INVITATION FOR BIDS

IFB #26-002

STRUCTURE DEMOLITION AND SITE RESTORATION

FEMA Disaster No.: FEMA-4674-DR-VA-0002

Funding Source: FEMA Hazard Mitigation Grant Program (HMGP) and the Commonwealth of Virginia, as administered by the Virginia Department of

Emergency Management (VDEM)

RELEASE DATE

July 7th, 2026

OPTIONAL PRE-BID MEETING

Wednesday, July 15th, 2026

2:00 P.M. EST.

72 Railroad Ave, Eagle Rock, VA 24085

SUBMISSION DEADLINE

Tuesday, August 4th, 2026

2:00 P.M. EST.

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 a 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 full responsibility of the Bidder to ensure that 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 July 21st, 2026, 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, which is deemed in its best interest.

IFB # 26-002

STRUCTURE DEMOLITION AND SITE RESTORATION

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

Table of Contents

AUTHORITY & GENERAL INFORMATION

SCOPE OF WORK

Permitting

Work Timeline and Hours

Site Safety

Utility Coordination

Demolition

Material Salvage

Debris Removal and Disposal

Environmental Testing and Abatement

Site Restoration and Preservation

Alternate # 1

CONSTRUCTION MANAGER (CM AGENCY)

ENVIRONMENTAL & SPECIAL CONDITIONS

OPTIONAL PRE-BID MEETING

BID SUBMISSION REQUIREMENTS

Option 1 – Electronic Submission

Option 2 – Hard Copy Submission

Additional Requirements

Submission Deadline

QUESTIONS

EVALUATION & AWARD

CONTRACT TYPE & PRICING

FEDERAL CONTRACT REQUIREMENTS

FEMA COMPLIANCE CLAUSES

PERIOD OF PERFORMANCE

FUNDING

PAYMENT TERMS

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

CONTRACTOR’S CERTIFICATION AND BID SHEET

AUTHORIZATION TO TRANSACT BUSINESS FORM

NON-COLLUSION STATEMENT

VIRGINIA PUBLIC PROCUREMENT ACT FORM

IFB # 26-002

STRUCTURE DEMOLITION AND SITE RESTORATION

AUTHORITY & GENERAL INFORMATION

Botetourt County, Virginia, is soliciting sealed bids from qualified contractors for the demolition, debris removal, and site restoration of one (1) condemned structure, one (1) shed, and the retaining walls located at 72 Railroad Avenue, Eagle Rock, Virginia, identified as tax number 27A-70. This Invitation for Bids is issued pursuant to the Virginia Public Procurement Act (VPPA), the Botetourt County Purchasing Policy and Procedures Manual, and applicable federal procurement requirements under 44 CFR Part 80. This project is funded in part by a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) and by the State of Virginia through the Virginia Emergency Management Agency (VDEM).

This bid includes demolition and site work only. Any future permeable parking or improvements will be bid separately after approval of the open space use.

Botetourt County has retained a Construction Management Agency to provide construction administration and project management services for the Project. The successful Contractor will coordinate all Work through the County’s designated Construction Manager (CM).

SCOPE OF WORK

The successful bidder shall provide all labor, materials, equipment, supervision, and incidentals necessary to complete the following tasks:

Permitting

• Obtain and successfully complete the requirements of all required local, state, and federal permits necessary for demolition, erosion and sediment controls / stormwater management, contamination abatement, material disposal, and site restoration.

• Permits shall be posted as required by the issuing organization.

• Permit fees shall not be waived by the County.

Work Timeline and Hours

• Work to complete the demolition components of this project and clear all debris from the site shall specifically be completed as soon as possible from the transfer of ownership of the property to Botetourt County to comply with specific FEMA requirements. Ownership transferred to Botetourt County on April 22nd, 2026.

• The Notice to Proceed will establish the official start of the contract time.

• Construction hours are contractually restricted as follows: Work involving heavy equipment, or other construction activities that generate noise exceeding the standards of the currently adopted noise ordinance, shall be performed only during the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 6:00 p.m.

on Saturday. No work is to occur at the site on Sundays. Other, less impactful construction activities are not otherwise restricted.

• Exceptions to these hours may be granted for urgent site safety work or by written approval of Botetourt County, or by extension, its construction project manager.

• All work related to any submitted bid shall be completed no later than Sunday, September 20, 2026.

Site Safety

• Contractor shall post two (2) no trespassing signs, no smaller than 8”x10”, along each side of the property, no closer than 25 feet to another sign along the perimeter, until

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the Botetourt County demolition permit associated with the project is deemed successfully complete by Botetourt County Development Services and finalized.

Utility Coordination

• Coordinate utility locating and disconnection for all public and private utilities serving the site while preserving future access.

• Provide the Community Development Office with written verification from each applicable utility provider confirming proper disconnection prior to the commencement of demolition or land disturbing activities.

Demolition

• Demolish the condemned structure, associated shed, and all other man-made improvements on the site.

i) All above-ground components of the condemned structure, the shed, and the masonry retaining walls located behind the condemned structure shall be completely removed from the site following the approved site plan.

ii) All below-ground components of the condemned structure, the shed, and the masonry retaining walls on the property shall be removed to a minimum depth of twelve (12) inches below finished grade.

iii) Horizontal concrete or other masonry surfaces, including but not limited to remaining basement floors, shall be penetrated with a continuous through-hole having a minimum diameter of twelve (12) inches. No maximum hole size is specified. The through-hole shall be located approximately at the center of the remaining concrete with one hole per area if divided by walls that will remain as dividers below grade.

(1) If the opening is made by a method other than boring a round hole, an area equivalent to one (1) square foot, with no side shorter than six (6) inches, cleared completely through, may be accepted with Botetourt County’s prior approval.

• During removal of any manmade component, any existing trees or brush that are damaged or unhealthy, at Botetourt County’s or its construction manager’s discretion, are to be cleared from the site.

• No deviation from these demolition requirements shall be permitted without prior written approval from Botetourt County’s Building Official.

Material Salvage

• Identify, remove, and set aside one (1) steel I-beam measuring between approximately twenty (20) feet in length, that is straight and in good condition, or as close to these requirements as possible, in accordance with FEMA requirements for the environmentally sound repurposing of building materials. Contractor shall place the beam at the Church Avenue edge of the lot, clear of the right of way, for pickup and removal by others. If not picked up by the end of the project's demolition phase, the contractor is to properly dispose of the beam along with all other materials.

• All other materials salvaged from the site are the property and responsibility of the contractor to remove in their entirety. Any disposal costs are the responsibility of the contractor.

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Debris Removal and Disposal

• Remove and lawfully dispose of all demolition debris, plant/tree remains, trash, and litter from the entire parcel prior to completion of the contract.

• All disposals shall occur at properly licensed and permitted facilities.

i) Bidder shall provide complete, legible landfill receipts and disposal documents with invoicing.

ii) Landfill receipts shall be included as part of the grant records.

Environmental Testing and Abatement

• Utilize Botetourt County provided site evaluation documentation

i) The Contractor shall comply with all findings, restrictions, required practices, material handling procedures, and mitigation measures identified in the Botetourt County provided Pre-Development Site Assessment Package.

ii) The Contractor shall fully comply with the Resource Conservation and Recovery Act (RCRA). No work shall proceed contrary to this requirement.

iii) Documentation sufficient to support compliance with all requirements of:

(1) FEMA HMGP Environmental and Historic Preservation (EHP)

(2) Virginia Department of Environmental Quality (DEQ)

(3) Resource Conservation and Recovery Act (RCRA)

• The Contractor shall perform all abatement, remediation, disposal, and confirmatory testing necessary to address any hazardous materials or contaminants identified at concentrations exceeding applicable regulatory thresholds.

i) Contractor to provide documentation of any abatement, remediation, disposal, or confirmatory testing completed as a part of this contract.

Site Restoration and Preservation

• Restore the site in accordance with FEMA grant requirements, DEQ guidelines, the approved erosion and sediment control plan, the approved site plan, and in the Botetourt County provided Pre-Development Site Assessment Package.

• Return the site to a natural, stable condition, following the approved site plan, including:

i) Install and maintain erosion and sediment control measures according to the approved plan

ii) Removal of surface gravel and remaining debris

iii) Site grading

iv) Leveling and compaction in specified areas

v) Placement of clean topsoil fill, outside of the 1-percent annual chance (100-year) floodplain, as necessary

(1) See approved site plan for topsoil depth and target finished grades

vi) Removal of construction entrance materials

vii) Removal of erosion and sediment controls

viii) Stabilization and seeding

(1) See approved site plan for seeding specifications

Alternate # 1 Contingent on the availability of funding, and at the option of Botetourt County prior to beginning construction, the project shall include the following nature-based surface water

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management plantings and access barriers as specified on sheet L101 of the approved site plan:

i) Planting of trees

ii) Plantings shall be Taylor Juniper (Juniperus virginiana 'Taylor' aka Eastern

Redcedar) trees, or similar, as market availability dictates.

iii) All trees planted are to be:

(1) A preference given to Virginia native trees if specified trees are unavailable

(2) A minimum height of at least four (4) feet tall at planting with a maximum of seven (7) feet tall

(3) Nursery of origin shall be provided

(4) Only verifiably container-grown plants, excluding all ball and burlap-grown plants, are to be used unless written approval from Botetourt County is given prior to installation

(5) Plantings shall be healthy, and free of pests, noxious weeds, and disease

(6) Planted according to established industry best practices, to include

(a) Root preparation

(b) Trees are to be vertical and plumb

(c) Stake as necessary depending on slope of surrounding ground

iv) Provide water and watering service

(1) Complete a total of four (4) post-restoration waterings

(2) Water a maximum of two (2) times a week, with a minimum of two (2) days between waterings

(3) Where rainfall would make watering detrimental to the site watering shall be postponed until the next appropriate date

(4) Apply water to the entire site of appropriate water quality, volume, and rate of application based on site conditions for all grass and trees present

(5) Watering shall only occur during the hours of 6:00 a.m. to 8:00 p.m. Monday through Saturday.

(6) Provide log of watering performance dates, times, and estimated gallons to

Botetourt County at end of watering period

• Site preservation

i) Two existing drive entrances along Railroad Ave are to have vehicular traffic limited by the Contractor by the installation of natural stone barriers (rock bollards) to restrict post-project access

ii) Rocks shall be placed outside the 1-percent annual chance (100-year) floodplain as indicated on the approved site plan

iii) Each rock shall meet the minimum specifications shown on the site plan.

iv) Rock is to be placed directly on the surface of the ground, be stable, plumb, not pose a hazard of injury due to settling, shifting, or movement, and be deemed temporary as related to the site.

• All work to follow the approved site plan.

Bidder shall not disturb or alter the site in a way that conflicts with FEMA open space deed restrictions.

IFB # 26-002

CONSTRUCTION MANAGER (CM AGENCY)

The County has retained a Construction Manager (CM) to provide construction management agency services for this Project. The CM serves as the County’s representative and will assist the County with the administration and coordination of the Project.

The Contractor shall coordinate all work with the CM and shall provide timely responses to requests for information, schedules, submittals, applications for payment, and other project documentation as requested by the CM.

The CM is not a party to the Contract between the County and the Contractor and has no authority to modify the Contract Documents, authorize additional compensation, increase or decrease the Contract Time, or otherwise bind the County contractually. Only the County, acting through its authorized representatives, may approve changes to the Contract by written Change Order or other written contract modifications.

The Contractor shall promptly comply with written directives issued by the County and shall cooperate fully with the CM in the administration of the Project.

ENVIRONMENTAL & SPECIAL CONDITIONS

Executive Order 11988: Floodplain Restrictions: debris may not be staged, stored, stockpiled, burned, or disposed of in the floodplain without the Contractor/bidder obtaining an approval letter/permit from the Virginia Department of Environmental Quality (DEQ). Documentation of the request, which includes accurate site conditions and the approval/permit from the permitting official, must be forwarded by the County to FEMA for inclusion in the administrative record to document compliance with this condition. Contractor/bidder must provide a copy of the DEQ approval to Botetourt County prior to any staging.

Clean fill must be compacted according to the site plan and may not be staged or stockpiled in the floodplain. All fill material must be free of debris, contaminants, or unsuitable material.

Open burning of debris is prohibited anywhere on the site.

Endangered Species Act (ESA): The project location is within the range of federally listed bat species. No standing tree removal is permitted under this IFB without prior County, VDEM, and FEMA approval. No deviation from the approved scope of work or environmental condition is permitted without prior written authorization from the County, VDEM, and FEMA.

National Historic Preservation Act (NHPA): In the event that archaeological resources are discovered during ground-disturbing activities, work shall cease immediately, and the County shall be notified.

If human remains are encountered, the Contractor shall immediately stop work, secure the site, and notify the County. Work shall not resume until cleared by DHR and FEMA.

Resource Conservation and Recovery Act (RCRA): The Bidder is responsible for determining whether hazardous or toxic materials are present. This may include, but is not limited to, propane cylinders, sandblasting residue, discarded paint and solvents, cleaning chemicals, pesticide containers, lead-acid batteries, items containing chlorofluorocarbons (CFCs), used oil filters and motor oil, and unlabeled tanks or containers. The Bidder is responsible for handling, managing, and disposing of hazardous or toxic materials in accordance with state and federal requirements.

State Hazardous Materials and Solid Waste Laws: The Bidder is responsible for determining whether asbestos-containing materials (ACM) are present. This may include, but is not limited to, cementitious siding, caulking compound, roof felt and shingles, roofing mastic, pipe

IFB # 26-002

insulation, furnaces and related elements, sheet vinyl, floor tiles, floor underlayment, and associated mastics. Bidder is responsible for identifying, abating, and disposing of ACMs in accordance with local, state, and federal requirements.

Environmental Compliance, General All work shall comply with:

1. FEMA Environmental and Historic Preservation (EHP) requirements

2. 44 CFR Part 9 (Floodplain Management)

3. 44 CFR Part 10 (Environmental Considerations)

4. Applicable Virginia Department of Environmental Quality (DEQ) regulations

5. Applicable Virginia Administrative Code (VAC) provisions

6. Generally accepted environmental, demolition, and site remediation practices

OPTIONAL PRE-BID MEETING

An optional pre-bid meeting will be held on the date, time, and location indicated below.

Attendance at this meeting is not required to submit a responsive bid.

• Date: Wednesday, July 15th, 2026

• Time: 2:00 PM – 2:30 P.M. EST.

• Location: 72 Railroad Avenue, Eagle Rock, Virginia, 24085-3348

All prospective bidders attending the pre-bid meeting must sign the attendance sheet.

Bidders arriving after the scheduled start time may not be permitted to participate in the meeting.

The purpose of this meeting is to review the scope of work, discuss project requirements, and provide opportunities for questions. All questions and responses will be documented and issued in a written addendum, which will be made available to those not in attendance or who arrived after the scheduled start. Verbal responses provided at the meeting shall not be considered binding unless confirmed in writing by an addendum. Bidders are encouraged to familiarize themselves with the solicitation documents prior to attending.

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

IFB # 26-002

STRUCTURE DEMOLITION AND SITE RESTORATION

https://botetourtva.bonfirehub.com/portal/?tab=openOpportunities

Bids may be received by designated County staff, including the main reception desk;

however, all bids must be delivered to and date/time stamped by the Purchasing Office.

The official time of receipt shall be the date and time the bid is received and stamped by the Purchasing Office. Delivery to any other County personnel or 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.

Submission Deadline: all submissions shall be made no later than Tuesday, August 4th, 2026, 2:00 PM EST—public bid opening to follow, located at 57 S. Center Drive, Daleville, VA 24083.

The following items shall be submitted with each bid:

• Completed Contractor Certification & Bid Form

• Addenda acknowledgment (if applicable)

• Virginia State Contractor’s license information

• Authorization to Transact Business Form

• Non-Collusion Statement

• Virginia Public Procurement Act Form

The total lump sum price shall include all costs necessary to deliver a complete, compliant, and FEMA-eligible project, whether or not each item is expressly listed, provided such work is reasonably inferable from the IFB documents, applicable regulations, and approved site plan Bidders are encouraged to submit examples of similar demolition and site restoration projects completed within the past five (5) years with their bid. Examples may include project descriptions, photographs, references, or other documentation demonstrating experience with comparable work.

The County reserves the right to request additional information from the apparent low bidder, including examples of similar projects and supporting documentation, for the purpose of determining bidder responsibility in accordance with the Virginia Public Procurmenet Act.

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 Tuesday, July 21st, 2026, 5:00 PM EST.

During the solicitation process, all communications shall be directed exclusively to the Purchasing Office. Bidders shall not contact Community Development or the Construction Manager regarding this IFB, unless specifically authorized by the County.

IFB # 26-002

mailto:purchasing@botetourtva.gov

EVALUATION & AWARD

A public bid opening will be held on Tuesday, August 4th, 2026, at 2:00 PM EST at the Botetourt County Administration Center, 57 S. Center Drive, Daleville, VA 24083.

Award will be made to the lowest responsive and responsible bidder based on the Base Bid.

The County reserves the right to remove landscaping (Alternate #1) from the scope based on funding availability. Responsibility will be determined in accordance with the Virginia Public Procurement Act, including evaluation of the Bidder’s ability, capacity, and past performance.

Botetourt County reserves the right to accept or reject any or all bids, to waive any informalities or irregularities, and to accept a bid, which is deemed in its best interest.

The awarded Bidder must provide a certificate of insurance and federal certifications, such as Debarment & Suspension, Lobbying, Covered Telecom, and Domestic Preference.

The Bidder shall not enter into any subcontract with a debarred or suspended party and must verify subcontractor status via SAM.gov.

No deviation from the approved scope of work or environmental condition is permitted without prior written authorization from the County, VDEM, and FEMA.

CONTRACT TYPE & PRICING

The County intends to award a firm-fixed-price contract to the lowest responsive and responsible bidder. Cost-plus-percentage-of-cost submissions are prohibited.

FEDERAL CONTRACT REQUIREMENTS

This procurement is funded in whole or in part by federal funds from the Federal Emergency Management Agency (FEMA). As such, the successful bidder shall comply with all applicable federal laws, regulations, and executive orders, including but not limited to those set forth in 2 C.F.R. Part 200.

Domestic Preference In accordance with 2 C.F.R. § 200.322, to the greatest extent practicable, the Bidder shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. For purposes of this requirement, “produced in the United States” means that all manufacturing processes occurred in the United States and that all components of the product are of U.S. origin, unless a waiver applies.

Prohibition on Covered Telecommunications Equipment or Services In accordance with 2 C.F.R. § 200.216, the Contractor is prohibited from using FEMA award funds to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services include those produced or provided by entities identified in 2 C.F.R. §

200.216 and related federal guidance.

The successful bidder shall be required to certify compliance with these requirements as part of contract execution.

Required Federal Contract Provisions (2 C.F.R. Part 200, Appendix II) The provisions set forth in 2 C.F.R. Part 200, Appendix II are hereby incorporated by reference and shall apply to this contract as applicable.

Davis-Bacon Act The Davis-Bacon Act (40 U.S.C. § 3141 et seq.) does not apply to this acquisition and demolition project funded under the FEMA Hazard Mitigation Grant Program (HMGP). FEMA’s Hazard Mitigation Assistance Guidance and 44 C.F.R. Part 206 confirm that Davis-Bacon labor standards apply only to FEMA’s Public Assistance (PA) permanent construction projects, and do not apply to HMGP-funded activities such as acquisition, demolition, or open space conversion. Accordingly, no federal prevailing wage rates are required or applicable for this

IFB.

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FEMA COMPLIANCE CLAUSES

FEMA/VDEM Funding Limitation This project is funded in part through a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant. This grant is supported by funding from the State of Virginia through the Virginia Emergency Management Agency (VDEM).

Award of any contract resulting from this Invitation for Bids is expressly contingent upon the availability of grant funding and the required local match. The County reserves the right to reject any and all bids, in whole or in part, including any bid that exceeds available funding or otherwise renders the project ineligible for reimbursement.

Environmental and Historic Preservation (EHP) Requirements Work under this contract shall not commence until all applicable FEMA Environmental and Historic Preservation (EHP) requirements have been satisfied and written authorization to proceed has been issued by the County. The Contractor shall comply with all EHP conditions applicable to the project, including, but not limited to, environmental testing, hazardous materials handling, and any required work sequencing. No costs incurred prior to written authorization shall be eligible for payment.

Federal Grant Compliance and Records The Contractor shall maintain all records related to this project in accordance with applicable FEMA grant requirements and shall make such records available for inspection, audit, or reproduction by the County, the Commonwealth of Virginia, FEMA, or their authorized representatives.

PERIOD OF PERFORMANCE

No work shall begin until issuance of a written Notice to Proceed (NTP) by Botetourt County.

The Notice to Proceed will establish the official start date for the contract performance.

Completed shall be defined as all physical work being finished, all required documentation submitted, all inspections passed, all permits closed, all contractor-owned property removed from the site, and all required County approvals issued.

FUNDING

This project will be funded in whole or in part by the FEMA Hazard Mitigation Grant Program (HMGP), the Commonwealth of Virginia, as administered by the Virginia Department of Emergency Management (VDEM), and the Botetourt County Board of Supervisors.

PAYMENT TERMS

Payment shall be made NET 45 upon completion of the work. Completed is defined as the physical condition of work, permit closeout, final inspections, and County acceptance.

Invoices submitted prior to final acceptance or permit closeout will not be eligible for payment.

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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 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 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

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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

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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

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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

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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 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. 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

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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.