BUCHANAN COUNTY BOARD OF SUPERVISORS

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October 2017 : 10 11 19

Tuesday, October 10, 2017
Event Title: Invitation to Bid
Tuesday, October 10, 2017

Invitation to Bid

RE: Replacement and redesign of complete air duct system located at the Buchanan County Health Dept. located at 1051 Rosebud RD. Grundy, VA.

The Buchanan County Board of Supervisors is requesting an Invitation to Bid for the replacement and redesign of complete air duct system located at the Buchanan County Health Dept. located at 1051 Rosebud RD. Grundy, VA. .



PROPOSAL SUBMISSION

Invitation to Bid can be delivered to the County Administrator's Office located on the Fourth Floor of the Courthouse, 1012 Walnut Street, Grundy, Virginia, faxed 276-935-4479, e-mailed to Loretta.Peck@buchanancounty-va.gov < or mailed to the Attention of Loretta Peck, Purchasing Department, P.O. Box 950, Grundy, Va. 24614, until 9:00 A.M. on Thursday October 19, 2107.

SCOPE OF SERVICES

Replacement and redesign of complete air duct system located at the Buchanan County Health Dept. located at 1051 Rosebud RD. Grundy, VA.

Work shall consist of:

1- Removal and disposal of the existing air duct system.

2- Redesign and installation of new duct system.

3- Duct Board (fiber board) may not be used.

4- No lined Duct, Duct must be externally insulated.

5- Existing registers/grilles may be used, but must be cleaned if used.

6- All work must meet all state and local codes (VMC 2012).

7- Contractor will be responsible for any and all permits.

8- Redesign must meet the required static pressure and CFM of existing equipment.

9- Contractor will provide static pressure test results upon completion.

10- Price shall include any and all materials, labor to complete the project.

The successful bidder shall be properly qualified to do business in the Commonwealth of Virginia and hold at least a Class B Contractor license with the Commonwealth of Virginia. Should you have questions regarding the Scope of Services please contact Kenneth Ratliff @ 276-935-6587 or Kenneth.Ratliff@buchanancounty-va.gov <

Contract terms and specifications are incorporated by reference into this IFB. Please contact Loretta Peck @ 276-935-6505 for copy of the contract term and specifications.


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 9:00 a.m. Thursday October 19, 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
Tuesday, October 10, 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; hereinafter sometimes referred to as "County," 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 remove the old duct work provide and install new duct work for the heating and cooling ventilation system for the County Building at Rosebud Road in Grundy, Va. that is currently being used by the Virginia Department of Health for a local office. The Contractor shall furnish all the materials and labor necessary for the complete installation of the new duct work for the heating and cooling ventilation system as specified in this contract and in the Invitation to Bid, including the scope of work and specifications and drawings therein all of which are attached to this agreement and are made a part hereof by reference hereto as Exhibit "A".


II.


The Contractor agrees to perform and complete or cause to be performed or completed all such ventilation duct work installation in accordance with the techniques and methods of construction provided for by applicable law, the standards of the construction industry, and the specifications and drawings provided by County. The Contractor further agrees that all materials will meet all those requirements and specifications for materials as provided for by applicable law, including the ADA and the specifications and drawings provided by Buchanan County, Va. a copy of said specifications and drawings are attached hereto as Exhibit "A".


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, Compensations Act as well as general liability insurance covering damages to persons and property in the minimum amount of $1,000,000.00 and shall furnish a Certificate of insurance to the County. Buchanan County, its officers, agents, and employees shall be listed as additional insured on such policy of liability insurance. The Contractor shall furnish certificates of insurance to Buchanan County verifying such coverage.

The Contractor agrees to provide all materials and perform all the work required of him under this Agreement in a good and workmanlike manner under the supervision, inspection and direction of Kenneth Ratliff, Maintenance Superintendent, Buchanan County, Va. The Vendor guarantees the work performed by any sub-contractors under this Agreement and further agrees to notify the designated County inspector at least 24 hours before commencing work hereunder. The Contractor understands that the is of the essence in the completion of this job. Specifically that the job must be completed within 30 business days of the Contractor receiving a Notice to Proceed from the County.

V.


County shall pay the Contractor for the performance of the work and the furnishing of the material under this Agreement, as follows:


Contract bid price is:_____________________________________________________



VI.


A. Contractor shall submit an Application for one Lump Sum Payment in the amount of the Contract Price less retainage as set forth below, on or before the 15th day of the month following completion of the performance of the work; and payment shall be made to the Contractor subject to a determination that all the work and materials provided pursuant to this agreement have been performed and provided as determined by the County Inspector according to accepted practices in the industry. Such payment shall be ninety-five percent (95%) of the amount due with five percent (5%) being retained until the time of final payment. Such Application shall include documents showing that labor and material costs for the work completed have been paid, subject to the following:

B. Subject to the County Inspector's determination of work performed by Contractor according to accepted practices in the industry, payments by County for Contractor's Application for Payment on account of the Contract Price will be submitted to the Contractor within thirty (30) days of Contractor's Application for Payment.

C. Anything in this Agreement to the contrary notwithstanding, the final
payment above set forth shall not become due and payable to the Contractor until the said Contractor has completed the project and has delivered to County satisfactory releases, satisfactions or waivers of 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. The retention payment herein shall not be released until ninety (90) days after work completion subject to any claims and liens, unless the Contractor has provided executed lien release letters from all contractors and suppliers that have provided labor and materials to help complete the contract project. Upon receipt of all applicable lien releases on a format provided by Buchanan County the retention payment may be released prior to the ninety (90) day waiting period.

D. County may refuse to make payments based upon the County Inspector's
statements that the work is defective, has been damaged, and requires correction or replacement.

E. County may refuse to make payments because labor or materials have not been paid for.

F. The County Inspector shall not be liable to the Contractor due to recommendations which he makes pursuant to Article VII herein.

VII.


Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the project or not, will pass to County no later than the time of payment free and clear of all liens.

VIII.


The Contractor shall indemnify and save harmless Buchanan County, and its officers, agents 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 attorney fees incurred by them 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, County and its agent 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 Vendor or County 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 county the amount of such deficiency. If it becomes necessary for the County to pursue recovery of this deficiency, or other damages for any other breach of this agreement, the Contractor shall also be liable for the County's reasonable attorney fees and court costs. But if such amount remaining in the hands of County under this Agreement at the time of the default of the Contractor exceeds the amount required to complete the said Agreement, then upon completion County 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, license and consents required by such laws, ordinances, rules and regulations.

XI.


During the performance of this Agreement, the Contractor agrees as follows:


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


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


iii. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulation 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(i), A(ii), and A(iii) in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or Contractor.


C. During the performance of this contract, the vendor will:

i. Provide a drug-free workplace for the vendor's employees;


ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensations, 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 vendor 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 Contractor.

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

E. In the event of the Contractor's noncompliance with this section of this Contract, (Section XII), this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as other wise provided by law.

XII.


The Contractor shall, at all times, keep the construction area, safe 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 County certifying that the performance of such extra work has been approved and authorized by it.


XIV.


No extra compensation not specified in this Agreement shall be demanded or received by the vendor for any changes or alterations in the work performed under this Agreement, or for any extra work unless the provisions of this Agreement have been complied with strictly.


XV.

The Contractor shall commence work under the terms of this Agreement 5 days following the date of execution of this Agreement and receiving a Notice to Proceed from the County and shall complete all such work on or before ______________. Failure to complete the work by _______________shall result in a penalty of $__________per day following the deadline until such work is completed, unless an extension of time is granted by the County. The parties agree and understand that time is of the essence in completion of this contract. However, County may grant the Contractor an extension of time to complete this Contract for good cause shown; however, the County reserves the right to exercise its sole discretion when determining whether an extension is granted or denied. If an extension of time is not granted, the County reserves the right to exercise any and all agreement options written herein.




XVI.


No modification of any of the terms of this Agreement, nor any extension of the length of time allowed for the completion of the work governed by this Agreement, shall be valid without the advance written approval of the Buchanan County or compliance with the provisions of Va. Code section 2.2-4309.

XVII.

The Contractor shall not assign his rights or obligations under this Agreement. The Contractor represents that he does not intend to use any subcontractors to complete this contract.

XVIII.


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


XIX.


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 litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction and that disputes between the parties which are not settled by the parties shall be settled by the Circuit Court of Buchanan County.

XX.


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. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia.

XXI.

The Contractor is organized as a stock or non-stock 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



By: _______________________________________
Chairman of the
Buchanan County Board of Supervisors
ATTEST:

_______________________________
Robert Craig Horn, County Administrator
For Buchanan County, Virginia

VENDOR:

BY: ____________________________


APPROVED AS TO FORM:


____________________________________
Lawrence L. Moise III, County Attorney
For Buchanan County, Virginia


COMMONWEALTH OF VIRGINIA,
AT LARGE
, to-with:

Subscribed, and acknowledged before me Buchanan County, by __________________________, Chairman of the Buchanan County Board of Supervisors, and Robert Craig Horn, County Administrator for Buchanan County this the_________ day of _______________, 2017, in Buchanan County, Virginia.


________________________________
NOTARY PUBLIC
My registration # is _______________.
My commission expires on __________________.

COMMONWEALTH OF VIRGINIA,
AT LARGE
, to-wit:

Subscribed, and acknowledged before me, by_____________________ this the _____day of _________________, 2017, in Buchanan County, Virginia.


________________________________
NOTARY PUBLIC
My registration # is __________________.
My commission expires on ___________________.


COMMONWEALTH OF VIRGINIA,
AT LARGE
, to-wit:

Subscribed, and acknowledged before me, by Lawrence L. Moise III, County Attorney for Buchanan County this the _______ day of _____________, 2017, in Buchanan County, Virginia.

________________________________
NOTARY PUBLIC
My registration # is _________________.
My commission expires on ______________.







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Wednesday, October 11, 2017
(10 11 19)
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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Thursday, October 19, 2017
(10 11 19)
Event Title: CONTRACT
Thursday, October 19, 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; hereinafter sometimes referred to as "County," and __________________________, party of the second part, hereinafter referred to as "Vendor".

WITNESSETH:

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

I.


The Vendor agrees to provide pest control services on a monthly basis based on the specifications set forth on the Invitation for Bid attached to this contract and made a part thereof by incorporation by reference as Exhibit "A" for the period of November 1st, 1st, 2017 to June 30th, 2018. This contract shall automatically renew annually for three (3) one year renewals unless one of the parties notifies the other in writing of an intent not to renew the contract. Such written notice of an intent not to renew shall be mailed no later than thirty (30) days prior to the last day of an annual contract period.

II.


The Vendor agrees that in providing pest control services on a monthly basis to the building set forth on Exhibit "A":

III.


County shall pay the Vendor for providing the services described in Exhibit "A" and further specified in this agreement the purchase price of:


Purchase bid price is:




attached hereto as Exhibit "B".



Payment of the purchase price shall be made within thirty (30) days of receipt of the monthly invoice submitted by the Vendor to the County.

IV.


During the performance of this Agreement, the Vendor agrees as follows:


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

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

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


B. The vendor will include the provisions of the foregoing paragraphs A(i), A(ii), and A(iii) 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 vendor will:

i. Provide a drug-free workplace for the vendor's employees;

ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensations, possession, or use of a controlled substance or marijuana is prohibited in the Vendor'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 Vendor that the vendor 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 vendor 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. The Contractor does not and shall not during the performance of this contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

E. In the event of the Vendor's noncompliance with this section of this Contract, (Section XII), this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Vendor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as other wise provided by law.

V.


No extra work, not required by the Quote document attached hereto as Exhibit "B" and hereinbefore mentioned shall be performed or other material furnished unless on written order of County certifying that the performance of such extra work or other material furnished has been approved and authorized by it.


VI.


Upon good cause shown by the Vendor, the County may in its discretion extend any deadline or time requirement set forth in this agreement.

VII.


No modification of any of the terms of this Agreement, nor any extension of the length of time allowed for the completion of performance governed by this Agreement, shall be valid without the advance written approval of the Buchanan County Board of
Supervisors and compliance with Virginia Code Section 2.2-4309.

VIII.


The Vendor shall not assign his rights or obligations under this Agreement. The Vendor represents that he does not intend to use any subcontractors to complete performance of this contract.


IX.


County may cancel this Agreement at any time based upon a decision by County that such cancellation is in the best interest of County. Any such decision shall be a discretionary decision of County. If the County elects to cancel this contract, the County shall only be liable for goods and service supplied immediately prior to cancellation.

X.


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 litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction and that disputes between the parties which are not settled by the parties shall be settled by the Circuit Court of Buchanan County.

XI.


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. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia.

XII.


The vendor acknowledges that the privilege to submit bids to provide the County
future goods and services shall be dependent upon the complete and strict adherence
to the requirements set forth in this agreement.

XIII.

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



By: _______________________________________
J. Carroll Branham, Chairman of the
Buchanan County Board of Supervisors

ATTEST:


_______________________________
L. Lee Moise, County Administrator
For Buchanan County, Virginia

VENDOR: _______________________



BY: ____________________________


APPROVED AS TO FORM:



____________________________________
Lawrence L. Moise III, County Attorney
For Buchanan County, Virginia



COMMONWEALTH OF VIRGINIA,
AT LARGE
, to-with:

Subscribed, and acknowledged before me Buchanan County, by J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors, and Robert C. Horn, County Administrator for Buchanan County this the_________ day of _______________, 2017, in Buchanan County, Virginia.

My commission expires: ________________________________.
My registrations number: _______________________________.


________________________________
NOTARY PUBLIC

COMMONWEALTH OF ____________________,
AT LARGE
, to-wit:

Subscribed, and acknowledged before me, by _______________________on behalf of ____________________________(vendor) this the _____day of _______________, 2017, in _________________, _______________________.

My commission expires: ____________________________.
My registrations number: _______________________________.


________________________________
NOTARY PUBLIC


COMMONWEALTH OF VIRGINIA,
AT LARGE
, to-wit:

Subscribed, and acknowledged before me, by Lawrence L. Moise III, County Attorney for Buchanan County this the _______ day of _____________, 2017, in Buchanan County, Virginia.

My commission expires: ___________________________.
My registrations number: _______________________________.


________________________________
NOTARY PUBLIC







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