012-FY24 Seneca Park Architectural & Engineering Services.pdf

CCADM 012-FY24

ARCHITECTURAL & ENGINEERING SERVICES

Seneca Park

RUSTBURG, VIRGINIA

REQUEST FOR PROPOSAL

SENECA PARK

The intent of this Request for Proposal is to establish a contract with one architectural/engineer firm to provide complete technical services for the project indicated in the Scope of Services, needed by Campbell County Department of Economic Development. Project budget is estimated at $11M.

BID DUE DATE & TIME: 2:00 P.M. Thursday, July 11, 2024

RFP NUMBER: CCADM 012-FY24

ACCEPTANCE PLACE: Central Purchasing Office 1st Floor, Haberer Building 47 Courthouse Lane Rustburg, VA 24588

Requests for information related to this procurement should be directed to:

Grant Jennings Purchasing Agent

(434) 332-9670 gejennings@co.campbell.va.us

Frank Rogers, County Administrator Date County Administrator

REQUEST FOR PROPOSAL

PURPOSE

Campbell County Economic Development requests proposals from an A&E Firm to facilitate the design, build and project management of the construction of a 100,000 square foot shell building in Seneca Commerce Park. Seneca Commerce Park is located on Ewing Drive, Rustburg, VA 24588. The intent of this Request for Proposal is to establish a contract with one qualified architectural/engineer firm that can provide complete technical services for the shell building project and additional related projects that may arise as requested by the County. The architecture and engineering of the building is being contracted separate from the engineering of the site. The site preparation part of the project is already designed to 100% and has received grant funding, it will be put out for bid in Fall 2024. The design and construction phase of the project will not pursue grant funding.

Prior to initiation any project, a scope of work and cost will be identified and negotiated by the Department of Economic Development and the successful firm. The agreed-upon cost for each project and scope of work will include all professional charges and reimbursables. The Department of Economic Development reserves the right to request a detailed breakdown of the total project cost. Individual purchase orders will be issued for each project.

SCOPE OF SERVICES

Project types: The initial project will be the design and construction of a 100,000 square foot industrial shell building to go with the already engineered site plans. Additional projects in Seneca Park may be assigned to but not limited to: Roads, drainage, storm water management, building renovations and additions, space studies, HVAC, electrical or structural evaluations, and site preparation.

Services may include: Consultations, field investigations and surveys, analyses, feasibility studies, preliminary engineering and architectural reports, permitting, public presentations, drawings, construction documents, and bidding/construction administration. Services to also include the oversight and inspection services for the site preparation phase that of the project that is already designed and will be bid out by the County separately.

Respondents are expected to demonstrate knowledge of the applicable requirements of the Uniform Statewide Building Code (BOCA, NEC, NFPA, etc.) along with requirements of the Campbell County Zoning Ordinance.

DOCUMENTS TO REFERENCE in eVA

(1)- 012-FY24 Seneca Park Architectural & Engineering Services PDF attachment (2)- Appendix A PDF attachment

SUBMISSION OF PROPOSALS

One (1) original, four (4) copies and one (1) digital copy of the proposal are to be returned in a sealed package marked “CCADM 012-FY24 ARCHITECTURAL & ENGINEERING SERVICES-SENECA PARK”. Sealed proposals will be received via FedEx, UPS or hand delivered no later than 2:00 P.M., local prevailing time Thursday, July 11, 2024 at Central Purchasing, 47 Courthouse Lane, Rustburg, Virginia 24588.

All proposals submitted shall be valid for a minimum period of 120 days following commencement of offeror discussions. Proposals may be modified or withdrawn only upon written request from the offeror prior to the official deadline for receipt of proposals

REQUIRED PROPOSAL CONTENT

Proposals should be as thorough and detailed as possible so that the County may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following items as a complete proposal.

Cover Letter.

A complete copy of the RFP and any addenda issued.

Complete response to the Evaluation Factors addressed in order as listed below.

At least four references with telephone numbers and point of contact.

Other relevant information, qualifications, certifications, licenses, etc.

Completely filled out proposal forms signed by an authorized representative of the company:

o Attachment A: Contractor Reference Sheet o Attachment B: Contractor Bid Qualification Certificate o Attachment C: SCC Requirement per the Virginia Public Procurement Act o Attachment D: Bid Award Forms (Duplicate) o Attachment E:Affidavit Certifying Compliance with § 22.1-296.1, Code of

Virginia o Attachment F: Signature Form

EVALUATION CRITERIA:

Campbell County will evaluate all proposals received by establishing an evaluation committee to review each proposal, for the purposes of selecting a firm. The following factors, listed in relative order of importance, will be considered and ranked to help make the selection, the judgment of Campbell County being final and conclusive in such evaluation. Informal interviews may be conducted with those firms deemed to be most fully qualified and suitable for the work.

Criteria Points

1. General background of the firm, available resources, and range of services offered.

2. Qualifications and resumes of the proposed Project Manager(s) and other key personnel that would most likely be assigned to this project.

3. Experience working with the public sector or economic development projects

4.Familiarity with shell building or related industrial buildings 25

5. Accessibility and response time to economic development staff and for inspection services

SELECTION PROCEDURE:

Following the informal evaluation process, a selection shall be made of two (2) or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request For Proposal for the interview phase.

Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered at this time but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, Campbell County shall select the offeror which, in its opinion, has made the best proposal and shall award the contract to that offeror.

Should Campbell County determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror.

AWARD OF CONTRACT

The contract award shall be the sole discretion of the Department of Economic Development based on the recommendation of the Selection Committee and based upon the evaluation of all the information received from the evaluation panel. The Department of Economic Development reserves the right to reject any and all proposals in whole or in part and to waive any informality or technical defects if, in its sole judgment, the best interests of the Department of Economic Development will be served.

TERM OF CONTRACT

It is the intent of the Department of Economic Development to enter into a one (1) year contract, effective July 1, 2024- June 30, 2025 with the successful offeror. Upon mutual agreement with the firm, the Department of Economic Development may renew the contract for three (3) additional one-year terms for projects related to this original scope.

PAYMENT

Each project may be billed at completion, or after the end of the month in which work is performed. At no time will work be prepaid. Reimbursable expenses must be preapproved by the Department of Economic Development. Invoices for reimbursement of expenses may be requested as proof of the expenses and will be reimbursed without markup.

INQUIRIES/CLARIFICATION OF TERMS

It is the responsibility of each prospective offeror to inquire about and clarify any requirement of the Request for Proposal that is not understood. If any prospective offeror has questions regarding any of the solicitation documents, the prospective offeror should contact the following, in writing, no later than five (5) working days before the due date. Any revisions to the solicitation will be made only by addendum issued by Central Purchasing.

Questions concerning the Scope of Services may be referred to:

Nina Rezai Director Economic Development nrrezai@co.campbell.va.us

General questions concerning the RFP may be referred to:

Grant Jennings Purchasing Agent Campbell County Central Purchasing gejennings@co.campbell.va.us

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS: Terms used in these instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract, NSPE DOCUMENT 1910-8 (1983 Edition) have the meanings assigned to them in the General Conditions.

2. QUALIFICATIONS OF BIDDERS: To demonstrate his/her qualifications for the Project, each Bidder must be prepared to submit within five (5) days of Owner's request written evidence of the types set forth in the Supplementary Conditions or General Requirements, such as financial data, previous experience and evidence of authority to conduct business in the jurisdiction where the Project is located.

3. LICENSING: All bidders shall comply with licensing laws and related statutes, Title 54, Subtitle II, Chapter II, Code of Virginia (as amended by 1992 Supplement), selected paragraphs of which are included herein for information:

Section 54.1-1100. Definitions:

"Class A Contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $120,000 or more, or (ii) the total value of all such construction, removal, repair or improvements undertaken by such person within any twelve-month period is $750,000 or more.

"Class B Contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $10,000 or more but less than $120,000, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is less than $150,000 or more, but less than $750,000.

“Class C Contractors” perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is over $1,000 but less than $10,000, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is less than $150,000. The Board of Supervisors shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE:

4.1 Before submitting a bid, each Offeror must (a) examine the Contract documents thoroughly, (b) visit the site to be familiar with local conditions that may in any manner affect personal performance of the work (optional), (c) be familiar with Federal, State and Local laws, ordinances, rules and regulations affecting performance of the work; and (d) carefully correlate observations with the requirements of the Contract Documents.

Contact Brian Stokes to set a site visit appointment. (434) 332-9844

4.2 The submission of a bid will constitute an irrefutable presumption that the bidder has complied with every requirement of Article 4.

5. INTERPRETATIONS: All questions about the meaning or intent of the Contract Documents shall be submitted to the Purchasing Agent in writing. Replies will be issued by addenda mailed or delivered to all parties recorded by the Contract Agent or his designee as having received the bidding documents. Questions received less than (5) days prior to the date for opening of bids will not be answered. Only questions answered by formal written addenda will be binding. Oral or other interpretations or clarifications will be without legal effect.

Unauthorized contact with other Campbell County staff regarding the RFP may result in the disqualification of the offeror.

6. BID SECURITY: The amount and type of bid security is stated in the invitation to bid.

The required security must be in the form of a certified or bank cashier's check made payable to the Owner or a bid bond issued by a surety licensed to conduct business in the state where the project is located and named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. The bid security of the successful bidder will be retained until he/she has executed the agreement and furnished the required contract security, whereupon it will be returned; if he/she fails to execute and deliver the Agreement and furnish the required Contract Security within ten (10) days of the Notice of Award, the Owner may annul the Notice of Award and the Bid Security of that bidder will be forfeited. The Bid Security of any bidder whom the Owner believes to have a chance of receiving the award may be retained by Owner until the seventh day after the executed agreement is delivered by Owner to Contractor. Bid Security of other bidders will be returned within seven days of Owner's acceptance of winning bid.

7. CONTRACT TIME: The number of days for the completion of work (the Contract time) is set forth in the Form of Proposal and will be included in the executed agreement.

8. SUBCONTRACTORS, ETC.:

8.1 If the Supplementary Conditions or Specifications require the identity of certain Subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent low bidder and any other bidder so requested, will within seven (7) days after the day of the bid opening submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each subcontractor, person and organization if requested by Owner.

If Owner, after due investigation, has reasonable objection to any proposed subcontractor, other person or organization, Owner may, before giving the Notice of Award, request the apparent low bidder to submit an acceptable substitute without an increase in his/her bid price before the bid will be considered. If the apparent low bidder declines to make any such substitution, he/she will not thereby sacrifice his/her bid security. Any subcontractor, or other person or organization so listed and to whom Owner does not make written objection prior to the giving Notice of Award will be deemed acceptable to Owner.

8.2 Contractor shall not be required to employ any subcontractor, other person or organization against whom they have reasonable objection.

9. BID FORM:

9.1 Bid forms must be completed in ink or by typewriter. The bid price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence.

9.2 Bids by corporations must be executed in corporate name by the president, vice-president, or other corporate officer authorized to sign. The corporate address and state of incorporation shall be shown below the signature.

9.3 Bids by partnership must be executed in the partnership name and signed by a partner.

His/her title must appear under his/her signature and the official address of the partnership must be shown below the signature.

9.4 All names must be typed or printed below the signature.

9.5 The bid shall contain an acknowledgment of receipt of all addenda (the numbers of which shall be filled in on the bid form).

10. BIDDING CONDITIONS:

All formal bids submitted shall be binding for ninety (90) calendar days following the bid opening date. Owner reserves the right to reject any and all bids, in whole or in part, to waive any and all informalities, and to delete items prior to making the award. Owner may, in its sole discretion, release any bid and return the bid security prior to the ninetieth (90th) day.

11. AWARD OF CONTRACT:

11.1 Owner reserves the right to reject any and all bids and waive any and all informalities, and the right to disregard all nonconforming or conditional bids or counter proposals.

11.2 In evaluating bids, Owner shall consider the qualifications of the bidders, including references, proposed design and equipment, whether or not the bids comply with the prescribed requirements, and alternates and unit price if requested in the bid forms. Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons and organizations must be submitted as specified in the Supplementary Conditions or Specifications. He may conduct such investigations as he deems necessary to establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the contract documents to Owner's satisfaction within the prescribed time. Owner reserves the right to reject the bid of any bidder who does not pass such evaluation to Owner's satisfaction, in the sole discretion of Owner.

11.3 If a contract is to be awarded, it will be awarded to the lowest responsive and responsible Offeror as determined in accordance with the provision of the Virginia Public Procurement Act.

11.4 If the contract is to be awarded, Owner will give the apparent successful bidder a Notice of Award within sixty (60) days after the day of the bid opening.

11.5 Simultaneously with delivery of the executed counterparts of the agreement to Owner, Contractor shall deliver to Owner the required Contract Security.

12. AGREEMENT, BONDS AND CERTIFICATES OF INSURANCE:

12.1 Within ten (10) days after Notice of Award, the contractor agrees to execute the Form of Agreement included as one of the Contract Documents, and to furnish a Performance Bond in an amount equal to 100% of the Contract amount and a Labor and Material Payment bond in an amount equal to 100% of the Contract amount. Certificates of Insurance shall accompany the required bonds. If no contract is executed, the terms of this Request for Bids, Specifications, and contract documents shall control.

The form of agreement contained herein is a specimen only and is subject to final approval by the Campbell County Board of Supervisors Attorney.

13. Contractor will be required to certify compliance with Virginia Code §22.1-296.1 per the attached affidavit

14. PROPOSAL SUBMITTAL:

Bids shall be marked "CCADM 012-FY24; “Architectural & Engineering Services-Seneca Park " and will be received via UPS, FedEx or hand carried at the Central Purchasing Office, First Floor, Haberer Building, 47 Courthouse Lane, Rustburg, Virginia until 2:00 P.M., local prevailing time, Thursday, June 13, 2024.

15. SPECIFICATIONS/BID AWARD FORM:

All bids must be submitted on the Bid Proposal Form provided and must be signed in ink in the proper places by an authorized officer of the company.

16. SUBMITTAL FORMS:

Completely filled out bid forms included signed by an authorized representative of the company:

o Attachment A: Contractor Reference Sheet o Attachment B: Contractor Bid Qualification Certificate o Attachment C: SCC Requirement per the Virginia Public Procurement Act o Attachment D: Bid Award Forms (Duplicate) o Attachment E:Affidavit Certifying Compliance with § 22.1-296.1, Code of

Virginia o Attachment F: Signature Form

17. LATE BIDS AND WITHDRAWAL OF BIDS:

A written request for a withdrawal of a bid or any part thereof will be granted if received by the County prior to the specified bid opening. Formal bids, amendments thereto or requests for withdrawal of bids will not be considered if received after the time of the bid opening, unless allowed pursuant to Va. Code § 2.2-4330.

All formal bids submitted shall be binding for ninety (90) days calendar days following the bid opening date.

18. AWARD OF CONTRACT:

Multiple awards may be made if it is determined to be in the best interest of CC. Should CC determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror.

19. WORKMANSHIP.

Bidders will be required to provide at least three (3) references of similar sized and scoped contracts during the past eighteen (18) months. The bidder is required to complete and submit with the Bid Proposal/Award Form and the Contractor Reference Sheet.

With regard to this contract, CC or their designated representatives will determine acceptability of all work and/or services performed. If the work and/or services are not acceptable, the Contractor will be called in to review and correct all problem areas without additional cost to CC. Upon notification by CC or their designated representatives, the Contractor will affect repairs to deficient work and/or services in accordance with a schedule jointly agreed upon.

CC reserves the right to make unannounced periodic inspections of the work in progress.

20. Work Performance The work to be done under this contract includes but is not limited to the providing of all labor, materials, supervision, equipment, services, fuel, oil, incidentals, and related items necessary to complete the work in accordance with this specification and scope of work.

All work being performed for and/or on Campbell County property shall fully conform to all local, state, and Federal safety regulations.

SUPPLEMENTAL TERMS

These Supplementary Conditions are to supplement, modify or extend the provisions of the

General Conditions to the extent hereinafter indicated.

INSURANCE:

The Contractor shall provide CC a certificate of insurance indicating the insurance coverage outlined in the Term and Conditions, Item#24. CC shall be named as additional insured. The insurance company needs to be identified for each coverage. The certificates are to be signed by a person authorized by the insurance company to bind coverage on its behalf.

All insurance shall be written by insurance companies licensed to do business in the

Commonwealth of Virginia. The insurance company must have an A.M. Best rating of A- or better.

Insurance provided in response to this proposal shall not contain language that allows defense costs to be subtracted from amounts available as coverage to the County in the event of a claim, without alternative arrangements satisfactory to the County, to include a personal guarantee of the insured Contractor and a financial statement.

APPLICATION FOR PAYMENT:

The Owner agrees to pay to the Contractor for the satisfactory performance of the Agreement, subject to such additions and deductions as are provided for in the specifications, in lawful money of the United States in conformity with the Schedule of Bid Items and according to the following method and schedule. Upon satisfactory completion of all work and testing under this Agreement and its acceptance by the Owner and upon submission by the Contractor of satisfactory evidence that all payroll, material bills, damage claims, and any other costs or claims whatever, incurred by the Contractor have been paid, the Owner shall make final payment within a period of forty-five (30) days following receipt of invoice, of all monies accrued and due to the Contractor.

ANTITRUST:

By entering into a contract, the offeror conveys, sells, assigns, and transfers to Campbell County all rights, title, and interest in and to all causes of the action it may now or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by Campbell County under said contract.

DEBARMENT:

Vendors that participate in Invitations for Bids, Request for Quotes, and Request for Proposals are required to complete the Contractor Bid Qualification Sheet as part of the required documentation. This is to certify that this person/firm/corporation has not been barred from bidding on contracts by any governmental entity/agency in the Commonwealth of Virginia, nor is this person/firm/corporation a part of any firm/corporation that has been barred from bidding on contracts by any governmental entity/agency in the Commonwealth of Virginia.

Prior to making purchases from a vendor the County Purchasing Agent is required to check the Excluded Party List on Sam.gov to see if any prospective contractor or vender is barred from receiving government funds.

ETHICS IN PUBLIC CONTRACTING:

By submitting their proposals, the Offeror certifies that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer, or subcontractor in connection with their proposal, 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.

The provisions contained in §§ 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 the County. A copy of these provisions may be obtained from the Purchasing Agent upon request. The above-stated provisions supplement, but do not supersede, other provisions of law including, but not limited to, the Virginia State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.), the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.) and Articles 2 and 3 of Chapter 10 of Title 18.2. The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the Virginia State and Local Government Conflict of Interests Act.

Please see “Attachment A” for STANDARD FORM OF CONTRACT

BETWEEN THE COUNTY OF CAMPBELL, VIRGINIA AND CONTRACTOR

SUPPLEMENTARY CONDITIONS

1. SCOPE: These Supplementary Conditions are to supplement, modify or extend the provisions of the General Conditions to the extent hereinafter indicated.

2. "OR EQUAL” CLAUSE - SUBSTITUTION OF MATERIALS: Catalog numbers, specific names and brands used in connection with materials and equipment mentioned in the specifications, are used to establish the minimum standard for quality, capacity, construction, performance, appearance, size, arrangement and general utility, including features of economic operation.

Equipment and materials herein specified have been selected on the basis of design criteria, performance requirements and the standards outlined above, but, so as not to limit competition, other equipment or minimum standards will be approved as substitutes by the Owner if equality can be and is satisfactorily substantiated by written evidence, drawings, samples and other data submitted to the Owner by the Contractor.

Should such substitutions be approved by the Owner, it shall be understood and agreed that the cost of any changes made necessary or caused through substitution, shall be borne by the Contractor.

All substitutions must be submitted at least seven (7) days before Bid due date. A list of all approved substitutions will be included in an addendum. No considerations will be given to substitutions after opening of bids.

3. BONDS: The Contractor shall secure and provide such bonds as called for under

Article 6 and 12 of the Instruction to Bidders. All bonds shall be written by sureties or insurance companies licensed or authorized to do business in Virginia and all performance bonds shall be countersigned by an authorized agent of the surety licensed to transact business in this State.

4. CHANGE ORDERS: It is to be understood that no amount, in part or in whole, of a

Change Order shall be included in a Requisition for Payment by the Contractor until the Change Order has been executed and copies of the Change Order have been distributed to the parties.

5. PROCEED ORDERS: A Proceed Order is an instrument whereby the Owner may promptly order changes in the work involving changes in cost and/or contract time, pending preparation and execution of a formal Change Order, so as to avoid delay in the construction work. Application for payment for work authorized by the Owner in a Proceed Order shall only be made subsequent to execution of a formal Change Order.

6. WRITTEN PROPOSAL: Without further request and within seven (7) days of the date of issue of a Proceed Order, the Contractor shall submit a written proposal covering the work authorized in the Proceed Order so that a Change Order may be prepared for execution.

7. ORDER TO PROCEED: In the event the Owner, through the Contract Agent or his

Designee, requests the Contractor to submit a Change Order proposal for changes in contract work, the Contractor shall submit such a proposal in accordance with contract requirements within a reasonable time, as stipulated in such request. If the Contractor fails to submit said proposal within the time limit so stipulated, the Owner shall have the right to issue to the Contractor, through the Contract Agent or his Designee, an Order to Proceed with the required changes for an additional amount not to exceed, or a deduction of not less than the amount shown in the order; provided, however, in the event the Contractor is not in agreement with the amount stipulated in the Order to Proceed, he shall, within fourteen (14) days after the date of said work order, submit to the Contract Agent or his Designee an equitable proposal and develop with the Owner and/or Contract Agent or his Designee, a mutually acceptable price for the required change in work.

8. SUBCONTRACTORS: Contractor shall require his/her subcontractors to provide insurance coverage identical to that specified above and each respective division of work if requested by the Owner.

9. EXTENSION OF TIME: DAMAGES FOR DELAYS: If the Contractor fails to complete the work within the time fixed by the contract for the completion of the same, the Contractor shall be liable to the Owner in the amount set forth in the specifications as fixed, agreed and liquidated damages for each calendar day of delay until the work is completed, or if liquidated damages are not so fixed, for any actual damage occasioned by such delay.

GENERAL TERMS, CONDITIONS, AND INSTRUCTIONS

These general rules and conditions shall apply to all purchases and be a part of each solicitation and every contract awarded by Campbell County, unless otherwise specified. In the event there is a conflict between any of these General Terms and Conditions and any Special Terms and Conditions of the contract, the Special Terms and Conditions shall apply.

The Central Purchasing Office is responsible for the purchasing activity of Campbell County.

The term “Owner” as used herein refers to the contracting entity which is the signatory on the contract and may be Campbell County or Campbell County Board of Supervisors. The Bidder 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 own risk and except as provided by law.

All solicitations issued and contracts awarded by the County are governed by the provisions of the Virginia Public Procurement Act as set forth in the Code of Virginia.

1. COMPETITION INTENDED: It is the Owner’s intent that this solicitation permits competition. It shall be the Bidder’s responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof inadvertently restricts or limits the requirements stated in this solicitation to a single source. The Purchasing Agent must receive such notification not later than ten (10) business days prior to the deadline set for acceptance of the bids.

2. CLARIFICATION OF TERMS: If any Bidder has questions about the specifications or other solicitation documents, the prospective Bidder should contact the Central Purchasing Office no later than five (5) business days prior to the date set for the opening of bids. Any revisions to the solicitation will be made only by addendum issued by Central Purchasing.

Oral or other interpretations or clarifications will be without legal effect.

3. IDENTIFICATION OF BID ENVELOPE: The signed bid and requested copies should be returned in a separate envelope or package, sealed and identified with the following information:

ADDRESSED AS INDICATED IN THE SOLICITATION DOCUMENTS

BID NUMBER

TITLE OF INVITATION FOR BID

BID DUE DATE AND TIME

VENDOR NAME AND COMPLETE MAILING ADDRESS (return address)

If a bid is not addressed with the information as shown above, the Bidder takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the bid to be disqualified. Bids may be hand delivered to the Central Purchasing Office. No other correspondence or other proposals should be placed in the envelope.

4. MANDATORY USE OF OWNER FORM AND TERMS AND CONDITIONS: If requested in the solicitation, failure to submit a bid on the official Owner form provided for that purpose shall be a cause for rejection of the bid.

5. LATE BIDS: Any bid received at the Central Purchasing Office after the exact time specified for receipt of the bid is considered a late bid.

The Owner is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private carriers or the inter-office mail system. It is the sole responsibility of the Bidder to ensure their bid reaches the Central Purchasing Office by the designated date and hour.

Late bids will be returned to the Bidder unopened, if solicitation number, acceptance date and Bidder’s return address is shown on the container.

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

6. BID OPENING: All bids will be opened at the time and place specified and read publicly.

7. ADDENDA: By submitting a bid, the Bidder certifies that (i) he has made due inquiry of the

Owner as to the existence of any addenda issued in connection with the bid solicitation documents, (ii) he is satisfied that he has received any and all such addenda and he has taken the contents thereof into consideration when preparing and tabulating his bid; and (iii) he accepts full and complete responsibility for the receipt of any and all such addenda and waives any claim of mistake or error in his bid based upon his failure to have received any one or more addenda.

8. MODIFICATION OF BIDS: Unauthorized modification of, or any additions to any portion of the Invitation to Bid may be cause for rejection of the bid.

9. WITHDRAWAL OF BIDS: A Bidder for a contract other than for public construction may request withdrawal of his bid under the following circumstances:

a. A written request for a withdrawal of a Bid or any part thereof will be granted if received by the Owner prior to the specified bid opening date and time.

b. Requests for withdrawal of bids after opening of such bids but prior to award shall be transmitted to the Purchasing Agent, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of the error. Such documentation may take the form of supplier quotations, vendor work sheets, etc. If bid bonds were tendered with the bid, the Owner may exercise its right of collection subject to the provisions of §2.2-4330 of the Code of Virginia.

c. No Bid may be withdrawn under this paragraph 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. In the case of an Invitation for Bid, if a bid is withdrawn under the authority of this paragraph, the lowest remaining bid shall be deemed to be the low bid. 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 whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn Bid was submitted.

10. ERRORS IN BIDS: When an error is made in extending total prices, the unit bid price will govern. Erasures in Bids must be initialed by the Bidder. Carelessness in quoting prices, or in preparation of Bid otherwise, will not relieve the Bidder. Bidders are cautioned to recheck their bids for possible error. Errors discovered after public opening cannot be corrected and the bidder will be required to perform if his or her bid is accepted, except as provided in paragraph 9 hereof. When an error is made in the transferring of dollars to written words, the written word will govern.

11. PUBLIC INSPECTION OF BIDS: All submitted bids, accompanying data, materials or documentation will become the property of the Owner and will be subject to public inspection in accordance with the Virginia Freedom of Information Act; however, the bidder must invoke the protections of §2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary.

Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of § 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); however, the bidder, offeror or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.

Failure to abide by the procedure in this subsection may result in disclosure of the offeror’s information.

12. TAX EXEMPTION: The Owner is exempt from the payment of any federal excise or any

Virginia sales tax. The bid price must be net, exclusive of taxes. Tax exemption certificates will be furnished by Campbell County on request.

13. COUNTY BPOL LICENSING: All firms with a business location in Campbell County are required to be licensed in accordance with the County’s “Business, Professional, and Occupational Licensing (BPOL)” Tax Ordinance. Questions concerning BPOL Tax should be directed to the Office of the Commissioner of the Revenue, telephone 434-332-9518.

SPECIFICATIONS

14. BRAND NAME OR EQUAL ITEMS: Any specific make, manufacturer or brand, names used in connection with articles mentioned in the specifications are used to convey the general style, type, character, and quality of the article desired. The Owner may consider other brands as substitutes if written evidence and other data submitted to the Owner by the vendor can satisfactorily substantiate equality. The Owner’s representative shall be the sole determining authority as to quality, workmanship, and suitability of purpose. The Bidder is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Owner to determine if the product offered meets the requirements of the solicitation.

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. PRODUCT EVALUATION: The Owner reserves the right to conduct any test it may deem advisable to establish that the products and/or services offered are in accordance with the contract requirements. The Owner reserves the right to reject the bid of any Bidder who does not pass such evaluation to the Owner’s satisfaction.

16. FORMAL SPECIFICATIONS: When a solicitation contains a specification which states no substitutes, no deviation therefrom will be permitted and the bidder will be required to furnish articles in conformity with that specification.

17. OMISSIONS & DISCREPANCIES: Any items or parts of any equipment/product list in the solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment/product and its appurtenances, shall be considered a part of such equipment/product 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.

18. CONDITION OF ITEMS: Unless otherwise specified in the solicitation, all items shall be new, in first class condition.

19. AWARD OR REJECTION OF BIDS:

a. The Owner shall award the contract to the lowest responsive and responsible bidder complying with all provisions of the RFP provided the bid price is within funding available for the project.

b. The Owner reserves the right to reject any and all bids, in whole or in part, to waive any and all informalities, whenever such rejection or waiver is in the best interest of the Owner.

20. QUALIFICATIONS OF BIDDERS: The Owner may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder to perform the work/furnish the item(s) or services, and the Bidder shall furnish to the Owner all such information and data for this purpose as may be requested. The Owner reserves the right to inspect Bidder’s physical facilities prior to award to satisfy questions regarding the Bidder’s capabilities. The Owner further reserves the right to reject any bid if the evidence submitted by or investigations of such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein, in the sole judgment of the Owner.

21. STANDARDS OF CONTRACT: The Owner reserves the right to cancel and terminate a contract at any time, at the convenience of the Owner. Repeated delays 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 contract. Upon receipt of notice of termination, the Contractor shall cease all deliveries or services unless advised by the Owner to do otherwise. In the event of termination, the contractor shall be compensated for those deliveries or services provided to the satisfaction of the Owner as of the date of termination as the sole remedy for cancellation.

22. AVAILABILITY OF FUNDS: Award and contract are conditioned upon appropriation and availability of funds from year to year. If sufficient appropriation and funding is not available, Campbell County may terminate the contract without penalty, cost or damage payment.

23. NEGOTIATIONS WITH LOWEST RESPONSIBLE BIDDER: Unless cancelled or rejected, a responsive bid from the lowest responsible bidder will be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds. The negotiation will be undertaken under conditions and procedures described in writing and approved by the Owner prior to issuance of the RFP.

24. INSURANCE: If requested in the solicitation, the Contractor shall secure and provide insurance in at least the following amounts:

Automobile Liability Insurance: $1,000,000 combined single limit

General Liability Insurance: $1,000,000 occurrence limit, $2,000,000 general aggregate

Professional Liability (if appropriate): $1,000,000 occurrence limit, $2,000,000 aggregate

Workers’ Compensation Insurance at statutory limits as required under the Virginia Workers’ Compensation Act.

Within 15 days after Notice of Award, the Contractor agrees to furnish a Certificate of Insurance naming Campbell County as additional insured.

All insurance shall be written by insurance companies licensed to do business in the Commonwealth of Virginia. The insurance company must have an A.M. Best Rating of A- or better. The insurer shall provide 30 days written notice to Campbell County before any cancellation or non-renewal of insurance coverage.

25. INDEMNITY: The contractor shall indemnify and hold harmless Campbell County, 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 Campbell County 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 unless resulting from the sole negligence of Campbell County or its officers, boards, commissions, agents or employees.

Campbell County will not indemnify the contractor.

26. PAYMENT TERMS: Unless otherwise provided in the solicitation, payment will be made thirty (30) days after receipt of a proper invoice, or thirty (30) days after receipt of all goods or acceptance or work, whichever is later.

27. PAYMENT TO SUBCONTRACTORS: Pursuant to the terms of Va. Code 2.2-4354, any contractor on a construction contract to be liable for the entire amount owed to any subcontractor with which it contracts. Such 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 promised to the subcontractor under the contract, the contractor shall notify the subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment. 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 receiving payment for amounts owed to that contractor. Any provision in a contract contrary to this section shall be unenforceable.

Within seven days after receipt of amounts paid to the contractor by Campbell County for work performed by the subcontractor under the contract the contractor must either:

a. Pay the subcontractor for the proportionate share of the total payment received from the agency attributable to the work performed by the subcontractor under that contract; or

b. Notify the agency and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.

The contractor shall pay interest to any of its subcontractor on all amounts owed by the contractor that remain unpaid after seven days following receipt by the contractor of payment from Campbell County for work performed by the subcontractor under that contract, except for amounts withheld as allowed in subparagraph b. above. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month and the contractor 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.

28. RETAINAGE IN CERTAIN CONSTRUCTION CONTRACTS: Pursuant to the terms of Va. Code 2.2-4334, in any contract of $200,000 or more for construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, and the installation of water, gas, sewer lines and pumping stations where portions of the contract price are to be retained, the contractor may elect, in writing, to use an escrow account procedure for utilization of Campbell County’s retainage funds. In the event the contractor elects to use the escrow account procedure, an escrow agreement shall be executed and submitted to Campbell County within fifteen calendar days after notification of bid acceptance. If the escrow agreement form is not submitted within the fifteen-day period, the contractor shall forfeit his rights to the use of the escrow account procedure.

29. CHANGES TO THE CONTRACT:

a. During performance of the contract, the parties may agree to modify the scope of the contract. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

b. The Owner may order changes within the general scope of the contract at any time by written notice to the Contractor.