845055towerLouis.pdf

COUNTY OF LOUISA, VIRGINIA

INVITATION FOR BID (IFB)

FOR

DEMOLITION AND REMOVAL SERVICES OF LOUISA

COUNTY BROADBAND TOWERS

IFB# IT-27-01

AUGUST 31, 2026

INVITATION FOR BID

(IFB)

Issue Date: August 31, 2026 IFB# IT-27-01

Title: Demolition and Removal of Louisa County Broadband Towers

Issuing Agency: County of Louisa, Virginia

Attn: Sam Massie

1 Woolfolk Avenue, Suite 304

Louisa, VA 23093

Location Where Work Will Be Performed: County of Louisa, Virginia

Period of Contract: From TBD Through TBD

Renewable: N/A

Sealed Bids Will Be Received Until: September 30, 2026 @ 3:30 p.m. local prevailing time

Direct All Inquiries for Information To: Sam Massie, Purchasing Coordinator

1 Woolfolk Avenue

Suite 304

Louisa, VA 23093

(540) 967-3404 smassie@louisacounty.gov

IF BIDS ARE MAILED, SEND DIRECTLY TO ISSUING AGENCY SHOWN ABOVE. IF BIDS ARE

HAND DELIVERED, DELIVER TO:

County of Louisa

Louisa County Administration Building

Attn: Sam Massie

Finance Department, 2nd Floor

1 Woolfolk Avenue

Suite 304

Louisa, Virginia 23093

PRE-BID CONFERENCE: An optional pre-bid conference will be held on Tuesday, September 8, 2026 at 10:00 am with a cut-off time of 10:05 am at the Louisa County Administration Building located at 1 Woolfolk Avenue, Louisa, Virginia 23093. If special ADA accommodations are needed, please contact Sam Massie at

(540) 967-3404 by September 4, 2026.

Note: This public body does not discriminate against faith-based organizations in accordance with the

Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

INVITATION FOR BID TITLE PAGE

INVITATION NUMBER: IT-27-01 ISSUE DATE: 8/31/2026

TITLE: Demolition and Removal of Louisa County Broadband Towers

In compliance with this Invitation for Bid and to all the conditions imposed herein, by signing below, Bidder:

(1) Offers and agrees to furnish the goods/services in accordance with the attached signed bid;

(2) Agrees that upon Louisa County’s written acceptance of Bidder’s response to the Invitation to Bid, a valid and binding contract for services exists between Bidder and Louisa County;

(3) Agrees that the Contract Documents will consist of, and only of, the Invitation for Bid, the County of

Louisa, Virginia Master Contract General Conditions Agreement and Bidder’s response to the Invitation for

Bid;

(4) Certifies and warrants that the individual signing on Bidder’s behalf is authorized to bind the Bidder in any and all contractual matters relating to this Invitation for Bid;

(5) Certifies and warrants that neither Bidder, nor the individual signing on Bidder’s behalf, has any business or personal relationships with any other persons, including Louisa County employees, or companies that are in conflict with the Commonwealth of Virginia’s Conflict of Interest Act, or the County of Louisa, Virginia

Master Contract General Conditions Agreement; and,

(6) Certifies and warrants that the Bidder is properly licensed for providing the goods/services specified in the

Invitation for Bid and has the appropriate License or Certificate and classification(s) required to perform the work included in the scope of the bid documents, prior to submitting the bid, in accordance with Title 54.1, Chapter 11 of the Code of Virginia. If a bidder shall fail to obtain the required license prior to submission of his bid, he shall be deemed to be in violation of § 54.1-1115 of the Code of Virginia (1950), as amended, and his bid will not be considered.

Sign in ink and type or print requested information.

Legal Name and Address of Firm:

Date:

By:

(Signature)

Name:

FEI/FIN/SSN: (Please Print)

Fax Number: Title:

E-mail Address: Telephone Number:

Please provide the following if applicable to this IFB:

Virginia Contractor License # SCC ID #

Bidder shall ascertain prior to submitting a response that all Addenda issued have been received and shall acknowledge receipt and inclusion of all Addenda here:

Addendum #: Date Issued:

Information the Bidder deems Proprietary is included in this response in the separate section of the bid identified immediately below.

This Title Page MUST be Submitted as Part of your Bid

TABLE OF CONTENTS FOR IFB # IT-27-01

PAGE

I. PURPOSE

II. STATEMENT OF NEEDS/SCOPE OF SERVICES

III. BIDDER’S INSTRUCTION

IV. METHOD OF SELECTION

V. COUNTY OF LOUISA, VIRGINIA

MASTER CONTRACT GENERAL CONDITIONS AGREEMENT

VI. BID PRICE SHEET

VII. CERTIFICATION OF CONTRACTOR

I. PURPOSE:

The County of Louisa invites bids from qualified firms to provide tower demolition and removal services for the broadband towers located at Louisa County High School, Gammon Town Road, Trevilians

Elementary School, and Moss Nuckols Elementary School.

II. STATEMENT OF NEEDS/ SCOPE OF SERVICES:

A. County of Louisa Contract Manager or Designee

County of Louisa Construction Manager will be available Monday through Friday, 8:30 a.m. to 5 p.m.

The Manager or designee is/are the only person(s) authorized by the County of Louisa to request work of the Contractor. From time to time, the County of Louisa may change the Construction Manager or designee. The Contractor will be notified in writing when there is a change in the Construction Manager or designee.

B. Work Location

ADDRESS COORDINATES TOWER TYPE HEIGHT (FT)

Louisa County High

School

38.01596349030066, -77.92635542185431 Self Supporting Lattice 120 Feet

Gamon Town Road 37.82122479024305, -77.85183097458503 Self Supporting Lattice 180 Feet

Trevilians Elementary

School

38.07688399970901, -78.10194807504914 Guyed 180 Feet

Moss Nuckols

Elementary School

37.95797905965833, -78.08978959764178 Guyed 180 Feet

C. Schedule

1. The Contractor shall submit the Schedule of Work within seven (7) calendar days upon execution of the Contract for review and approval by the County of Louisa.

Contractor shall submit both a safety plan and deconstruction plan for each tower site including working areas and safety measures that will be installed to keep unauthorized persons out of the work area, including how contractors plan to demo the towers step by step and what equipment they will utilize (crane, helicopter, etc.) It shall be required that the County must approve the deconstruction plans and safety plans for each tower site before work begins.

2. The Contractor shall commence tower demolition and removal work on the date provided on the

Notice to Proceed (NTP) by the County of Louisa. The Contractor shall complete the work within ninety (90) calendar days from the date of notification of the Notice to Proceed unless otherwise specified by the County of Louisa.

3. Should the Contractor be obstructed or delayed in the beginning, continuation, or completion of the work by inclement weather or by any necessary or unavoidable act or delay of the County of

Louisa, or by riot, insurrections, war, pestilence, acts of public authorities, fire, lightning, earthquake, cyclone, or through the default of other parties under Contract; and if, in the opinion of the County of Louisa, the ultimate completion of the entire work under this Contract is delayed thereby, then the time fixed for the completion of all work under contract shall be extended for a period equivalent to the time the work is delayed by such means.

D. Hours and Days of Service

Hours of services shall be primarily available during normal business hours, which is 8:30 a.m. to 5 p.m. Monday through Friday, except County observed holidays, unless otherwise agreed upon between

Contractor and the County of Louisa.

Holidays Observed by the County of Louisa are as follows:

New Year's Day

Martin Luther King, Jr. Day

Presidents' Day

Memorial Day

Juneteenth

Independence Day

Labor Day

Columbus Day & Yorktown Victory Day

Veterans Day

Thanksgiving Day

Day after Thanksgiving

Christmas Day

In any event the Contractor deems necessary to perform work at night or on a Saturday, Sunday, or holiday, the Contractor shall notify the County of Louisa of such intention at least 24 hours in advance.

E. Change Orders

1. No additional work shall be performed without an approved Change Order.

2. Any work authorized by a Change Order, shall commence on the date prescribed on the Change

Order and shall be completed within ninety (90) calendar days from the Change Order prescribed start date unless otherwise specified by the County of Louisa.

3. All additional work provided herein shall commence on the specified date on the Change Order.

The Contractor shall proceed diligently to complete said work within the time allotted.

F. Subcontracting

The County of Louisa will consider all subcontractors to be agents of the Contractor, and the

Contractor shall be held responsible for their work.

G. Work Description

The Contractor shall provide radio tower demolition and removal services as follows:

1. Louisa County High School

a. The radio tower to be removed is a 120-foot tall, 3-legged self-supported steel lattice tower, with 3 reinforced concrete foundation footings.

b. Facilitate the removal of the tower while in compliance with all applicable codes, regulations, laws, measures, agreements, and safety requirements.

c. The County owns communication cabinet at the base of the tower, and intends to leave it in place to continue using the in-ground fiber. The tower would need to be disconnected from the communication cabinet. Remove (if needed), realign, reinstall, chain-link fence around communication cabinet.

d. The contractor is responsible for bringing in fill to return the land to a flush even grade if there is not enough soil available onsite to do so.

2. Gamon Town Road

a. The radio tower to be removed is a 180-foot tall, 3-legged self-supported steel lattice tower, with 3 reinforced concrete foundation footings.

c. The contractor is responsible for bringing in fill to return the land to a flush even grade if

3. Trevilians Elementary School

a. The radio tower to be removed is a 180-foot tall, 3 guyed wire supported steel lattice tower, with 1 reinforced concrete foundation footing, and 3 concrete anchor blocks.

c. Chain link fence around tower and guyed wire anchor blocks will be removed.

d. The contractor is responsible for bringing in fill to return the land to a flush even grade if

4. Moss Nuckols Elementary School

a. The radio tower to be removed is a 180-foot tall, 3 guyed wire supported steel lattice tower, with 1 reinforced concrete foundation footing, and 3 concrete anchor blocks.

c. The County owns communication cabinet at the base of the tower, and intends to leave it in place to continue using the in-ground fiber. The tower would need to be disconnected from the communication cabinet. Remove (if needed), realign, reinstall, chain-link fence around communication cabinet.

d. Chain link fence around guyed wire anchor blocks will be removed.

e. The contractor is responsible for bringing in fill to return the land to a flush even grade if

f. The tower site perimeter fencing removed as part of the project is to be removed only after the County approves, and the designated County representative must inspect the site to ensure the tower, guywire, and all other structures set to be demolished, have adequately been removed from the site before the site fencing is removed.

H. Demolition and Removal

The Contractor shall:

1. Contact VA 811 (Miss Utility of Virginia) and ensuring all existing utilities are protected during deconstruction. Contractor is responsible for any rehabilitation and repair costs for utilities damaged as part of this project, including damage to the County owned fiber lines that connect to the communications cabinets that are to remain.

2. Verify that all electrical and telecommunication wires and connections are disconnected from the tower to any other infrastructure onsite before beginning any work.

3. Remove any trees, brush, or clear any area in order to access the site with equipment for deconstruction. All clearing shall be incidental to the Contract.

4. Keep operational a light that is approved by all proper authorities (including but not limited to the FAA) at the top of the highest point of the tower throughout the deconstruction process to keep in compliance with warning approaching aircraft of the danger.

5. Disassemble steel members of the towers, and any of its appurtenances such as guyed wires, antennas, mounts, transmission lines.

Deconstruction should occur inside the tower’s sites permitter fencing. Should the area inside the fencing not be sufficient, the contractor must install temporary metal construction fencing around the additional area needed for demolition or any project work, as to keep all unauthorized personal from the demo/possible debris fall zone.

6. Remove any related hardware such as connected cable tray and cabling.

7. Excavate, break up, load, and haul away the subsurface reinforced concrete structure to a minimum depth of three (3) feet.

8. Backfill, compact, and restore topsoil to existing grade.

9. Export all removed materials from the site dispose/recycle in a licensed landfill or a permitted waste management facility. Contractor must provide disposal tickets, recycle tickets for all materials removed from the site, if so requested.

10. Seed, straw, lime and fertilize any areas disturbed as part of this project. Contractor also shall repair and grade driveways if damaged from construction.

11. Contractors shall also identify the fall radius around the tower as well as what days they plan on lowering or taking loose sections so we can notify the schools to keep parts or pieces (nuts, bolts, etc.) that may accidentally fall and be carried by the wind towards the schools.

Please coordinate with the schools on these days, to keep the kids indoors to mitigate any risk.

I. Site Access

The broadband tower is presumed to be so situated as to be reasonably accessible to the Contractor and allow the use of the conventional equipment, machinery, tools of the trade, and hand crews, if necessary.

The Contractor is solely responsible for furnishing transportation for its personnel and equipment to and from the jobsite and for travel around the jobsite.

J. Equipment

All equipment necessary for work performance shall be provided, stored, transported, and maintained by the Contractor. All such equipment shall be operational, in good working order, mechanically sound, and licensed with current registration, if applicable. All equipment shall be operated by licensed operators. In the event a crane is to be used, a crane pick-plan is required for review and approval by the County of Louisa.

K. Utilities

Power usage shall be provided by Contractor.

L. Storage

The County of Louisa will not provide storage facilities for the Contractor. The County of Louisa will not be liable or responsible for any damage, by whatever means, and/or for theft of materials or equipment from the site. Site security is the responsibility of the Contractor.

M. Staging

1. Keep access paths, premises, adjacent properties, and public properties free from accumulation of waste materials and rubbish.

2. Provide on-site containers for collection of waste materials, debris, and rubbish.

3. Upon completion of the work at the site, Contractor shall remove all its tools, materials, and articles from the site.

N. Cleanup

1. All equipment and temporary construction used in this Contract shall be removed from the project site. The demolition site and all spaces used by the Contractor shall be left in a neat and clean condition.

2. Cleanup of property shall conform to regulations set forth (if applicable):

• Louisa County Code of Ordinances

O. Grading

1. Backfilling of excavation shall be returned to original grade.

2. All fill and backfill materials shall be compacted to 90% (95% granular) of relative. Compaction shall be in accordance with the Code of Virginia.

3. Backfilling of excavation shall be performed in a way that will prevent ponding of surface water and will not materially affect the natural drainage pattern of the premises.

P. Permits and Compliance

1. Obtain all necessary permits which include, but is not limited to, tower/foundation demolition, transport, disposal, and recycle.

2. Pay for all permits.

3. Obtain and maintain in good standing all necessary City, County, and State permits or licenses for its operations, facilities, equipment, and operators.

4. For Permits that will be needed from the County of Lousia Building Department, the Contractor is responsible for applying for, providing necessary information to get the permits, but the County will waive the permit fees for said permits. This fee waiver will only apply to permits from the

County of Louisa Building Department not federal or state required permits.

Q. Safety Requirements

1. In the performance of this Contract, precaution shall be exercised by the Contractor at all times for the protection of persons (including employees) and property.

2. The Contractor shall be solely responsible for ensuring that all work performed under this Contract is performed in strict compliance with all applicable Virginia Occupational Safety and Health

(VOSH) Program, Federal, State, and local occupational safety regulations. The Contractor shall provide all safeguards, safety devices, and protective equipment, and take any other needed actions on its own volition or as the County of Louisa may determine to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by this Contract.

3. All Contractor's operators shall be expected to observe all applicable State of Virginia and OSHA safety requirements while onsite.

4. Hard hats will be worn at all times. Fall protection gear must be worn. Suitable clothing, gloves, and shoes that meet OSHA requirements are required.

5. The Contractor's operators, subcontractors, and employees shall wear adequate eye, face, hearing, respiratory, and foot protection as prescribed by OSHA and brightly colored clothing when exposed to traffic hazards.

6. The Contractor shall provide permanent or temporary protective measures for people and property, that are required by applicable statutes, ordinances, and/or regulations, against potential onsite hazards, which include, but is not limited to, falling objects, and open excavations.

T. Contractor/Subcontractor Qualifications

1. Have a minimum of five (5) years of experience within the last ten (10) years providing tower demolition services. This requirement must be held by the Contractor and Subcontractor(s).

2. Possess a valid State of Virginia Contractor License.

3. Ensure its subcontractor(s), if any, hold a valid and active State of Virginia Contractor License.

U. Contractor Responsibilities

1. Within five (5) days of NTP issuance to Contractor to commence work, provide Method of

Procedure (MOP) to the County of Louisa, for review and approval, which outlines the steps and tasks required to complete the project, which includes, but is not limited to, equipment to be used, contacts, planned access routes, planned staging area.

2. Prior to commencement, create a photographic history record of the site, and provide such record to the Construction Manager.

3. Report any damage observed to the site, such as broken or cut fence; broken gate locks; removed or damaged metal screens, etc. and provide photos when possible.

4. Building Regulations - Carry out all building regulations, laws, and ordinances, though such requirements are not specifically mentioned in this Contract.

5. Defective Work - Correct any imperfect work whenever discovered before the County of Louisa’s final acceptance. No work that is deficient shall be considered as accepted in the consequence of the failure of any employee of the County of Louisa to point out said deficiencies or to order them corrected during performance of the work.

6. Repair of Damage - Repair, at Contractor's expense, any damage caused by the Contractor outside the scope of the required demolition and/or cleanup. Restore the damaged areas or surfaces to a condition equal to and matching the condition existing before the damage by the repair of existing work or by replacement of damaged materials with new materials as necessary for property restoration.

7. General Supervision - At all times keep a knowledgeable general supervisor on the project site who shall be authorized by the Contractor to execute this Contract's requirements and who shall have the ability to organize the work, and the work of subcontractor(s), if any, to attain complete cooperation, and minimize delays.

8. Provide daily report to reflect site activities/demolition/cleanup progress.

V. Methods and Application

The Contractor is solely responsible for their means and methods of work performed.

W. Final Inspection

Upon the completion of the work specified by this Contract, the Contractor shall notify the County of

Louisa when the Contractor desires a final inspection of the work. The County of Louisa signee will make such requested inspection as soon as possible thereafter. Contractor shall generate a list of punch items for review and approval by the County of Louisa, and Contractor has seven (7) calendar days to resolve any issues/comments included in the approved punch list.

X. Retainage

5% of each progress bill will be held cumulatively until all permits have been completed/closed and the job has been deemed in “Final Completion” by County Representative, at which point the Contractor will submit the final invoice for the held retainage.

III. BIDDER’S INSTRUCTION:

A. BID PREPARATION:

1. An optional pre-bid conference will be held on Tuesday, September 8, 2026 at 10:00 am with a cut-off time of 10:05 am at the Louisa County Administration Building located at 1

Woolfolk Avenue, Louisa, Virginia 23093.

2. Bidders may submit any questions or requests for additional information regarding the project in written format by September 15, 2026. All questions shall be directed to Sam

Massie at smassie@louisacounty.gov or via fax at (540) 967-3439. A formal clarification will be sent out in writing on September 22, 2026, to all known potential bidders.

3. The Bidder must submit a bid, which demonstrates and provides evidence that the Bidder has the capabilities, professional expertise, and experience to provide the necessary services as described in this IFB. The Bidder shall ensure that all information required herein is submitted with the bid. All information provided should be verifiable by documentation requested by the County of Louisa. Failure to provide all information, inaccuracy or misstatement may be sufficient cause for rejection of the bid or rescission of an award.

4. Bids shall be signed by the authorized representative of the Bidder.

5. Bids should be prepared simply and economically, providing a straightforward, concise, detailed description of capabilities to satisfy the requirements of the IFB.

mailto:smassie@louisacounty.gov

6. All expenses for making Bids to the County shall be incurred by the Bidder.

7. Bidder must be authorized to transact business in Virginia as a domestic or foreign business entity as required by the State Corporation Commission, if such is required by law. Such status shall be maintained during the term of a contract. A contract entered into by a business in violation of the requirements is voidable at the option of the public body.

B. BID SUBMISSION: The following documents must be received in our office via hard copy no later than the closing date and time stated below:

If submitting through eVA, the Virginia e-procurement website, an electronic copy is acceptable.

1. Signed original of the completed Invitation for Bid Title Page

2. Signed Appendix A “County of Louisa, Virginia Master Contract General Conditions

Agreement.”

3. Completed Appendix B “Bid Price Sheet.”

4. PERFORMANCE AND PAYMENT BONDS: The successful bidder shall deliver to the purchasing office executed Performance and Payment Bonds, each in the sum of the contract amount, with the County of Louisa as obligee. The surety shall be a surety company or companies approved by the State Corporation Commission to transact business in the

Commonwealth of Virginia. No payment shall be due and payable to the contractor, even if the contract has been performed in whole or in part, until the bonds have been delivered to and approved by the purchasing office.

5. A list of client references of similar service contracts, including at least three (3) customers.

These references must include name, address, and telephone number.

6. If substitutions are made to specific component items identified in this IFB, the Bidder shall clearly indicate exception being taken. Exceptions to the bid must be clearly identified, and reasons for the exception clearly stated. Information concerning the items substituted must present clear evidence that the component specified is improper or unnecessary for the intended use, and/or the substituted component is equal or better than that specified by the

County.

7. A copy of any applicable Federal, State, or Local license required to legally perform the service, or sell the goods specified in the IFB shall be attached to the bid.

8. A certificate of insurance for all required coverages endorsing the County of Louisa to the insurance policy as an additional insured.

9. Bidders are reminded that changes to the IFB, in the form of addenda, are often issued between the issue date and within 5 days of the due date of the solicitation. All addenda must be acknowledged on the IFB Title Page. Notice of addenda will be posted on eVA and on the County of Louisa procurement page https://www.louisacounty.gov/Bids.aspx. It is the bidder’s responsibility to monitor the webpage for the most current addenda.

https://www.louisacounty.gov/Bids.aspx

10. If submitting electronically through eVA, One (1) electronic document in WORD format or searchable PDF of the entire bid as one document, INCLUDING ALL ATTACHMENTS must be uploaded through the eVA online submission portal.

11. Should the proposal contain proprietary information, provide one (1) redacted electronic copy of the bid and attachments with proprietary portions removed or blacked out. This redacted copy should follow the same upload procedures as described on item III. B. of this

RFP. This redacted copy should be clearly marked “Redacted Copy” within the name of the document. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable. Louisa County shall not be responsible for the Contractor’s failure to exclude proprietary information from this redacted copy.

The Bid Form, the bid security, if any, and any other documents required, shall be enclosed in a sealed opaque envelope. Any notation or notations on the exterior of the envelope purporting to alter, amend, modify, or revise the bid contained within the envelope shall be of no effect and shall be disregarded.

The IFB number and closing date must be clearly marked on the outside of the sealed envelope. Each sealed envelope containing a Bid must be plainly marked on the outside as follows:

1. Demolition and Removal of Louisa County Broadband Towers

2. IFB# IT-27-01

3. Name of the Bidder

4. Address of the Bidder

5. Due Date and Time: 09/30/26 @ 3:30 p.m.

6. A Statement reading “This container is not to be opened prior to the Bid Opening.”

Should any Bid be received which is not so identified, the bidder assumes the risk that the submission will be opened prior to the Bid Opening. Bids so opened shall be disqualified.

This solicitation will close on Wednesday, September 30, 2026 at 3:30 p.m., local time prevailing.

Return the bid to:

Mail to: (US Mail) or Hand Delivery (FEDEX, UPS, etc.)

County of Louisa County of Louisa

1 Woolfolk Avenue Louisa County Administration Building

Suite 304 Finance Department, 2nd Floor

Louisa, VA 23093 1 Woolfolk Avenue

Attn: Sam Massie Suite 304

(540) 967-3404 Louisa, VA 23093

Attn: Sam Massie

C. SUBMISSION OF PROPRIETARY INFORMATION: All information submitted to the

County in response to this solicitation will constitute public information and will be available to the public for inspection upon request pursuant to the Virginia Freedom of Information Act

(FOIA).

Pursuant to Virginia Code Section 2.2-4342 and County of Louisa Code Section 60-24, a

Bidder/Offeror may request an exception to disclosure for trade secrets or proprietary information as such is defined under Virginia Code Section 59.1-336, part of the Uniform Trade

Secrets Act.

In order to claim this exemption, the Bidder/Offeror shall perform ALL of the following: (i) include a written request indicating Bidder/Offeror’s desire to invoke the protections of Virginia

Code Section 2.2-4342 with submitted proposal materials/data; (ii) specifically identify the data or other materials to be protected by clearly labeling each page containing applicable data as

PROPRIETARY; and (iii) to the County’s satisfaction, articulate the rationale for why protection for the particular data or materials is necessary. The classification of an entire bid or proposal document, line item prices and/or total bid or proposal prices as proprietary or trade secrets is not acceptable.

Without waiving sovereign immunity or any other available defenses, the County asserts that failure to meet all of these requirements will result in the data or materials being open for inspection in response to a valid inquiry under FOIA and will serve to waive any right of the

Bidder/Offeror to assert a claim against the County for disclosure of trade secrets or proprietary information.

Bidder/Offeror shall be responsible for intervening and defending, at its expense, any demands made upon the County by third parties for production of any such items.

D. RECEIPT OF BIDS/LATE BIDS: It is the Bidders responsibility to ensure that his/her bid is received prior to or at the specific time and the place designated in the solicitation. Bids received after the date and time specified shall not be considered.

Bids will be opened at the time and place stated in the advertisement, and their contents made public for the information of bidders and others interested who may be present either in person or by representative. The County personnel whose duty it is to open the bids will decide when the specified time has arrived.

Bids shall be addressed as indicated in the Advertisement for Bids and shall be delivered, enclosed in a sealed envelope, marked "Bid" and bearing the title of the work, name of the bidder, and the contractor’s license number of the bidder. Bidders shall clearly mark on the outside of the bid envelope which contract(s) they are bidding.

No responsibility will be attached to any County personnel for the premature opening of a bid not properly addressed and identified on the outside of a sealed envelope.

IV. METHOD OF SELECTION:

After the Sealed Bids have been opened, the County shall prepare a list of those contractors who have submitted bids and met the qualifications listed in this offering. Award shall be given based on the lowest responsive and responsible bidder. In case of arithmetic errors, the unit price will govern. The County of Louisa may cancel this IFB in whole or in part or reject any or all bids at any time prior to award. Should the County determine that a bidder is not qualified; the bidder shall be notified in writing of that determination and the reason. The award document will be a contract incorporating by reference all requirements, terms, and conditions of the solicitation of this offer.

This contract may be awarded in whole or in part, based on the pricing provided.

The County reserves the right to evaluate any sources of information available.

V. COUNTY OF LOUISA MASTER CONTRACT GENERAL CONDITIONS AGREEMENT

See Appendix A. Louisa County does not accept changes to the County of Louisa, Virginia Master Contract General Conditions Agreement, and any attempt by the Bidder to make such changes is in itself reason for a bid to be declared as non-responsive to the IFB and rejected by the County.

VI. BID PRICE SHEET

See Appendix B.

VII. CERTIFICATION OF CONTRACTOR

See Appendix C.

Appendix A

COUNTY OF LOUISA, VIRGINIA

MASTER CONTRACT

GENERAL CONDITIONS AGREEMENT

CONTRACTOR:

DATE:

MASTER CONTRACT GENERAL CONDITIONS AGREEMENT

THIS MASTER CONTRACT GENERAL CONDITIONS AGREEMENT (the “Master

Agreement”), made and entered into this ____day of _______________, by and between THE COUNTY

OF LOUISA, a Local Governmental Agency (of which entities shall hereinafter be referred to as “Owner”) and __________________________, a ________________corporation/partnership/ sole proprietorship

[strike through what does not apply] (hereinafter referred to as “Contractor”).

WITNESSETH:

WHEREAS, either entity referred to as Owner may from time to time contract with third parties to perform certain construction work and furnish certain materials (the “Work”) on various projects (the

“Project(s)”); and

WHEREAS, the applicable Owner may engage Contractor to perform a portion of the Work under such contracts entered into by it; and

WHEREAS, the parties hereto desire to enter into this Master Agreement to set forth the general conditions of contracts between them for Projects in order to expedite the contracting process at the time of future Projects.

NOW THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby confirmed, the parties hereto agree as follows:

GENERAL

1. This Master Agreement shall only be given effect with regard to a particular contract between Contractor and one of the entities referred to as Owner if it is explicitly made a part of the

Contract by the terms of the Contractor Agreement, by which the applicable Owner engages Contractor for a particular Project. In order to standardize the incorporation of this Master Agreement into the Contract between the parties, the form “stamp” attached hereto as Exhibit A may be used to incorporate the terms of this Master Agreement into each Contract to which such stamp is affixed. This provision shall not prohibit incorporation of this Master Agreement in the absence of the attached stamp, or through an alternative stamp or language agreed to by the parties.

2. This Master Agreement shall not be deemed or construed to obligate either entity referred to as Owner to engage Contractor nor to obligate Contractor to accept contracting work from either entity referred to as Owner. Additionally, this Master Agreement shall not be deemed or construed to make either entity referred to as Owner liable for the contractual obligations of the other entity referred to as Owner.

The liable entity shall be the entity referenced as Owner in the particular Contract.

1. CONFLICTS

1.1 Priorities. In the event of conflicts or discrepancies between the Contract Documents, Invitation for Bid (IFB) or Request for Quotation (RFQ), (as such term is defined in the Contractor

Agreement), interpretations will be based on the following priorities: (i) the Contract Agreement, (ii) this

Master Agreement, (iii) Addenda, with those of a later date having precedence over those of an earlier date,

(iv) the Prime Contract (as such term is defined in the Contractor Agreement), with subsequent addenda, including Modifications and Supplementary Conditions, having precedence over the original documents, and (v) Drawings and/or Specifications. In case of an inconsistency between Drawings and/or

Specifications or within other documents not clarified by an Addendum, the more specific provision will take precedence over the less specific, the more stringent will take precedence over the less stringent, the more expensive item will take precedence over the less expensive, and the better quality or greater quantity of work shall be provided. On all Drawings (if applicable), figures shall take precedence over scaled dimensions. Scaled dimensions shall be relied upon by the Contractor at the Contractor’s own risk (if applicable). Notwithstanding the foregoing or any other provision of this Master Agreement to the contrary, in no event shall Contractor have greater rights with regard to any item or matter under the

Contract than Owner has, and is able to successfully enforce, with regard to the comparable item or matter under the Prime Contract.

1.2 Inconsistencies and Omissions. Should inconsistencies or omissions appear in the

Contract Documents, Invitation for Bid (IFB) or Request for Quotation (RFQ), the Contractor shall notify

Owner of same in writing within three (3) business days of the Contractor’s discovery thereof. Upon receipt of Contractor’s notice of such an inconsistency or omission, Owner shall instruct the Contractor as to the measures to be taken, if any, and the Contractor shall comply with Owner’s instructions.

2. PERFORMANCE AND PAYMENT BONDS

2.1 Bonds. Owner shall have the right to require the furnishing by Contractor of performance and/or payment bonds, in form and from a surety acceptable to Owner, in the full amount of each Contract, with the expense of such bond(s) being assigned pursuant to the Contract Agreement.

2.2 Additional Security. If Contractor has not been required to furnish bonds, Owner may at any time instruct Contractor in writing to provide performance and/or payment bonds within ten (10) days, in a form and from a surety acceptable to Owner, in an amount up to the then current full value of the

Contract. In such event, Owner will reimburse Contractor for the amount of the bond cost. In the event

Contractor cannot provide such bonds, Owner may require other security as it deems appropriate, at its sole discretion, or it may terminate the Contract for default, pursuant to Article 13 of this Master Agreement.

3. PAYMENT

3.1 Progress Payments. Progress payments of the Contract Price (as such term is defined in the Contract Agreement) shall be due Contractor, subject to the conditions precedent established by Section

3.3, in the amount of the Contractor’s Work (as such term is defined in the Contract Agreement) then completed and approved, less the percentage for retainage (if applicable) provided for in the Contract

Agreement, unless a greater rate of retainage (if applicable) is required under the Prime Contract. If a greater rate of retainage (if applicable) is required under the Prime Contract, the parties shall use the greater rate. For the purpose of determining the amount of progress payments, Contractor shall furnish Owner, before its first application for progress payment, a Schedule of Values satisfactory to Owner, at Owner’s sole discretion. If Owner disapproves of Contractor’s Schedule of Values, Owner shall establish a reasonable breakdown, which shall serve as the basis for progress payments. Acceptance of progress payments under this Section 3.1 by Contractor shall constitute a waiver of any and all claims by the

Contractor against the Owner, the Architect, the Engineer the Surety, the premises or any payment bond unless such claims are expressly reserved on the face of the application for payment, a copy of which is attached hereto as Exhibit B. Inclusion of any reservation of claims in a cover letter submitting the application for payment shall not be sufficient to reserve such claim under this Section 3.1. The application for payment shall also include an affidavit and release/waiver of all claims and liens (if applicable) as described in Section 3.3 and in the form used by the Owner, unless a different form is required by the

Owner.

3.2 Stored Materials. Unless otherwise provided in the Prime Contract, progress payments shall include the value of Stored Materials that Owner has approved. “Stored Materials” shall include materials and equipment not yet incorporated into Contractor’s Work but delivered to and suitably stored at the site or at some other location agreed upon in writing. Approval of payment for Stored Materials shall be based on submission by Contractor of evidence satisfactory to Owner to protect Owner’s interest in such

Stored Materials, including transport to the site.

3.3 Conditions Precedent to Payment. It is specifically understood and agreed that Owner shall not process, nor pay, applications for progress payments from Contractor nor pay any other amount to

Contractor unless and until each of the following conditions precedent to payment are met: (i) such applications include the Owner Job Number clearly thereon, (ii) Contractor shall provide, in a form satisfactory to Owner, partial lien waivers, release of claims and/or affidavits, as may be required by

Owner, from Contractor and its subcontractors and suppliers for all prior payments and the payment then applied for. Owner’s payment despite one or more of the foregoing conditions precedent not being satisfied shall not constitute a waiver of Owner’s right to insist of any other condition precedent or all conditions precedent at some later time.

3.4 Time of Payment. Contractor shall submit progress payment applications in a form satisfactory to Owner no later than the day of each payment period provided for in the Contract Agreement, indicating work completed and, to the extent allowed under Section 3.2, Stored Materials stored during the preceding payment period. Applications for payment that exceed the percentage of Contractor’s Work in place will be placed on hold for thirty (30) days.

3.5 Failure of Contractor to Make Payment. Contractor shall ensure that all its subcontractors, employees, and suppliers are paid all amounts due in connection with the Contract. Owner may withhold any progress payments until Contractor submits evidence satisfactory to Owner that all amounts due in connection with a Contract have been paid. Further, in its sole discretion, Owner may pay any and all persons that have not received payment from Contractor due in connection with a Contract, whether or not a lien has been filed. If Owner is required to pay or indemnify any person hereunder, Contractor shall immediately reimburse Owner for the full amount of such cost. Contractor shall also immediately reimburse Owner for any amounts paid under Owner’s payment bond in connection with a

Contract or other Owner payments relating to a failure of Contractor to make payment, and indemnify

Owner for failure of Contractor to make payment, and indemnify Owner for any other costs associated therewith, including Owner’s attorney’s fees.

3.6 Payment Not Acceptance. Payment to Contractor is specifically agreed not to constitute or imply acceptance by Owner of any portion of Contractor’s work.

3.7 Transfer of Title. All material and work covered by progress payments received by

Contractor shall become the property of Owner or, if the Prime Contract so provides, the property of the

Owner. This provision does not affect Contractor’s sole responsibility and liability for all such materials and work until final acceptance by Owner or the date set forth in the Prime Contract for the transfer of liability for property, whichever is later.

3.8 Right to Withhold Payment. Owner may withhold amounts otherwise due under a

Contract or due under any other contractual arrangement between the parties to compensate Owner for costs Owner has incurred or may incur for which Contractor may be responsible hereunder or otherwise.

Appropriate adjustments to such withholding shall be made when the exact amounts owed hereunder are determined.

3.9 Final Payment. Final payment shall be made after completion of all work, acceptance by the Owner and compliance with all Contract obligations, all of which shall be conditions precedent to the making of final payment to the Contractor. Owner shall be entitled to proof of the Contractor’s payment for labor, material and services used before any payment is due. The Contractor shall submit payroll affidavits if required. Material paid for shall belong to Owner, but shall remain in the care, custody and control of the Contractor and be stored at the Contractor’s risk. The Contractor shall be responsible at all times for its labor and/or materials until accepted by the Owner. The Contractor shall furnish a Contractor

Reconciliation Form, guarantees, final payment application and all other documents required by the Prime

Contract for the Contractor’s work, including releases of all claims and liens (if applicable) as a condition precedent to final payment. Any liquidated damages withheld by the Owner shall be asserted against the

Contractor for any delay(s) attributable to the Contractor’s fault.

Contractor acknowledges the importance of timely payment application to successful Project closeout. In consideration of this requirement, Contractor expressly agrees to submit its Final Payment

Application and all required documentation within 30 days of its last work on the Project. Contractor further agrees that failure to submit its Final Payment Application within 90 days of its last work on the

Project shall constitute a waiver of further payment.

Acceptance of final payment by Contractor shall constitute a full waiver and release by Contractor of all claims against Owner arising out of or relating to this Agreement.

4.0 SCHEDULE OF WORK

4.1 Schedule. Owner may require a schedule for this Project using CPM schedule techniques, simple bar charts, narrative, and/or other methodologies. The Contractor agrees to promptly provide the Owner a schedule properly depicting activities, including their costs and duration, at no additional cost to Owner. All such data shall be provided within seven (7) days of Owner’s notice and request. Owner may at its option withhold making payments to the Contractor until the Contractor has provided said information.

4.2 Time Is Of The Essence. Time is of the essence in the Contractor’s proper performance of its obligations under this Contract Agreement. Owner shall have the right to direct the manner in which the Contractor performs its work. The Contractor shall proceed with the performance of the work at such time and in such sequence as Owner may direct and/or as required by the Project Schedule, which may be updated and revised from time to time by Owner as working conditions require, including overtime performance as necessary. If overtime is required solely to accelerate project completion, it shall be authorized in writing and paid for by Owner. Payments due may be withheld to insure timely progress and completion of work. The Contractor shall be liable for all losses and damages incurred by Owner

(including consequential damages) due to any inexcusable delay of the Contractor in the performance of the work.

4.3 Extensions of Time. The Contractor shall be entitled to an extension of time for performing and completing the work covered by this Contract upon the same terms and conditions under which and extension of time is allowable under the Prime Contract, but only to the extent that an extension of time is actually granted by the Owner or its representative under the Prime Contract. Notice of the excusable delay shall be given to Owner in writing as soon as possible after the beginning of said delay, but in any case, such notice must be given to Owner in no more than one half (1/2) of the time allowed under the provisions of the Prime Contract. If the Contractor fails to give such notice in a timely manner, then any entitlement to a time extension otherwise due the Contractor shall be deemed to be waived. The

Owner’s decision with regard to the delay, including any assessment of liquidated damages, shall be binding upon and chargeable to the Contractor, subject only to the disputes procedure provided in the Prime

Contract.

4.4 Priority of Work. Contractor will coordinate Contractor’s Work with the Work of Owner and other subcontractors to prevent or mitigate delays and interferences in the completion of any part or all of the Work. Owner shall have the right to decide the time, order and priority in which various portions of the Work shall be performed and all other matters relative to the timely and orderly conduct of Contractor’s

Work. Owner shall not be responsible for any costs or damages related to the coordination of Contractor’s

Work with the Work of Owner and other subcontractors.

5. CONTRACTOR LIABLITY

5.1 Scope. Contractor shall be liable to Owner for all costs and other damages Owner incurs as a result of Contractor’s failure to perform a Contract in accordance with its terms. Contractor’s failure to perform shall include the failure of its suppliers, Materialmen, and/or subcontractors of any tier to perform.

Contractor’s liability shall include, but not limited to: (i) damages and other delay costs payable by the

Owner; (ii) Owner’s increased costs, such as extended overhead and increased costs resulting from

Contractor-caused delays or improper Contractor’s Work; (iii) warranty and rework costs; (iv) liability to third parties; (v) excess costs of re-procurement; and (vi) attorney’s fees and related costs of resolving disputes related to Contractor’s failure to perform.

5.2 Use of Equipment Owned by Others. If Contractor or any of its agents, employees, suppliers or lower-tier subcontractors use any machinery, equipment, tools, scaffolding, hoists, lifts or similar items belonging to or under control of Owner or other subcontractors or suppliers, Contractor assumes all risks of such use. Contractor shall be liable to and shall indemnify Owner for any loss or damage, including personal injury or death, which may arise from such use, except where such loss or damage shall be due solely to the negligence of Owner, its employees or other contractors.

5.3 Supervision and Work Inspection. The contractor shall have a competent and designated person in charge and outside for each mowing/landscape crew at all times.

5.4 Damages by the Contractor. Any damages to property or grounds as a result of

Contractor operations shall be repaired/replaced within two (2) weeks of the date of damage by the

Contractor, at no cost to the Owner. All incidents of damage by the Contractor and any discoveries of damage shall be reported to the Owner’s contact person.