3219TP - On-Site Calibration, etc. w-Attach E.pdf

RFP 25-14-3219TP Page 1

HANOVER COUNTY, VIRGINIA

REQUEST FOR PROPOSALS # 25-14-3219TP

Issue Date: October 15, 2024

Title: On-Site Calibration, Maintenance and Repair Services

Commodity Code: 99255 – Miscellaneous Testing and Calibration Services

Issuing Department: Hanover County, Virginia

Finance and Management Services Department/Purchasing Division

7507 Library Drive

P.O. Box 470

Hanover, VA 23069-0470

Location Where Service Hanover County, Virginia

Will be Provided: Department of Public Utilities

7516 County Complex Road

Hanover, VA 23069

Period of Contract: From the date of award through November 30, 2025 (Renewable)

Sealed proposals will be received by the issuing department prior to 12:00 PM (prevailing time), NOVEMBER 15, 2024, for furnishing the services described herein.

The County prefers submission by uploading (in Adobe.pdf format) proposals to eVA (Virginia’s eProcurement Market

Place). Offers are required to include Page 1 of this RFP, all Attachments, and associated Addenda (if any) as their first few pages of the proposal. For assistance submitting Bids to eVA contact eVA Customer Care at 1-866-289-7367.

All inquiries for information should be directed to: Trena A. Ponton, CPPB, Purchasing Office Senior, taponton@hanovercounty.gov and must be received no later than October 21, 2024.

In compliance with this Request for Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.

Name and Address of Firm:

Date:

By:

Name:

Signature

Title:

Please Print eVA Vendor ID Telephone No.

E-mail Address: FAX No.

This public body does not discriminate against faith-based organizations mailto:taponton@hanovercounty.gov

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TABLE OF CONTENTS

1. GENERAL INFORMATION 3

2. STATEMENT OF NEEDS 3

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS 5

4. EVALUATION AND AWARD 7

5. GENERAL TERMS AND CONDITIONS 8

6. SPECIAL TERMS AND CONDITIONS 13

7. ATTACHMENTS 18

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1. GENERAL INFORMATION

1.1 PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from qualified Offerors to establish a term contract(s), through competitive negotiations for on-site calibration, maintenance and repairs services to water and wastewater instrumentation and associated equipment at various Hanover County

Department of Public Utilities locations throughout the County in accordance with the requirements herein.

1.2 BACKGROUND: As the county grows and our facilities age, the need to renovate and repair existing facilities, as well as add new facilities and buildings become imminent. Hanover County has more than 100,000+ citizens, many of whom have deep roots in the community and we value our outstanding education, safe community, low tax rates, quality of place and work ethic that make the County second to none as a place to live and do business. In addition, Hanover County is proud to have earned AAA bond ratings from all three ratings agen-cies: Standard & Poor’s, Moody’s and Fitch Ratings. We are one of only 36 counties nationwide to have earned this prestigious designation and are the smallest by population to have done so. The rating agencies cited our growing and diverse tax base and sound fiscal management as among the factors for earning our competitive bond ratings.

A. HANOVER COUNTY DEPARTMENT OF PUBLIC UTILITIES (DPU) owns, operates and maintains public water and wastewater infrastructure and systems in the Suburban Services Area (“SSA”), and responsible for providing quality control and problem solving to meet all emergencies/assignments and provide excellent and quality services to its customers while following local, state, and federal requirements. The SSA is the crescent shaped area north of the Chickahominy River, generally between

Hylas and Creighton Road, including Ashland, the Doswell area, and the Hanover Courthouse area. The

Suburban Service Area is approximately 63,400 acres and 99 square miles. Outside the Suburban Service

Area are five (5) rural residential subdivisions (included collectively, as part of the “System”).

The County’s current instrumentation equipment is located at: Ashland Wastewater Treatment Plant

(AWWTP); Doswell Wastewater Treatment Plant (DWWTP); Doswell Water Treatment Plant (DWTP):

Hanover STP; Totopotomoy Wastewater Treatment Plant (TWWTP); and Urban Systems (Urban Systems covers an area generally from Mechanicsville to Ashland, Virginia, and includes equipment located at pump stations, booster stations, water tank facilities, etc.). Refer to the Facilities, Equipment & Pricing List, Attachment E.

2. STATEMENT OF NEEDS

Routine equipment calibration and maintenance and repair services. Unless so noted herein, the equipment shall be calibrated and maintained on a semi-annually (twice/year), but no less than six (6) months apart from the previous service, and required repairs provided on an “as needed” basis. As needed services may include repairs/replacements of instrumentation equipment, and calibration of units not serviced under the routine schedule (i.e. faulty transmitters, secondary testing/calibration, etc.).

2.2 SPECIFIC REQUIREMENTS: Services shall be inclusive of all costs (i.e. supervision, labor, materials, equipment, transportation/travel/fuel, etc., including profit, overhead, administration, other operational costs, etc.) to perform all contractual requirements.

A. The Contractor shall have access to all necessary and proper tools, including the proper electronic test equipment and published procedures recommended by various manufacturers, to perform all calibration and maintenance/repair work in an efficient, expeditious, and satisfactory manner. The Contractor must have means to acquire parts and maintenance supplies as needed.

B. The Contractor agrees that, as a minimum requirement, all work performed shall be done (where applicable) in accordance with the most current instruction and/or operating books and manuals including service bulletins issued by the Original Equipment Manufacturer or Authorized Service Agent.

C. All work shall be performed in accordance with the water and sewer specifications of Hanover County and the regulations of the Virginia Department of Health, the Virginia Department of Environmental Quality, and all other applicable regulatory agencies. Information concerning the requirements of local, state, and federal regulatory agencies may be obtained from the appropriate agency. Contractor’s and/or subcontractor’s employees shall be trained in and comply with all OSHA requirements.

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D. SCOPE OF SERVICES: Services will include, but not limited to:

1. Calibration Services. The Contractor should use the OEM/Equipment data sheet and OEM calibration methods as needed when performing the service. Certified test equipment and-or traceable measures should be used, where applicable, when performing calibration services of any pneumatic, electronic, or other type of instrument, transmitter, indicator, recorder, etc. Unit costs should include the calculated total cost to calibrate the equipment.

a. All equipment calibrated should have a tag affixed indicating the date calibrated, name of technician “who performed the work”, and company name. If equipment set up or location does not allow for a legible tag, the information must be recorded in an equipment log kept with the facility superintendent.

b. All equipment should have a data/work sheet on which the Contractor will record notes and adjustments required/made. The data/work sheet shall be made available to the facility superintendent upon request and must state the reading when tested, the results of the calibration test, and number of adjustments, if any.

c. Calibration of some equipment may require verification in the form of a drop or rise test or a physical check to confirm elevation levels in relation to overflow evaluations. These tests must be done in coordination with the County so that special operations/scenarios are not created just for the verification. The County prefers to fill and drain the water tanks as part of the normal operations and communicate the information back to the Contractor rather than draining a tank just to check a sensor. County personnel will be made available to assist with and coordinate the drop or rise test, but the Contractor shall be responsible for recording all test data for inclusion in a documentation log.

d. Calibration of the entire transducer to recorder loop is required to ensure overall system integrity.

This includes all metering devices in the loop as well as the end points.

e. County staff is available to assist the Contractor with orientation, to provide service history, drawings, and other relevant information.

f. The County may acquire additional/delete instrumentation or related equipment, for which the

Contractor shall perform calibration of the new equipment.

2. Maintenance/Repair Services. Services to be performed based on “time and materials” of approved task quotes.

a. Diagnosis (test) and repair equipment/instrumentation, transmitters, recorders, indicators, loops, etc.

b. Documentation, certification, and correction to instrument indicating or control loops.

c. Mechanical services for installation of instrumentation, tubing, air supply, etc.

d. Electrical services (i.e. conduit, wire, etc.) for installation and repair associated equipment.

e. Service laboratory equipment as specified in this solicitation.

C. Documentation and General Reporting Requirements. Maintain a documentation log or similar report containing details of all calibration and repair service performed or comments relative to general equipment condition. The Contractor shall provide an electronic copy of the completed report/log within ten (10) calendar days of the date of each term renewal period, and final expiration of the contract to the Director of Public Utilities.

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The documentation should include, but not limited to:

1. Instrument Manufacturer 5. Model Number

2. Location 6. Function

3. “As found” Input, Output 7. “As left” Input, Output

4. Name of Technician 8 Date

D. Work Hours: The plants and the urban systems shall remain in service during calibration, repair or installation work. Normal operations may be altered at the discretion of the County to accommodate certain requirements of the work. In all cases, the operation of the plants and urban systems stations shall take precedence over any aspect or requirement of the work and the procedures established by the County to maintain water and sewer service shall prevail.

E. Additional Services: Any other services necessary to produce a complete and accurate set of

Construction Documents defined as including, but not limited to; general and supplementary conditions, drawings and specifications.

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

3.1 GENERAL INSTRUCTIONS

A. RFP RESPONSE: To be considered for selection, Offerors must submit a complete proposal to the RFP.

Proposals may be submitted electronically through eVA or by U.S. Mail, overnight service or hand delivery.

1. Electronically through eVA (preferred method)

a. For guidance on how to submit a proposal, contact eVA Customer Care at 1-866-289-7367.

b. If the Offeror determines that part or parts of its proposal are trade secrets or proprietary information that is not to be open to public inspection, the Offeror must submit an additional copy of its proposal that eliminates such part or parts. This copy shall be identified with the words “REDACTED

COPY”.

2. U. S. Mail, overnight service, or hand delivery

a. A digital version of the proposal in PDF or DOC format on a USB.

b. If the Offeror determines that part or parts of its proposal are trade secrets or proprietary information that is not to be open to public inspection, the Offeror must submit an additional digital copy of its proposal that eliminates such part or parts. This copy shall be identified with the words

“REDACTED COPY” and should be submitted on the same USB.

B. PROPOSAL PREPARATION:

1. Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in Purchasing 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.

Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

2. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

3. Proposals should be contained/organized in a single electronic file to include documentation where practical and 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 number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub-letter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub-letter should be repeated at the top of the next page. The proposal should

RFP 25-14-3219TP Page 6 contain a table of contents which cross-references the RFP requirements. Information which the

Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material.

Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

4. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements.

The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors proposal.

5. 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 Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act;

however, the Offeror 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. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document or prequalification application, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time, the

Offeror refuses to withdraw an entire classification designation, the proposal will be rejected. (Refer to Attachments in Section 7)

C. ORAL PRESENTATION: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the County. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. 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.

3.2 SPECIFIC PROPOSAL INSTRUCTIONS: The County seeks the most cost effective and highest quality services; therefore, Offerors are encouraged to be creative and resourceful in proposing their most efficient methods using their most qualified personnel. 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:

PAGE LIMITATION. Offeror’s proposal should not exceed 25 pages with no smaller than 11-font. Pages with print on the front and back are counted as two pages. Make certain the information addresses the responsibilities/requirements as so identified herein (“Scope of Services and the Criteria for Proposal

Evaluation. Note: Page 1 of this RFP (“signature page”), completed attachments identified in Section 7, all addenda acknowledgements (if any) should be included as the Offeror’s first few pages of the proposal response. Required pages such as sample insurance certificates (“COI”), copies of certifications and licenses, etc. are NOT subject to the page limitation.

A. Return the RFP cover sheet (page 1), Attachments in Section 7, and all addenda acknowledgments (if any) required.

B. A written narrative statement to include:

1. Experience and qualifications of the Offeror providing these types of services.

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2. Experience of individuals that will be assigned work under the resultant contract, including their associated credentials.

3. Experience of the Offeror’s support services program (i.e. subcontracts, etc.).

4. List of specialty tools and electronic test equipment to be used for providing the services, include the years experienced using the tools identified, also provide detail of what County equipment the Offeror will need to use to perform the work. Basic hand and power tools do not need to be included.

C. Specific plans (methodology and implementation) for providing the proposed services described in the RFP.

The information should include:

1. A complete description of how Offerors will approach the work described.

2. A timeline and schedule for completing the services, highlighting critical points in the process.

3. Information on where the Offeror’s closest service center is in relation to the Ashland, Virginia area

(provide in Google miles), and the number of individuals available to work on the contract. These two pieces of information will help the County determine the Offeror’s Response Capability for performing both routine and “as needed” work.

4. A description of any work or contracts of a similar nature your firm had difficulty completing and how the problems were remedied. Please provide where and when this occurred with a detailed explanation.

5. Unique problem solving and troubleshooting capabilities.

6. Any applicable reports, record layouts, or records retention methods used by your firm for providing required record keeping processes.

7. Other techniques and services available to provide the services stated herein.

D. Price/Fees/Costs: Attachment E (Facilities, Equipment & Pricing List) to be completed and included with your proposal response.

4. EVALUATION AND AWARD

4.1 EVALUATION CRITERIA: Proposals shall be evaluated by the County using the following criteria:

Criteria Weight

Methodology and Implementation 30

Qualification and Experience of the firm 50

Prices/Fees/Costs (Price Scenario & Table – Attachment E 20

4.2. AWARD: The County shall engage in individual discussions with two or more Offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. Such Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the requested services. At the discussion stage the County may discuss non-binding estimates of costs, including, but not limited to, non-binding estimates of price for services. Proprietary information from competing Offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, on the basis of evaluation factors published in the Request for Proposals and all information developed in the selection process to this point, the County shall select, in the order of preference, two or more Offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the Offeror ranked first. If a contract satisfactory and advantageous to the County can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror. Otherwise, negotiations with the Offeror ranked first shall be formally terminated and negotiations conducted with the

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Offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price. The

County reserves the right to make multiple awards as a result of this solicitation. Should the 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 and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror.

5. GENERAL TERMS AND CONDITIONS

5.1 eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, web site portal https://eva.virginia.gov streamlines and automates government purchasing activities. All vendors desiring to provide goods and/or services to the County shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All Offerors must register in eVA, failure to register may result in the proposal being rejected. The County advertises all competitive solicitations on eVA but does not issue purchase orders through eVA unless required to by the terms and conditions of a state issued contract.

5.2 ACCEPTANCE OF GOODS/SERVICES: Goods/services delivered shall remain the property of the Contractor until a physical inspection or actual usage of the goods/services is made and thereafter accepted to the satisfaction of the County. The goods/services must comply with the specifications and terms and conditions of this solicitation and be of the highest quality. In the event the goods/services supplied to the County are found to be defective or not to conform to specifications, the County reserves the right to cancel the contract upon written notice to the Contractor and return products to Contractor at the Contractor's expense.

5.3 ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the County will publicly post such notice in eVA (https://eva.virginia.gov) for a minimum of 10 days.

5.4 ANTI-DISCRIMINATION: By submitting their proposals, Offerors certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair

Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the

Americans with Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Code of

Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in A and B below apply:

A. During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, will state that such Contractor is an equal opportunity employer.

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

B. The Contractor will include the provisions of (A) above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

https://eva.virginia.gov/ https://eva.virginia.gov/

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5.5 APPLICABLE LAWS AND COURTS: This solicitation is governed by the laws of the Commonwealth of

Virginia. Any dispute or controversy arising out of or relating to this solicitation or otherwise shall be brought in the Hanover County Circuit Court or in the United States District Court for the Eastern District of Virginia, Richmond Division; provided, however, that prior to the instigation of any such action (other than an action for equitable relief) a meeting shall be held at a mutually agreed upon location, attended by individuals with decision-making authority to attempt in good faith to negotiate a resolution of the dispute.

5.6 ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County.

5.7 AUDIT: The Contractor shall retain all books, records and other documents relative to this contract for five (5) years after final payment, or until audited by the County, whichever is sooner. The County or its authorized representative shall have full access to and the right to examine any of said materials during said period. The

Contractor shall include the provisions above in every subcontract or purchase order, so that the provisions will be binding upon each subcontractor or vendor.

5.8 AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of lawfully appropriated funds.

5.9 BID PRICE CURRENCY: Unless stated otherwise in this solicitation, Offerors shall state offer prices in US dollars.

5.10 BIDDER, OFFEROR AND CONTRACTOR COMPLIANCE: All Bidders, Offerors and Contractors shall comply with the Virginia Public Procurement Act, (Code of Virginia § 2.2-4300, et seq.), and all applicable

County policies, regulations and procedures adopted pursuant thereto.

5.11 CONTRACT CHANGES: Any changes to the contract must be approved through issuance of a written contract addendum or change order. The County will not assume responsibility for the cost of any changes made without issuance of a written contract addendum or change order.

5.12 CONTRACTOR’S PERFORMANCE:

A. The Contractor agrees and covenants that its agents and employees shall comply with all County, State and

Federal laws, rules and regulations applicable to the business to be conducted under the Contract.

B. During the performance of this contract, the Contractor shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.

C. The Contractor shall cooperate with County officials in performing the Contract work so that interference with normal operations will be held to a minimum.

5.13 CONTRACTUAL CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Any notice or claim shall be delivered to: Director, Finance and Management Services Department, 7507 Library Drive, Hanover, VA 23069-0470 and shall include a description of the factual basis for the claim and a statement of the amounts claimed or other relief requested. The County Administrator will render a decision on the claim and will notify the Contractor within 30 days of receipt of the claim. The Contractor may appeal the decision of the County Administrator to the Board of Supervisors by providing written notice to the

County Administrator, within 15 days of the date of the decision. The Board of Supervisors shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision shall be final unless the Contractor appeals the decision in accordance with the Virginia Public Procurement Act. Invoices for all services or goods provided by the Contractor shall be delivered to the County no later than 30 days following the conclusion of the work or delivery of the goods.

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5.14 DEBARMENT STATUS: By submitting their proposals, Offerors certify that they are not currently debarred by the County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

5.15 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

5.16 DEFINITION OF COUNTY: The Purchasing Division of the Finance and Management Services Department provides purchasing support for Hanover County Government, Hanover County School Board, Pamunkey

Regional Jail and Pamunkey Regional Library, hereinafter referred to as County. Any contract issued as a result of this solicitation shall be available for the use of any or all of these entities unless otherwise stated in the solicitation.

5.17 DRUG-FREE WORKPLACE: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the

Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the

Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

5.18 ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, Offerors certify 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.

5.19 FORCE MAJEURE: If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party’s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of Force Majeure shall rest solely with the County.

5.20 IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that they do not, and shall not during the performance of the contract, knowingly employ an unauthorized alien as defined in the

Federal Immigration Reform and Control Act of 1986.

5.21 INDEMNIFICATION: Contractor agrees to indemnify the County, its officers, agents, and employees for any loss, liability, cost (including attorney’s fees), or reasonable settlement cost incurred as a result of any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the

County or to failure of the County to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered. The County will not agree to indemnify the Contractor.

5.22 INDEPENDENT CONTRACTOR: The Contractor is an independent Contractor and nothing contained in the

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County.

5.23 LICENSES AND PERMITS: The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Contractor’s work which are legally required prior to and during the work, including software licenses or other intellectual property permissions, unless otherwise specified by the County.

5.24 MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Failure to submit a proposal on the official County form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

5.25 NOTIFICATION: Any notice required by the contract shall be effective if given by registered mail, return receipt requested, to the Contractor in the name and at the address given in their proposal; provided that change of address shall be effective if given in accordance with this paragraph. Unless otherwise specified, any notice to the County shall be given to: County of Hanover, Director, Finance and Management Services Department, P. O. Box 470, Hanover, VA 23069-0470. The Contractor agrees to notify the County immediately of any change of legal status or of address.

5.26 PAYMENT:

A. To Prime Contractor:

1. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number and/or purchase order number; social security number (for individual Contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

3. In those cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made (Code of Virginia, § 2.2-4353).

4. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the County shall promptly notify the Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve the County of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-

4363).

B. To Subcontractors:

1. A Contractor awarded a contract under this solicitation is hereby obligated:

a. To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the

County for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

b. To notify the County and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

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2. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month

(unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the County, except for amounts withheld as stated in (b) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier Contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the County.

C. Construction Contracts:

1. The Contractor shall be liable for the entire amount owed to any subcontractor with which it contracts, regardless of whether the Contractor has received payment from the County under the contract.

a. The Contractor is not liable for amounts reducible due to the subcontractor’s noncompliance with the terms of the contract.

b. In the event the Contractor withholds all or a part of the subcontractor’s payment under the contract, the Contractor shall notify the subcontractor, in writing, of the Contractor’s intention to withhold all or part of the subcontractor’s payment, with the reason for nonpayment.

c. The Contractor’s receipt of payment from the County shall not be a condition precedent to the

Contractor’s payment to the subcontractor for amounts owed.

2. Any provision in this contract contrary to subdivision 1 of this section shall be unenforceable.

D. The County encourages Contractors to accept electronic and credit card payments.

5.27 PRECEDENCE OF TERMS: The following General Terms and Conditions; ANTI-DISCRIMINATION, APPLICABLE LAWS AND COURTS, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM

AND CONTROL ACT OF 1986, DEBARMENT STATUS, MANDATORY USE OF COUNTY FORM AND

TERMS AND CONDITIONS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the

Special Terms and Conditions shall apply.

5.28 QUALIFICATIONS OF OFFERORS: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the

Offeror’s capabilities. The County further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the County that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

5.29 ROYALTY AND LICENSE FEES AND COPYRIGHT, TRADEMARK AND PATENT PROTECTION:

A. By submitting their proposal, Offerors certify that there will be no violation of copyrights or patent rights in manufacturing, producing, or selling the commodities or services to be ordered as a result of this solicitation.

B. Unless specified otherwise in the contract, the Contractor shall pay all royalty and license fees relating to the items covered by the contract.

C. In the event any third party shall claim that the manufacture, use and sales of these goods offered hereby constitutes an infringement of any copyright, trademark, or patent, the Contractor shall indemnify and hold harmless the County from any cost, expense, damage or loss incurred in any manner by the County on account of such alleged infringement.

5.30 SEVERABILITY: Each paragraph and provision of the resultant contract will be severable from the entire agreement and if any provision is declared invalid, the remaining provisions shall remain in effect.

5.31 STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: In accordance with Code of

Virginia § 2.2-4311.2 subsection B, a Offeror organized or authorized to transact business in the

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Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its proposal a statement describing why the Offeror is not required to be so authorized. Indicate the above information on the SCC Form provided (Attachment B). Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the County’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the Offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

5.32 TAXES: The County is exempt from Federal Excise and State Sales and Use Tax on all tangible personal property purchased or leased by it for its use or consumption. The Contractor shall pay all County, City, State and Federal taxes required by law enacted at the time proposals are received and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be added to the contract price between the

County and the Contractor, as the taxes shall be an obligation of the Contractor and not of the County, and the

County shall be held harmless for same by the Contractor. Exemption certification will be supplied upon request.

5.33 TERMINATION FOR CONVENIENCE: Unless otherwise stated, any resultant contract may be terminated, in whole or in part, whenever the County determines that such a termination is in its best interests. Any such termination shall become effective on the date stated in a written notice of termination to the Contractor sent at least five days prior to the stated termination date. The notice of termination shall state the extent to which performance shall be terminated. The Contractor shall be paid for all goods delivered or services successfully completed prior to the termination date.

5.34 TESTING AND INSPECTION: The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

6. SPECIAL TERMS AND CONDITIONS

6.1 CANCELLATION OF CONTRACT: The County reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party.

Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and-or perform on all outstanding orders issued prior to the effective date of cancellation.

6.2 CONTRACTOR CERTIFICATION RELATING TO BACKGROUND CHECKS: Hanover County School

Board – The Contractor shall provide written certification that states no employee or representative of the

Contractor, who will have direct contact with students on school property during regular school hours or during school sponsored activities, has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. The attached certification from shall be submitted with the proposal.

6.3 CONTRACTOR’S QUALIFICATIONS/PERFORMANCE REQUIREMENTS: The Contractor shall have a minimum five (5) years’ experience with the capability, capacity, and properly trained and skilled personnel who have complete knowledge of all aspects, including applicable restrictions associated with performing the work for government entities and public-school boards to satisfactorily perform the required services. The

Contractor agrees and covenants that he/she and his/her agents and employees will comply with all County, State and Federal laws, rules and regulations applicable to the business to be conducted under this contract, and shall conduct themselves in an efficient, effective, and courteous professional workmanlike manner that provides the highest qualify work equal to or better than industry standards. The Contractor shall secure all necessary permits for the proper execution and completion of the work. The Contractor will ensure that its employees shall observe and exercise caution and discretion necessary to avoid injury to person or damage to property of any and all kinds. The Contractor shall cooperate fully with the County in performing the work to ensure that interference with normal operations will be held to a minimum. All apparatus, buildings, grounds, appurtenances and furnishings shall be protected by the Contractor from damage which might be done or caused

RFP 25-14-3219TP Page 14 by work performed under this contract. Any damage caused directly or indirectly by the Contractor, agents, or suppliers shall be repaired and-or replaced at the expense of the Contractor by methods approved by the County to restore the damaged area(s) to its original condition. Such repairs shall be deemed acceptable only after inspection and approval by the County. The County reserves the right to inspect work in progress as well as make final inspection to approve completed work.

For security reasons, the Contractor must show appropriate identification (i.e. company ID, badge, card, driver’s license, or uniform) to perform work in or around county facilities, buildings, schools, and other county structure/infrastructure.

6.4 GENERAL OPERATION OF THE CONTRACT: The County reserves the right to furnish any items, materials, and subcontracted work under the contract. Prior to any work assigned under the contract, the Contractor shall meet with the appropriate County staff to discuss responsibilities and other parameters associated with the contract requirements. The Contractor shall assign a point-of-contact (“POC”) for all communications (i.e.

name, email, address, cell/telephone numbers, etc.) under the contract. The POC will obtain proposed projects scopes, schedules, and any other pertinent information associated with task assignments. The Contractor may be required to appear before various agencies, Boards, and/or courts to present and explain reports and recommendations made necessary by litigation.

When work is needed, the County will, at its discretion, contact one or more of the Contractors and provide information pertaining to the proposed “task”. The same information will be provided to each Contractor notified. The County shall, in a “task description”, describe the proposed scope of work, time allowed the

Contractor to respond, date the work should be completed, required deliverables, information and/or resources to be provided by the County, the County contact person and any other information…