BUCHANAN COUNTY BOARD OF SUPERVISORS
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Wednesday, October 11, 2017
Event Title: INVITATION TO BID
Wednesday, October 11, 2017
INVITATION TO BID


RE: REPAIR HVAC ROOF TOP UNITS

The Buchanan County, Va., Board of Supervisors is requesting bids to repair HVAC roof top units located at 4447 Slate Creek Road, Grundy, VA

BID SUBMISSION

Bids will be received at the County Administrator's Office located at 1012 Walnut Street, 4th Floor, Grundy, Virginia until 10:00 AM on Friday October 20th, 2017. Bids can be mailed to the Attention of Loretta Peck, Purchasing Department, Buchanan County, Virginia, P.O. Drawer 950, Grundy, Va. 24614 faxed 276-935-4479, e-mailed to Loretta.Peck@buchanancounty-va.gov < or delivered to Buchanan County Administrator's Office 1012 Walnut Street, 4th Floor, Grundy, VA 24614. ALL BIDS SHOULD BE MARKED AS A BID FOR REPAIR HVAC ROOF TOP UNITS.

SCOPE OF SERVICES


- RTU # 1 Find and Repair all leaks install /replace liquid line drier

- Split System 15 ton York-Find and Repair all leaks install /replace liquid line drier

- RTU # 2 Find and Repair all leaks install /replace liquid line drier

- Split System 15 Ton York replace defective compressor install driers if necessary, provide customer with acid test results.

- Find and repair leaks on two split system York units

Bid price shall include any and all materials and labor. The successful bidder shall be properly qualified to do business in the Commonwealth of Virginia and must hold a Class B or greater, contractor's license from the Commonwealth of Virginia.





EVALUATION AND AWARD CRITERIA


A. Code of Virginia section 2.2-4300 best value concepts will be used when evaluating the Invitation for Bid results, such best value concept factors that will be considered are as follows:

- overall combination of price and quality of work;
- warranty provisions if any;


The bid that provides the best overall combination of the above factors will be the successful bid.


B. Award of Contract
The selection process shall be in accordance with County Code sections 16-35


Specifications and contractual terms may be obtained at the Buchanan County Courthouse 1012 Walnut Street 4th Floor, Grundy, VA, 8:30 a.m. - 5:00 p.m., Monday -Friday or you may contact Loretta Peck @ 276-935-6505. The specification and contractual terms are incorporated into this Invitation for Bid by reference.

Once the contract is signed the contractor must have the job completed within 10 days.

STATEMENT OF REQUISITE QUALIFICATIONS OF BIDDERS


The successful bidder shall be properly qualified to do business in the Commonwealth of Virginia.

COUNTY NOT LIABLE FOR PROSPECTIVE BIDDER BID COSTS


The Buchanan County, Va. Board of Supervisors will not be responsible for the costs incurred by a prospective bidder in submitting a bid in this matter.





BID SUBMISSION QUOTES

All bid submission quotes must be received on or before 10:00 a.m. Friday October 20th, 2017.


WITHDRAWAL OF BID PROCEDURE


Any bidder claiming the right to withdraw his bid shall give notice in writing
of this claim of right to withdraw his bid within two business days after the conclusion of the bid procedure. Furthermore, bid withdrawal is subject to, and limited by section 2.2-4330 of the Code of Virginia of 1950, as amended, and section 16-34 of the Buchanan County Code.



______________ ________________________________
Date Robert Craig Horn, County Administrator



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Event Title: CONTRACT
Wednesday, October 11, 2017

CONTRACT

THIS AGREEMENT, made and entered into this the day of
, 2017 by and between BUCHANAN COUNTY, a political subdivision of the Commonwealth of Virginia, party of the first part, and_____________________________________, party of the second part, hereinafter referred to as "Contractor".

WITNESSETH:

THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows:

I

The Contractor agrees to repair HVAC roof top units at the Industrial Park located on Slate Creek Road, 4447 Slate Creek Road in Grundy, Virginia, pursuant to the scope of services contained within "THE INVITATION TO BID" and made a part of this contract by reference thereto, as Exhibit "A" in Buchanan County, a copy of which is attached hereto and made a part hereof by reference. The Contractor is to supply all parts, materials and labor for the completion of the work pursuant to this contract.

II

The Contractor agrees to perform and complete or cause to be performed or completed all such construction in accordance with the techniques and methods of construction provided for by applicable law, the standards of the construction industry, and the specifications referenced above. The Contractor further agrees that all equipment and materials used in the installation shall meet all those requirements and specifications in compliance with the laws of the United States and the Commonwealth of Virginia.

III

The Contractor shall, at his own cost and expense, obtain and pay for all licenses, permits, certificates and surveys required for the completion of the work under this Agreement.

IV

The Contractor shall, at his own cost and expense, procure and maintain insurance required under the Virginia Workers' Compensation Act as well as liability insurance covering damages to person and property in the minimum amount of $1,000,000.00 and shall furnish a Certificate(s) of Insurance to the County verifying coverage and that the Buchanan County, Va. Board of Supervisors are listed as an additional insured on all insurance policies.
The Contractor agrees to perform all the work required of him under this Agreement in a good and workmanlike manner under the supervision and direction of Buchanan County or its designated agents or employees. The Contractor will not subcontract any of the work described herein without the prior approval of the Buchanan County Board of Supervisors. The Contractor will guarantee any work which would be performed by the sub-contractors. The Contractor further agrees to notify the County Administrator at least 24 hours before commencing work hereunder. If the contract amount exceeds $100,000.00 the Contractor shall post both a performance bond and payment bond each in the amount of the contract award.

V

The Contractor in the performance of this contract does not and shall not knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

VI

The Board shall pay the Contractor for the performance of the work and the furnishing of the material under this Agreement the sum of $62,892.80 upon the satisfactory completion of the aforesaid project. No partial performance payments will be made.

VII

A. Anything in this Agreement to the contrary notwithstanding, the final payment above set forth shall not become due and payable to the Contractor until thirty (30) days after the satisfactory completion of such project and until after the said Contractor has delivered to the Board satisfactory evidence that all claims, liens, and claims for liens and assignments of any sums due hereunder of Contractor's laborers, workmen and material men or any other persons, firms, associations, or corporations who may have performed any labor or furnished any materials under, or in connection with the performance of this Agreement have been paid in full.
B. The County shall notify the Contractor in writing of any defect or impropriety,
which could prevent payment by the payment date within twenty (20) days of the completion of the project and the receipt of the materials described in Paragraph 7 A herein.
C. In the event of a dispute between the Contractor and a subcontractor and regardless of any other language herein, the Contractor may still be paid in full if he provides the County with written notice of the reason for nonpayment. Upon being paid in full the Contractor shall take one of the two following actions within seven (7) days after having received payment from the County:
1. Pay the subcontractor for the proportionate share of the total payment received from the agency attributable to the work performed by the subcontractor under the contract; or
2. Notify the County and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.
D. An individual contractor shall provide his social security number to the County and proprietorships, partnerships, and corporations shall provide their federal employer identification numbers to the County.
E. The contractor shall be obligated to pay interest to any subcontractor on all amounts owed by the contractor that remain unpaid after seven (7) days following receipt by the contractor of payment from the County for work performed by the subcontractor under this contract, except for amounts withheld as allowed in subdivision C2 of this section.
F. Interest shall accrue at the legal rate.
G. The contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.
H. The contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section may not be construed to be an obligation of the County. A contract modification may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.

VIII

The Contractor shall indemnify and save harmless Buchanan County and its Board of Supervisors, officers and employees against all losses, or damages on account of injury to persons or property occurring in the performance of this Agreement together with any and all attorneys' fees incurred by Buchanan County on account of any thereof.

IX

In the event that the Contractor fails to complete the work required of him under this Agreement or abandons the said work or in any other way is in default of performance hereunder, the Board and its employees and/or agents shall have the right to enter upon the premises upon, which the work is being done and take possession thereof and of any material thereon, whether supplied by the Contractor or otherwise, and use such material and complete the said Agreement through workmen or contractors or subcontractors employed by the Contractor and in every way perform the Agreement as is required to be done by the Contractor. In the event that the cost of such work and the furnishing of such material as may be required to be furnished exceeds the amount then remaining due the Contractor under the said Agreement, the Contractor shall pay to the Board the amount of such deficiency. But if such amount remaining in the hands of the Board under this Agreement at the time of the default of the Contractor exceeds the amount required to complete the said Agreement, then upon such completion the Buchanan County Board of supervisors shall pay such surplus to the Contractor.

X

In the performance of the work under this Agreement, the Contractor shall conform to all applicable laws, ordinances, rules and regulations now in force or hereafter adopted and shall obtain all permits, licenses and consents required by such laws, ordinances, rules and regulations.

XI

During the performance of this Agreement, the Contractor agrees as follows:
A. 1. The Contractor will not discriminate against any employee or applicant
for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin 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, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section.
B. The Contractor will include the provisions of the foregoing paragraphs a, b, and c in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor.
C. During the performance of this contract, the Contractor will:
1. Provide a drug-free workplace for the Contractor's employees;
2. 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;
3. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and4. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00 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.
D. In the event of the Contractor's noncompliance with this section of this Contract, (Section XI), this agreement may be cancelled, terminated or suspended, in whole or part, and the Contractor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as otherwise provided by law.

XII

The Contractor shall, at all times, keep all roads, in the construction area, open and passable to normal traffic, considering short delays, which may be necessary in the performance of the work covered by the Agreement.

XIII

No extra work, not required by the plans and specifications hereinbefore mentioned, shall be performed or other material furnished unless on written order of the Board certifying that the performance of such extra work has been approved and authorized by it; and/or such modification of this contract are in accordance with the provisions of Virginia Code section 2.2-4309.

XIV

No extra compensation not specified in this Agreement shall be demanded or received by the Contractor for any changes or alterations in the work performed under this Agreement, or for any extra work unless the foregoing provisions of this Agreement have been complied with strictly and modification of said contract is compliant with Va. Code section 2.2-4309.

XV

The Contractor shall commence work under the terms of this Agreement on or before___________ following the date of execution of this Agreement and shall complete all such work on or before thirty (30) calendar days (weather permitting) after the execution of this Agreement. However, in the event the contractor is unable to complete said project within thirty (30) calendar days, contractor is hereby required to request in writing an extension for an additional period not to exceed twenty (20) days, from the Board. It shall be in the sole discretion of the Board to either grant or not to grant an extension of the time to complete the construction of the project. No extension shall be granted for contractor's failing to properly plan or anticipate the actual time required to complete the project nor for contractor's overextension of labor and materials or failure of subcontractor or supplier to timely perform. A penalty for failing to meet project deadlines or extensions thereof shall accrue as follows: 5% of contract amount upon the first day of default and an additional 1% of the contract balance for each weekday (holidays excluded) thereafter until the project is completed and approved by the Board.

XVI

No modification of any of the terms of this contract, nor any extension of the length of time allowed for the completion of the work governed by this contract, shall be valid without the advance written approval of the Buchanan County Board of Supervisors and in compliance with Va. Code section 2.2-4309.
The Contractor shall not assign his rights or obligations under this Agreement, nor have more than fifty percent (50%) of the work required by this Agreement performed by sub-contractors.

XVII

Claims by the Contractors shall be made in accordance with Section 11-69 of the 1950 Code of Virginia, as amended, and shall include a sworn written statement of facts substantiating such claims, together with copies of all documents and photographs which tend to substantiate such claims. The Contractor shall be allowed to appear before the Board of Supervisors within thirty (30) days after having filed such claim to present its argument in support of such claim. The Board of Supervisors shall rule on such claim in writing within sixty (60) days of the time set for such hearing.

XVIII

The parties agree that in the event the Contractor defaults in its performance of this Agreement or in the event that any money is paid by the Contractor's surety for the completion of this Contract, that the Contractor shall be disqualified from bidding on any future county construction projects for a period of two (2) years.

XIX

The County may cancel this Agreement at any time based upon a decision by the Buchanan County Board of Supervisors that such cancellation is in the best interest of the County. Any such decision shall be a discretionary decision of the Board. In the event of a cancellation pursuant to this paragraph, then the County shall not be liable to the Contractor for his bidding cost or for any amount other than the fair market value of the construction work completed by the Contractor pursuant to this Contract as of the time of the cancellation.

XX

This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that the Circuit Court for Buchanan County shall be the proper venue for any litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction.

XXI

If any provisions of this Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall nevertheless remain in full force and effect.

XXII.

The Contractor if organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as registered limited partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity.

EXECUTED IN DUPLICATE ORIGINALS.
WITNESS
the following signatures and seals:

BUCHANAN COUNTY BOARD OF SUPERVISORS


By: _____________________________________
J. Carroll Branham, Chairman

ATTEST:


___________________________________________
Robert Craig Horn, County Administrator

CONTRACTOR


By: _________________________________________
_______________________, President




COMMONWEALTH OF VIRGINIA,
AT LARGE, to-wit:

Subscribed, and acknowledged before me, by J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator, this _____ day of___________________, 2017 in Buchanan County, Virginia.

My commission expires: ___________________________.
My registration number: __________________________.

________________________________________________
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:

Subscribed and acknowledged before me, by _________________________, ________________ of ________________________ this the __________ day of ____________________, 2017 in___________________________, Virginia.

My commission expires: ___________________________.
My registration number: __________________________.


________________________________________________
NOTARY PUBLIC


APPROVAL


The form of the foregoing Agreement by and between the Buchanan County Board of Supervisors and ________________________________is here by approved.

Witness the following signature and seal:


______________________________________________
ATTORNEY FOR THE COUNTY OF BUCHANAN


DATE: _________________________________


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Event Title: PUBLIC NOTICE
Wednesday, October 11, 2017

PUBLIC NOTICE


The Buchanan County Board of Supervisors requests all contractors and/or individuals interested in providing snow removal on county roads to attend a meeting on Tuesday, October 24th, 2017 at 9:30 a.m. This meeting will be held in the Buchanan County Board of Supervisors meeting room in the basement of the courthouse. Proof of motor vehicle insurance in the minimum amount of $300,000.00 of liability coverage must be presented at the meeting. Any vendor selected to do snow removal work that does not have workers compensation coverage may be required to sign an assumption of risk form acknowledging that they are an independent contractors and not covered under the County's Workers Compensation coverage. It is the intent of the County that equipment rates will be based on a uniform schedule which will include both labor and equipment.
If you have any questions, please contact Craig Horn at 276-935-6596.


Thank you.



Robert Craig Horn
County Administrator



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Event Title: INVITATION TO BID
Wednesday, October 11, 2017
INVITATION TO BID


RE: MOVE EXISTING ANSUL SYSTEM AND INTALL AT A NEW LOCATION

The Buchanan County, Va., Board of Supervisors is requesting sealed bids to move existing Ansul sprinkler system and install same system at the new location 4447 Slate Creek Road, Grundy, VA

BID SUBMISSION

Sealed bids will be received at the County Administrator's Office located at 1012 Walnut Street, 4th Floor, Grundy, Virginia until 10:00 AM on Friday, November 3, 2017. Bids can be mailed to the Attention of Loretta Peck, Purchasing Department, Buchanan County, Virginia, P.O. Drawer 950, Grundy, Va. 24614 or delivered to Buchanan County Administrator's Office 1012 Walnut Street, 4th Floor, Grundy, VA 24614. ALL BIDS SHOULD BE MARKED AS A SEALED BID FOR SPRINKLER SYSTEM.

SCOPE OF SERVICES


- Move existing Ansul system to IDA Building located at 4447 Slate Creek Road, Grundy, VA

o Leave all existing piping and detection in place

o Remove automan, nozzles, and 2 tanks for use in new building

o Piping in new building

o Install the Ansul Sprinkler system in IDA building

Bid price shall include any and all materials, equipment and labor necessary for removal of old sprinkler system, move of old sprinkler system to IDA Building and installation of the old sprinkler system in the IDA Building. The successful bidder shall be properly qualified to do business in the Commonwealth of Virginia and must hold a Class B or greater, contractor's license from the Commonwealth of Virginia.



EVALUATION AND AWARD CRITERIA


A. Award of Contract
The selection process shall be in accordance with County Code sections 16-35

Specifications and contractual terms may be obtained at the Buchanan County Courthouse 1012 Walnut Street 4th Floor, Grundy, VA, 8:30 a.m. - 5:00 p.m., Monday -Friday or you may contact Loretta Peck @ 276-935-6505. The specification and contractual terms are incorporated into this Invitation for Bid by reference.

Once the contract is signed the contractor must have the job completed within 20 days of the Notice to proceed being issued to the Contractor.

STATEMENT OF REQUISITE QUALIFICATIONS OF BIDDERS


The successful bidder shall be properly qualified to do business in the Commonwealth of Virginia and shall hold a Class A or Class B Contractor's License in the Commonwealth of Virginia.

COUNTY NOT LIABLE FOR PROSPECTIVE BIDDER BID COSTS


The Buchanan County, Va. Board of Supervisors will not be responsible for the costs incurred by a prospective bidder in submitting a bid in this matter.

BID SUBMISSION QUOTES

All bid submission quotes must be received on or before 10:00 a.m. November 3, 2017.

WITHDRAWAL OF BID PROCEDURE

Any bidder claiming the right to withdraw his bid shall give notice in writing
of this claim of right to withdraw his bid within two business days after the conclusion of the bid procedure. Furthermore, bid withdrawal is subject to, and limited by section 2.2-4330 of the Code of Virginia of 1950, as amended, and section 16-34 of the Buchanan County Code.


______________ ________________________________
Date Robert Craig Horn, County Administrator


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Event Title: CONTRACT
Wednesday, October 11, 2017

CONTRACT

THIS AGREEMENT, made and entered into this the day of
, 2017 by and between BUCHANAN COUNTY, a political subdivision of the Commonwealth of Virginia, party of the first part, and_____________________________________, party of the second part, hereinafter referred to as "Contractor".

WITNESSETH:

THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows:

I

The Contractor agrees to move existing Ansul Sprinkler System and install same system for use at the Industrial Park located on Slate Creek Road, 4447 Slate Creek Road in Grundy, Virginia, pursuant to the scope of services contained within "THE INVITATION TO BID" and make a part of this contract by reference thereto, as Exhibit "A" in Buchanan County, a copy of which is attached hereto and made a part hereof by reference. The Contractor shall provide all materials, equipment and labor necessary to complete job of moving said Ansul Sprinkler System and installing same in the IDA Building at 4447 Slate Creek Road, Grundy, Va.

II

The Contractor agrees to perform and complete or cause to be performed or completed all such construction in accordance with the techniques and methods of construction provided for by applicable law, the standards of the construction industry, and the specifications referenced above. The Contractor further agrees that all equipment and materials used in the installation shall meet all those requirements and specifications in compliance with the laws of the United States and the Commonwealth of Virginia.

III

The Contractor shall, at his own cost and expense, obtain and pay for all licenses, permits, certificates and surveys required for the completion of the work under this Agreement.

IV

The Contractor shall, at his own cost and expense, procure and maintain insurance required under the Virginia Workers' Compensation Act as well as liability insurance covering damages to person and property in the minimum amount of $1,000,000.00 and shall furnish a Certificate(s) of Insurance to the County verifying coverage and that the Buchanan County, Va. Board of Supervisors are listed as an additional insured on all insurance policies.
The Contractor agrees to perform all the work required of him under this Agreement in a good and workmanlike manner under the supervision and direction of Buchanan County or its designated agents or employees. The Contractor will not subcontract any of the work described herein without the prior approval of the Buchanan County Board of Supervisors. The Contractor will guarantee any work which would be performed by the sub-contractors. The Contractor further agrees to notify the County Administrator at least 24 hours before commencing work hereunder. If the contract amount exceeds $100,000.00 the Contractor shall post both a performance bond and payment bond each in the amount of the contract award.

V

The Contractor in the performance of this contract does not and shall not knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

VI

The Board shall pay the Contractor for the performance of the work and the furnishing of the material under this Agreement the sum of ____________ upon the satisfactory completion of the aforesaid project. No partial performance payments will be made.

VII

A. Anything in this Agreement to the contrary notwithstanding, the final payment above set forth shall not become due and payable to the Contractor until thirty (30) days after the satisfactory completion of such project and until after the said Contractor has delivered to the Board satisfactory evidence that all claims, liens, and claims for liens and assignments of any sums due hereunder of Contractor's laborers, workmen and material men or any other persons, firms, associations, or corporations who may have performed any labor or furnished any materials under, or in connection with the performance of this Agreement have been paid in full.
B. The County shall notify the Contractor in writing of any defect or impropriety,
which could prevent payment by the payment date within twenty (20) days of the completion of the project and the receipt of the materials described in Paragraph 7 A herein.
C. In the event of a dispute between the Contractor and a subcontractor and regardless of any other language herein, the Contractor may still be paid in full if he provides the County with written notice of the reason for nonpayment. Upon being paid in full the Contractor shall take one of the two following actions within seven (7) days after having received payment from the County:
1. Pay the subcontractor for the proportionate share of the total payment received from the agency attributable to the work performed by the subcontractor under the contract; or
2. Notify the County and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.
D. An individual contractor shall provide his social security number to the County and proprietorships, partnerships, and corporations shall provide their federal employer identification numbers to the County.
E. The contractor shall be obligated to pay interest to any subcontractor on all amounts owed by the contractor that remain unpaid after seven (7) days following receipt by the contractor of payment from the County for work performed by the subcontractor under this contract, except for amounts withheld as allowed in subdivision C2 of this section.
F. Interest shall accrue at the legal rate.
G. The contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.
H. The contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section may not be construed to be an obligation of the County. A contract modification may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.

VIII

The Contractor shall indemnify and save harmless Buchanan County and its Board of Supervisors, officers and employees against all losses, or damages on account of injury to persons or property occurring in the performance of this Agreement together with any and all attorneys' fees incurred by Buchanan County on account of any thereof.

IX

In the event that the Contractor fails to complete the work required of him under this Agreement or abandons the said work or in any other way is in default of performance hereunder, the Board and its agents shall have the right to enter upon the premises upon, which the work is being done and take possession thereof and of any material thereon, whether supplied by the Contractor or otherwise, and use such material and complete the said Agreement through workmen or contractors or subcontractors employed by the Contractor and in every way perform the Agreement as is required to be done by the Contractor. In the event that the cost of such work and the furnishing of such material as may be required to be furnished exceeds the amount then remaining due the Contractor under the said Agreement, the Contractor shall pay to the Board the amount of such deficiency. But if such amount remaining in the hands of the Board under this Agreement at the time of the default of the Contractor exceeds the amount required to complete the said Agreement, then upon such completion the Buchanan County Board of supervisors shall pay such surplus to the Contractor.

X

In the performance of the work under this Agreement, the Contractor shall conform to all applicable laws, ordinances, rules and regulations now in force or hereafter adopted and shall obtain all permits, licenses and consents required by such laws, ordinances, rules and regulations.

XI

During the performance of this Agreement, the Contractor agrees as follows:
A. 1. The Contractor will not discriminate against any employee or applicant
for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin 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, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section.
B. The Contractor will include the provisions of the foregoing paragraphs a, b, and c in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor.
C. During the performance of this contract, the Contractor will:
1. Provide a drug-free workplace for the Contractor's employees;
2. 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;
3. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and4. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00 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.
D. In the event of the Contractor's noncompliance with this section of this Contract, (Section XI), this agreement may be cancelled, terminated or suspended, in whole or part, and the Contractor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as otherwise provided by law.

XII

The Contractor shall, at all times, keep all roads, in the construction area, open and passable to normal traffic, considering short delays, which may be necessary in the performance of the work covered by the Agreement.

XIII

No extra work, not required by the plans and specifications hereinbefore mentioned, shall be performed or other material furnished unless on written order of the Board certifying that the performance of such extra work has been approved and authorized by it in accordance with the provisions of Virginia Code section 2.2-4309.

XIV

No extra compensation not specified in this Agreement shall be demanded or received by the Contractor for any changes or alterations in the work performed under this Agreement, or for any extra work unless the foregoing provisions of this Agreement have been complied with strictly and modification of said contract is compliant with Va. Code section 2.2-4309.

XV

The Contractor shall commence work under the terms of this Agreement on or before___________ following the date of execution of this Agreement and shall complete all such work on or before thirty (30) calendar days (weather permitting) after the execution of this Agreement. However, in the event the contractor is unable to complete said project within thirty (30) calendar days, contractor is hereby required to request in writing an extension for an additional period not to exceed twenty (20) days, from the Board. It shall be in the sole discretion of the Board to either grant or not to grant an extension of the time to complete the construction of the project. No extension shall be granted for contractor's failing to properly plan or anticipate the actual time required to complete the project nor for contractor's overextension of labor and materials or failure of subcontractor or supplier to timely perform. A penalty for failing to meet project deadlines or extensions thereof shall accrue as follows: 5% of contract amount upon the first day of default and an additional 1% of the contract balance for each weekday (holidays excluded) thereafter until the project is completed and approved by the Board.

XVI

No modification of any of the terms of this contract, nor any extension of the length of time allowed for the completion of the work governed by this contract, shall be valid without the advance written approval of the Buchanan County Board of Supervisors and/or the modification is in compliance with Va. Code section 2.2-4309.
The Contractor shall not assign his rights or obligations under this Agreement, nor have more than fifty percent (50%) of the work required by this Agreement performed by sub-contractors.

XVII

Claims by the Contractors shall be made in accordance with Section 11-69 of the 1950 Code of Virginia, as amended, and shall include a sworn written statement of facts substantiating such claims, together with copies of all documents and photographs which tend to substantiate such claims. The Contractor shall be allowed to appear before the Board of Supervisors within thirty (30) days after having filed such claim to present its argument in support of such claim. The Board of Supervisors shall rule on such claim in writing within sixty (60) days of the time set for such hearing.

XVIII

The parties agree that in the event the Contractor defaults in its performance of this Agreement or in the event that any money is paid by the Contractor's surety for the completion of this Contract, that the Contractor shall be disqualified from bidding on any future county construction projects for a period of two (2) years.

XIX

The County may cancel this Agreement at any time based upon a decision by the Buchanan County Board of Supervisors that such cancellation is in the best interest of the County. Any such decision shall be a discretionary decision of the Board. In the event of a cancellation pursuant to this paragraph, then the County shall not be liable to the Contractor for his bidding cost or for any amount other than the fair market value of the construction work completed by the Contractor pursuant to this Contract as of the time of the cancellation.

XX

This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that the Circuit Court for Buchanan County shall be the proper venue for any litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction.

XXI

If any provisions of this Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall nevertheless remain in full force and effect.

XXII.

The Contractor if organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as registered limited partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity.

EXECUTED IN DUPLICATE ORIGINALS.
WITNESS
the following signatures and seals:

BUCHANAN COUNTY BOARD OF SUPERVISORS


By: _____________________________________
J. Carroll Branham, Chairman

ATTEST:


___________________________________________
Robert Craig Horn, County Administrator

CONTRACTOR


By: _________________________________________
_______________________, President




COMMONWEALTH OF VIRGINIA,
AT LARGE, to-wit:

Subscribed, and acknowledged before me, by J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator, this _____ day of___________________, 2017 in Buchanan County, Virginia.

My commission expires: ___________________________.
My registration number: __________________________.

________________________________________________
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit:

Subscribed and acknowledged before me, by _________________________, ________________ of ________________________ this the __________ day of ____________________, 2017 in___________________________, Virginia.

My commission expires: ___________________________.
My registration number: __________________________.


________________________________________________
NOTARY PUBLIC


APPROVAL


The form of the foregoing Agreement by and between the Buchanan County Board of Supervisors and ________________________________is here by approved.

Witness the following signature and seal:


______________________________________________
ATTORNEY FOR THE COUNTY OF BUCHANAN


DATE: _________________________________


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