposal under the following circumstances:

a. Bids/Proposals may be withdrawn on written request from the Bidder/Offeror received at the address shown in the solicitation prior to the time of acceptance.

b. Requests for withdrawal of bids/proposals after opening of such bids/proposals but prior to award shall be transmitted to the Purchasing Agent, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of the error. Such documentation may take the form of supplier quotations, vendor work sheets, etc. If bid bonds were tendered with the bid, the County may exercise its right of collection. No Bid/Proposal may be withdrawn under this paragraph when the result would be the awarding of the contract on another bid/Proposal of the same bidder/offeror or of another bidder/offeror in which the Countyship of the withdrawing bidder/offeror is more than five percent. In the case of Invitation for Bid’s, if a bid is withdrawn under the authority of this paragraph, the lowest remaining bid shall be deemed to be the low bid. No bidder/offeror who is permitted to withdraw a bid/proposal shall, for compensation, supply any material or labor to or 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/proposal was submitted.

8. ERRORS IN BIDS/PROPOSALS – When an error is made in extending total prices, the unit bid price will govern.

Erasures in bids/proposals must be initialed by the bidder/offeror. Carelessness in quoting prices, or in preparation of bid/proposal otherwise, will not relieve the Bidder/Offeror. Bidders/Offerors are cautioned to recheck their bids/proposals for possible error. Errors discovered after public opening cannot be corrected and the bidder will be required to perform if his or her bid is accepted.

9. IDENTIFICATION OF BID/PROPOSAL ENVELOPE: The signed bid/proposal and requested copies should be returned in a separate envelope or package, sealed and identified with the following information:

ADDRESSED AS INDICATED ON COVER PAGE

IFB/RFP NUMBER – PZ-24-1501

TITLE – STREET SIGN REPAIR / REPLACEMENT

BID/PROPOSAL DUE DATE AND TIME –TUESDAY, FEBRUARY 20, 2024 AT 2:00 PM.

VENDOR NAME AND COMPLETE MAILING ADDRESS (RETURN ADDRESS)

If a bid/proposal is not addressed with the information as shown above, the Bidder/Offeror takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the bid/proposal to be disqualified.

Bids/Proposals may be hand delivered to the designated location in the office issuing the solicitation. Culpeper County will not accept facsimile and/or electronic bids/proposals. No other correspondence or other proposals should be placed in the envelope.

10. ACCEPTANCE OF BIDS/PROPOSALS: Unless otherwise specified, all formal bids/proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for acceptance. At the end of the one hundred twenty (120) calendar days the bid/proposal may be withdrawn at the written request of the Bidder/Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

11. CONDITIONAL BIDS: Conditional bids are subject to rejection in whole or in part.

12. BIDDERS PRESENT: At the time fixed for the opening of responses to a bid, bid contents will be made public for the information of bidders and other interested parties who may be present either in person or by representative. All bids will be opened at the time and place specified and read publicly. At the time fixed for the receipt of responses for Request for Proposals, only the names of the offerors will be read and made available to the public.

13. RESPONSE TO SOLICITATIONS: In the event a vendor cannot submit a bid on a solicitation, the vendor is requested to return the solicitation cover sheet with an explanation as to why the vendor is unable to bid on these requirements. Because of the large number of firms listed on the County’s Bidders List, it may be necessary to delete from this list the names of those persons, firms or corporations who fail to respond after having been invited to bid for three (3) successive solicitations. Such deletion will be made only after formal notification of the intent to remove the firm from the County’s Bidder’s List.

14. BIDDER INTERESTED IN MORE THAN ONE BID: If more than one bid is offered by any one party, either directly or by or in the name of his or her clerk, partner, or other persons, all such bids may be rejected. A party who has quoted prices on work, materials, or supplies to a bidder is not thereby disqualified from quoting prices to other bidders or firms submitting a bid directly for the work, materials, or supplies.

15. TAX EXEMPTION: The County is exempt from the payment of any federal excise or any Virginia sales tax. The price bid must be net, exclusive of taxes. Tax exemption certificates will be furnished if requested by the Bidder/Offeror.

16. DEBARMENT STATUS: By submitting their bids/proposals, Bidders/Offerors certify that they are not currently debarred from submitting bids/proposals on contracts by the County, nor are they an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by the County or any agency, public entity/locality or authority of the Commonwealth of Virginia.

17. ETHICS IN PUBLIC CONTRACTING: The provisions contained in Sections 2.2-4367 through 2.2-4377 of the Virginia

Public Procurement Act as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by the County. By submitting their bids/proposals, all Bidders/Offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, Offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

18. NO CONTACT POLICY: No Bidder/Offeror shall initiate or otherwise have contact related to the solicitation with any County representative or employee, other than the Procurement Department, after the date and time established for receipt of bids/proposals. Any contact initiated by a Bidder/Offeror with any County representative, other than the Procurement Department, concerning this solicitation is prohibited and may cause the disqualification of the Bidder/Offeror from this procurement process.

19. VIRGINIA FREEDOM OF INFORMATION ACT: All proceedings, records, contracts, and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act except as provided below:

a. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

b. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of bids but prior to award, except in the event that the County decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract. Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award except in the event that the County decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract except as provided in paragraph “c” below. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the bidder, offeror or contractor must invoke the protections of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

c. Nothing contained in this section shall be construed to require the County, when procuring by “competitive negotiation” (Request for Proposal), to furnish a statement of reasons why a particular proposal was not deemed to be the most advantageous to the County.

20. CONFLICT OF INTEREST: Contractor certifies by signing bid to the County that no conflict of interest exists between Contractor and County that interferes with fair competition and no conflict of interest exists between Contractor and any other person or organization that constitutes a conflict of interest with respect to the contract with the County.

SPECIFICATIONS

21. BRAND NAME OR EQUAL ITEMS: Unless otherwise provided in the solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the 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. The Bidder is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the County to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding, only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the Bidder clearly indicates in its bid/proposal that the product offered is "equal" product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation.

22. FORMAL SPECIFICATIONS: When a solicitation contains a specification which states no substitutes, no deviation therefrom will be permitted, and the bidder will be required to furnish articles in conformity with that specification.

23. OMISSIONS & DISCREPANCIES: Any items or parts of any equipment listed in this solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment and its appurtenances, shall be considered a part of such equipment although not directly specified or called for in the specifications.

The Bidder/Offeror shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever the mention is made of any articles, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter’s codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances., etc., shall be construed as to the minimum requirements of these specifications.

24. CONDITION OF ITEMS: Unless otherwise specified in the solicitation, all items shall be new, in first class condition.

AWARD

25. AWARD OR REJECTION OF BIDS: The Purchasing Agent shall award the contract to the lowest responsive and responsible bidder complying with all provisions of the IFB, provided the bid price is reasonable and it is in the best interest of the County to accept it. Awards made in response to a RFP will be made to the highest qualified offeror whose proposal is determined, in writing, to be the most advantageous to the County taking into consideration the evaluation factors set forth in the RFP. The Purchasing Agent reserves the right to award a contract by individual items, in the aggregate, or in combination thereof, or to reject any or all bids/proposals and to waive any informality in bids/proposals received whenever such rejection or waiver is in the best interest of the County. Award may be made to as many bidders/offerors as deemed necessary to fulfill the anticipated requirements of the County. The Purchasing Agent also reserves the right to reject the bid if a bidder is deemed to be a non-responsible bidder.

26. ANNOUNCEMENT OF AWARD: Upon the award or announcement of the decision to award a contract as a result of this solicitation, the Procurement Department may post award results, which may be viewed on the Culpeper County Procurement Website at https://web.culpepercounty.gov/rfps

27. QUALIFICATIONS OF BIDDERS OR OFFERORS: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder/Offeror to perform the work/furnish the item(s) and the Bidder/Offeror shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect Bidder's/Offeror’s physical facilities prior to award to satisfy questions regarding the Bidder's/Offeror’s capabilities. The County further reserves the right to reject any bid or proposal if the evidence submitted by or investigations of such Bidder/Offeror fails to satisfy the County that such Bidder/Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

28. TIE BIDS: In the case of a tie bid, the County may give preference to goods, services and construction produced in Culpeper

County or provided by persons, firms or corporations having principal places of business in the County. If such a choice is not available, preference shall then be given to goods and services produced in the Commonwealth pursuant to Section 2.2-4324 of the Code of Virginia. If no County or Commonwealth choice is available, the tie shall be decided by lot.

CONTRACT PROVISIONS

29. APPLICABLE LAW AND COURTS: Any contract resulting from this solicitation shall be governed in any respects by the laws of Virginia without any regard to conflict of laws analysis, and any litigation with respect thereto shall be brought in the Circuit Court of Culpeper County, Virginia. The parties waive any right of removal to federal court. The Contractor shall comply with applicable federal, state and local laws and regulations.

30. 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 unauthorized alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as presently amended.

31. ANTI-TRUST: By entering a contract, the Contractor conveys, sells, assigns, and transfers to the County all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust law of the United States and Culpeper County, relating to the particular goods or services purchased or acquired by the County under said contract.

Consistent and continued tie bidding could cause rejection of bids by the Purchasing Agent and/or investigation for Anti-Trust violations.

32. PAYMENT TERMS: Unless otherwise provided in the solicitation payment will be made thirty (30) days after receipt of a proper invoice, or thirty (30) days after receipt of all goods or acceptance of work, whichever is the latter.

1. Invoices for items/services ordered, delivered/performed, and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number, purchase order number, and any federal employer identification number.

2. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

3. The date of payment shall be deemed the date of postmark in all cases where payment is made by mail.

4. The County's fiscal year is July 1 - June 30. Contractors are advised to submit invoices, especially for goods and/or services provided in the month of JUNE, for the entire month i.e., June 1 - June 30, so that expenses are recognized in the appropriate fiscal year.

33. PAYMENT TO SUBCONTRACTORS: A contractor awarded a contract under this solicitation is hereby obligated:

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

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

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

34. ASSIGNMENT OF CONTRACT: A contract shall not be assigned by the Contractor in whole or in part without the written consent of the Purchasing Agent.

35. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to other remedies which the County may have.

36. ANTI-DISCRIMINATION: By submitting their bids/proposals, Bidders/Offerors certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis or race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body.

(Code of Virginia, Sec. 2.2-4343.1(E)).

In every contract over $10,000, the provisions in A and B below apply:

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

1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor.

The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

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

37. INVOICES: Invoices for items ordered, delivered, and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the IFB/RFP number and/or purchase order number.

38. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

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

B. The County may order changes within the general scope of the contract at any time by written notice to the Contractor.

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

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

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

3. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the County with all vouchers and records of expenses incurred and savings realized. The County shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Procurement Department within thirty (30) days from the date of receipt of the written order from the Procurement Department. If the parties fail to agree on an amount of adjustment, the questions of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for relieving disputes provided by the Disputes Clause of this contract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by the County or with the performance of the contract generally.

C. No modification for a fixed price contract may be increased by more than 25% or $50,000, whichever is greater without the advanced written approval of the Board of Supervisors or as applicable.

39. INDEMNIFICATION: Contractor shall indemnify, keep and save harmless the County, its agents, officials, employees and volunteers against claims of injuries, death, damage to property, patent claims, suits, liabilities, judgments, cost and expenses which may otherwise accrue against the County in consequence of the granting of a contract or which may otherwise result therefrom, if it shall be determined that the act was caused through negligence or error, or omission of the Contractor or his or her employees, or that of the subcontractor or his or her employees, if any; and the Contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the County in any such action, the Contractor shall, at his or her own expenses, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County as herein provided.

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

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor 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.

41. TERMINATION: Subject to the provisions below, the contract may be terminated by the County upon thirty (30) days advance written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

A. Termination for Convenience: In the event that the contract is terminated upon request and for the convenience of the

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