836013engPitts.pdf

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On Call Professional Engineering Services
Solicitation number
20260801
Issued by
Pittsylvania County, Virginia

About this file

This is a Request for Proposals (RFP) issued by Pittsylvania County, Virginia for on-call professional engineering and related architectural services to support the Department of Public Works. The County seeks to establish multiple contracts with qualified engineering firms capable of providing comprehensive services including water and wastewater system engineering, public buildings and facilities engineering, civil engineering and site development, surveying services, GIS and utility mapping, construction administration, grant and funding assistance, and miscellaneous professional services. Services will be provided on an as-needed basis through individually negotiated Task Orders with no guarantee of minimum work assignments. Sealed proposals must be received by August 28, 2026 at 2:00 PM, with submission requirements including one signed original, two printed copies, and one electronic PDF copy on USB drive delivered to the Pittsylvania County Purchasing Department. The County intends to award contracts to approximately two to five qualified firms based on proposal quality and anticipated needs. The initial contract term shall be one year from execution, with options to renew for up to three additional one-year terms at the County's sole discretion, contingent upon satisfactory performance and available funding. Proposals shall remain valid for 120 calendar days following submission.

Evaluation of proposals will be conducted by a County-appointed committee using criteria including firm qualifications and experience (20 points), experience with Virginia local governments (20 points), project team qualifications (20 points), experience with similar projects (20 points), project management approach and responsiveness (10 points), and proposal quality and references (10 points) for a total of 100 points. The County reserves the right to conduct interviews, request presentations, and negotiate with one or more offerors. No minimum contract value or work quantity is guaranteed, and work will be assigned based on factors including specialized expertise, demonstrated experience, current workload, availability, and ability to meet schedules. Professional services requiring licensure must be performed by individuals appropriately licensed in Virginia. The County will own all work products, reports, drawings, electronic files, and other deliverables upon payment. Contracts may be canceled by the County without penalty upon 60 days written notice. Professional Engineer liability insurance of $2,000,000 per occurrence and $6,000,000 aggregate is required, along with standard workers' compensation, employer's liability, and commercial general liability coverage.

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PITTSYLVANIA COUNTY

BOARD OF SUPERVISORS

REQUEST FOR PROPOSALS

ON-CALL PROFESSIONAL ENGINEERING SERVICES

RFP# 20260801

July 31, 2026

Procurement Contact Technical Contact

Connie Gibson Chris Adcock, P.E.

Procurement Manager Director of Public Works

1 Center Street 405 R & L Smith Road

Chatham, VA 24531 Danville, VA 24541

(434) 432-7744 (434) 432-7136

Connie.gibson@pittgov.org chris.adcock@pittgov.org

This procurement shall be conducted in accordance with the competitive negotiation procedures of the

Virginia Public Procurement Act – Section 2.2- 4302.2 mailto:chris.adcock@pittgov.org

TABLE OF CONTENTS

1. General Information

2. Purpose

3. Background

4. Scope of Professional Services

• Water System Engineering

• Wastewater Collection Engineering

• Public Buildings & Facilities Engineering

• Small Architectural Services

• Civil Engineering & Site Development

• Surveying Services

• GIS & Utility Mapping

• Hydraulic Modeling

• Construction Administration

• Grant & Funding Assistance

• Miscellaneous Engineering Services

5. Contract Term

6. Multiple Award Contracts

5. Task Order Procedures

6. Proposal Requirements

7. Evaluation Criteria

8. Negotiation and Award

9. Special Terms and Conditions

10. County General Conditions (Attached)

Forms to be included in the proposal submission:

• Proposal Submission and Non-Collusion Certification

• Statement of Disclaimer / Contractor Eligibility Certification

Pittsylvania County, Virginia

RFP # 20260801

I. GENERAL INFORMATION

Pittsylvania County, Virginia ("County"), is requesting sealed proposals from qualified professional engineering firms to establish multiple on-call contracts for professional engineering and related small architectural services for projects undertaken by the Department of Public Works.

The County intends to award contracts to multiple qualified firms that demonstrate the experience, personnel, technical capabilities, and availability necessary to provide timely and cost-effective professional services.

Services shall be provided on an as-needed basis through individually negotiated Task Orders. Award of a contract does not guarantee that any minimum amount of work will be assigned.

The County reserves the right to award contracts to as many firms as determined to be in its best interest.

Proposals shall remain valid for 120 calendar days following the submission deadline

DUE DATE: Sealed Proposals will be received until August 28, 2026 no later than 2:00PM. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification. It is the sole responsibility of the submitter to ensure the Pittsylvania County

Purchasing Department receives the proposal at the designated address by the stated date and time

PROPOSAL SUBMISSION: Offerors shall submit:

• One (1) signed original proposal

• Two (2) printed copies

• One (1) identical electronic PDF copy on USB Drive.

Proposals should be mailed or hand delivered to:

Pittsylvania County Purchasing Department Attn: Connie Gibson, 1 Center Street, Chatham, VA 24531.

All Proposals must be in a sealed envelope and clearly marked as follows:

Sealed Proposal - RFP #20260801. On-Call Professional Engineering

Proposals not so marked or sealed shall be returned to the offeror and will not be considered.

Proposal Submission Requirements:

Proposals must be received by the Proposal Due Date and Time. Pittsylvania County offers the option to submit bids or proposals electronically through the Commonwealth of Virginia’s eVA procurement marketplace. You must be registered in eVA to submit electronic bids and proposals. There is no cost to register.

eVA Registration: https://eva.virginia.gov/register-now.html

Pittsylvania County will still accept paper responses, as well as requiring a paper response for the electronic bids/proposals for review purposes.

ADDENDUMS: If an addendum has been issued, the vendor needs to ensure that they have responded to the latest version of the IFB/RFP. www.pittsylvaniacountyva.gov .

https://eva.virginia.gov/register-now.html http://www.pittsylvaniacountyva.gov/

Proposals shall clearly indicate the legal name, address and telephone number of the offeror

(company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and include the title of the individual signing on behalf of the offeror. All expenses for making Proposals to Pittsylvania County shall be borne by the offeror.

This request is extended without regard to race, color, religion, sex, national origin, marital status, age or physical or mental handicap. The selected Firm or Individual will be required to comply with all the

State and Federal guidelines or requirements, including, but not limited to:

- Section 504 of the Rehabilitation Act of 1973

- Civil Rights Act of 1964

- The Americans with Disabilities Act

- Age Discrimination Act

- MBE/WBE Solicitation Guidelines

Minority and/or female-owned businesses or firms are encouraged to apply. The County of

Pittsylvania County is an Equal Opportunity Employer.

Pittsylvania County is committed to fostering the utilization of Disadvantaged Business Enterprises

(DBEs) in all its procurement activities. MBE/WBE firms are encouraged to submit proposals.

Proposers must comply with the following: the Presidents’ Executive Order # 11246 prohibiting discrimination in employment regarding race, color, creed, sex, or national origin; the President’s

Executive Orders # 12138 and 11625 regarding utilization of MBE/WBE/DBE firms; and the Civil

Rights Act of 1964. Bidders must certify that they do not or will not maintain or provide for their employees any facilities that are segregated on the basis of race, color, creed, or national origin.

II. PURPOSE

The purpose of this Request for Proposals (RFP) is to establish multiple professional services contracts with qualified engineering firms capable of providing comprehensive engineering and related limited architectural services to Pittsylvania County on an as-needed basis.

The County seeks firms capable of responding quickly to project requests while providing high-quality engineering services for both routine and specialized Public Works projects.

The County anticipates selecting approximately two (2) to five (5) firms through this procurement.

Selected firms will be utilized based upon project requirements, technical expertise, current workload, responsiveness, and other factors determined to be in the County's best interest.

Nothing contained herein shall obligate the County to issue any Task Orders or expend any minimum dollar amount under any resulting contract.

The County reserves the right to perform engineering services with County staff, procure services through separate solicitations, or utilize other procurement methods authorized under the Virginia

Public Procurement Act whenever determined to be in the County's best interest.

III. BACKGROUND

The Pittsylvania County Department of Public Works owns, operates, maintains, and continually expands public infrastructure serving citizens throughout the County.

Responsibilities of the Department include the planning, operation, maintenance, rehabilitation, and expansion of the County's public water distribution systems, wastewater collection systems, public buildings, administrative facilities, maintenance facilities, fleet facilities, parks, and other County-owned infrastructure.

To supplement in-house technical capabilities, the County periodically requires professional engineering, surveying, construction administration, and limited architectural services for capital improvement projects, facility improvements, utility extensions, system evaluations, grant-funded projects, emergency response activities, planning studies, and related assignments.

Projects vary considerably in size and complexity, ranging from small feasibility studies and building renovations to multi-million-dollar infrastructure improvements.

Accordingly, the County desires to establish contracts with multiple firms possessing broad municipal engineering experience and the capability to provide timely professional services throughout the contract period.

IV. SCOPE OF PROFESSIONAL SERVICES

The County seeks to establish contracts with qualified professional engineering firms capable of providing a broad range of engineering and related, limited architectural services in support of the

Department of Public Works. Services shall be performed on an as-needed basis through individual

Task Orders issued during the contract term. The selected firms shall furnish all professional personnel, equipment, software, transportation, and incidental services necessary to complete assigned work in accordance with applicable federal, state, and local laws, regulations, codes, and accepted engineering practices.

The County reserves the right to utilize one or more firms for any individual assignment based upon qualifications, experience, workload, responsiveness, specialized expertise, and other factors determined to be in the County's best interest. The County expects assigned personnel to possess appropriate education, experience, professional registrations, and technical expertise necessary to successfully complete assigned work. Professional services requiring licensure shall be performed under the responsible charge of individuals licensed in the Commonwealth of Virginia, including Professional

Engineers, Registered Architects, and Licensed Land Surveyors, as applicable.

The following service categories are representative of the professional services the County may request.

The descriptions are intended to identify the general nature of the work and are not intended to be all-inclusive. The County does not guarantee that every category of service will be utilized, nor does inclusion of a service constitute a commitment to authorize work<

A. Water and Wastewater System Engineering - Professional engineering services related to the planning, evaluation, design, permitting, construction administration, rehabilitation, and expansion of the County's public water distribution and/or wastewater collection system.

B. Public Buildings and Facilities Engineering - Professional engineering and related services for

County-owned buildings and facilities, including planning, evaluation, renovation, rehabilitation, repair, expansion, and construction administration for administrative buildings, maintenance facilities, public safety buildings, parks, and other County-owned structures.

Services may include structural, mechanical, electrical, plumbing, roofing, HVAC, accessibility improvements, energy efficiency upgrades, and related engineering services.

C. Small Architectural Services - Architectural services incidental to Public Works projects, including facility planning, renovations, interior modifications, accessibility improvements, preparation of construction documents, code compliance review, bidding assistance, and construction administration.

D. Civil Engineering and Site Development - Professional civil engineering services associated with the planning, design, permitting, rehabilitation, and construction of County infrastructure and site development projects, including site evaluations, grading and drainage design, stormwater management, erosion and sediment control, roadway and parking improvements, sidewalks and trails, utility extensions and relocations, site development, construction administration, and related engineering services necessary to support the County's capital improvement program.

E. Surveying Services - Professional surveying services including boundary, topographic, utility and as-built surveys, preparation of easement or right-of-way plats, ALTA surveys and construction staking. All work must be performed by, or under the direct supervision of, a Land

Surveyor currently licensed and in good standing with the Commonwealth of Virginia.

F. GIS and Utility Mapping – Professional services to include GPS data collection, GPS database development, ArcGIS data updates, map production, utility mapping, utility inventory development, integration of engineering drawings with GIS databases and asset management support.

G. Construction Administration and Inspection – Construction phase services to include shop-drawing review, RFI review, on-site construction observation, pay application review, change order review, material review, final and substantial completion inspections, punch list preparation, record (as-built) drawing review.

H. Grant and Funding Assistance – Assistance with local, state and federal funding opportunities to include preparation of preliminary engineering reports, planning studies, funding application, cost estimates and grant administration. Experience with public infrastructure funding agencies should be demonstrated.

I. Miscellaneous Professional Services – Additional services may include feasibility studies, capital improvement planning, utility master planning, existing facility evaluations, emergency response engineering, cost estimating, peer review of engineering documents prepared by others, regulatory compliance support and attendance at public meetings.

V. CONTRACT TERM

The County intends to award multiple contracts to qualified Offerors as a result of this solicitation. The initial contract term shall be for a period of one (1) year from the date of execution, with the option to renew the contract for up to three (3) additional one-year terms upon the mutual written agreement of both parties and approval by the County.

Renewal of any contract shall be at the sole discretion of the County and shall be contingent upon satisfactory performance, continued need for services, availability of funding, and compliance with all contract requirements.

Nothing contained herein shall obligate the County to exercise any renewal option.

VI. MULTIPLE AWARD CONTRACTS

The County intends to award contracts to approximately two (2) to five (5) qualified firms to provide professional engineering and architectural services under this solicitation. The number of awards shall be determined solely by the County based upon the quality of proposals received and the County's anticipated needs.

Selection for award does not guarantee that any minimum amount of work will be assigned. No minimum contract value or quantity of services is guaranteed.

Professional services shall be authorized through individual Task Orders issued by the County. Each

Task Order shall define the project scope, schedule, deliverables, compensation, and any special requirements applicable to the assignment. Task Orders may be assigned based upon factors including, but not limited to:

• Specialized expertise required for the project;

• Demonstrated experience with similar projects;

• Qualifications of the proposed project team;

• Current workload and availability;

• Ability to meet project schedules;

• Past performance on County projects;

• Geographic proximity, when beneficial to the project; and

• Other factors determined by the County to be in its best interest.

The County reserves the right to request a detailed scope of services and fee proposal from one or more selected firms for any individual assignment. The County may negotiate the scope and fee with the selected firm prior to issuance of a Task Order. If negotiations are unsuccessful, the County reserves the right to negotiate with another firm under contract. Nothing contained herein shall obligate the County to distribute work equally among the selected firms.

VII. TASK ORDER PROCEDURES

Professional services shall be performed only upon written authorization by the County through the issuance of a Task Order or other written Notice to Proceed.

For each assignment, the County may provide a written description of the requested services. The selected consultant shall prepare a scope of work and fee proposal identifying the proposed approach, schedule, staffing, deliverables, and estimated compensation.

The County reserves the right to negotiate the scope of services and associated fee prior to authorizing work.

Unless otherwise authorized by the County, no work shall commence until a written Task Order has been executed.

Amendments to Task Orders may be issued when necessary to modify the scope, schedule, or compensation of an authorized assignment.

Emergency assignments may be authorized by the Director of Public Works or his designee when immediate engineering services are required to protect public health, safety, or County infrastructure.

Such emergency authorizations shall be documented in accordance with County procurement procedures.

VIII. PROPOSAL REQUIREMENTS

To facilitate the evaluation process, proposals shall be organized in the following order. Proposals should be concise while providing sufficient information to demonstrate the Offeror's qualifications and ability to perform the requested services.

A. Cover Letter

Provide a cover letter signed by an individual authorized to bind the firm contractually. The cover letter shall include:

• Name and address of the firm.

• Primary office responsible for providing services.

• Name, title, telephone number, and email address of the primary contact.

• A statement that the proposal shall remain valid for a period of one hundred twenty (120) days.

• A statement acknowledging receipt of all addenda, if applicable.

• A statement affirming the firm's ability to perform the requested services.

B. Firm Qualifications

Provide a brief description of the firm, including:

• History and background of the firm.

• Office locations.

• Areas of professional practice.

• Years in business.

• Number of employees.

• Virginia offices available to support the County.

• Professional registrations and certifications.

• Description of the firm's experience providing services to local governments and public agencies.

If the proposal includes subconsultants, identify each subconsultant and describe the services they will provide.

C. Project Team

Identify the personnel who will be assigned to the County.

Include:

• Project Manager(s)

• Principal-in-Charge

• Key technical staff

• Virginia Professional Engineers

• Virginia Registered Architect(s), if applicable

• Virginia Licensed Land Surveyor(s), if applicable

Provide a brief resume for each key individual highlighting:

• Education

• Professional registration(s)

• Years of experience

• Area(s) of expertise

• Years with the firm

• Relevant project experience

The County expects the proposed Project Manager and key personnel to remain assigned throughout the contract term. Substitution of key personnel shall require prior approval by the

County.

D. Relevant Experience

Describe the firm's experience providing services like those requested in this solicitation.

E. Representative Projects

Provide descriptions of no more than five (5) representative projects completed within the past five

(5) years that demonstrate the firm's qualifications to provide the services requested under this solicitation. Projects currently under construction may be included if substantially complete. The

County places greater value on the relevance of the Offeror's experience than on the size or construction value of the referenced projects.

For each project include:

• Client/Owner with contact information

• Project description and location

• Services provided

• Construction Cost (if applicable)

• Completion date

• Project Manager

F. Project Approach

Describe the firm's overall approach to providing on-call professional services.

Include discussion of:

• Communication with County staff

• Project management practices

• Quality assurance and quality control procedures

• Ability to meet schedules

• Availability for emergency assignments

• Coordination with subconsultants

• Methods used to control project costs

G. Current Workload and Availability

Describe the firm's ability to respond promptly to Task Orders.

• Office responsible for serving the County.

• Current workload.

• Availability of proposed staff.

• Ability to meet accelerated schedules.

• Typical response time for routine and emergency assignments.

H. References

Provide a minimum of four (4) references for localities where you have provided on-call professional services similar to those requested in this solicitation. The County reserves the right to contact any reference provided and any other client familiar with the firm's performance.

• Owner

• Contact person

• Title

• Telephone number

• Email address

• Brief description of services provided

I. Additional Information

Offerors may include any additional information they believe demonstrates their qualifications, experience, or ability to successfully perform the requested services.

J. Exceptions

Clearly identify any requested exceptions to the requirements of this solicitation. Failure to identify exceptions shall constitute acceptance of the requirements contained herein.

IX. EVALUATION OF PROPOSALS

Proposals shall be evaluated by an evaluation committee appointed by the County. The committee shall review each proposal to determine the Offeror's qualifications, experience, and ability to provide the requested professional services in accordance with the requirements of this Request for Proposals.

The County reserves the right to request additional information, conduct interviews, request presentations, investigate references, and negotiate with one or more Offerors as permitted by the

Virginia Public Procurement Act.

The County may waive informalities and minor irregularities in proposals when determined to be in the

County's best interest.

Evaluation of proposals shall include, but not be limited to, the following criteria:

Evaluation Criteria Maximum Points

Qualifications and experience of the firm 20

Experience with Virginia local governments and public agencies 20

Qualifications and experience of the proposed project team 20

Demonstrated experience with projects similar to those anticipated by the County 20

Project management approach, responsiveness, and ability to provide timely service 10

Quality of proposal, references, and overall understanding of the County's needs 10

TOTAL 100

Following the initial evaluation, the County may establish a short list of the highest-ranked Offerors for interviews or presentations. Interviews may be conducted when the County determines that additional information is necessary to evaluate qualifications or to clarify proposals.

Following completion of the evaluation process, the committee shall recommend the Offeror(s) determined to be the most qualified to provide the requested professional services. The County reserves the right to negotiate a contract with one or more of the highest-ranked Offerors in accordance with the

Virginia Public Procurement Act.

X. NEGOTIATION AND AWARD

The County intends to award multiple contracts as a result of this solicitation.

Contract negotiations shall be conducted with the Offeror(s) determined to be the most qualified based upon the evaluation criteria established herein. Negotiations may include, but are not be limited to, scope of services, staffing, compensation, insurance requirements, contract terms, and other matters deemed necessary by the County.

If the County is unable to negotiate a satisfactory contract with an Offeror, negotiations may be formally terminated, and the County may negotiate with the next most qualified Offeror, consistent with the provisions of the Virginia Public Procurement Act.

Award of a contract shall not guarantee any minimum amount of work, compensation, or number of

Task Orders.

The County reserves the right to:

• Reject any or all proposals;

• Waive informalities and minor irregularities;

• Request clarification of proposals;

• Cancel or reissue this solicitation;

• Award contracts in whole or in part;

• Make multiple awards;

• Decline to award any contract if determined to be in the County's best interest.

Contract awards shall become effective only upon approval by the Pittsylvania County Board of

Supervisors and execution of a written agreement by all authorized parties.

XI. SPECIAL TERMS AND CONDITIONS

The following provisions shall apply specifically to this solicitation and any resulting contracts. In the event of a conflict between these provisions and the County's General Conditions, these Special Terms shall govern this procurement.

A. No Guarantee of Work - Selection under this solicitation does not guarantee the receipt of any Task

Orders or compensation. Work shall be assigned solely at the discretion of the County.

B. Task Orders - All services shall be authorized by written Task Orders issued by the County. Each

Task Order shall establish the project scope, schedule, compensation, and required deliverables.

C. Ownership of Documents - All reports, studies, drawings, specifications, calculations, electronic files, GIS data, CAD files, photographs, and other work products prepared under this contract shall become the property of Pittsylvania County upon payment for services rendered. The Consultant shall retain the right to maintain copies for its records but shall not reuse documents prepared specifically for the County without written permission.

D. Professional Licensure - Professional services requiring licensure shall be performed under the responsible charge of individuals appropriately licensed in the Commonwealth of Virginia.

E. Standard of Care - Professional services shall be performed in accordance with the degree of care and skill ordinarily exercised by members of the same profession practicing under similar conditions.

F. Additional Services

The County may add to the Scope of Services or make changes in the Scope of Services any services of a similar nature to those specified in the Scope of Services of this Request for Proposals as mutually agreed to at a price mutually agreed upon.

G. Cancellation of Contract:

The purchasing agency 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.

H. Owner/FOIA:

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 Section 2.2-4342D of the Code of Virginia, in writing, either before or at the time the data or other 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, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

I. Subconsultants - The Consultant shall remain fully responsible for all services performed by subconsultants. The use of subconsultants shall not relieve the Consultant of any contractual responsibility.

J. Meetings - The Consultant shall attend meetings with County staff, regulatory agencies, contractors, funding agencies, the Planning Commission, and the Board of Supervisors as requested and when appropriate to the assigned Task Order.

K. Electronic Deliverables - Unless otherwise directed, electronic deliverables shall be provided in formats compatible with County software, including PDF, AutoCAD (dwg / dxf), ArcGIS-compatible

GIS data, Microsoft Office formats, and other mutually acceptable formats.

L. Right to Perform Services Separately - The County reserves the right to perform engineering services using County personnel, procure services through separate contracts, or retain specialty consultants whenever determined to be in the County's best interest.

Except as specifically modified herein, the County's Standard General Conditions shall apply to this solicitation and any resulting contracts.

PITTSYLVANIA COUNTY

GENERAL TERMS AND CONDITIONS

(not all will be applicable)

Any Special terms and conditions will supersede the below terms and conditions

A. VENDORS MANUAL 13

B. APPLICABLE LAWS AND COURTS 13

C. ANTI-DISCRIMINATION 13

D. ETHICS IN PUBLIC CONTRACTING 14

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986 14

F. DEBARMENT STATUS 14

G. ANTITRUST 14

H. CLARIFICATION OF TERMS 15

I. PAYMENT 15

J. PRECEDENCE OF TERMS 16

K. QUALIFICATIONS OF BIDDERS OR OFFERORS 16

L. TESTING AND INSPECTION 16

M. ASSIGNMENT OF CONTRACT 16

N. CHANGES TO THE CONTRACT 16

O. DEFAULT 16

P. TAXES 17

Q. USE OF BRAND NAMES 17

R. TRANSPORTATION AND PACKAGING 17

S. INSURANCE 17

T. ANNOUNCEMENT OF AWARD 18

U DRUG-FREE WORKPLACE 18

V. NONDISCRIMINATION OF CONTRACTORS 19

W. AVAILABILITY OF FUNDS 19

X. SMALL, WOMEN-, MINIORTY AND SERVICE DISABLED VETERAN-OWNED . 19

Z. FORCED OR INDENTURED CHILD LABOR 19

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia

Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit court of Pittsylvania

County. The county and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors

Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/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 sexual orientation, gender identity, 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 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, 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.

b. 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.

c. 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.

d. The requirements of these provisions 1. and 2. are a material part of the contract. If the

Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

e. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

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

D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/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.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over

$10,000:

By entering into a written contract with Pittsylvania County, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in Pittsylvania

County , knowingly employ an unauthorized alien as defined in the federal Immigration Reform and

Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to

Pittsylvania County all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by Pittsylvania County under said contract.

H. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date.

Any revisions to the solicitation will be made only by addendum issued by the buyer.

I. PAYMENT:

1. To Prime Contractor:

a. 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).

b. 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.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. 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 resolved in accordance with Code of Virginia, § 2.2-4363 and -4364.

Upon determining that invoiced charges are not reasonable, the County shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the County, a contractor awarded a contract under this solicitation is hereby obligated:

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

(2) To notify the county and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent 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 (2) 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.

3. The Pittsylvania County encourages contractors and subcontractors to accept credit card payments.

J. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS,

CLARIFICATION OF TERMS, 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.

K. QUALIFICATIONS OF (BIDDERS/OFFERORS): Pittsylvania County may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/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

(bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The County further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the County that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

N. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Department may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Manager’s written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Department decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Department a credit for any savings. Said compensation shall be determined by one of the following methods:

Any additions or changes to the contact shall be mutually agreed upon between the parties in writing and approved by the Purchasing Manger before the changes take affect.

O. 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.

P. TAXES: Sales to Pittsylvania County are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The County’s excise tax exemption registration number is 54-6001508.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.

R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of

Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the

Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate.

Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos-Design, Inspection or

Abatement Contractors

$1,000,000 per occurrence, $3,000,000 aggregate

Health Care

Practitioner (to include

Dentists, Licensed

Dental

Hygienists, Optometrists, Registered or Licensed

Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical

Therapists, Physical

Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-

581.15/ https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Therapist Assistants, Clinical Psychologists, Clinical Social

Workers, Professional

Counselors, Hospitals, or Health

Maintenance

Organizations.)

Insurance/Risk

Management

Landscape Architect $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

T. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the

County’s website (www.pittsylvaniacountyva.gov) for a minimum of 10 days.

U. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

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…

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