2024-05 RFP for On-Call Electrical Services.pdf

COUNTY OF FLUVANNA, VIRGINIA

Request for Proposals (RFP) #2024-05

Electrical Services (On-Call)

Issue Date: February 5, 2024

Due Date: February 27, 2024 at 2 p.m. local time

Procurement Contact:

County of Fluvanna

Steve McVey, Purchasing Officer

132 Main Street

P.O. Box 540

Palmyra, VA 22963

Ph: (434) 591-1937

Email: smcvey@fluvannacounty.org

Issuing Department/ Technical Contact:

County of Fluvanna

Department of Public Works

Attn: Calvin Hickman

197 Main Street

Palmyra, VA 22963

Ph: (434) 591-1925

Email: calvin.hickman@fluvannacounty.org

All sealed proposals shall be turned in no later 2:00 p.m. local time, February 27,2024. All Proposals that are delivered via mail or are hand delivered must be addressed to the “Procurement Contact” listed above. Any Proposals that are turned in late will be rejected and returned unopened. Any

Proposals sent in via facsimile, telephone, or email shall not be considered.

Proposal documents may be picked up at the Fluvanna County Department of Finance located at 132 Main

Street, 2nd floor, Palmyra, VA 22963 or by clicking on the following link:

http://www.fluvannacounty.org/services/finance/procurement/solicitations.

1. PURPOSE

A. Fluvanna County, a political subdivision of the Commonwealth of Virginia (the “County”) and the Fluvanna County Board of Supervisors (the “Board”) is issuing this Request for Proposal

(“RFP”) to establish a term contract with a qualified, licensed, and insured “Offeror(s)” (also interchangeably referred to herein as “Contractor(s)”) to provide as needed on-call electrical services from time to time (the “On-Call Services”, as hereinafter defined more specifically).

The Contractor shall have the necessary expertise to perform such On-Call Services as described within this solicitation.

B. The intent and purpose of this RFP is to establish a multi-term contract with one or more qualified sources to provide electrical services on an on-call, as needed basis, as specified herein.

2. GENERAL INFORMATION

A. Fluvanna County is centrally located in the heart of Virginia, 120 miles south of Washington, D.C., 60 miles west of Richmond, VA, and 25 miles southeast of Charlottesville, VA. The

County encompasses a land area of 282 square miles and is bound by interstate 64 to the north and by the James River to the south. As of July 2021, the County had an estimated population of 27,723.

B. By submitting a Proposal hereto, the Offeror agrees that it is familiar with the County offices, buildings, and properties (leased or owned by the County or any County departments or office) mailto:smcvey@fluvannacounty.org mailto:calvin.hickman@fluvannacounty.org http://www.fluvannacounty.org/services/finance/procurement/solicitations generally and is satisfied as to the general, local, and other conditions that may affect cost, progress, and performance of the On-Call Services.

C. “Applicable Law(s)” as used in this RFP means all applicable Federal, Commonwealth of

Virginia or local laws, ordinances, statutes, rules, regulations, standards, or similar criteria, including without limitation the regulations of the Uniform Statewide Building Code and

Occupational Safety and Health Administration regulations.

D. Any resulting Contract shall be for an initial term of one (1) year, with two (2) additional 1-year renewal terms exercisable in the County’s sole discretion. Such annual renewals shall be exercised automatically by the County without notice to the Contractor annually at each contract-year anniversary. The County may elect not to renew at any time for the next renewal year by providing notice to the Contractor prior to the start of such renewal of its intent not to renew. The initial term and all renewals exercised by the County are referred to herein collectively as the “Term”.

3. STATEMENT OF WORK

A. On-Call Services: The County desires to purchase certain as-needed on-call electrical services and related as-needed task-based maintenance, installation, repair and emergency services

(collectively referred to as the “On-Call Services” or “Services”) with such On-Call Services to be performed at any of the Covered Property as defined in Section 3(I) below and as more specifically set out in RFP. The County requests Proposals from experienced qualified licensed insured responsible firms for the On-Call Services as more specifically set forth herein and consistent with Applicable Law. All On-Call Services must be performed in accordance with Applicable Law.

B. Contractor General Responsibilities: The Contractor shall provide all labor, services supervision, equipment, tools, materials and incidentals required to complete and satisfactorily perform various On-Call Services including any electrical service projects as identified by the

County’s representative. On-Call Services include, but are not limited to the following:

i. Troubleshoot, repair, and install electrical devices and equipment.

ii. Troubleshoot, install and/or replace lighting, wiring, heat-trace, switches and/or outlets per the National Electric Code (NEC).

iii. Troubleshoot, replace, assemble and/or install various control panels, emergency generator switch gear and provide technical advice to the County regarding various facility electrical systems.

iv. Troubleshoot, provide, replace and/or install control and logical equipment such as limit switches, counters, timers and relays.

v. Limited design related to sizing and specifying wiring, conduit and other components.

vi. Troubleshoot, install, replace and repair circuit breakers and motor controller systems for systems up to and including 3-phase 480V.

C. Contractor Performance Responsibilities: At a minimum, the Contractor should meet the following performance standards.

i. The On-Call Services shall be performed as-need and as-requested by the County based on Task Orders issued during the term which shall begin on the Effective Date under the Contract and continue for the Term.

ii. The Contractor should acknowledge to the County’s request for service within 24 hours of notification of a request for Service. In cases of emergency, work must begin on the emergency Services within 24 hours of notification of a request for Service.

iii. The Contractor shall provide the County with a written estimate of the promulgated work and receive written approval to proceed (each a “Task Order”) before initiating any work which Task Order shall meet the requirements of Section 3(F). Contractor(s) shall review safety plans with County prior to beginning any work. The Contractor(s) shall coordinate all work with the County to minimize site disturbance and service impacts.

iv. The Contractor shall begin work within three (3) business days of the County’s issuance of the Task Order, except in cases of emergency where work must begin within twenty-four (24) hours of issuance of a Task Order (except as otherwise scheduled with County approval). “Work must begin” as used in this section means response on-site by the Contractor and the Contractor actively diligently pursuing the

Services related to the emergency issue. The County shall determine in its reasonable discretion whether an emergency exists.

v. The Contractor shall be solely responsible for obtaining any necessary permits to perform any particular task related to any Services at the Contractor’s sole cost and expense.

vi. Contractor(s) shall ensure that any required dig alerts are complete and have the area marked by Miss Utility in advance of performing any digging. Where digging is required, the Contractor shall contact Miss Utility within 24 hours of issuance of the

Task Order.

vii. The Contractor shall possess the appropriate contractor’s license with the specific specialty services as recognized by the Virginia Board for Contractors, Department of

Professional and Occupational Regulation to perform the On-Call Services.

viii. The Contractor shall be in compliance with and shall be responsible for providing quality electrical Services in accordance with Applicable Law, industry standards, Codes, plans, directions and instruction as provided by the County’s representative for each task.

ix. All Services, equipment, materials, and installation work provided shall conform to

Applicable Law and the Virginia Uniform Statewide Building Codes, National

Electrical Code, OSHA and the specifications of this solicitation and the applicable

Task Order.

x. Time charged to a task shall ONLY be for the actual time spent on the job. Travel time, break time, mileage and overhead costs shall not be billable for any task.

xi. Invoices for materials provided by the Contractor shall be solely limited to the actual invoice cost for the materials or equipment provided by the Contractor and used for the task. The Contractor is prohibited to add or bill the County with any overages, up-charges, mark-ups, or cost-plus charges for any material or equipment. The costs of consumable materials used to complete the work shall be included in the contract labor rates. All costs shall be included in the Task Order and receipts showing vendor purchased, date, description and cost are required for material reimbursement.

xii. For multi-day projects, the County requests that a daily log be submitted which includes details concerning the completed work, labor, materials and costs.

xiii. Contractor(s) shall report any safety concerns, near misses, accidents and injuries related to the work area to the County immediately.

xiv. Contractor(s) shall warrant replace or repair any defective product, materials, installation or services for one (1) year from County’s acceptance of any services hereunder, work or services at no additional cost except for labor costs.

xv. Contractor(s) shall respond to emergency warranty repairs within 24 hours and shall respond to routine warranty repairs within three (3) business days.

xvi. The Contractor shall transfer and assign to the County any and all warranties or similar guarantees for any materials or products provided by Contractor to the County hereunder.

xvii. For each Task Order, Contractor must communicate in advance and coordinate with the County on the performance of the Services and the dates and times work is to be performed.

D. Contractor Experience and Qualifications:

i. Company/Contractor

1. The Contractor should have, at a minimum, a current Class “A” Contractor’s license as issued by the Commonwealth of Virginia Board of Contractors, Department of Professional and Occupational Regulation.

2. The Contractor should have a license to provide the specified electrical services within the Commonwealth of Virginia for a minimum of five (5) consecutive years preceding a submission relative to this solicitation.

3. The Contractor’s firm should have been in business providing similar services promulgated in this solicitation for a minimum of five (5) consecutive years.

ii. Personnel

1. Contractor(s) shall perform all work under the supervision of a qualified master electrician. A qualified master electrician shall be a licensed electrician graduated from an accredited school or program and shall have five (5) years plus experience of practical experience in planning, laying out, supervising the installation and repair of wiring, apparatus, or equipment for electrical components regulated by the Building Code and any other applicable electrical regulations. Offerors shall provide a copy of their Class A Electrical

Contractor certification and a copy of their Master Electrician license.

Contractor(s) shall assure that all employees who will be performing work receive any required training necessary to perform the Services. All helpers, assistants, and apprentices shall operate under the supervision of a journeyman or master electrician. The County reserves the right to review any

Contractor(s) training documentation.

2. Journeyman Electricians provided by the Contractor should have a minimum of three (3) years of experience performing electrical services in accordance with manufacturer’s best practices and must be supervised by a Master

Electrician.

3. Electrician’s Helper has less than three (3) years of experience performing painting services and must be supervised by a Master Electrican.

4. The Contractor’s personnel assigned to the resulting contract should wear appropriate uniforms or attire that, at a minimum, bear the contractor’s company name, the employees name, and shall be maintained in a professional condition at all times.

E. Damage to County Premises: The Contractor shall repair and/or replace any damage done to any County property by their employees or resulting from Contractor’s services as soon as practicable, but in any event, no more than ten (10) calendar days after notification by the

County. All such repairs or replacements shall be completed to the County’s sole satisfaction.

To protect the Contractor, the Contactor shall document any damages in the project area prior to commencing work. This written record shall be provided to the County prior to commencing work.

F. Task Orders for Services: The Contractor shall provide the County with an estimate or proposal for the promulgated On-Call Services work and receive written approval from an authorized representative of the County before initiating any work (each a “Task Order”). The following applies to each Task Order:

i. The Contractor’s Proposal is a part of the Task Order. At a minimum, the Contractor’s proposal shall include the number of labor hours needed, start date and time of work, type of worker, estimated duration of time the Contractor is occupying the job site and the materials required for the work. The Contractor shall not charge the County for their time to inspect the work site and to develop the written estimate. All materials shall be provided by the Contractor to the County at cost without mark-up of any kind.

The County may require a not-to-exceed total cost of On-Call Services for any Task

Order.

ii. Unless otherwise set forth specifically in a Task Order, the Contractor shall respond and begin work within three (3) business days of the County’s issuance of Task Order for On-Call Services except as otherwise specifically set forth in the Task Order and except in cases of emergency where work must begin within twenty-four (24) hours.

iii. Task Orders shall not modify any of the terms of the Contract; and Task Orders must be signed by the County Administrator to be valid and binding on the County. Any

Contract modifications must be approved by the County Board of Supervisors.

iv. The aggregate total cost of all Task Orders issued under any one Contract year during the Term of the resulting Contract are not anticipated to exceed $100,000.00 and shall not exceed $100,000.00 except as permitted under a Contract amendment approved by the County Board of Supervisors and set forth in a written Amendment to the Contracts specifically authorizing a higher aggregate contract year total executed by authorized representatives of each party.

v. The anticipated process should occur as follows:

1. County will request the Contractor to provide a written estimate for the desired

Services that includes the labor categories and labor hour rates anticipated for the work, start date and time of the work, duration of time the Contractor will need to occupy the worksite and complete the work and an estimate of the cost of materials that will be needed to complete the work. The County may request a not-to-exceed cost for the services.

2. The County will review the estimate and issue a written Task Order by e-mail or signed letter to the Contractor if the County finds the terms acceptable and wishes to engage the Contractor to complete the services. At the time the Task

Order is issued, an estimate shall become binding if subject to a not-to-exceed limit unless a change order is approved by the County in writing.

3. The Contractor shall arrive on the job site and begin work on the date and time provided in the Task Order.

vi. The Contractor(s) shall obtain prior written approval for any work that exceeds the work authorization in the Task Order. The County shall not be required to pay

Contractor for any work, services or materials not authorized by a valid Task Order or which exceeds the scope of a Task Order.

vii. By executing a Task Order, the Contractor represents and warrants that the Contractor has visited the project site and is familiar with the site, conditions, and work to be performed. In ordering materials, and performing work on any Task Order, the

Contractor represents and warrants that it has independently verified all dimensions, elevations, grades, pitch, measurements and other conditions which may affect the work on the Task order or the costs of materials and the Contractor is responsible for the correctness of the same. If the Task Order includes any charges for materials, then any left-over or remaining materials shall be offered to the County at project completion and the County may either take such excess materials or request the

Contractor to properly dispose of the same.

G. Invoices: The Contractor shall provide a clear and legible copy of an invoice showing all work performed on any Task Order, indicating the time or arrival and departure at the County facility for each employee performing services, including copies of any material or equipment invoices that denote the Contractor’s cost. The Contractor will be paid on the basis of invoices submitted. Invoices shall include the following: the contract number, Task Order number, work authorization, copies of supplier invoices or inventory list for materials used for project, and total amount due. Invoices shall be submitted to the invoice-to address as specified in the contract under this RFP. Payment will be made forty-five (45) days after receipt of a proper invoice, or forty-five (45) days after receipt of all goods or acceptance and inspection of work by the County, whichever is later.

H. Inspection: The Contactor shall contact the County’s representative at the completion of work in order to verify the time allotted to the Task Order and for inspection of the Services by the

County.

I. Coverage: This RFP includes services at, upon or relating to all facilities, buildings, structures, properties, lands, stages and property owned, leased or possessed by the County or any office or department thereof (the “Covered Property”).

J. Insurance: By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the insurance coverage required at the time the work commences. The Offeror further certifies that the contractor will maintain the specified coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State

Corporation Commission. During the period of the contract the County reserves the right to require the Contractor to furnish certificates of insurance for the coverage from time to time.

K. General: All Services must meet or exceed all requirements and provisions of any resulting

Contract, this RFP, the County’s General Terms and the Proposal from the Contractor. In addition, the Contractor shall provide all maintenance, support, customer, service, trouble-shooting, and warranties for the Services at the labor rates in the Contract. Warranties that extend beyond the Term, and shall survive the termination of any resulting Contract.

L. RATES: The On-Call Services must be billed according to an hourly rate schedule submitted by the Offeror with its Proposal. The attached Pricing worksheet is required to be submitted with all proposals. If emergency, overtime or holiday rates are to be charged during any times such must be specifically disclosed in the Proposal. If any work is to be performed on any

Task Order at overtime or holiday rates such must be specifically disclosed in the Task Order and approved in writing by the County. All work on the Services shall be billed in increments of ¼ hour; or less if that is the Contractor’s standard practice.

M. Key Personnel: The Contractor will designate a Project Manager who will be Key Personnel as defined in the County’s General Terms. The project Manager shall be the day-to-day contact point for the County related to Task Orders and performance of the Services generally.

N. Time is of the Essence: Contractor acknowledges that time is of the essence in regard to all dates for performance of all or any portion of the Services under the resulting Contract.

O. Safety: Contractor shall, at his/her/their own expense, be solely responsible for protecting its employees, sub-Contractors, material suppliers, and all other persons from risk of death, injury or bodily harm arising from or in any way related to the Services or the site where it is being performed (“Work Site”). In addition, Contractor agrees to act in accordance with the rules and regulations administered by Applicable Law, including and without limitation, federal law, CDC and the Virginia Department of Health guidance, and OSHA. Work on a Task Order may be performed indoors in a location in use during the project. The Contractor shall insure the safety of all persons and minimize disruptions to the County and its staff.

4. RESPONSIBILITIES OF OFFEROR

A. At its own expense, the Offeror shall take precautions necessary to protect persons or property against injury or damage and be responsible for any such damage or injury that occurs as a result of its (including its officers, employees, agents, directors, representatives, or other party in its control or under its supervision) act, omission, fault or negligence. This is in addition to, and not intended to limit, any similar provisions of the County’s General Terms (as defined herein).

B. The Offeror will be responsible for 100% of repair or replacement cost for damages caused by its officers, employees, subcontractors, agents, representatives, directors or other persons under its control or supervision. This is in addition to, and not intended to limit, any similar provisions of the County’s General Terms (as defined herein).

5. PROPOSAL FORMAT

A. The County will follow the evaluation process and selection criteria described in this Request for Proposals. In order to provide each Offeror an equal opportunity for consideration, adherence to a standardized proposal format is required. The format of each proposal must contain the following elements organized into separate chapters and sections, as the Offeror may deem appropriate.

B. Cover Letter - Provide a cover letter that confirms the Offeror's understanding of this Request for Proposal, a general understanding of the financing, an overview of the history and qualifications of the firm.

C. Overview – The purpose of this section is to provide the County with an overview of the history, qualifications and abilities of the Offeror’s firm and for the Offeror to demonstrate the specific qualifications of the staff the Offeror will assign if selected. At a minimum, the proposal should:

a. Designate a Project/Account Manager and indicate office location.

b. Include the organization chart, functional discipline, and responsibilities of team members.

c. Project Full Specifications - Please provide full specifications and features of the services offered and a summary of the firm’s approach to the Services. The Offeror should discuss in detail the proposed management and project approach for performing any project awarded during the term of the Agreement.

d. Demonstrated History of Successful Projects - Discuss the Offeror’s ability to work in harmonious, non-adversarial relationships with the County and their agents. The personnel named in the proposal shall remain assigned to the project throughout the period of the contract unless requested to be replaced by the County. If the County requests an individual to be replaced (including any personnel of any sub-contractor), the Offeror shall do so within 30 days of the request, and without any additional charge to the County. No replacement may be made without submission of a resume of the proposed replacement for approval by the County.

e. Proposed Sub-Consultants - The Contractor shall clearly state whether it is proposing to subcontract any of the work herein. The names of all proposed sub-contractors shall be provided to the County and approved by the County in writing. By proposing such firm(s) or individuals, the Contractor assumes full liability for the sub-consultant’s performance. The Contractor shall state the amount of previous work experience with the sub-consultant(s).

f. Addenda: Return the RFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required. By submitting a proposal Offerors certify that all information provided in response to this RFP is true and accurate.

g. Any information thought to be relevant, should be provided as an appendix to the

Proposal of the Offeror to this RFP. If publications are supplied by the Offeror to respond to a requirement, the response should include reference to the document number and page number. Bids not providing this reference may be considered to have no reference material included in the additional documents.

h. Representative Projects: This section of the Offeror’s Proposal should list and describe representative clients currently served by Offeror, and especially projects for other

Virginia agencies, localities, and public bodies. Include a project name and location, brief description of the project, description of the scope of services provided, and principal contact person. The Offeror must include a description of every project it has worked on in the last two (2) years for the Commonwealth of Virginia (including any department or agency thereof) or a Virginia public body such as a Virginia County or

City.

i. References: Provide the current name, address, and telephone number of at least five

(5) references the Offeror has served either currently or in the past three (3) years;

preferably 5 those where one or more of the project team members provided the same or similar services as requested herein. Indicate the Scope of Services provided to each reference.

D. Cost and Effective Cost Control – The Offer should detail the cost for services, a demonstrated history of effective control of costs and ability to accomplish work in a timely manner:

a. INDICATE THE HOURLY RATES FOR ON-CALL SERVICES: OFFERS

MUST INCLUDE A TABLE OR LIST OF HOURLY RATES AND COSTS FOR

SERVICES ON A TIME AND MATERIAL BASIS. HOURLY RATES SHALL

DETAIL ALL LEVELS OF EMPLOYEES INVOLVED. ANNOTATE THE

USUAL TEAM (EMPLOYEE LEVELS, NUMBER OF PERSONNEL, ETC.)

RESPONDING TO A REPAIR CALL. ALL MATERIALS AND EQUIPMENT

USED FOR REPAIR SERVICES SHALL BE AT THE CONTRACTOR’S COST

WITH NO MARK-UP PASSED ALONG TO THE COUNTY.

ADDITIONALLY, THE OFFEROR IS TO IDENTIFY ANY ADDITIONAL

COSTS THAT COULD BE INCURRED BY THE COUNTY SUCH AS FOR

SERVICES REQUIRED AT NIGHTS, WEEKENDS OR FOR

EMERGENCIES.

b. Indicate any pricing information relevant to parts required for On-Call Services.

c. Indicate any other information relating to pricing, equipment or material costs.

d. Describe the Offeror’s cost control methodology.

e. Describe the approach for reducing costs of Services.

f. Describe the documentation, tracking and reporting system.

g. Describe the program for quality control.

E. Forms: All forms required to be submitted under this RFP must be included in the Proposal as an Appendix.

i. Certificate of No Collusion

ii. Offeror Statement

iii. Proof of Authority to Transact Business in Virginia

iv. Offeror Data Sheet

F. The County is not responsible for failure to locate, consider and evaluate qualification factors presented outside this format.

G. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. If necessary, the County will schedule the time and location of these presentations. Oral presentations are an option of the County and may or may not be conducted.

H. Incurred Expenses: The County will not be liable for any cost incurred by Offerors in preparing and submitting proposals. Offerors may not collect proposal preparation charges from the

County as a result of cancellation of this RFP or failure to be awarded a contract under this

RFP.

I. Ownership of Proposals: Ownership of all data, materials, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Freedom of Information Act. Any proprietary or trade secrets material submitted must be identified as such, and must indicate the specific words, figures, or paragraphs specifically, and with a reason why such material is proprietary or a trade secret. The classification of an entire proposal document, individual pricing or total proposal prices is not acceptable and will result in rejection and return of the proposal.

6. SUBMITTAL INSTRUCTIONS

A. RFP Questions: Address questions concerning this RFP to the Procurement Contact listed on page 1 of this RFP. Offerors shall submit any questions in writing. Written responses, including the questions, will be posted with the RFP. Questions will not be accepted after 10 a.m. local time on February 19, 2024.

B. Each Offeror must submit one (1) original hard copy, 3 copies, and one (1) electronic copy of its proposal on CD ROM, DVD, or USB flash drive/memory stick.

C. An authorized representative of the Offeror shall sign proposals. All information requested should be submitted. Failure to submit all information requested may result in the County, requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the County.

D. All forms attached to this RFP must be fully completed, executed by the Offeror and returned as a part of Offer’s Proposal.

E. Offers shall be prepared simply and economically, providing a straight forward, concise description of firm’s capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

F. Proposals should be organized in the order in which the requirements are presented in the RFP.

All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph of the corresponding section of the RFP. It is also helpful to repeat the text of the requirement as it appears in the RFP.

G. Each proposal shall be in writing and received in hard copy by the deadline. Oral proposals, proposals received by telephone, fax, telegraph, or email shall be rejected.

H. Cost will be considered in evaluating the Proposals.

7. EVALUATION CRITERIA

A. All Proposals received shall be evaluated based upon the evaluation criteria listed below.

i. Costs and Hourly Rates 25 pts

ii. Qualifications of Firm / Experience 30 pts

iii. Representative Projects and Project Approach 10 pts

iv. Proximity and Availability to the County 20 pts

v. References and Successful Projects 15 pts

B. The County may arrange for discussions with Offerors submitting Proposals for the purpose of obtaining additional information or clarification if needed.

C. The Selection Committee may make such reasonable investigations as it deems proper and necessary to determine the ability of the Offeror to perform the work.

D. The County reserves the right to make such additional investigations as it may deem necessary to establish competency and financial stability of any Offeror. If, after the investigation, the evidence of competency and financial stability is not satisfactory, in the sole opinion of the

County, the County reserves the right to reject the Proposal.

E. The County reserves the right to have any consultant(s) of its choosing serve on the evaluation committee or advise the evaluation committee with respect to responses to this RFP and information will be shared with any such consultant(s).

8. AWARD OF CONTRACT

The award(s) shall be based on the Offeror(s)' ability to meet all RFP requirements and the right is reserved to make the award to other than the lowest priced Offeror when it is in the best interest of the County and consistent with the Virginia Procurement Act, the County’s Code, the County’s

Procurement Policies and Procedures and other applicable law. The provisions set forth herein are for contractual goods/services rendered to the County of Fluvanna, Virginia and this solicitation in done under Virginia Code Section 2.2-4302.2(A)(3) as a competitive negotiation for goods and/or nonprofessional services. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposal, including price. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered but need not be the sole or primary determining factor. After negotiations have been conducted with each offeror so selected, the public body shall select the offeror(s) which, in its opinion, have made the best proposals and provides the best values, and shall award the contract to those offeror(s).

The County’s General Terms, Conditions, and Instructions to Bidders and Contractors (the

“General Terms”) are attached hereto and incorporated herein by reference as Appendix I. These provisions bind all Offerors. Further, the conditions and requirements of this RFP, including, but not limited to, County’s General Terms, Conditions, and Instructions to Bidders and Contractors, are a material part of any contract awarded between the County and the successful Offeror(s).

Awards shall be made to as many Offerors as deemed necessary to fulfill the anticipated requirements of the County. The County may award contracts to multiple Offerors and use their services for some or all of the services identified herein. The Services described herein relate to multiple tasks and a Task Order shall be issued for each Services task. A Task Order shall include such services as the County deems properly grouped together. The County may choose not to award a contract under the RFP; and also the County may choose not to award a Task Order for any individual Task Order for any or all of the Services described herein.

If award is made to multiple contractors, then the following provisions will be in each such

Contract. Whenever possible, the County will seek written estimates from each contractor under contract issued pursuant to this RFP and the County will award the Task to the responsive and responsible contractor able to complete the task for the lowest estimated price. A contractor who does not respond to the request for an estimate within three (3) business days or whose proposal/estimate is not responsive (for example, and without limitation, Contractor does not meet the required schedule for the task) may be deemed not to have provided an estimate to the County for such specific task. In cases of emergency, the County may work with the Contractor who is the quickest to respond and who is able to perform the work on the task.

Appendix I: GENERAL TERMS, CONDITIONS AND INSTRUCTIONS TO BIDDERS AND

CONTRACTORS

These General Terms, Conditions and Instructions to Bidders and Contractor (hereinafter referred to as the “General Conditions”) shall apply to all purchases and be incorporated into and be a part of each

Solicitation (as defined below) and every Contract (as defined below) awarded by Fluvanna County, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as the “County”) unless otherwise specified by the County in writing. Bidders, Offerors and Contractors or their authorized representatives are expected to inform themselves fully as to these General Conditions before submitting

Bids or Proposals to and/or entering into any Contract with the County: failure to do so will be at the

Bidder’s/Contractor’s own risk and except as provided by law, relief cannot be secured on the plea of error.

Subject to all Federal, State and local laws, policies, resolutions, regulations, rules, limitations and legislation, including the County’s Procurement Policies and Procedures, Bids or Proposals on all

Solicitations issued by County will bind Bidders or Offerors, as applicable, and Contracts will bind

Contractors, to all applicable terms, conditions, instructions, rules and requirements herein set forth unless otherwise SPECIFICALLY set forth by the County in writing in the Solicitation or Contract. All provisions of these General Conditions are material to any contract between the County and a Contractor.

INTRODUCTION

1. VIRGINIA PUBLIC PROCUREMENT ACT AND ETHICS IN PUBLIC CONTRACTING:

The Virginia Public Procurement Act of Virginia Code §§ 2.2-4300 et seq. (hereinafter the

“VPPA”) is incorporated herein by reference. Nothing in these General Conditions is intended to conflict with the VPPA and in case of any conflict, the VPPA controls. Specifically, the provisions of Article 6 of the VPPA (Virginia Code §§ 2.2-4367 through 2.2-4377) relating to ethics in contracting, shall be applicable to all Solicitations and Contracts solicited or entered into by the

County. By submitting their Bids or signing any Contract, all Bidders and Contractors certify that they have not violated any of the provisions of Article 6 of the VPPA, including, but not limited to, that their Bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements.

2. DEFINITIONS: The definitions of Virginia Code §§ 2.2-4301, 2.2-4302.1 and 2.2-4302.2 are specifically incorporated herein by reference and as used in these General Conditions, whether capitalized or not, any of such defined terms have the same meaning as such terms have under the

VPPA: such defined terms include: “Affiliate”, “Best Value”, “Business”, “Competitive

Negotiation”, “Competitive Sealed Bidding”, “Construction”, “Construction Management

Contract”, “Design-Build Contract”, “Employment Services Organization”, “Goods”, “Informality”, “Job Order Contracting”, “Multiphase Professional Services Contract”, “Nonprofessional Services”, “Potential Bidder or Offeror”, “Professional Services”, “Public

Body”, “Public Contract”, “Responsible Bidder or Offeror”, “Responsive Bidder”, “Reverse

Auctioning” and “Services”. Additionally, as used in these General Conditions, the following terms, whether capitalized or not, have the following meanings:

a. Bid/Proposal: The offer of a Bidder or Offeror to provide specific Goods or Services at specified prices and/or other conditions specified in the Solicitation. The term “Bid” is used throughout these General Conditions and where appropriate includes the term “Proposal” or any modifications or amendments to any Bid or Proposal.

b. Bidder/Offeror/Vendor: Any individual(s), company, firm, corporation, partnership or other organization bidding or offering on any Solicitation issued by the County and/or offering to enter into Contracts with the County. The term “Bidder” is used throughout these General Conditions and where appropriate includes the term “Offeror” and/or

“Vendor”.

c. Contract: Any contract to which the County will be a party.

d. Contractor: Any individual(s), company, firm, corporation, partnership, or other organization to whom an award is made by the County or whom enters into any contract to which the County is a party.

e. County: The County of Fluvanna, a political subdivision of the Commonwealth of

Virginia, including where applicable all agencies and departments of the County.

f. County Administrator: The Fluvanna County Administrator.

g. County Attorney: The Fluvanna County Attorney.

h. Purchasing Agent: The County Administrator is the County’s Purchasing Agent and is responsible for the purchasing activity of Fluvanna County; and has signatory authority to bind the County to all contracts and purchases made lawfully under the Fluvanna County

Small Purchasing Procedures. The Purchasing Agent has signatory authority to bind the

County to all other contracts and purchases only after the contracts or purchases have been approved by a vote of the Fluvanna County Board of Supervisors.

i. General Terms, Conditions and Instructions to Bidders and Contractors (also referred to herein as the “General Conditions”): These General Terms, Conditions and Instructions to

Bidders and Contractors shall be attached to and made a part of all Solicitations by the

County and all Contracts to which the County is party.

j. His: Any references to “his” shall include his, her, their, or its as appropriate.

k. Invitation to Bid (also referred to herein as an “IFB”): A request which is made to prospective Bidders for their quotation on Goods or Services desired by the County. The issuance of an IFB will contain or incorporate by reference the General Conditions and the other specifications and contractual terms and conditions applicable to the procurement.

l. Purchasing Officer: The Purchasing Officer employed by the County and to whom

Bidders/Contractors can submit questions relating to any Bid or Contract.

m. Request for Proposal (also referred to herein as a “RFP”): A request for an offer from prospective Offerors which shall indicate the general terms which are sought to be procured from Offerors. The RFP will specify the evaluation factors to be used and will contain or incorporate by reference the General Conditions and other applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the

Contractor.

n. Small Purchasing Procedures: The County’s Small Purchasing Procedures, being Chapter

4 of the County’s Procurement Policies and Procedures, a method of purchasing not requiring competitive sealed bids or competitive negotiation for single or term contracts for goods and services other than professional services if the aggregate or the sum of all phases is not expected to exceed $50,000; and also allowing for single or term contracts for professional services without requiring competitive negotiation, provided the aggregate or the sum of all phases is not expected to exceed $50,000.

o. Solicitation: The process of notifying prospective Bidders or Offerors that the County wishes to receive Bids or Proposals on a set of requirements to provide Goods or Services.

“Solicitation” includes any notification of the County requirements may consist of public advertising (newspaper, County’s website, or other electronic notification), the mailing of notices of Solicitation, any Invitation for Quotes (“IFQ”), Initiations to Bid (“IFB”), or

Requests for Proposal (“RFP”), the public posting of notices, issuance of an Open Market

Procurement (“OMP”), or telephone calls to prospective Bidders or Offerors.

p. State: The Commonwealth of Virginia.

3. AUTHORITY: The Purchasing Agent shall serve as the principal public purchasing official for the

County, and shall be responsible for the procurement of goods, services, insurance and construction in accordance with the County’s Procurement Policies and Procedures. The Purchasing Agent has responsibility and authority for negotiating, placing and when necessary modifying every

Solicitation, Contract and purchase order issued by the County under the County’s Small

Purchasing Procedures. The Purchasing Agent has signatory authority to bind the County to all contracts and purchases made lawfully under the County’s Small Purchasing Procedures. The

Purchasing Agent has responsibility and authority for negotiating, placing and when necessary modifying every other Solicitation, Contract and purchase order issued by the County except that the Purchasing Agent has signatory authority to bind the County to all other contracts and purchases

ONLY after the contracts or purchases have been adopted and approved by a vote of the Fluvanna

County Board of Supervisors (the “Board”).

Unless specifically delegated by the Board or the Purchasing Agent, and consistent with the limited authority granted thereto, no other County officer or employee is authorized to order supplies or

Services, enter into purchase negotiations or Contracts, or in any way obligate the County for any indebtedness. Any purchase or contract made which is contrary to such authority shall be of no effect and void and the County shall not be bound thereby.

For convenience, the County’s Purchasing Officer shall serve as an intermediary between the

Purchasing Agent and the Bidder or Contractor and any Bidder or Contractor may direct communications regarding any purchase, Solicitation or Contract to the Purchasing Officer;

however as stated supra only the Board or County’s Purchasing Agent can bind the County and only upon the conditions stated supra.

CONDITIONS OF BIDDING

4. COMPETITION INTENDED: It is the County’s intent to encourage and permit open and competitive bidding in all Solicitations. It shall be the Bidder’s responsibility to advise the County in writing if any language, requirement, specification, etc., or any combination thereof, stifles competition or inadvertently restricts or limits the requirements stated in a Solicitation to a single source. The County must receive such notification not later than seven (7) business days prior to the deadline set for acceptance of the Bids. In submitting a Bid, the Bidder guarantees that he or she has not been a party with other Bidders to an agreement to bid a fixed or uniform price.

Violation of this implied guarantee shall render the Bid of any Bidder involved void.

5. DISCRIMINATION PROHIBITED: Pursuant to Virginia Code § 2.2-4310, the County does not discriminate against Bidders, Offerors or Contractors because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. Whenever solicitations are made, the County shall include businesses selected from a list made available by the Department of Small Business and Supplier Diversity. Pursuant to Virginia Code § 2.2-4343.1, the County does not discriminate against “faith-based organizations”, being a religious organization that is or applies to be a contractor to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Reconciliation Act of 1996, P.L. 104-193.

6. CLARIFICATION OF TERMS: Pursuant to Virginia Code § 2.2-4316, if any Bidder has questions or comments about the specifications or other Solicitation documents, the prospective

Bidder should contact the County no later than seven (7) business days prior to the date set for the opening of Bids or receipt of Proposals. Any revisions to the Solicitation will be made only by written addendum issued by the County. Notifications regarding specifications may not be considered if received in less than seven (7) business days of the date set for opening of Bids/receipt of Proposals.

7. MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Unless otherwise specified in the Solicitation, all Bids must be submitted on the forms provided by the

County, including but not limited to, a Cover Sheet or Pricing Schedule, if applicable, properly signed in ink in the proper spaces and submitted in a sealed envelope or package. Unauthorized modification of or additions to any portion of the Solicitation may be cause for rejection of the Bid.

However, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject any Bid or Proposal which has been modified. These General Conditions are mandatory provisions of all Solicitations and all Contracts of the County.

8. LATE BIDS & MODIFICATION OF BIDS: Any Bid or modification thereto received at the office designated in the Solicitation after the exact time specified for receipt of the Bid is considered a late Bid or modification thereof. The County 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 County by the designated date and hour.

The following rules apply to all Bids submitted to the County:

a. The official time used in the receipt of Bids/Proposals is that time on the automatic time stamp machine in the Finance Department;

b. Late Bids or modifications thereof will be returned to the Bidder UNOPENED, if

Solicitation number, due date and Bidder’s return address is shown on the container;

c. If a Bid is submitted on time, however a modification thereto is submitted after the due date and time, then the County in its sole discretion may choose to consider the original

Bid except that the County may not consider such original Bid if the Bid is withdrawn by the Bidder pursuant to Section 9 below; and

d. If an emergency or unanticipated event or closing interrupts or suspends the County’s normal business operations so that Bids cannot be received by the exact time specified in the Solicitation, then the due date/time specified for receipt of Bids will be deemed to be extended to the same time of day specified in the Solicitation on the first work day on which normal County business operations resume.

9. WITHDRAWAL OF BIDS:

a. Pursuant to Virginia Code § 2.2-4330, a Bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his Bid from consideration if the price bid was 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…