845166wastBote.pdf

IFB 26-027

Household Hazardous Waste Collection

INVITATION FOR BIDS

IFB #26-027

RELEASE DATE

Wednesday, September 16, 2026

SUBMISSION DEADLINE

Thursday, October 8, 2026

2:00 P.M. ET.

Public Bid Opening to immediately follow.

Bids may be submitted either electronically or in hard copy. Bidders are responsible for ensuring their submission is received by the deadline, regardless of the method selected.

Electronic submissions shall be made to the Botetourt County Vendor Portal. The portal requires quick registration and can be accessed at the link below or on the County website's

Purchasing page. Fax or email submissions will not be accepted.

BOCO VENDOR PORTAL (BONFIRE)

It is the Bidder's sole responsibility to ensure it can access and submit its bid in a technically compliant manner before the deadline. Any technical assistance shall be requested via the Bonfire

Help site. It is the Bidder’s responsibility to allow sufficient time for any issues to be resolved.

All comments and questions concerning this solicitation shall be received no later than September 24, 2026, 5:00 p.m. ET, and shall be submitted through the Botetourt County Vendor

Portal or emailed to: purchasing@botetourtva.gov.

Individuals with disabilities who require assistance or special arrangements in order to participate in this process should call (540) 928-2106. We request that you provide at least 48 hours' notice so that reasonable efforts may be made to provide the proper assistance. Botetourt County reserves the right to accept or reject any or all bids, to waive any informalities or irregularities, and to accept a bid that is deemed in its best interest.

https://botetourtva.bonfirehub.com/portal/?tab=openOpportunities mailto:purchasing@botetourtva.gov

Table of Contents

PURPOSE

SCOPE OF SERVICES

Event Operations Transportation and Disposal County Responsibilities

ACCEPTED AND UNACCEPTABLE WASTE

Accepted Household Hazardous Waste Unacceptable Waste

CONTRACTOR QUALIFICATIONS AND REQUIRED BID SUBMITTALS

Relevant Experience Proposed Staffing and Training Site Setup and Operations Equipment Safety and Emergency Procedures Transportation and Disposal Facilities Licenses, Permits, and Regulatory Compliance

ADDITIONAL INSURANCE REQUIREMENT

PRICING AND BASIS OF AWARD

Pricing Basis of Award

CONTRACT TERM AND OPTIONAL ADDITIONAL EVENT

BID SUBMISSION REQUIREMENTS

Option 1 – Electronic Submission Option 2 – Hard Copy Submission Additional Requirements

QUESTIONS

EVALUATION & AWARD

PAYMENT TERMS

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

CONTRACTOR’S CERTIFICATION AND BID SHEET

ATTACHMENT A: EVENT SITE MAP AND TRAFFIC FLOW

AUTHORIZED TO TRANSACT BUSINESS

NON-COLLUSION STATEMENT

VIRGINIA PUBLIC PROCUREMENT ACT

PURPOSE

The County of Botetourt, Virginia (“County”) is soliciting sealed bids from qualified contractors to provide household hazardous waste (“HHW”) collection, packaging, transportation, and disposal services for one (1) Fall 2026 event with an option for an additional Spring 2027 household hazardous waste collection event. The Contractor shall provide all necessary personnel, equipment, materials, supplies, transportation, and disposal services required to conduct the events in accordance with the requirements of this Invitation for Bids (“IFB”) and all applicable federal, state, and local laws and regulations.

Botetourt County has approximately 36,000 residents, with approximately 7,277 homes located within five (5) miles of the Botetourt County Convenience Center and approximately 13,039 homes located within ten (10) miles of the facility. These figures are provided for informational purposes only and do not represent or guarantee participation or quantities of household hazardous waste to be collected during either event.

The County anticipates conducting one (1) HHW collection event on a Saturday in October 2026.

The County shall have the option, at its sole discretion, to extend the resulting contract to include one (1) additional HHW collection event anticipated to be held on a Saturday in the Spring of 2027. The specific date of each event shall be mutually agreed upon by the County and the Contractor. Events will be held at the Botetourt County Convenience Center, 259 Landfill Road, Troutville, VA 24175, from 12:30 p.m. to 4:30 p.m.

SCOPE OF SERVICES

The Contractor shall provide all labor, supervision, equipment, materials, supplies, packaging, transportation, and disposal services necessary to conduct the County’s Household Hazardous Waste (“HHW”) collection events.

Subcontractors: The Contractor shall not subcontract any portion of the services required under this Contract without prior written approval of the County.

Event Operations

1. The HHW collection event shall operate as a drive-through collection event. Residents shall remain in their vehicles while Contractor personnel unload materials. The Contractor shall perform services in accordance with the event site layout and traffic-flow plan shown in Attachment A, Event Site Map and Traffic Flow. The County may make reasonable on-site adjustments to the layout or traffic flow as necessary for safety or event operations.

2. The Contractor shall provide sufficient qualified and properly trained personnel to safely unload, receive, identify, segregate, inventory, package, label, handle, load, transport, and dispose of HHW collected during each event.

3. The Contractor shall provide employees to assist with unloading residents’ vehicles and conducting collection activities.

4. The Contractor shall provide all equipment and supplies necessary for the safe collection and handling of HHW, including appropriate personal protective equipment, fire prevention equipment, spill response equipment, containers, packaging materials, labels, and other equipment necessary to perform the services.

5. The Contractor shall be responsible for establishing and maintaining safe procedures for the receipt, segregation, identification, packaging, testing, handling, and loading of materials collected during each event.

6. The Contractor shall provide appropriate procedures for the identification and handling of unknown materials received during the event.

7. All HHW collected during the event shall be removed from the collection site immediately following the conclusion of the event unless otherwise approved by the County’s designated representative.

Transportation and Disposal

1. The Contractor shall be responsible for the lawful transportation, treatment, recycling, and/or disposal of all HHW accepted by the Contractor during the event.

2. All transportation, storage, transfer, treatment, recycling, and disposal facilities utilized by the Contractor shall possess all licenses, permits, registrations, and approvals required by applicable federal, state, and local laws and regulations.\

3. The Contractor shall be responsible for obtaining and/or assisting the County in obtaining any EPA identification number, provisional identification number, permit, registration, notification, or other authorization required for each HHW collection event, including completion and submission of all required documentation to the Virginia Department of Environmental Quality (DEQ), U.S. Environmental Protection Agency (EPA), or other applicable regulatory authority.

4. The Contractor shall comply with all applicable requirements governing the identification, packaging, labeling, manifesting, transportation, treatment, recycling, and disposal of HHW.

5. Preferred methods of materials management, when appropriate and legally permissible, are reuse and recycling, followed by Resource Conservation and Recovery Act (RCRA) incineration and landfill disposal.

6. Following each event, the Contractor shall provide the County with an itemized report identifying the quantities or weights of HHW collected and the method by which the materials were managed or disposed of, including reuse, recycling, incineration, or landfill disposal.

7. The required disposal report shall be provided to the County within thirty (30) calendar days following each event.

County Responsibilities The County will be responsible for:

1. Providing the collection site;

2. Advertising and promoting the HHW collection event;

3. Providing traffic control;

4. Providing roll-off containers for non-hazardous waste, if required;

5. Providing tables and chairs in the receipt area;

6. Providing restroom facilities and a break area;

7. Providing a County representative, upon request, to execute required transportation manifests; and

8. Providing an area for temporary staging of loading trucks or containers, if required and approved by the County.

ACCEPTED AND UNACCEPTABLE WASTE

This collection event is limited to household hazardous waste generated by Botetourt County residents. Commercial, business, institutional, and industrial waste will not be accepted.

Accepted Household Hazardous Waste The Contractor shall, at a minimum, be capable of accepting, handling, transporting, and properly managing or disposing of the following household hazardous wastes generated by Botetourt County residents:

Acids; Aerosol products; Automotive fluids; Antifreeze; Batteries, including dry-cell and wet-cell batteries; Driveway sealers; Fluorescent lamps and bulbs; Fungicides; Herbicides;

Household chemicals and cleaners; Insecticides; Mercury-containing products; Oil-based and latex paints; Paint thinners and related paint products; Pesticides; Pool Chemicals;

Propane tanks; Rust removers; Used motor oil; Wood preservatives; and other similar household hazardous wastes approved for acceptance by the County and the Contractor.

Unacceptable Waste The following materials shall not be accepted as part of the HHW collection event unless specifically authorized by the County in writing:

Ammunition; explosives; radioactive materials; infectious or regulated medical waste;

commercial, business, institutional, or industrial waste; contaminated soil; and other materials that cannot lawfully or safely be accepted, transported, or disposed of through the HHW collection program.

The Contractor shall identify in its bid any additional materials that it will not accept and shall provide a reason for each exclusion.

Historical Event Information (For Planning Purposes Only) The County’s prior household hazardous waste collection events had approximately 163 participating vehicles and 6.14 tons of material collected. This information is provided solely as historical reference for bidder planning and is not a guarantee of attendance, quantity, material type, or compensation.

CONTRACTOR QUALIFICATIONS AND REQUIRED BID SUBMITTALS

Bidders shall demonstrate that they possess the experience, personnel, equipment, licenses, permits, and resources necessary to safely and lawfully perform the services required by this IFB.

The following information shall be submitted with the bid:

Relevant Experience

The Bidder shall provide information demonstrating experience conducting hazardous waste collection events or substantially similar services. The Bidder shall provide a minimum of two (2) references for similar projects completed by the Bidder, including the name of the public body or organization, contact person, telephone number and/or email address, and a brief description of the services provided.

Proposed Staffing and Training The Bidder shall describe the personnel classifications anticipated to be used during the HHW collection events, including their respective duties and responsibilities. The Bidder shall provide information regarding the training and qualifications required for personnel who will receive, identify, segregate, package, handle, load, and otherwise manage HHW.

Site Setup and Operations The Bidder shall provide a proposed site setup and organizational plan for the HHW collection event. The plan shall include, at a minimum:

1. Proposed traffic flow and vehicle unloading procedures;

2. Location and use of collection, sorting, packaging, and loading areas;

3. Location of fire prevention, spill response, safety, and emergency equipment;

4. Procedures for receipt, segregation, identification, testing, packaging, and loading of

HHW; and

5. Minimum space and site requirements necessary to safely conduct the event.

Equipment

The Bidder shall provide a general list of equipment anticipated to be used during the event, including fire prevention equipment, spill response equipment, personal protective equipment, containers, packaging materials, and other equipment necessary to safely perform the services.

Safety and Emergency Procedures The Bidder shall provide its procedures or plans addressing:

1. Spill prevention and response;

2. Fire prevention and response;

3. Emergency notification and evacuation;

4. Identification and safe handling of unknown materials; and

5. Bulking of flammable liquids, if bulking will be performed during the event.

Transportation and Disposal Facilities

The Bidder shall identify the transportation, storage, transfer, treatment, recycling, and disposal facilities anticipated to be utilized in performing the contract. The information shall include the facility name, location, applicable EPA identification number, and the anticipated function of each facility.

The Bidder shall describe the anticipated routing and management of HHW from the time the material leaves the County’s collection site through its final treatment, recycling, or disposal.

Licenses, Permits, and Regulatory Compliance The Bidder shall possess and maintain all licenses, permits, registrations, certifications, and other authorizations required to perform the services described in this IFB and shall provide evidence of such qualifications upon request by the County.

ADDITIONAL INSURANCE REQUIREMENT

In addition to the insurance requirements set forth in the General Terms and Conditions of this IFB, the Contractor shall maintain Pollution Legal Liability/Environmental Impairment Liability insurance with limits of not less than $3,000,000 per occurrence and in the aggregate. Coverage shall apply to the collection, handling, packaging, loading, transportation, treatment, and disposal of household hazardous waste performed under this Contract.

PRICING AND BASIS OF AWARD

Pricing

Bidders shall provide pricing for all services in accordance with the Bid Form included with this IFB.

Pricing shall include all costs necessary to perform the required services, including but not limited to, labor, supervision, mobilization, demobilization, equipment, supplies, containers, packaging materials, testing, handling, transportation, fuel, regulatory compliance, reporting, and all other costs necessary to conduct the HHW collection events, except for disposal charges specifically identified as separate unit-price items on the Bid Form.

Bidders shall provide firm unit prices for each disposal item or category identified on the Bid Form. Unit prices shall include all costs associated with the treatment, recycling, and/or disposal of the applicable material unless otherwise specifically identified on the Bid Form.

The County does not guarantee any minimum or maximum quantity of HHW to be collected under the resulting contract. The Contractor shall be paid based upon the actual quantities collected and accepted at the applicable contract unit price.

Basis of Award Award shall be made to the lowest responsive and responsible Bidder whose bid conforms to the requirements of this IFB.

For purposes of determining the lowest Bidder, bids shall be evaluated based upon the Total Manpower/Operations Bid stated on the Bid Form. The Total Manpower/Operations Bid shall include the Setup Fee, Labor, Supplies, and Fuel Surcharge.

Disposal unit prices shall not be included in determining the lowest Bidder but shall become binding contract unit prices and shall be applied to the actual quantities of materials collected and accepted during each event.

The County reserves the right to verify the qualifications, experience, licenses, permits, references, facilities, and other information submitted by the Bidder in determining whether the Bidder is responsible and capable of satisfactorily performing the contract.

CONTRACT TERM AND OPTIONAL ADDITIONAL EVENT

The initial term of the contract shall commence upon execution of the contract and shall continue through completion of all services, reporting, and other requirements associated with the Fall 2026 Household Hazardous Waste collection event.

The County shall have the option, at its sole discretion, to extend the contract to include one (1) additional Household Hazardous Waste collection event anticipated to be held in Spring 2027.

The County is under no obligation to exercise the option for the additional event.

The option shall be exercised by written notice from the County to the Contractor. If exercised, all terms and conditions of the contract shall remain in effect for the additional event, including the pricing submitted with the Contractor’s bid, unless otherwise expressly provided in the contract.

BID SUBMISSION REQUIREMENTS

Bids may be submitted either electronically or in hard copy, as described below. Bidders are responsible for ensuring their submission is received by the deadline, regardless of the method selected.

Option 1 – Electronic Submission Bids may be submitted electronically through the County’s e-procurement portal: BOCO

VENDOR PORTAL (BONFIRE)

Electronic submissions must be fully uploaded and finalized in the system prior to the deadline stated in this Invitation for Bids. Late submissions will not be accepted. The County is not responsible for incomplete electronic submissions.

Option 2 – Hard Copy Submission Bids shall be sealed and clearly marked to prevent accidental opening prior to the official bid opening. Hard copy bids shall be delivered to:

Botetourt County Purchasing Department 57 S. Center Drive Daleville, VA 24083 The outside of the envelope shall be clearly labeled with:

• IFB Number

• Project Title

• Bidder’s Name

Hard copy bids must be received and date- and time-stamped by the Purchasing Office prior to the submission deadline. Delivery to any other County personnel or at any other location does not constitute official receipt.

Bids must be received and time-stamped prior to the submission deadline. Bids received after the deadline will not be accepted.

Bids submitted by mail or courier must be received at the designated location prior to the submission deadline. Postmarks, shipping dates, or other evidence of mailing shall not be considered in determining timeliness.

The County is not responsible for delays in delivery, including mail, courier, or internal routing delays.

Additional Requirements

• Bidders shall submit only one bid using one method of delivery (electronic or hard copy, not both). In the event of a conflict between an electronic submission and a hard copy submission from the same bidder, the County reserves the right to deem the bid non-responsive.

• The official time for receipt of bids shall be determined by:

o The timestamp in Bonfire for electronic submissions; or o The date/time stamp at the receiving office for hard copy submissions.

• The County is not responsible for delays in delivery, including technical assistance or courier delays.

The following items shall be submitted with each bid:

• Completed Contractor Certification & Bid Form

• All information and documentation required under section “Contractor Qualifications and

Required Bid Submittals”

• Addenda acknowledgment (if applicable)

• Non-Collusion Statement

• VPPA Agreement

• SCC Information

Submission Deadline: All submissions shall be made no later than Thursday, October 8, 2026, 2:00 PM ET—public bid opening to follow, located at 57 S. Center Drive, Daleville, VA 24083.

QUESTIONS

All questions regarding this IFB shall be submitted through the Botetourt County Vendor Portal, Bonfire, or in writing to: purchasing@botetourtva.gov.

Questions shall be submitted no later than September 24, 5:00 PM ET.

During the solicitation process, all communications shall be directed exclusively to the Purchasing Office.

EVALUATION & AWARD

A public bid opening will occur on October 8, 2026, at 2:00 PM ET, at the Botetourt County Administration Center, 57 S. Center Drive, Daleville, VA 24083.

Award will be made to the lowest responsive and responsible bidder in accordance with the Virginia Public Procurement Act and the requirements of this Invitation for Bids.

Prior to award, the County may consider information necessary to determine bidder responsibility, including the bidder’s ability, capacity, staffing, supervision, resources, and ability to meet the service and response requirements of this solicitation.

PAYMENT TERMS

Payment will be made NET 45 following the County’s receipt and approval of a complete and accurate invoice.

mailto:purchasing@botetourtva.gov

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

The general rules and conditions shall apply to all purchases and be a part of each solicitation and every contract awarded by the Purchasing Office unless otherwise specified. Bidders or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids: failure to do so will be at the bidder’s/offeror’s own risk, and except as provided by law, relief cannot be secured on the plea of error.

Should a bidder find discrepancies or ambiguities and require clarification, he/she should notify the Purchasing Office at least five days prior to the date set for opening of bids.

Pursuant to section 23-216 of the Botetourt County Code and section 58.1-3703 of the Virginia Code, Contractors located in Botetourt County are required to have a business license.

Contractors located outside Botetourt County who work in the County are required to obtain a Botetourt County business license when gross receipts from work inside the County exceed $25,000 annually. Contact the Office of the Commissioner of Revenue for additional information on business licenses. Pursuant to the Virginia Board for Contractors regulations, section 54.1, Chapter 11, please provide a copy of your current Virginia State Contractors license with your response to this bid/proposal, if applicable. It will be the responsibility of the successful contractor to verify eligibility to perform the work and to obtain the necessary permits required to complete the scope of work requested.

Every bidder shall include in its bid the identification number issued to it by the State Corporation Commission confirming that it is organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50. If the bidder is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law, the bidder shall include in its bid a statement describing why the bidder is not required to be so authorized. Any bidder that fails to provide the required information shall not receive an award unless a waiver of this requirement is granted by the County Administrator.

1. AUTHORITY – This solicitation is subject to the provisions of the Commonwealth of Virginia, the Virginia Public Procurement Act, and the Botetourt County Purchasing Policy and Procedures Manual.

2. COMPETITION INTENDED – It is the County’s intent that this solicitation permits competition. It shall be the Bidder’s responsibility to advise the Purchasing Office in writing if any language, requirement, specification, etc., or any combination thereof, stifles competition or inadvertently restricts or limits the requirements stated in this solicitation to a single source.

The Purchasing Office must receive such notification not later than five (5) business days prior to the deadline set for acceptance of the bids.

BID PROCEDURES

3. CLARIFICATION OF TERMS - Any changes in the general conditions after the bid is advertised will be official only when submitted in writing and signed by the Purchasing Office.

Any and all changes will be made by addendum and all bidders notified. All addenda issued will become a part of the bid.

4. LATE BIDS & MODIFICATION OF BIDS – Any bid/modification received at the office designated in the solicitation after the exact time specified for receipt of the bid/modification is considered late. Botetourt County is not responsible for delays in the submission of bids due to power failures or technology malfunctions. It is the sole responsibility of the Bidder to ensure their bid is submitted by the designated date and hour.

A. Late bids/modifications will not be considered.

B. If the County closes its offices due to inclement weather, the scheduled bid opening will be extended to the next business day, same time.

5. WITHDRAWAL OF BIDS – A bidder for a contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid is substantially lower than the other bids due solely to a mistake in the bid, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

The following procedure for withdrawal of a bid for a public construction contract shall apply.

The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. The work papers, documents, and materials may be considered trade secrets or proprietary information subject to the conditions of subsection F of §2.2-4342 of the Virginia Public Procurement Act. Such mistake shall be proved only from the original work papers, documents, and materials delivered as required herein.

A. No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent.

B. If a bid is withdrawn under the authority of this section, the lowest remaining bid shall be deemed to be the low bid.

C. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

D. If the County denies the withdrawal of a bid under the provisions of this section, it shall notify the bidder in writing stating the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder.

6. ERRORS IN BIDS - Any bid submitted with corrections must have the corrections initialed by the person who signed the original bid. No bid changes will be permitted after the bid opening. The unit price will prevail in the event an error is made in computing totals.

Carelessness in quoting prices, or in the preparation of the bid otherwise, will not relieve the Bidder.

7. ACCEPTANCE OF BIDS – Unless otherwise specified, all formal bids submitted shall be valid for a minimum period of 90 calendar days following the date established for acceptance.

At the end of the 90 calendar days, the bid may be withdrawn at the written request of the

Bidder. If the bid is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled.

8. CONDITIONAL BIDS – Conditional bids are subject to rejection in whole or in part.

9. BID BOND OR GUARANTEE – N/A

10. BIDDERS PRESENT – At the time fixed for the opening of responses to a bid, bid contents will be made public for the information of bidders and other interested parties who may be present either in person or by a representative. All bids will be opened at the time and place specified and read publicly.

11. TAX EXEMPTION – The County is exempt from the payment of any federal excise or any

Virginia sales tax. The price bid must be net, exclusive of taxes. Contractors located outside the Commonwealth of Virginia are advised that when materials are picked up by the County at their place of business, they may charge and collect their own local/state sales tax.

Materials used in the performance of construction contracts are subject to Virginia Sales/Use Tax as described in Section 630-10-27J of the Virginia Retail Sales and Use Tax Regulations.

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

13. ETHICS IN PUBLIC CONTRACTING – The provisions contained in Sections 2.2-4367 through 2.2-4377 of the Virginia Public Procurement Act, as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by Botetourt County. By submitting their bids/proposals, all Bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, Offeror, supplier, manufacturer, or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

SPECIFICATIONS

14. BRAND NAME OR EQUAL ITEMS – Unless otherwise specified, the name of a certain brand, make, or manufacturer shall not restrict bidders to the specific brand, make, or manufacturer named and shall be deemed to convey the general style, type, character, and quality of the article desired. Any article that the purchasing office and the using department determine to be equal to that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The Bidder is responsible for clearly and specifically indicating the product being offered and providing sufficient descriptive literature, catalog cuts, and technical detail to enable Botetourt County to determine if the product offered meets the requirements of the solicitation. Normally, in competitive sealed bidding, only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the Bidder clearly indicates in its bid that the product offered is an “equal” product, such bid will be considered to offer the brand-name product referenced in the solicitation.

15. FORMAL SPECIFICATION - When a solicitation contains a specification that states no substitute, no deviation therefrom will be permitted, and the bidder will be required to furnish articles in conformity with that specification.

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

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

17. CONDITIONS OF ITEMS – Unless otherwise specified in the solicitation, all items shall be new and in first-class condition.

AWARD

18. AWARD OR REJECTION OF BIDS – The County shall award the contract to the lowest responsive and responsible bidder complying with all provisions of the IFB, provided the bid price is reasonable, and it is in the best interest of the County to accept it. The County reserves the right to award a contract by individual items, in the aggregate, or in combination thereof, or to reject any or all bids received whenever such rejection or waiver is in the best interest of the County. An award may be made to as many bidders as deemed necessary to fulfill the anticipated requirements of Botetourt County. The County also reserves the right to reject the bid if a bidder is deemed to be a non-responsive bidder.

19. NEGOTIATE WITH THE LOWEST BIDDER – Unless all bids are canceled or rejected, the County of Botetourt reserves the right granted by section 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the County whenever such a low bid exceeds the County’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds that were budgeted by the County for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The County shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the County wishes to negotiate a lower contract price. The times, places, and manner of negotiations shall be agreed to by the County and the lowest responsive bidder.

20. ANNOUNCEMENT OF AWARD – Upon the award or announcement of the decision to award a contract as a result of this solicitation, the Purchasing Office will publicly post such notice on the bulletin board located in its office.

CONTRACT PROVISIONS

21. ANTI-DISCRIMINATION - By submitting their bids, bidders certify to Botetourt County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act, and section 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious beliefs, refusal to participate in religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with the County to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with County funds shall be subject to audit by the public body. (Code of Virginia, sec. 2.2-4343.1 E).

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

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

23. PERFORMANCE AND PAYMENT BONDS – N/A

24. EMPLOYMENT DISCRIMINATION PROHIBITED - In every contract over $10,000, the provisions in A. and B. below apply:

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

i. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disabilities, 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.

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, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

B. The contractor will include the provisions of the foregoing paragraphs i, ii, and iii in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

25. IMMIGRATION REFORM AND CONTROL ACT OF 1986 – By submitting their bids, bidders certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

26. INDEMNIFICATION. The contractor agrees to indemnify, defend, and hold harmless the County, its officers, agents, and employees from any claims, damages, and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by Contractor and/or arising from or caused by any services of any kind or nature furnished by Contractor.

27. MODIFICATION OF THE CONTRACT – Changes can be made to the contract in any of the following ways:

A. A contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the Board of Supervisors. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of an offeror from the consequences of an error in its bid or offer.

B. The County may extend the term of an existing contract for services to allow the completion of any work undertaken but not completed during the original term of the contract.

28. CONTRACTUAL DISPUTES

A. Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment. However, written notice of the contractor’s intention to file such a claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payments.

B. The purchasing agent shall decide on contractual claims within 30 days of the written submission, and the claimant shall be informed of the decision in writing.

The claimant may appeal the decision within ten (10) days of receipt by filing a notice of appeal with the County Administrator. The appeal shall be decided by the County Attorney, whose decision thereon shall be final.

29. TERMINATION BY OWNER FOR CONVENIENCE

A. Owner may terminate this contract at any time without cause, in whole or in part, upon giving the contractor notice of such termination. Upon such termination, the contractor shall immediately cease services and, if applicable, remove any equipment from the County facilities. After all such steps have been taken to the owner’s satisfaction, the contractor shall receive as full compensation for termination and assignment the following:

i. All amounts otherwise due under the terms of this contract

ii. Amounts due for services subsequent to the latest Request for Payment through the date of termination.

30. INSURANCE – By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverages at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers' compensation insurance in accordance with section 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

INSURANCE COVERAGES AND LIMITS REQUIRED:

A. Workers’ Compensation – Statutory requirements and benefits.

B. Employers Liability - $500,000 C. Commercial General Liability - $1,000,000 per Occurrence/$2,000,000 General

Aggregate. Commercial General Liability includes Premises/Operations Liability, Products and Completed Operations Coverage, and Independent Contractor’s Liability or Owner’s and Contractor’s Protective Liability.

D. Automobile Liability - $1,000,000 – Combined single limit. (Only if a motor vehicle is to be used in the contract.)

E. The County of Botetourt must be named as an additional insured with respect to General Liability and Automobile Liability when requiring a Contractor to obtain Commercial General Liability coverage.

31. N/A

32. EMPLOYEE CERTIFICATION – Bidders shall certify that any of their employees who will provide services under a resulting contract and will be in direct contact with Botetourt County Public School students, defined as in the presence of students during regular school hours or during school-sponsored activities, (i) has not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child, and (ii) such person has not been convicted of a crime of moral turpitude. Bidders shall cause any of their subcontractors to provide the same certification described herein with regard to the subcontractors’ employees.

CONTRACTOR’S CERTIFICATION AND BID SHEET

IFB #26-027

Household Hazardous Waste Collection The undersigned certifies a comprehension of the specifications in the enclosed bid and that the services submitted for this IFB meet or exceed the specifications as listed herein. The undersigned agrees to the terms of the Invitation for Bids and all attachments, and if awarded this contract, agrees that the conditions of this bid and terms will serve as a legal and binding contract. The undersigned further certifies that they are a designated representative of the

Contractor and authorized to sign documents on the Contractor’s behalf. When Botetourt County notifies a bidder in writing of the acceptance of the bidder’s price, this contract will become effective on the date of the written acceptance.

BIDDER INFORMATION

Company Name: ______________________________________________________________________________

Address: _____________________________________________________________________________________

Primary Contact: ______________________________________________________________________________

Phone: ________________________________ Email: _______________________________________________

How will the item be disposed of?

Household Hazardous Waste Collection and Disposal Costs

IFB #26-027

LF - Landfill RC - Recycled IN - Incinerated

Items Cost Per Pound

Latex Paint Oil-Based Paint Non-processable oil paint solids Non-processable latex paint solids Solvents/varnishes Pesticides Aerosols Corrosives Household Cleaners Asbestos Oxidizers Flammable Solids Mercury Propane Cylinders (20-pound size & under) NiCad batteries Anti-Freeze Used motor oil, kerosene and fuel oil Set Up Fee $ Labor $ Supplies $ Fuel Surcharge $ Total Manpower/Operations Bid $

Payment will be based upon the actual services performed and actual quantities of materials collected and accepted at the applicable contract unit prices. In the event of an arithmetic error, the unit price shall prevail.

A. ADDITIONAL MATERIAL EXCLUSIONS

Identify any materials listed in Section Accepted and Unacceptable Waste that the Bidder will not accept and provide the reason for each exclusion. If there are no additional exclusions, state “None.”

Material Reason for Exclusion

AUTHORIZED SIGNATURE

Company Name: _______________________________________________________________

Authorized Representative: _______________________________________________________

Title: _________________________________________________________________________

Signature: ____________________________________________________________________ (Signature Validates Bid) Date: ________________________________________________________________________

ATTACHMENT A: EVENT SITE MAP AND TRAFFIC FLOW

AUTHORIZED TO TRANSACT BUSINESS

Pursuant to Virginia Code Section 2.2-4311.2 (effective July 1, 2010), each bidder or offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia (1950), as amended, or as otherwise required by law, is required to include in its bid its Virginia State Corporation Commission (SCC) Identification Number. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder is not required to be so authorized.

Please complete the following:

A._____ Bidder is a Virginia business entity organized and authorized to transact business in Virginia and such bidder’s SCC Identification Number is ________________________.

B._____ Bidder is an out-of-state (foreign) business entity authorized to transact business in Virginia and such bidder’s SCC Identification Number is ________________________.

C._____ Bidder does not have an Identification Number issued to it by the SCC and such bidder is not required to be authorized to transact business in Virginia by the SCC for the following reason(s):

NON-COLLUSION STATEMENT

My signature certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce or any act of fraud punishable under the Virginia Governmental Frauds Act, sections 18.2-498.1 et seq. of the Code of Virginia, 1950, as amended.

Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the laws against bid rigging (sections 59.1-68.6 et seq.), and the Virginia Antitrust Act (sections 59.1-9.1 et seq.), and Federal Laws regarding the same, and can result in fines, prison sentences, and civil damage awards.

I hereby certify that I am authorized to sign, personally or as a Representative for the Firm:

Name of Firm or Individual: ________________________________________

Address: _______________________________________________________

Signature Date

Printed Name and Title

VIRGINIA PUBLIC PROCUREMENT ACT

In the performance of any services under the Agreement, the Vendor shall:

A. Not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by local, state, or federal law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Vendor’s business, and otherwise comply and conform with the provisions of the Civil Rights of 1964, as amended, the Virginia Fair Employment Contracting Act of 1975, as amended, and the Virginia Human Rights Act, as amended, where applicable.

B. Not employ illegal alien workers or otherwise violate the provisions of the Immigration Reform and Control Act of 1986, as amended; and

C. Comply with all federal,…