BUCHANAN COUNTY BOARD OF SUPERVISORS

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March 2018 : 14 19

Wednesday, March 14, 2018
Event Title: Contract
Wednesday, March 14, 2018

COUNTY HOT MIX ASPHALT SUPPLIER CONTRACT


THIS AGREEMENT
made and entered into this the _______day of_________________, 20___ 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".

WITNESSSETH:


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

I. GENERAL PROVISIONS

The Contractor agrees to furnish Hot Mix Asphalt for the construction and satisfactory completion of Buchanan County paving projects within Buchanan County, VA in accordance with plans and specifications furnished by the Buchanan County Engineering Department.

The Contractor agrees to supply Hot Mix Asphalt material in accordance with the current Virginia Department of Transportation Road and Bridge Specifications, and special provisions, additions and amendments thereto. Attached and made part of this Agreement by incorporation by reference, identified as Exhibit 'A', is the "Invitation for Bid".


II. CONTRACT DURATION

The Hot Mix Asphalt Supplier contract per district shall be for a nine (9) month period with the commencement date to begin April 2, 2018 upon Board of Supervisors acceptable and contract execution and shall terminate on December 31, 2018.


III. CONTACT INFORMATION

Any questions regarding this contract shall be addressed to Marcus Stiltner @
276-935-4013, 276-870-2212, or marcus.stiltner@buchanancounty-va.gov < .




IV. SUBCONTRACTOR REQUIREMENTS

Not Applicable

V. AWARD AND EXECUTION OF CONTRACT

An official contract Notice - of - Award will be mailed certified by the county
engineering department.

VI. PRECONSTRUCTION MEETING

Not Applicable

VII. INVOICING REQUIREMENTS

All Hot Mix Asphalt material invoices will be paid through the County Administrator's Office. Buchanan County will issue purchase orders for all Hot Mix Asphalt material. Contractor shall be responsible to ensure purchase order numbers are on all material tickets prior to leaving supplier.

VIII. SPECIAL TERMS AND CONDITIONS

No additional compensation not provided in this Agreement shall be demanded or received by the Contractor for any additional material provided, 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.

No additional material furnished unless on written order of the Board of Supervisors certifying that such material has been approved and authorized by it.

No modification of any of the terms of this contract, nor any extension of contract time 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.

Claims by the Contractors shall be made in accordance with Section 2.2-4363 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 claim. 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 which tends to substantiate such claim in writing within sixty (60) days of the time set for such hearing.

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.

The County may cancel this Agreement at any time based upon a majority vote by the Buchanan County Board of Supervisors that such cancellations is in the best interest of the Buchanan 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.

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.

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.

The Contractor is 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.

IX. AUTHORITIES AND DUTIES OF ROAD INSPECTOR

Not Applicable

X. PROJECT SPECIFICS

Hot Mix Asphalt material mix designations supplied to Buchanan County under
this Agreement shall include Asphalt Type SM-12.5AL, Asphalt Type SM-19.0A, and Asphalt Type BM-25.0A. All asphalt mixes shall have a performance grade (PG) 64-22 and shall conform to the Virginia Department of Transportation Road and Bridge Specifications, current edition, section 211.

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 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.

ii. 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.

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 vendor.

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

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

ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, 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 Contractor maintains a drug-free workplace; and

iv. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

D. During the performance of this contract, the Contractor shall not 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 otherwise provided by law.

EXECUTED IN DUPLICATE ORIGINALS

WITNESS the following signatures and seals:

Name of Prime Contractor: _________________________________________________

Duly Representative for Contractor(Print): ______________________________

Duly Representative for Contractor(Signature): ______________________________


COMMONWEALTHOF VIRGINIA,
AT LARGE, to-wit:

Subscribed, and acknowledged before me, by (name)_________________________________, name of duly representative for contractor corporation, _____________________________________________ this the ________________ day of ____________________, 20___ in Buchanan County, Virginia.

My commission expires: ________________________________________.

________________________________________
NOTARY PUBLIC

REF # __________________________________

BUCHANAN COUNTY BOARD OF SUPERVISORS

By: ___________________________________________
Chairman, Buchanan County Board of Supervisors

ATTEST:

By: ___________________________________________
County Administrator for Buchanan County
COMMONWEALTH OF VIRGINIA,
AT LARGE, to-wit:

Subscribed, and acknowledged before me, by _______________________________, Chairman of the Buchanan County Board of Supervisors, this the ________________day of ____________________, 20___ in Buchanan County, Virginia.

My commission expires: ________________________________________.

________________________________________
NOTARY PUBLIC

REF # __________________________________


COMMONWEALTH OF VIRGINIA,
AT LARGE, to-wit:

Subscribed, and acknowledged before me, by _______________________________, County Administrator for the Buchanan County Board of Supervisors, this the ________________ day of __________________, 20___ in Buchanan County, Virginia.

My commission expires: ________________________________________.

________________________________________
NOTARY PUBLIC

REF # __________________________________

APPROVAL


The form of the foregoing Agreement by and between Buchanan County Board of Supervisors and __________________________________________________is hereby approved.
Witness the following signature and seal:

___________________________________________
ATTORNEY FOR THE COUNTY OF BUCHANAN

DATE: _____________________________________


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Event Title: INVITATION FOR BID
Wednesday, March 14, 2018

INVITATION FOR BID
BUCHANAN COUNTY HOT MIX ASPHALT SUPPLIER 2018


The Buchanan County, VA., Board of Supervisors is soliciting bids for County Road Hot Mix Asphalt Supplier for the calendar year 2018.

BID SUBMISSION

Sealed bids will be received until 9:00 a.m. on Friday, March 30, 2018. All bids shall be turned into the County Administrator's Office located on the 3rd floor of the Buchanan County Government Building. Bids will be opened and publicly read at or around 10:00 a.m. Friday, March 30, 2018. Bids can be mailed to the Attention of Marcus Stiltner, County Engineer, Buchanan County, Virginia, P.O. Drawer 950, Grundy, VA. 24614. All bids must be sealed and clearly marked "HOLD FOR BID OPENING COUNTY ROAD HOT MIX ASPHALT SUPPLIER 2018" noted on the front of the envelope.


PURPOSE

The Buchanan County Board of Supervisors is soliciting bids from qualified suppliers to provide hot mix asphalt on county maintained roads. Hot mix asphalt shall include "a not to exceed" unit cost per ton for Asphalt Type SM-12.5AL, Asphalt Type SM-19.0AL, and BM-25.0A performance grade (PG) 64-22 mix designations and shall conform to the Virginia Department of Transportation Road and Bridge Specifications, current edition, section 211. Invoicing for each asphalt mix designation shall be at current asphalt prices (unit cost) and shall not exceed the low-bid contract unit cost per mix designation. Contract terms and conditions are incorporated into this Invitation to Bid by reference. Upon Board of Supervisors acceptance of low, responsive, responsible bidder's proposal; the successful Bidder shall within fourteen (14) calendar days enter into said contract.


CONTRACT DURATION

The contract shall commence on April 2, 2018 and shall terminate on December 31, 2018.

STATEMENT OF PREQUISITE QUALIFICATIONS OF BIDDERS

Asphalt concrete mixing plant used for the preparation of asphalt concrete mixtures shall conform to the Virginia Department of Transportation Road and Bridge Specifications, current edition, section 211.


PROCEDURE IF LOW RESPONSIVE AND RESPONSIBLE BID IS
IN EXCESS OF BUDGETED FUNDS AVAILABLE FOR PROJECT

If the low responsible and responsive bid is in excess of the budgeted funds available for the project, then the Buchanan County, Va., Board of Supervisors through its employees and/or agents reserves the right to negotiate the bid price with said low responsible and responsive bidder granted by § 2.2-4318 of the Code of Virginia, as amended. Such negotiations may include negotiation of price and matters that do not affect the quantity or quality of the material or the work to be performed so to arrive at a negotiated contract price within available funds. The time, place, and manner of negotiating shall be agreed upon by both parties.


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 opening 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.


Marcus R. Stiltner II, P.E.
County Engineer



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Event Title: INVITATION FOR BID
Wednesday, March 14, 2018

INVITATION FOR BID
BUCHANAN COUNTY PAVING OPERATIONS 2018


The Buchanan County, VA., Board of Supervisors is soliciting bids for County Road Paving Operations for individual paving projects less than 150 tons of asphalt placed.

BID SUBMISSION

Sealed bids on the projects will be received until 9:00 a.m. on Friday, March 30, 2018. All bids shall be turned into the County Administrator's Office located on the 3rd floor of the Buchanan County Government Center. Bids will be opened and publicly read at or around 10:00 a.m. Friday, March 30, 2018. Bids can be mailed to the Attention of Marcus Stiltner, County Engineer, Buchanan County, Virginia, P.O. Drawer 950, Grundy, VA. 24614. All bids must be sealed and clearly marked "HOLD FOR BID OPENING BUCHANAN COUNTY PAVING OPERATIONS 2018" noted on the front of the envelope.

In the event that a total bid is $100,000.00 or greater, a certified check or cashier's check drawn on a State or National Bank or Bidders Bond from an acceptable Surety Company authorized to transact business in the Commonwealth of Virginia, or other alternate security as set forth in Virginia Code section 2.2-4338 and approved by the County Attorney, in the amount of not less than five Percent (5%) of the greatest total amount of the Bidder's proposal must accompany each proposal as a guarantee that, if awarded the contract, the Bidder will within fourteen (14) calendar days after the award of contract enter into a contract and execute Performance and Payment Bonds, if applicable, on the forms provided in the Contract Documents. Proposals must be completed and submitted on the forms provided. Incomplete bid proposals will be invalidated as non-responsive and accordingly rejected and returned to the bidder. The right to accept any bid, or reject any or all bids and to waive all formalities is hereby reserved by the Buchanan County, Va., Board of Supervisors.

SCOPE OF WORK

The specifications and proposed contract terms and conditions for each project covered under this Invitation For Bid may be obtained on or after March 13, 2018 at the Buchanan County Engineering Department Office located on Slate Creek, State Rt. 717, 4.2 miles East of Grundy, Va., and said specifications and proposed contract terms and conditions are hereby incorporated and made a part of this Invitation to Bid by reference. All subject work shall be in accordance with the techniques and methods of construction and contract administration provided for in the current Virginia Department of Transportation Road and Bridge Specifications, and special provisions, additions, and amendments thereto.

PURPOSE

The Buchanan County Board of Supervisors is soliciting bids from qualified contractors to provide paving operations on county maintained roads and property for individual projects whose total asphalt tonnage is less than 150 tons of asphalt placed. The paving contract will be based on 'tons' of asphalt placed, with Buchanan County Board of Supervisors supplying the hot mix asphalt via purchase order.





CONTRACT DURATION

The Buchanan County paving operations contract shall terminate on June 15, 2018. Commencement date shall begin on the date of Board of Supervisors acceptance and execution of said contract.

STATEMENT OF REQUISITE QUALIFICATIONS OF BIDDERS

The successful bidder shall have a Class A Heavy/Highway or Class B Heavy/Highway, contractor's license from the Commonwealth of Virginia per Virginia Code Section 54.1-1106 and have experience in the construction of road maintenance. All contractors regardless of license designation are held to the same insurance requirements.

PROCEDURE IF LOW RESPONSIVE AND RESPONSIBLE BID IS
IN EXCESS OF BUDGETED FUNDS AVAILABLE FOR PROJECT

If the low responsible and responsive bid is in excess of the budgeted funds available for the project, then the Buchanan County, Va., Board of Supervisors through its employees and/or agents reserves the right to negotiate the bid price with said low responsible and responsive bidder granted by § 2.2-4318 of the Code of Virginia, as amended. Such negotiations may include negotiation of price and matters that do not affect the quantity or quality of the material or the work to be performed so to arrive at a negotiated contract price within available funds. The time, place, and manner of negotiating shall be agreed upon by both parties.

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 opening 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.


Marcus R. Stiltner II, P.E.
County Engineer



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Event Title: CONTRACT
Wednesday, March 14, 2018
BUCHANAN COUNTY PAVING OPERATIONS CONTRACT

PATCH CONTRACT FOR PAVING PROJECTS LESS THAN 150 TONS OF ASPHALT PLACED PER PROJECT.

EXHIBIT 'B' PROJECT SPECIFICATIONS AND REQUIREMENTS

1.0 HOT MIX ASPHALT CONCRETE

1.1 UNIT COST PER placement TON OF ASPHALT CONCRETE FOR All asphalt PROJECTS SHALL INCLUDE REMOVING AND DISPOSING OF UNSUITABLE MATERIAL, PREPARING THE AREA, FURNISHING AND APPLYING TACK COAT, APPLYING PLANT MIX ASPHALT CONCRETE AND COMPACTION. PRICE PER LAY DOWN TON OF PLANT MIX ASPHALT SHALL INCLUDE ALL NECESSARY EQUIPMENT AND LABOR INCLUDING TRAFFIC CONTROL, TO OBTAIN A FINISHED PRODUCT IN ACCORDANCE WITH VDOT ROAD AND BRIDGE SPECIFICATIONS, current edition.

1.2 hot mix asphalt concrete placement shall be placed in accordance with the techniques and methods of construction provided for in the current virginia department of transportation road and bridge specifications, and special provisions, additions, and amendments thereto.

1.3 Prior to application of tack coat and commencement of paving operations the Contractor shall clean the existing pavement surface of all accumulated dust, mud, or other debris that may affect the bond of the new overlay, as determined by the Engineer. The Contractor shall ensure the surface remains clean until commencement and during paving operations. The cost for cleaning and surface preparation shall be included in the bid price for asphalt concrete.

1.4 ASPHALT MATERIAL SHALL BE PLACED AT THE SPECIFIED APPLICATION RATE AND WILL BE PAID FOR AT THE CONTRACT UNIT PRICE PER PLACEMENT TON. THE ENGINEER WILL DETERMINE THE DISPOSITION OF MATERIAL THAT NOT SUCCESSFULLY PLACED DUE TO NEGLIGENCE IN PLANNING, PRODUCTION, OR PLACEMENT BY THE CONTRACTOR.

1.5 Rolling shall begin at the sides and proceed longitudinally parallel with the center of the pavement, each trip overlapping at least 6 inches, gradually progressing to the crown of the pavement. When abutting a previously placed lane, rolling shall begin at the outside unconfined side and proceed toward the previously placed lane. On superelevated curves, rolling shall begin at the low side and proceed to the high side by overlapping of longitudinal trips parallel with the centerline.

1.6 Where irregularities in the existing surface will result in a course more than THREE (3") inches in thickness after compaction, the surface shall be brought to a uniform profile by patching with asphalt concrete and thoroughly tamping or rolling until it conforms with the surrounding surface. The mixture used shall be the same as that specified for the course to be placed.
When the Contractor elects to conduct operations to eliminate depressions, elevate curves, and place the surface course simultaneously, he shall furnish such additional spreading and compacting equipment as required to maintain the proper interval between the operations.

1.7 When the surface of the existing pavement or base is irregular, it shall be brought to a uniform grade and cross section as directed by the Engineer. The surface on which the asphalt concrete is to be applied shall be prepared in accordance with the requirements of the applicable specifications and shall be graded and compacted to the required profile and cross section.

1.8 When specified, prior to placement of asphalt concrete, longitudinal and transverse joints and cracks shall be sealed by the application of an approved joint sealing compound.

1.9 Contact surfaces of curbing, gutters, manholes, and other structures projecting into or abutting the pavement and cold joints of asphalt shall be painted with a thick, uniform coating of asphalt prior to placement of asphalt mixture.

1.10 all asphalt patching shall be the entire width of the road for length and section as identified by the inspector and county road engineer.

1.11 A tack or prime coat of asphalt will not be required for projects less than 150 tons. However a tack coat or prime coat will be required as specified below for projects greater than 150 tons and shall conform to the applicable requirements of Section 310 and Section 311 of the Specifications. Asphalt classed as cutbacks or emulsions shall be applied ahead of the paving operations, and the time interval between applying and placing the paving mixture shall be sufficient to ensure a tacky residue providing maximum adhesion of the paving mixture to the base. The mixture shall not be placed on tack or prime coats that have been damaged by traffic or contaminated by foreign material. Traffic shall be excluded from such sections.

1.12 Application of tack at joints, adjacent to curbs, gutters, or other appurtenances, shall be applied with a hand wand or with spray bar at the rate of 0.2 gallon per square yard. At joints, the tack applied by the hand wand or a spray bar shall be 2 feet in width with 4 to 6 inches protruding beyond the joint for the first pass. Tack for the adjacent pass shall completely cover the vertical face of the mat edge, so that slight puddling of asphalt occurs at the joint, and extend a minimum of 1 foot into the lane to be paved.

1.13 Milled faces that are to remain in place shall be tacked in the same way for the adjacent pass. Use of tack at the vertical faces of longitudinal joints will not be required when paving in echelon.On rich sections or those that have been repaired by the extensive use of asphalt patching mixtures, the tack coat shall be eliminated when directed by the Engineer.

1.14 Tack shall not be required atop asphalt stabilized open-graded material drainage layers.

1.15 Tack shall be applied between the existing asphalt surface and each asphalt course placed thereafter.

1.16 TACK SHALL BE INCLUDED IN UNIT COST PER LAY DOWN TON OF ALL HOT MIX ASPHALT MIX DESIGNATIONS.



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Monday, March 19, 2018
Event Title: Invitation to Bid
Monday, March 19, 2018

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 at 4447 Slate Creek Road, 3rd Floor, 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 10:00 a.m., Thursday, March 29th, 2018.

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 <

Any vendor that would like to submit a bid on this project, and has questions, or would like to view the project may contact Kenneth Ratliff at 276-935-6587 or 276-365-6294.

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 10:00 a.m. Thursday, March 29th, 2018.

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
Monday, March 19, 2018

CONTRACT


THIS AGREEMENT, made and entered into this the_______ day of____________, 2018, 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 the replacement and redesign of complete air duct system for the County Building at 1051 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 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 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 $100.00 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 _______________, 2018, 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 _________________, 2018, 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 _____________, 2018, in Buchanan County, Virginia.

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







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Event Title: INVITATION TO BID
Monday, March 19, 2018
INVITATION TO BID
RE: ASBESTOS REMOVAL AND DEMOLITION OF
THE EARL HAROLD MCCOY PROPERTY, HURLEY, VA.

The Buchanan County, Va., Board of Supervisors is requesting bids for asbestos removal and demolition and disposal of the Earl Harold McCoy abandoned structure property, Hurley, Va.(located in Roseann, Va.) The purpose of the asbestos removal monitoring services is to assure that the Contractor performing the asbestos removal work complies with all local, state, and federal laws in regard to asbestos removal and abatement as part of the demolition and removal of the abandoned structure.

BID SUBMISSION

Sealed bids will be received at the County Administrator's Office for Buchanan County, Virginia, located on the Third Floor of the Courthouse, located at 4447 Slate Creek Road, Grundy, Virginia until 10:00 a.m. Thursday, March 29th, 2018. Bids should 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 Courthouse, 4447 Slate Creek Road, Grundy, VA 24614. ALL BIDS SHOULD BE MARKED AS A BID FOR THE ASBESTOS REMOVAL AND DEMOLITION AND REMOVAL OF THE EARL HAROLD MCCOY PROPERTY".


SCOPE OF SERVICES

Asbestos removal and demolition and removal of all debris of the abandoned structure owned by Earl Harold McCoy. All non-asbestos material must be taken to the Buchanan County Transfer station for disposal. Abate the asbestos prior to the demolition and disposal. It is the County's intention is that contractor selected and awarded this job will abate and remove the asbestos as identified in the Asbestos Study report prepared by Cardno, Inc. dated September 18th, 2017, a copy of which is incorporated by reference and made a part of this Invitation To Bid.

The demolition and disposal will be as per the asbestos study performed by Cardno, Inc. regarding the property owned by Earl Harold McCoy located in the Knox Magisterial District.

EXHIBIT A - Limited Asbestos and Lead-Based Paint Surveys



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 and have established experience and reliability in providing asbestos removal monitoring services for demolition projects that meet the requirements and standards of EPA NESHAP and the Commonwealth of Virginia regulations. The successful bidder must have all current licensure required to engage in asbestos abatement, removal and disposal activities. The successful bidder must be able to provide accredited and certified inspectors for monitoring asbestos removal so that all applicable local, state and federal laws are complied with in regard to the proper removal of asbestos.

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.


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
Monday, March 19, 2018

CONTRACT

THIS AGREEMENT, made and entered into this the_______ day of____________, 2018, by and between, ___________________________________, party of the first part; hereinafter sometimes referred to as "Contractor," and Buchanan County, Virginia, a political subdivision of the Commonwealth of Virginia, interested party hereto, hereinafter referred to as "County".

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 perform the following work pursuant to the recommendations and findings of the Asbestos Study, dated August 30th, 2017 completed by Cardno, Inc. so to provide Asbestos Removal Monitoring Services and the removal and abatement of the asbestos and a final Summary Report of said monitoring, removal and demolition services in regards to the Earl Harold McCoy Property located at 1252 Roseann Road, Grundy, Virginia 24614:

a) Provide a full time Virginia licensed asbestos project monitor for the oversight of the removal of asbestos during the demolition of the Earl Harold McCoy property in accordance with the Virginia Department of Professional and Occupational Regulation (DPOR), EPA and NESHAP regulations; and
b) Said licensed asbestos project monitor to provide daily phase Contrast microscopy (PCM) ambient air monitoring services; and
c) Said licensed asbestos project monitor to collect PCM ambient air samples to support asbestos abatement activities. Ambient samples shall be compared to EPA building asbestos clearance for limit of .0.01 fibers/cubic centimeter (f/cc); and
d) Said licensed asbestos project monitor will inspect containment, ensure adherence to the specifications, observe work practices, and take environmental and final clearance samples; and
e) Said licensed asbestos project monitor to perform final visual inspections of the
abatement areas where asbestos containing materials were removed and areas
where debris or contamination could have accumulated; and
f) Environmental and final clearance asbestos samples will be analyzed (on-site)
by phase contract microscopy (PCM); and
g) Within 10 days of the project conclusion, _______will provide a project summary
inclusive of daily log notes, air sampling results, and copies of project monitoring
licenses; and
h) Provide that all monitoring services referenced herein are conducted in full
compliance with all applicable federal, state and local laws; and
i) Provide all labor, transportation and materials necessary to conduct and complete monitoring and report services included herein.
j) The Asbestos Study dated August 30th, 2017 completed by Cardno, Inc. is attached and made a part of this contract by reference as Exhibit "A".
k) The Contractor agrees to demolish that structure which contains asbestos and to remove the debris from such demolition from the site and to dispose of such debris in a lawful manner pursuant to the requirements set forth in the Invitation to Bid. Specifically, all non-asbestos debris shall be disposed of at the Buchanan County, Virginia Transfer Station located on Keen Mountain, Buchanan County, Virginia. All asbestos materials and debris not accepted at the Buchanan County Transfer Station must be disposed of according to law.

I.


The Contractor shall, at his own cost and expense, procure and maintain insurance required under the Virginia Workers, Compensations Act as well as 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 Bart Chambers, Building Code Official, Buchanan County, Va. The Contractor guarantees the work performed by any sub-contractors under this Agreement and further agrees to notify the designated County Building Code Official at least 24 hours before commencing work hereunder. The Contractor understands that time 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.


III.


Contract bid price is ___________________________________________________.


IV.


A. Contractor shall submit an Application for one Lump Sum Payment in the amount of the Contract Price, on or before the15th 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 pursuant to this agreement has been performed as determined by the County Building Code Office according to accepted practices in the industry. 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's designated Inspector 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.


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

V.


The Contractor shall indemnify and save harmless Buchanan County, and their 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.


VI.


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 County 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, 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's 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.




VII.


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.

VIII.


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.

IX.

X: NON-DISCRIMINATION/DRUG -FREE WORKPLACE
During the performance of this Agreement, the Contractor agrees as follows:

1.a. 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.
b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.
c. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section.
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.

2. The Contractor will include the provisions of the foregoing paragraphs a, b, c and d in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor.

3. During the performance of this contract, the Contractor will:
a. Provide a drug-free workplace for the Contractor's employees;
b. 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;
c. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and

d. 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.

4. In the event of the Contractor's noncompliance with this section of this Contract, (Section X), 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.


X.

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.


XI.

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 provisions of this Agreement have been complied with strictly and prior approval is received by the Buchanan County Va., Board of Supervisors and/or such modification is permitted pursuant to the provisions of Va. Code section 2.2-4309.



XII.

Not 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, Va. Board of Supervisors and/or such modification is permitted pursuant to the provisions of Va. Code section 2.2-4309.

XIII.


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.


XIV.


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.
XV.

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.

XVI.

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 NEXT TWO PAGES.

WITNESS
the following signatures and seals:

BUCHANAN COUNTY

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

_______________________________
Robert C. Horn, County Administrator
For Buchanan County, Virginia

APPROVED AS TO FORM ONLY:

______________________________________
Lawrence L. Moise III, Assistant County Attorney

COMMONWEALTH OF VIRGINIA,
AT LARGE, to
wit:

The foregoing contract was subscribed and acknowledged before me by J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors, Robert C. Horn, County Administrator and Lawrence L. Moise III, County Attorney this the ____day of _____________2018 in Buchanan County, Va.

_______________________________
NOTARY PUBLIC

My Commission expires: ________________.
My registration # is ____________.

CONTRACTOR:


BY: _________________________________________

COMMONWEALTH OF VIRGINIA,

AT LARGE, to-with:

The foregoing contract was subscribed, and acknowledged before me, by _______________________, with ______________________________this the_________ day of _______________, 2018 in ___________________, Virginia.


________________________________
NOTARY PUBLIC
My Commission expires: ______________.
My registration # is _________________.



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