WASTEWATER IMPROVEMENTS.pdf

Blue Ridge Engineering & Construction Services, LLC

Blue Ridge Engineering

& Construction Services, LLC

406 Wild Cherry Rd.

Pilot, VA 24138 (540)392-4144

Date: May 4, 2026

Project Name: Bedford County Public Schools

Wastewater Improvements

Stewartsville & Otter River Elementary Schools

Site Visit: Thursday May 7, 2026

10:00 am @ Stewartsville Elementary

12:00 pm @ Otter River Elementary

Bids Due: 2 pm, Thursday May 21, 20264, electronic submission to taylor.bell@bedford.k12.va.us

GENERAL:

BCPS intends to award the work to a single contractor. Contractor shall note the following items when considering providing a quote for the project:

1. Work will commence on June 1st and must be ready for operation by August 1st

2. No performance or payment bonds are required.

3. Bids shall be submitted electronically to taylor.bell@bedford.k12.va.us no later than the specified time that bids are due.

4. Questions about the project shall be directed to Chris Fewster, PE at 540-392-4144 or Taylor

Bell at 540-875-9776.

Project: Bedford County Public Schools

Location: Stewartsville & Otter River Elementary Schools

Bid Due Date: May 21, 2026 at 2 pm electronic submission of bid is allowed

BID SUMMARY

Bid Price

1 Stewartsville Elementary $

2 Otter River Elementary $

Total Bid Price $

Contractor License No.

Contractor Name

Authorized Signature

Date

Contact Number

Email

BEDFORD COUNTY SCHOOL BOARD’S STANDARD TERMS AND CONDITIONS

(Attachment D)

I. GENERAL PROVISIONS

Unless otherwise agreed to in a writing signed by the Chief Financial Officer of Bedford County Public Schools and approved as to form by the attorney for the Bedford County School Board, these Standard Terms and Conditions apply to and govern all purchases, regardless of the type of goods or services purchased, between the Bedford County School Board (the “Board”) and the “Contractor” or “Vendor”.

I. PROVISIONS REQUIRED BY VIRGINIA LAW

1. During the Contract Period, Contractor or Vendor will comply and conform with the provisions of the Civil Rights Act of 1964, as amended, the Virginia Fair Employment Contracting Act of 1975, as amended, and the Virginia Values Act, as amended, where Applicable.

2. NONDISCRIMINATION. Contractor or Vendor agrees that during the performance of the Agreement:

A. It will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of Contractor or Vendor.

Contractor or Vendor agrees to post in conspicuous places, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause.

B. It will state that it is an equal opportunity employer in all solicitations or advertisements for employees placed by it or on its behalf.

C. Notices, solicitations, and advertisements placed in accordance with federal law, rule, or regulations shall be deemed sufficient for the purposes of meeting the requirements of this section.

D. It will, if the Contractor or Vendor employs more than five employees

(i) provide annual training on the Contractor’s or Vendor’s sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Commonwealth of Virginia’s Department of Human Resource Management, and

(ii) post the Contractor’s or Vendor’s sexual harassment policy in

(a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and

(b) the contractor’s employee handbook.

E. It will include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each such subcontractor or contractor or vendor.

3. DRUG FREE WORKPLACE. During the performance of the Agreement, Contractor or Vendor agrees to:

A. provide a drug-free workplace for Contractor’s or Vendor’s employees;

B. post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Contractor or Vendor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

C. state in all solicitations or advertisements for employees placed by or on behalf of Contractor or Vendor that Contractor or Vendor maintains a drug-free workplace; and D. 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 the Agreement, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract..

4. RELIGIOUS ORGANIZATIONS. The Bedford County School Board does not discriminate against faith-based organizations. Pursuant to Section 2.2-4343.1 of the Code of Virginia and applicable Board policy, in all solicitations, contracts, and purchase orders, the Board does not discriminate against faith-based organizations.

5. AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA. To the extent the Contractor is organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership, the Contractor shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law, and in which case the Contractor shall provide to Bedford County Public Schools the Contractor’s identification number issued to it by the Virginia State Corporation Commission. The Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or canceled at any time during the term of the contract. Bedford County Public Schools may void this contract and any other contract with the Contractor if the Contractor is a business entity and the Contractor fails to remain in compliance with the provisions of this section.

6. IMMIGRATION LAW. Contractor or Vendor represents and warrants that it does not, and shall not during the performance of the Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

7. CERTIFICATION REGARDING VIOLENT FELONS AND SEX

OFFENDERS. By entering into the Agreement, Contractor or Vendor certifies, as required by Section 22.1-296.1 of the Code of Virginia, that none of the persons who will provide services requiring direct contact with students on school property during school hours or during school-sponsored activities has been convicted of a felony or any offense involving the sexual molestation, physical, or sexual abuse or rape of a child. Contractor or Vendor shall complete the “Certification of Contractor or Vendor/Employee” set forth in Attachment 1. Contractor or Vendor shall promptly report to the Bedford County School Board any change that would make this certification no longer accurate. Contractor or Vendor further understands and acknowledges

(1) that if Contractor or Vendor makes a materially false statement regarding any of the above offenses, Contractor or Vendor will be guilty of a Class 1 misdemeanor and

(2) that before any person is permitted to provide such services subsequent to this certification, Contractor or Vendor must complete a new certification regarding such person.

8. NONAPPROPRIATIONS. This Agreement shall be null, void, and unenforceable if the Bedford County School Board fails to receive, or to continue to receive, funds which, in its sole opinion, are sufficient to meet its obligations hereunder. Any obligation of Bedford County Public Schools to pay compensation due to the Contractor pursuant to the Contract is subject to appropriations by the Bedford County School Board to satisfy payment of such obligations. The Bedford County School Board’s obligations to make payments during subsequent fiscal years are dependent upon the same action. If such appropriation is not made for any fiscal year, the Contract shall terminate effective at the end of the fiscal year for which funds were appropriated, and the Bedford County School Board shall not be obligated to make any payments under the Contract beyond the amount appropriated for payment obligations under the Contract. In the event of non-appropriation of funds for the items under this contract, Bedford County Public Schools may terminate this Contract as to the services for which funds have not been appropriated. Written notice will be provided to the Contractor as soon as practicable after such action is taken, but failure to give such notice shall be of no effect, and the Bedford County School Board shall not be obligated under the Contract beyond the date of termination specified in the Bedford County School Board’s written notice.

9. PROMPT PAYMENT REQUIREMENTS FOR SUBCONTRACTORS. If subcontractors are used in the performance of the Agreement:

Contractor or Vendor shall take one of the two following actions within seven days after receipt of amounts paid to it for work performed by a subcontractor:

A. Pay the subcontractor for the proportionate share of the total payment received from the Bedford County School Board attributable to the work performed by the subcontractor; or B. Notify the Bedford County School Board and subcontractor, in writing, of Contractor or Vendor’s intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment. Contractor or Vendor shall provide the Bedford County School Board with its federal employer identification number prior to receiving any payments hereunder. Contractor or Vendor shall pay interest to the subcontractor on all amounts owed by it that remain unpaid after seven days following receipt by it of payment from the Bedford County School Board for work performed by the subcontractor under the contract, except for amounts withheld as allowed in subparagraph B above. Unless otherwise provided under the terms of the contract, interest shall accrue at the rate of one percent per month for amounts owed to a subcontractor. Contractor or Vendor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. Contractor or Vendor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this paragraph shall not be construed to be an obligation of the Bedford County School Board. The contract shall not be modified for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge. On a construction contract, in the event that the Contractor has not received payment from the Bedford County Public Schools for work performed by a subcontractor under such contract, Contractor shall be liable for the entire amount owed to such subcontractor and to pay such subcontractor within 60 days of the receipt of an invoice following satisfactory completion of the work for which the subcontractor has invoiced. Contractor shall not be liable for amounts otherwise reducible due to the subcontractor's noncompliance with the terms of the contract. However, in the event that the Contractor withholds all or a part of the amount invoiced by the subcontractor under the terms of the contract, the Contractor shall notify the subcontractor within 50 days of the receipt of such invoice, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment, specifically identifying the contractual noncompliance, the dollar amount being withheld, and the lower-tier subcontractor responsible for the contractual noncompliance. Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of that contractor's receiving payment for amounts owed to that contractor. Any provision in a construction contract contrary to this section shall be unenforceable. Nothing in this subdivision shall be construed to

(i) apply to or prohibit the inclusion of any retainage provisions in a construction contract or

(ii) apply to contracts awarded solely for professional services as that term is defined in § 2.2-4301 where the public body is contracting directly with an architectural and engineering firm.

II. OTHER REQUIRED PROVISIONS

1. HOLD HARMLESS. Recognizing that the Bedford County School Board cannot validly enter into a hold harmless provision under Virginia law, any provision in the Agreement requiring the Bedford County School Board to indemnify or hold harmless Contractor or Vendor for any act or omission shall not have any effect or be enforceable against the Bedford County School Board.

2. INDEMNITY. Contractor or Vendor shall indemnify and hold harmless the Bedford County School Board, its officers, boards, commissions, agents and employees against any and all claims, demands, causes of action, suits, proceedings, damages, costs or liabilities (including costs or liabilities of the Bedford County School Board with respect to its employees), of every kind and nature whatsoever, including, but not limited to, damages for injury or death or damages to person or property, regardless of the merit of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem, expense traveling and transportation expense, or other costs or expense arising out of or pertaining to the performance of the Agreement by Contractor or Vendor unless resulting from the gross negligence or willful misconduct of the Bedford County School Board or its officers, boards, commissions, agents or employees.

3. PROCUREMENT. Solicitations are subject to applicable School Board policy, which is hereby incorporated into this Contract in its entirety. ANY SOLICITATION OR

CONTRACT DOCUMENTS THAT ARE ISSUED, REQUESTED OR EXECUTED IN

VIOLATION OF BEDFORD COUNTY SCHOOL BOARD POLICY, OR VIRGINIA LAW

ARE VOID AB INTIO, AND OF NO EFFECT, REGARDLESS OF WHETHER ANY

PURCHASE HAS BEEN MADE PURSUANT TO A PURCHASE ORDER OR OTHER

CONTRACT AND IRRESPECTIVE OF THE AMOUNT OR LENGTH OF THE

CONTRACTOR’S OR VENDOR’S PERFORMANCE UNDER THE CONTRACT

DOCUMENTS.

4. CHOICE OF LAW AND VENUE. The Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to the principles of conflicts of laws. Any legal action arising under this Agreement shall be brought in the general district court or the circuit court located in Bedford County, Virginia.

5. WARRANTIES. All goods and services must be warranted to be merchantable, fit for usual and ordinary purposes, and to meet usual, ordinary and expected standards.

6. ASSIGNMENT. Contractor or Vendor shall not assign this Agreement without the prior written consent of the Bedford County School Board. In no case shall such assignment of contract relieve the Contractor from its obligations or change the terms of the Contract.

7. TAXES. The Bedford County School Board is a political subdivision of the Commonwealth of Virginia and is exempt from federal excise tax and all state and local taxes. Contractor or Vendor shall not include such taxes in any invoices under this Agreement. Upon request, the Bedford County School Board will furnish Contractor or Vendor with tax exemption certificates or the Bedford County School Board’s tax-exempt number.

8. PAYMENT. The Bedford County School Board will pay any valid invoices within thirty

(30) days after the receipt of the invoice or thirty (30) days after the receipt of all goods or services, whichever is later. The Bedford County School Board shall not be subjected to any interest, late charges, or attorney’s fees or other legal costs.

9. SEVERABILITY. If any provision of this Agreement is void or deemed unenforceable for any reason, the unenforceable provision shall be deemed severed from the remaining provisions of this Agreement, which shall otherwise remain in full force.

10. MODIFICATION OF THE CONTRACT. The Agreement shall not be amended, modified, or otherwise changed except by the written consent of Contractor or Vendor and the Bedford County School Board.

11. COMPLIANCE WITH LAWS. Contractor or Vendor shall comply with all federal, state, and local statutes, ordinances, and regulations now in effect or hereafter adopted, including all applicable School Board policies, in the performance of this Agreement.

Contractor or Vendor represents that it possesses all necessary licenses and permits required to conduct its business and/or will acquire any additional licenses and permits necessary for performance of this Agreement prior to the initiation of work.

12. ACCESSIBILITY. The Bedford County School Board is fully committed to the requirements of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act (“Section 504”) which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all Bedford County School Board programs, activities, and services (“Services”).

Contractor or Vendor is subject to this requirement and agrees that it will operate any Services in a manner that will enable the Bedford County School Board to meet its obligations under the ADA and Section 504. Contractor or Vendor further agrees to use all reasonable efforts to meet the needs of an individual requiring accommodations when accessing or using Contractor or Vendor’s Services.

13. STUDENT PRIVACY. By entering into this Agreement, Contractor or Vendor acknowledges that the Bedford County School Board is subject to and must comply with the Family Educational Rights and Privacy Act (“FERPA”). Contractor or Vendor agrees and understands that it may be given access to “educational records” as the term in defined by FERPA. To the extent Contractor or Vendor is given access to “educational records,” Contractor or Vendor will ensure that those records remain strictly confidential and not be disclosed to third parties, unless specifically authorized by the School Board or the individual student’s parent or legal guardian in writing. Moreover, if Contractor or Vendor is a School Service Provider as defined in School Board Policy JRCA, Contractor or Vendor acknowledges and agrees that it shall be bound by all requirements set forth in School Board Policy JRCA.

14. INSURANCE. If requested by the Bedford County School Board, Contractor or Vendor shall purchase and maintain in force, at its own expense, such insurance as will protect Contractor or Vendor and Bedford County School Board from claims which may arise out of or result from the Contractor or Vendor’s execution of the Agreement, whether such execution be Contractor or Vendor, its employees, agents, subcontractors, or by anyone for whose acts any of them may be liable. The insurance coverages shall be such as to fully protect the Bedford County School Board and the general public from any and all claims for injury and damage resulting by any actions on the part of Contractor or Vendor. Contractor or Vendor shall furnish insurance in satisfactory limits, and on forms and of companies that are acceptable to the Bedford County School Board and shall require and show evidence of insurance coverages on behalf of any subcontractors (if applicable). The Contractor or Vendor shall maintain during the initial term and any additional terms of this Agreement the following equivalent coverage and minimum limits:

A. Commercial General Liability $1,000,000 Combined Single Limit per occurrence.

B. Automobile Liability $1,000,000 Combined Single Limit per occurrence C. Workers’ Compensation Virginia Statutory limits D. Employers’ Liability $100,000 each accident E. Umbrella/Excess Liability $5,000,000 F. Professional Liability (if appropriate) $1,000,000 occurrence limit, $2,000,000 aggregate. If an insurance certificate is used as evidence of the required insurance, the insurance certificate:

i. Must reflect that the Commercial General Liability policy names “the Bedford County School Board, its officers, employees, and agents” as an additional insured by endorsement to the policy;

ii. Must reflect that the policies are endorsed to require no less than 30 days’ notice of cancellation or other change in coverage to the Bedford School Board;

C. Must have an authorized signature;

D. The Certificate Holder should be listed as “Bedford County School Board.”

15. TERMINATION. It shall be the sole right of the Bedford County School Board to terminate the Agreement upon written notification to the Contractor or Vendor. Moreover, the Bedford County School Board reserves the right to cancel and terminate the Agreement at any time, without penalty, for unsatisfactory product quality and/or service on the part of Contractor or Vendor, in the sole judgment of the Bedford County School Board, or when the Bedford County School Board determines the cancellation to be in its best interests. Repeated delayed or partial deliveries and returns for inadequate, damaged, or spoiled products shall be interpreted as failure to meet contractual obligations and may cause cancellation of the Agreement. Upon receipt of notice of termination, Contractor or Vendor shall cease all deliveries or services unless advised by the Bedford County School Board to do otherwise. In the event of termination, Contractor or Vendor shall be compensated for those deliveries or services provided to the satisfaction of the Bedford County School Board as of the date of termination.

16. CLAIM OF BREACH. In the event Contractor or Vendor alleges or claims that the Bedford County School Board is in breach of any provision of the Agreement, Contractor or Vendor shall submit a written notice setting forth all relevant details. Copy of the notice shall be sent to Nicole S. Cheuk, Sands Anderson PC, 1111 East Main Street, Suite 2400, Richmond, VA 23218-1998. The Bedford County School Board shall have 30 days to correct any alleged breach without penalty. If no agreement is reached after 30 days from receipt of the written notice, Contractor or Vendor shall follow the Claims Procedure set forth below. Failure to comply with this notice requirement and Claims Procedure shall result in waiver and release of any claims by Contractor or Vendor.

17. CLAIMS PROCEDURE. Notice of Claim must be submitted to the Bedford County School Board in writing no later than sixty (60) days from the time of occurrence of events upon which the claim is based. The Notice of Claim must provide all facts or justifications with supporting documentation. The Bedford County School Board will consider all facts set forth in the Notice of Claim and render a decision within sixty (60) days of receipt of the Notice of Claim.

18. NOTICES. All requests, notices and other communications required or permitted to be given under the Contract Documents shall be in writing. Delivery of a notice shall be either:

A. duly mailed by first-class mail, postage prepaid, return receipt requested, or any comparable or superior postal or air courier service then in effect; or B. transmitted by hand delivery or facsimile transmission to the party entitled to receive the same at the address indicated below or at such other address as such party shall have specified by written notice to the other party. Notices to the Board shall be sent to:

Superintendent of Schools Bedford County Public Schools 311 South Bridge Street Bedford, VA 24523

With a copy to:

Daniel Rose

Litten & Site, LLP 401 Neff Avenue Harrisonburg, VA 22801

Any party may, upon prior notice to the others, specify a different address for the giving of notice. Notices shall be effective one day after sending if sent by overnight courier or three (3) days after sending if sent by certified mail, return receipt requested.

ATTACHMENT 1

CERTIFICATION OF NO CRIMES AGAINST CHILDREN

Contractor acknowledges that the implementation of this Agreement requires Contractor, Contractor's employees, Vendor, or Vendor’s employees or other persons that will provide services under this Agreement to have direct contact with Bedford County Public Schools students. Therefore, Contractor or Vendor hereby certifies that neither Contractor, Contractor's employees, Vendor, or Vendor’s employees, nor any person that will provide services under this Agreement who will have direct contact with students on school property during regular school hours or during school-sponsored activities have been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.

Contractor or Vendor understands that, pursuant to Code of Virginia § 22.1-296.1. making a materially false statement regarding offenses which are required to be included in the certification referenced above is a Class I 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. The Bedford County School Board shall not be liable for materially false statements regarding the certifications required under this Contract.

Bedford County School Board Page 10 of 10 Rev. 11/19/2020 Have you, your employees, or any person who will have direct contact with students under this contract been convicted of a violent felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child?

[ ] NO

[ ] YES (please explain)

Contractor/Vendor Date

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Note: This document must be completed & returned with proposal submission.