9-26-012 Mowing FINAL no maps.pdf

INVITATION FOR BIDS

IFB #26-012

MOWING & LAWNCARE

Release Date:

February 25, 2026

SUBMISSION DEADLINE

Tuesday, March 17, 2026

2:00 p.m. EST Public Bid Opening to immediately follow.

Submissions shall be made electronically to the Botetourt County Vendor portal before the given deadline. The portal requires a quick registration and can be accessed at the link below or on the County website's Purchasing page.

BOCO VENDOR PORTAL

Submissions will only be accepted through the Portal, completed as required per these instructions and the directions given at the submission site.

It is the full responsibility of the Offeror to ensure that it can access and submit technically before the deadline. Any proposals received outside the Portal will not be accepted.

Any technical assistance shall be requested via the Bonfire Help site or by email to the Purchasing Office at purchasing@botetourtva.gov. It is the contractor’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 Thursday, March 5, 5:00 p.m., EST, and should 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.

IFB #26-012

Mowing & Lawncare https://botetourtva.bonfirehub.com/portal/?tab=pastOpportunities mailto:purchasing@botetourtva.gov mailto:Purchasing@botetourtva.gov

I. GENERAL INFORMATION

Botetourt County is soliciting sealed bids from qualified responsible contractors to furnish all equipment, labor, and materials necessary to mow and maintain the County’s lawn areas as listed below. The County reserves the right to add or delete locations within the noted Areas, or to add new areas as it deems necessary in regard to in-house management capacity. Each season's service will be terminated at the end of the growing season upon notification of the County’s Maintenance Director. Payment will be made only for services rendered. During periods of drought and low grass growth, the County may adjust mowing frequency to enhance appearance.

Bids will be received until 2:00 p.m. E.S.T. on Tuesday, March 17, 2026. The County’s intention is to award a five-year contract from the date of notification through the growing season for the calendar year of 2026, with five (5) optional one-year annual renewals.

The County may choose to award a single contract or multiple contracts if in the County's best interests.

II. SCOPE OF SERVICES

The County seeks the services of qualified contractors to mow, trim, and remove grass clippings from sidewalks and entranceways, and includes mulching at the following locations:

AREA 1 – Central County

• Botetourt County Administration Building & Welding Lab 57 S. Center Drive, Daleville, VA 24083

• Greenfield International Highway, at the intersection with Roanoke Road/220

• Greenfield Cherry Blossom North, S Center Drive, Daleville, VA 24083

• Greenfield Historic Buildings & Cemetery, Cherry Blossom Parking Lot off

International Parkway

AREA 2 – South County

• Blue Ridge Park, State Route 880, Roanoke, VA 24012

• Blue Ridge Library, 28 Avery Row, Roanoke, VA 24012

• Boxley Park, Old Schoolhouse Lane, Blue Ridge, VA 24064

• East Park, East Park Drive and Cloverdale Road, Roanoke, VA 24019

• Vista Park, Vista Drive and Lee Highway/Route 11, Roanoke, VA 24019

• Read Mountain Fire Department, 43 Eastpark Drive, Roanoke, VA 24019

AREA 3 – North County

• Glen Wilton Public Access Point (Boat Ramp), 47-119 Bridge Street, Eagle Rock, VA

24085

• Gala Public Access Point (Boat Ramp), Sinking Creek Road, Eagle Rock, VA 24085

• Alpine Public Access (Boat Landing), 3180 Gilmers Mill Road, Buchanan, VA 24066

• Eagle Rock Memorial at Last Locke Park, ½ mile south of James Street on Narrow

Passage Road, Eagle Rock, VA 24085

• Eagle Rock Kilns, located at the intersection of Church (Route 43) and Railroad Ave, Eagle Rock, VA 24085

• Eagle Rock Library, 55 Eagles Nest Drive, Eagle Rock, VA 24085

AREA 4 – North Schools

• Breckinridge Elementary, 331 Springwood Road, Fincastle, VA 24090

• Buchanan Elementary, 255 Schoolhouse Road, Buchanan, VA 24066

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Mowing & Lawncare

• James River High School (JRHS), 9906 Springwood Road, Buchanan, VA 24066

• Central Academy Middle School (CAMS), 367 Poor Farm Road, Fincastle, VA 24090

• Eagle Rock Elementary, 145 Eagles Nest Drive, Eagle Rock, VA 24085

AREA 5 – Central Schools

• Greenfield Elementary School 288 Etzler Rd, Troutville, VA 24175

• Lord Botetourt High School 1435 Roanoke Road, Daleville, VA 24083

• Troutville Elementary School 12 Barron Drive, Troutville, VA 24175

AREA 6 – South Schools

• Cloverdale Elementary, 833 Cougar Drive, Roanoke, VA 24019

• Colonial Elementary, 142 Murray Drive, Troutville, VA 24175

• Read Mountain Middle School (RMMS), 182 Orchard Hill Drive, Cloverdale, VA 24077

The first mowing shall be completed after April 8th and before April 13th, unless notified otherwise, at a height of 3”. Grass must be mowed every 7 days, outside of the second mowing of the year, which should take place 14 days after the initial cut, for the duration of the growing season through October 15th, barring an extremely dry period of no rainfall, in which case the Maintenance Department should be contacted by calling 540-928-2410 to coordinate adjustments to mowing frequency. This should work out to be 26 mowing weeks, but beginning & end dates are subject to change.

All curbs, sidewalks, and mulch beds should be edged and string-trimmed weekly. While mowing and trimming, any grass clippings should be directed away from cars & mulch beds whenever possible, and any clippings that end up on sidewalks, parking lots, or mulch beds should be blown off. As a general rule, the schools are responsible for mowing any islands or medians between the parking lot and the schools, and any islands that require push mowing within the parking lots.

See Attachment C for an aerial view of the properties.

III. SUPERVISION

The contractor shall supervise and direct the work, using their best skills and attention. The contractor is solely responsible for all means, methods, techniques, sequences, and procedures, and for coordinating all portions of the work under the contract.

The contractor shall be responsible to the County for the acts and omissions of its employees, subcontractors, and their agents and employees, and of other persons performing any work under a contract with the contractor.

IV. PROPERTY PROTECTION AND DAMAGE REPAIR

The Contractor shall exercise due care to prevent damage to County property, facilities, utilities, equipment, landscaping, fencing, signage, vehicles, irrigation systems, monuments, and any other improvements during the performance of services under this Contract.

The Contractor shall be fully responsible for damage resulting from thrown objects, equipment operation, improper trimming or edging, chemical application, negligent operation of vehicles or machinery, or any other acts or omissions of the Contractor, its employees, agents, or subcontractors.

Any damage caused by the Contractor shall be reported to the County immediately upon discovery.

IFB #26-012

Upon written notification from the County, the Contractor shall, at its sole expense, repair or replace damaged property to the satisfaction of the County within thirty (30) calendar days, unless an alternative timeframe is approved in writing by the County. Repairs shall restore the damaged property to its original condition or better.

Failure to Repair: County Remedies If the Contractor fails to complete required repairs within the specified timeframe, the County may, at its sole discretion:

1. Perform or procure the necessary repairs and deduct the cost from any amounts due or becoming due to the Contractor under this Contract; and/or

2. Invoice the Contractor for the full cost of such repairs if sufficient funds are not available for deduction.

Payment of any such invoice shall be due within thirty (30) calendar days of receipt. Failure to remit payment may constitute a material breach of contract and may result in termination for default or the pursuit of any other remedies available under this Contract or applicable law.

Nothing in this section shall limit the Contractor’s ability or insurance obligations under this Contract.

V. RESPONSIBILITY OF BIDDER

Bidders are encouraged to visit the project site to familiarize themselves with existing conditions, site access, utilities, surrounding properties, and any other factors that may affect the performance of the work. Appointments can be scheduled by calling the Maintenance Department at 540-928-2410. For all school locations, contact Andy DeWease with Botetourt County Public Schools at 540-473-8263 County staff will not answer site-specific questions outside of the formal question-and-answer process.

Failure to visit the site shall not relieve the successful Bidder of the responsibility to fully perform the work in accordance with the IFB, nor shall it constitute grounds for additional compensation, claims, or time extensions.

By submitting a bid, the Bidder acknowledges that it has reviewed the IFB documents, conducted any investigations it deems necessary (including a site visit, if elected), and has included all costs associated with the Scope of Work in its lump sum price.

VI. MANDATORY PRE-BID MEETING

A mandatory pre-bid meeting is not required for this Invitation for Bids.

VII. 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 Thursday, March 5, 2026, 5:00 p.m. EST.

VIII. BID SUBMISSION REQUIREMENTS

BOCO VENDOR PORTAL (BONFIRE)

Submissions shall be made electronically to the Botetourt County Vendor portal, Bonfire, before the given deadline. The portal requires a quick registration and can be accessed at the link above or on the County website's Purchasing page. Paper, fax, or email submissions will not be accepted. Electronic submissions are authorized pursuant to the Virginia Public Procurement Act and Section 3.15 of the Botetourt County Purchasing Policy and Procedures

IFB #26-012

Mowing & Lawncare https://botetourtva.bonfirehub.com/portal/?tab=openOpportunities mailto:purchasing@botetourtva.gov https://botetourtva.bonfirehub.com/portal/?tab=openOpportunities https://botetourtva.bonfirehub.com/portal/?tab=openOpportunities https://www.botetourtva.gov/289/Purchasing

Manual, which provides for electronic procurement notification and electronic vendor management.

It is the full responsibility of the Bidder to ensure that it can access and submit technically before the deadline. Any bids received outside the Portal will not be accepted.

Any technical assistance shall be requested via the Bonfire Help site or by email to the Purchasing Office at purchasing@botetourtva.gov. It is the Bidder’s responsibility to allow sufficient time for any issues to be resolved.

Submission Deadline: all submissions shall be made no later than March 17, 2026, 2:00 p.m.

EST—public bid opening to follow, located at 57 S. Center Drive, Daleville, VA 24083.

The following items shall be submitted with each bid:

• The completed Employee Certification (Attachment A)

• The Certification and Bid Sheet (Attachment B)

• Three (3) references of recent customers for similar services (including contact information)

• SCC Statement

• Non-Collusion Statement

• VPPA Agreement

• A copy of Certificate of Insurance

• W-9

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Mowing & Lawncare mailto:purchasing@botetourtva.gov

BOTETOURT COUNTY, VIRGINIA

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 purchase a Botetourt 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. It will be the responsibility of the successful contractor to verify eligibility to perform the work and obtain the necessary permits to complete the requested scope of work.

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 will be notified.

All addenda issued will become a part of the bid.

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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 proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is cancelled.

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

9. 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

IFB #26-012

Bidder is responsible for clearly and specifically indicating the product being offered and for providing sufficient descriptive literature, catalog cuts, and technical details 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 cancelled 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 which were budgeted by the County for this contract prior to 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.

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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 their 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. 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.

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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 the 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 then 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. Worker’s 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.

ATTACHMENT A

EMPLOYEE CERTIFICATION

MOWING & LAWNCARE

Name of Contractor:

Pursuant to § 22.1-296.1 of the Code of Virginia, prior to awarding a contract for the provision of services that require the contractor, his employees (or subcontractors) to have direct contact with students, the school board shall require the contractor and, when relevant, any employee who will have direct contact with students, to provide certification that (i) he 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) whether he has been convicted of a crime of moral turpitude.

Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services.

For the purposes of this subsection, direct contact with students means being in the presence of students during regular school hours or during school-sponsored activities.

As part of this submission, I certify that the employees of, or subcontractors to, the above-mentioned contractor that will be providing services to the School Division under the resulting contract (i) will have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child; and/or (ii) whether has been convicted of a crime of moral turpitude.

Furthermore, I understand that the duty to certify is ongoing and extends to future employees and employees of subcontractors for the duration of the contract.

Signature of Authorized Contractor Representative:

Printed Name of Authorized Contractor Representative:

Printed Name of Vendor (if different than Representative):

Date:

http://leg1.state.va.us/cgi-bin/legp504.exe?000%2Bcod%2B22.1-296.1

ATTACHMENT B

CONTRACTOR’S CERTIFICATION AND BID SHEET

IFB #26-012

MOWING & LAWNCARE

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 he/she is 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 its acceptance of the bidder’s price, this contract will become effective on the date the acceptance is written.

Place your bid price below for each mow and string trim, considering a maximum of 26 mowing dates. (subject to change) The Price for Mulch includes spring clean-up and a new layer of dyed black mulch, pruning of trees and bushes, monthly weed control (including parking lots), and fall clean-up Bid per Area, as if you will receive a minimum of those locations grouped together.

If you want to submit a discount for multiple-location groups, note this in the designated area at the bottom of the form.

It is required that mowing crews check in at schools or call when en route to those locations.

Location Price Per

Mow Price for

Mulch

AREA 1 – Central County

Botetourt County Administration Building & Welding Lab

Greenfield International Highway

Greenfield Cherry Blossom North

Greenfield Historic Buildings & Cemetery

TOTAL BID $ $

AREA 2 – South County

Blue Ridge Park

Blue Ridge Library

Boxley Park

East Park

Vista Park

IFB #26-012

Read Mountain Fire Department

AREA 3 – North County

Glen Wilton Public Access Point (Boat Ramp)

Gala Public Access Point (Boat Ramp)

Alpine Public Access (Boat Landing)

Eagle Rock Memorial at Last Locke Park

Eagle Rock Kilns Eagle Rock Library

TOTAL BID

AREA 4 – North Schools

Breckenridge Elementary

Buchanan Elementary James River High School

(JRHS)

Central Academy Middle School (CAMS)

Eagle Rock Elementary

AREA 5 – Central Schools

Greenfield Elementary Lord Botetourt High School

(LBHS)

Troutville Elementary

AREA 6 – South Schools

Cloverdale Elementary Colonial Elementary Read Mountain Middle School

(RMMS)

DISCOUNT OFF BID

OFFERED FOR AWARD OF 2

OR MORE AREAS

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

[SIGNATURES AND ACKNOWLEDGEMENTS TO FOLLOW]

IFB #26-012

Firm Name:

By: Date:

(Signature Validates Bid)

(Printed Name and Title)

Address:

Telephone:

E-mail Address:

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):

IFB #26-012

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

IFB #26-012

Additions to Contract, as required by the 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, state, and local laws and regulations applicable to the performance of the services procured.

D. Provide and maintain a drug-free workplace for its employees in accordance with the Drug-Free Workplace Act of 1988, as amended. For the purposes of this subparagraph, a “drug-free workplace” means a site for the performance of work done in connection with this Agreement. The Vendor shall also state in all solicitations for employees related to the work to be performed under this Agreement that the Vendor maintains a drug-free workplace.

E. Post in conspicuous places, available to employees and applicants for employment, standard anti-discrimination notices as required by Virginia law, as well as a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in its workplace and specifying the actions that will be taken against any employee for a violation.

F. Include these provisions in any subcontract or purchase order for the purpose of performing the work contemplated by the Agreement the value of which exceeds $10,000, so as to make these provisions binding on such subcontractor or supplier.

I agree to these terms and conditions and understand that they apply to and govern all purchases, regardless of the type of goods or services purchased, by the County of

Botetourt, Virginia from the Vendor.

Name Title

Vendor _____________________________________

Date ________________________________________

IFB #26-012