A. RFP 2026-02 Pocahontas Landmark Center Feasibility Study.pdf

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 1

REQUEST FOR SEALED PROPOSALS

RFP #2026-02 Pocahontas Landmark Center Feasibility Study

DATE OF THIS REQUEST: May 18, 2026

DESCRIPTION: Professional architectural and engineering services to perform a feasibility study for the

Pocahontas Landmark Center (PLC) located at 4290 Anderson Hwy, Powhatan, VA 23139

PROPOSAL DEADLINE: June 18 , 2026 3:00 P.M. LOCAL PREVAILING TIME (LPT)

SUBMISSION:

Electronic:

Electronic responses will be accepted via Eva only. All electronic responses must be accompanied with at least one sealed clearly marked original physical copy and six (6) additional physical copies of the proposal

(mailed or walked-in) by the proposal deadline. The original copy shall be clearly marked as detailed below.

Mailed or walked-in

Mailed or walked-in physical sealed proposals will also be accepted and must include SIX (6) copies of the proposal AND one (1) original (clearly marked “ORIGINAL”), and a digital copy on a USB drive that shall be submitted in a sealed container. The face of the container shall be clearly marked in the lower left corner as follows:

RFP#: 2026-02

RFP FOR: Pocahontas Landmark Center Feasibility Study

Sealed Proposal must be submitted to:

Sarah Dutton - Powhatan County Administration Office

3834 Old Buckingham Road, Suite B

Powhatan, VA 23139

NON-MANDATORY PRE-PROPOSAL MEETING: A non-mandatory pre-proposal meeting will be held on

May 5, 2026, at 9:00 a.m. Interested offerors shall meet in the parking lot of Pocahontas Landmark Center, located at 4290 Anderson Highway, Powhatan, VA 23139. The meeting will include a summary of the project followed by a walkthrough of the campus, excluding the B Wing. Offerors will be permitted to use their own drones during the site walkthrough. Offerors are encouraged to wear personal protective equipment, especially masks, during the site visit. Offerors will be required to sign a Release and Waiver of Liability to participate in the building walkthrough and to operate a drone on the property. This will be the only time County and School staff will be available to conduct a site walkthrough.

For information relating to this RFP, contact:

Sarah Dutton, Grants and Procurement Coordinator, by email at sdutton@powhatanva.gov.

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 2

PROPOSAL COVER PAGE

RFP #2026-02 Pocahontas Landmark Center Feasibility Study

Obligation of Offeror: By submitting this proposal, Offeror covenants and agrees that it is satisfied, from its own investigation of conditions to be met, that it fully understands the obligation and that it will not make any claim for, or have right to cancellation or relief from the resulting contract, because of any misunderstanding or lack of information.

Offeror further represents and agrees that it has carefully read all conditions herein and submits this proposal subject to all stated requirements. The undersigned hereby acknowledges and agrees, if this proposal is accepted, to furnish all services agreed upon in strict accordance with the contract.

Name and Address of Firm: ____________________________________

Date: ______________________________________________________

By: ______________________________________________________

(Signature in Ink)

Name: ______________________________________________________

(Please Print)

Title: ______________________________________________________

(Please Print)

FEI/FIN NO. _________________________________________________

State Corporation Commission (SCC) NO.__________________________

Phone: (_____) _________________Fax: (_____) ________________

Email: ______________________________________________________

ACKNOWLEDGE RECEIPT OF:

Addendum 1_________

Addendum 2_________

Addendum 3_________

SUBMIT WITH PROPOSAL

________Certification of Non-Collusion (page 11)

________Certification Regarding Felons and Sex Offenders (page 19)

________ W-9 Form

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 3

PURPOSE

The County of Powhatan, herein referred to as “County,” along with the Powhatan County School Board, herein referred to as “Schools” or “PCPS,” jointly seek sealed proposals from licensed, qualified and experienced architectural and engineering firms to perform a comprehensive feasibility study on the Pocahontas Landmark

Center located at 4290 Anderson Hwy, Powhatan, VA 23139, herein referred to as “PLC.”

The County and PCPS intend to enter into a contract with the selected offeror under which both the County and

PCPS shall be parties with rights and obligations as set forth herein.

BACKGROUND

The earliest portion of PLC was constructed in 1937 as a high school. PLC has undergone multiple additions over the years as depicted in the photo below. The campus continues to hold historical and cultural significance for the

County. The building’s impact on the community was formally recognized in 2015 when a Viginia Historical

Highway Marker was installed to provide lasting documentation of the property’s history.

As Powhatan County’s school-age population grew, so did the PLC campus, with several additions constructed onto the original building.

Wing A, highlighted in yellow, is used daily by school staff, county staff, and the public. The central portion of

Wing A contains the original 1937 structure which was renovated in 2019 and currently houses Powhatan County

School administration staff. The square footage of this section is unknown. The basement of this 1937 section holds the wing’s water and heating/cooling equipment.

Wing A includes an addition constructed in 1992, connected to the original structure by a covered walkway. The front section of this approximately 19,500‑square‑foot addition is home to the Powhatan African American

Cultural Arts Museum. The rear portion houses the Powhatan County Parks and Recreation Department, the

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 4 former gymnasium and locker rooms from its time as a middle school.

Wing B, highlighted in pink/purple, was built in the 1940s as the elementary school for the campus. This approximately 18,175 sq ft wing is no longer in use and has been abandoned for several years. The wing is in severe disrepair and is not believed to be structurally sound. It is assumed to contain water damage, black mold, and potential lead and/or asbestos concerns. This wing also has a basement, not included in the approximate square footage, which contains unused water heating equipment. This wing will not be open for offeror access during the non-mandatory site visit.

Wing C, highlighted in green, was originally constructed in 1976, with additions made to this wing in 1979 and in 1992. This approximately 12,000 sq ft wing is separated from Wing A by a wall with a single access door. This portion of the campus contains storage space, and a washer/dryer area regularly accessed by custodial and maintenance staff. Wing C also houses the campus’s main mechanical room, which serves all PLC buildings.

Wing D, highlighted in red, was originally constructed in 1979 and is approximately 14,800 square feet. A 1992 addition expanded this wing to include two classrooms and a cafeteria. Staff use Wing D on a limited basis, and it primarily serves as the access point for the campus dumpsters.

Additionally, highlighted in dark blue, the campus includes an approximate 24’x48’ (approximately 1152 sq

ft) structure referred to as “The Cottage,” which was built in the 1940s. This building has been abandoned for several years and is currently boarded up.

The campus operates its own water and fire protection systems and maintains emergency drinking water storage.

These systems are distributed across several locations on the property. The on‑site well houses supply drinking water to both the PLC and the neighboring elementary school.

Beyond its structural, environmental, and operational considerations, the PLC campus continues to hold deep sentimental and cultural value within the Powhatan community. Community engagement efforts have repeatedly shown that the initial development and former educational use of the property remain an important symbol of identity, pride, and heritage for Powhatan County.

SCOPE OF SERVICES

Phase 1:

The selected offeror shall conduct a detailed feasibility study that includes a comprehensive environmental review; full mechanical, electrical, and plumbing (MEP) systems analysis; recommended temporary safety measures; Campus ADA Compliance Assessment; future parking capacity and occupancy assessments and a structural and financial feasibility assessment to guide future actions. The County will provide any available MEP and/or building drawings to the selected offeror. If at any point the selected offeror identifies any conditions that indicate staff or the public using the PLC may be in danger, the offeror shall notify the County and PCPS within

24 hours.

Environmental Review:

The comprehensive environmental review shall include, but not be limited to, the identification of potential environmental hazards in all wings of the facility. The selected offeror shall perform a comprehensive environmental safety review, including, but not limited to, indoor air, surface, and/or bulk mold sampling, as

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 5 appropriate, as well as indoor air quality and water quality testing. All testing results shall be compared to applicable Virginia Department of Health standards.

Mechanical, Electrical, and Plumbing (MEP) Systems Review:

The comprehensive Mechanical, Electrical, and Plumbing (MEP) systems review shall be conducted for the entire campus. This review shall include, but not be limited to, identifying any shared, interconnected, or dependent systems between the various wings of PLC’s campus. The review shall also indicate whether any MEP systems serve areas deemed unsafe based on the environmental review.

Recommendations for Temporary Safety Measures:

To ensure the safety of all citizens and staff who regularly use PLC, the offeror shall recommend temporary measures to maintain safe building operations (if applicable). Recommendations shall include, but not limited to, physical barriers to restrict access to hazardous areas, sealed zones, signage, and temporary stabilization measures.

The offeror shall also provide guidance regarding air purification or ventilation needs, required personal protective equipment, and interim building operation procedures. Each recommendation shall include an opinion of probable cost.

Campus ADA Compliance Assessment:

The selected offeror shall complete a comprehensive assessment of the ADA compliance of the PLC campus.

This assessment shall include, but not be limited to, ingress and egress, ramps, door widths, ADA‑compliant restrooms, and signage. The selected offeror shall list the recommended improvements needed to bring the campus into ADA compliance and shall provide a professional cost estimate for the recommended improvements.

Structural and Financial Feasibility Study:

The selected offeror shall provide a detailed and comprehensive feasibility study that includes, but is not limited to, the structural and financial feasibility of renovating the PLC campus. The study shall holistically assess each building wing and provide a comprehensive financial analysis comparing multiple options for the future of the campus. These options shall include, but are not limited to, renovation or rehabilitation of existing structures, partial demolition and reconstruction, complete demolition and new construction, and acquisition of new space through purchase or lease. Each option shall include an opinion of probable cost.

Parking Capacity and Occupancy Assessment:

A Parking Capacity and Occupancy Assessment shall be completed to evaluate current conditions and support potential future uses of the PLC campus. The selected offeror shall provide options for potential future parking spaces across the campus and identify future visitor and emergency vehicle access points. Based on current parking totals and any proposed additions, the selected offeror shall provide recommendations for parking improvements or expansions, if needed, as well as the maximum recommended building occupancy that the available parking can support. The offeror shall also include the number of required ADA-compliant parking spaces as part of this assessment.

Final Project Document:

In the final project document, the selected offeror shall provide an opinion of probable cost that links each identified deficiency with its proposed corrective method. All cost estimates shall be prepared by professional cost estimators using industry standards and published construction and facility maintenance cost‑estimating data, RFP #2026-02 Pocahontas Landmark Center Feasibility Study 6 adjusted for local labor and material conditions.

Phase 2 (OPTIONAL AT THE DISCRETION OF THE COUNTY AND PCPS):

It is the County and PCPS’s intention to enter a contract for the services listed in Phase One. The County and

PCPS reserve the right to add additional services as needed for recommended corrective/remediation measures or future construction. Phase 2 may include the development of detailed plans, specifications, and supporting documents necessary to complete any renovation, improvements or demolishment recommended and approved.

The selected offeror may also aid in responding to questions throughout the solicitation process and may provide support with contract administration and closeout services associated with the project.

DELIVERABLES

The selected offeror shall provide twenty (20) bound copies and one (1) digital copy of all final reports and studies listed in the Scope of Services. The County and PCPS shall jointly own all studies, reports and documents associated with this project. The selected offeror shall also be available to present their findings to the County and PCPS at a minimum of four (4) meetings and shall attend at least four (4) public meetings.

PERSONAL PROTECTIVE EQUIPMENT

The selected offeror shall be responsible for providing personal protective equipment and ensuring their employees’ safety throughout the entire project.

REFERENCES

References shall be provided for comprehensive studies performed on older buildings with legacy building systems such as dated MEP components with hazardous building materials, including but not limited to lead and asbestos containing materials, as well as other potential hazardous materials commonly found in mid-20th century construction within the past seven (7) years.

SCHEDULING

The County and PCPS would like the project completed within 274 days of contract execution. Offerors must include a schedule of work in the proposal.

OFFEROR MINIMUM QUALIFICATIONS

Offerors must include documentation of proven resources, experience, and capability to provide the services as described herein. The following criteria shall be met and presented in the Experience/References tab of the written proposal to be eligible for this contract:

1. Demonstrated and proven professional architectural and engineering experience in providing services described in the Scope of Services section of the RFP. Offeror shall have prior experience providing comprehensive studies on older buildings with legacy building systems such as dated MEP components with hazardous building materials, including but not limited to lead and asbestos containing materials, as well as other potentially hazardous materials commonly found in mid-20th century construction within the past seven (7) years.

2. Licensed to do business in Virginia.

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 7

The County and PCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of Offeror to perform the Work and/or furnish the item(s) and Offeror shall furnish to County and

PCPS all such information and data for this purpose as may be requested. The County and PCPS reserve the right to inspect Offeror’s capabilities. County and PCPS further reserve the right to reject any proposal if the evidence submitted by, or investigations of, Offeror fails to satisfy County and PCPS that Offeror is properly licensed/qualified to carry out the obligations of the contract and to complete the Work and/or furnish the items contemplated therein.

PROPOSAL FORMAT AND CONTENT

Proposals should be as concise as possible and include only necessary information, tables, illustrations, photographs, etc. needed to adequately convey the requested information. Proposal shall be limited to a maximum of 30 total pages (front and back acceptable and excludes tabs) using no less than a 12-font size. All required documentation is included in the total page count.

Proposal content shall contain the following information in a 3-ringed, tabbed binder in the order provided below:

1. Cover Page. Furnish the information requested on the REQUEST FOR PROPOSALS COVER PAGE

(pg. 2) of this solicitation and include as the first page of your proposal. The name stated on the Cover

Page must be the full legal name of the Offeror and the address must be that of the office which will have the responsibility for the services provided. Acknowledge all addenda, if any.

If applicable, Offerors must specify on the Cover Page the section(s) of the proposal containing trade secrets or proprietary information. Redacted copies, clearly marked for proposals containing proprietary or confidential information must be submitted with proposals as a separate copy.

2. Management Approach/Methodology

A. Statement by Offeror of its understanding of the work to be performed with descriptions of the approach and illustrations of the procedures to be employed as defined in the Scope of

Work/Services.

B. Discussion of procedures to be employed and additional information required of County and PCPS staff in connection with the work.

C. Description of the assistance expected from County and School staff.

D. Include schedule of work for the project, including key milestones and deliverables dates.

3. Experience/Reference. Provide references for comprehensive studies performed on older buildings with legacy building systems such as dated MEP components with hazardous building materials, including but not limited to lead and asbestos containing materials, as well as other potentially hazardous materials commonly found in mid-20th century construction within the past seven (7) years. If subcontractors or special consultants will be used, they should be identified and references provided. Provide demonstrated experience related to the scope of services as described in the RFP.

4. Staffing. Provide the names, titles, qualifications, degrees, certifications, resumes and licenses (DPOR numbers are acceptable) of key employees, consultants, and sub-consultants proposed to be involved in the project. Show only experience directly related to their assigned duties under the proposed project.

Show continuing education for assigned staff. Include qualifications of any subcontractors or special consultants to be used for the work in the proposal.

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 8

5. Other Information. Include other relevant information Offeror deems necessary to describe its qualifications to provide the services needed to successfully complete work described in the Scope of

Services or which Offeror deems are relevant to its selection.

REQUEST FOR PROPOSAL SCHEDULE

As a guideline, the County and PCPS anticipate the following timetable:

Date Activity/ Event

May 18, 2026 Issue Request for Proposals

May 26, 2026 Non-Mandatory Pre-Proposal Meeting at 10:00am

June 2, 2026 Deadline for questions is 12:00 noon

June 18, 2026 Proposals due prior to 3:00 p.m.

June 25, 2026 Complete initial evaluation of proposals

June 26, 2026 Issue Notice(s) of intent to interview

July 27, 2026 - July 31, 2026 In-person interviews with selected offerors.

Offerors are asked to keep these dates available for interviews

September 28, 2026 Contract Award

SELECTION PROCESS

The County and PCPS will jointly procure this service using competitive negotiations per the Virginia Public

Procurement Act, as follows:

Selection and award. The County and PCPS shall jointly engage in individual discussions with two (2) or more offerors deemed fully qualified, responsible, and suitable on the basis of initial response and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. The offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. In addition, offerors shall be informed of any ranking criteria that will be used by the public bodies in addition to the review of the professional competence of the offeror. The request for proposal shall not, however, request that offerors furnish estimates of man-hours or cost for services. In addition, request for proposals for architectural and engineering services shall not request or require offerors to list any exception to proposed contractual terms and conditions, unless such terms and conditions are required by statute, regulation, ordinance, or applicable capital outlay standards, until after the qualified offerors are ranked. At the discussion stage, the County and

PCPS may discuss nonbinding estimates of total project costs, including, but not limited to, life-cycle costing, and where appropriate, nonbinding estimates of prices for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, outlined in this subdivision, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process to this point, the County and PCPS shall jointly select in the order of preference two (2) or more offerors whose professional qualifications and proposed services are deemed the most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first.

If a contract satisfactory and advantageous to the County and PCPS 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 Offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the County and PCPS determine in writing and in their sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 9 more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror.

PROPOSAL EVALUATION CRITERIA WEIGHTS

The proposal review committee, which shall include representatives from both the County and PCPS, will be using a numerical scoring system and the following criteria to evaluate and rank the proposals submitted:

1. Strength of Overall Proposal. Proposal preparation and general understanding of the project’s scope of work and services. Completeness and quality of proposal. 25

2. Management Approach/Methodology. Degree to which the proposal specifically addresses the items in

County’s Request for Proposals include understanding of County’s objectives, challenges and goals and how Offeror plans to approach and manage the project. 25

3. Experience/ Reference. Experience of the offerors, capabilities in providing comprehensive studies performed on older buildings with legacy building systems such as dated MEP components with hazardous building materials, including but not limited to lead and asbestos containing materials, as well as other potential hazardous materials commonly found in mid-20th century construction within the past seven (7) years. Include subcontractor/consultants experience and references. 25

4. Staffing. Include all key personnel qualifications, experience and licensing of the personnel undertaking the project. Include a list of projects recently completed. The professionalism, ability, experience, and continuity of the proposed staff/consultants to be assigned to the project including the capability of the required staff and consultants to perform the services. 20

5. Other. Any other relevant information offered or discovered during the evaluation process. 5

INSTRUCTIONS TO OFFERORS

1. See SUBMISSION paragraph on cover sheet for instructions on number of copies, requirement for sealed container, and appropriate marking on container.

2. All proposals shall remain valid for 120 days from opening date.

3. Proposals will be time-stamped upon receipt and kept unopened in a secure location until opening.

4. No consideration will be given to date of postmark.

5. Except as otherwise provided, and in accordance with Va. Code § 2.2-4342, all proceedings, records, contracts and other public records relating to the County’s procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia

Freedom of Information Act (Va. Code § 2.2-3700 et seq). Proposals shall not be available for inspection by offerors until interviews, if scheduled, are completed. After award, all proposals become a matter of public record and are available for inspection by the general public. Trade secrets or proprietary information submitted by an Offeror in connection with this procurement transaction shall not be subject to the Virginia Freedom of Information Act, but only if Offeror (i) invokes the protections of Virginia

Code § 2.2-4342 prior to or upon submission of the data or other materials; (ii) identifies the specific data or other materials to be protected, and (iii) states 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.

Redacted copies, clearly marked for proposals containing proprietary or confidential information shall be submitted with proposals.

6. County and PCPS will assume no responsibility for oral instruction or interpretation. Any question

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 10 regarding the procurement solicitation must be in writing (electronic transmission is preferred) and directed only to Sarah Dutton, Grants and Procurement Coordinator at sdutton@powhatanva.gov.

Questions must be received by 12:00 noon on June 2, 2026. Questions submitted beyond the time specified above may be left unanswered if sufficient time does not allow a response to all prospective

Offerors without causing an unacceptable delay in the process. Any material change will be submitted to all Offerors through issuance of an addendum. Addenda will be posted on the County website at www.powhatanva.us and eVA at www.eva.virginia.gov. Any contact with any County or PCPS representative concerning this RFP is prohibited, except as outlined above. Such unauthorized contact may disqualify your firm from this procurement.

7. Each Offeror shall be prepared, if requested by County and PCPS, to present evidence of its experience, qualifications, and financial ability to carry out the terms of the Contract.

8. Proposals shall be signed by an authorized representative of Offeror. All information requested should be submitted. Failure to submit all information requested may result in County requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the County and PCPS. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

9. County and PCPS reserve the right to reject any and all proposals and waive all informalities. In the event County rejects all proposals, the County and PCPS may readvertise or make the purchase on the open market.

10. Each Offeror shall submit a completed W-9 form with its proposal. In the event of contract award, this information is required to issue purchase orders and payments to the selected Offeror. A copy of this form can be downloaded from www.irs.gov/pub/irs-pdf/fw9.pdf.

11. Any Offeror organized or authorized to transact business in Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia MUST include in its bid or proposal the identification number issued to it by the

State Corporation Commission. Any Offeror not required to be authorized to transact business in Virginia as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law MUST include in its bid or proposal a statement describing why the offeror is not required to be so authorized. No Offeror failing to provide the required information shall receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement

Virginia Code § 2.2-4311.2 is granted by the County Administrator. County and PCPS may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of

Virginia Code § 2.2-4311.2.

12. The Successful Offeror will be required to execute the accompanying contract. Exceptions to proposed contractual terms and conditions, other than such terms and conditions required by statute, regulation, ordinance, or standards developed pursuant to Virginia Code § 2.2-1132, shall be submitted in writing with proposal, except for architectural or engineering firms offerors, in which case the offeror must present any requested exceptions in writing at the first interview of the negotiation phase, after offerors are qualified and ranked.

13. 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. The inability of Offeror to satisfy a “must” or “shall” requirement does not automatically remove Offeror from consideration; however, it may seriously affect the overall rating of Offeror’s proposal.

https://www.powhatanva.us/ https://www.eva.virginia.gov/ https://www.irs.gov/pub/irs-pdf/fw9.pdf

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 11

CERTIFICATION OF NO COLLUSION

The undersigned, acting on behalf of______________________________________________, does hereby certify, in connection with the procurement to which this Certification of No Collusion is incorporated and attached, that:

He/she has the authority to bind the forenamed OFFEROR , and that this offer is neither the result of, or affected by, any act of collusion with another person engaged in the same line of business or commerce; nor the result of, or affected by, any act of fraud punishable under Virginia Code § 18.2-498.1 et seq.

By: ______________________________

Print Name

Title

Name of Company

Date

ACKNOWLEDGEMENT

The foregoing Certification of No Collusion was acknowledged before me this _____ day of , 20__, by _____________________________.

_____________________________ Notary Public

My commission expires: ___________________

Notary Registration Number: ___________________

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 12

1. Licenses and Permits. The Contractor must obtain all required licenses and permits prior to commencing work and/or services for the County. This may include, but is not limited to, obtaining a Powhatan County

Business License from the Commissioner of the Revenue’s Office (804-598-5617) and a Building Permit from the Department of Building Inspections (804-598-5622).

2. Laws, Regulations, and Courts.

A. This procurement is governed by the Virginia Public Procurement Act and the Powhatan County

Purchasing Policies and Procedures.

B. The Contractor shall comply with all federal, state and local laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work and shall give all notices required thereby.

C. All solicitations or contracts issued by Powhatan County or the Powhatan County School Board shall be governed by the laws of the Commonwealth of Virginia. Jurisdiction and venue for any litigation arising out of or involving this agreement shall lie in the Circuit Court of the County of Powhatan, Virginia, and such litigation shall be brought only in such courts. The County, PCPS, and the Contractor are encouraged to resolve any issues in controversy arising from contractual dispute using Alternative Dispute Resolution

(ADR) procedures (Code of Virginia, § 2.2-4366); provided, however, that any such ADR procedure shall be nonbinding.

3. Taxes. Pursuant to Virginia Code Section 58.1-609.1(4), the County is exempt from the payment of Virginia state sales and use taxes. Vendors should not include such taxes in invoices presented to the County for payment. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.

4. Anti-Discrimination Statement by County. The County certifies that it shall not discriminate against any bidder, offeror or contractor because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the County has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If Contractor is 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).

5. Anti-Discrimination Statement by Contractor.

A. During the performance of the contract, the Contractor agrees to the following provisions.

1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment, 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.

GENERAL TERMS AND CONDITIONS

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 13

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

B. The Contractor also agrees to include the provisions in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or Contractor.

6. Immigration Reform and Control Act of 1986. Contractor certifies that it does not and will not during the performance of the contract knowingly employee unauthorized alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

7. 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 Contractor.

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 any controlled substance or marijuana during the performance of the contract.

8. Authorization to Transact Business in the Commonwealth. In order to contract with Powhatan County, contractors organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Code of Virginia, Title 13.1 or

Title 50 or as otherwise required by law. Pursuant to competitive sealed bidding or competitive negotiation, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 shall include in its bid or proposal the identification number issued to it by the State Corporation

Commission. Any bidder or 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 bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Any bidder or offeror that fails to provide the required information shall not be awarded a contract unless a waiver of this requirement is granted by the County Administrator. Any business entity as described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the

Commonwealth to be revoked or cancelled at anytime during the contract. Powhatan County may void any contract with a business entity if that entity fails to remain in compliance with the provisions of this section.

9. Indemnification. Contractor agrees to indemnify, defend and hold harmless the County of Powhatan, Virginia, the Powhatan County School Board, and their respective officers, agents, and employees from 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 or 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 PCPS or the failure of the County or PCPS to use the materials, goods, RFP #2026-02 Pocahontas Landmark Center Feasibility Study 14 infrastructure or equipment in the manner already and permanently described by the Contractor on the materials, goods, infrastructure or equipment delivered.

10. Insurance. Contractor certifies that it will have the following insurance coverage at the time the contract is awarded. 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. Contractor further certifies that the Contractor and any subcontractors will maintain this insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Subcontractors, if any, will maintain similar insurance coverage during the entire term of the contract.

Minimum Insurance Coverage and Limits Required:

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

County 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 “County of Powhatan, Virginia, the Powhatan County School Board, and their respective officers, agents, and employees” shall be added as additional insureds on a primary basis and so endorsed on the policy.

Such additional insured status shall be primary without participation by the County’s or PCPS's insurers.

4. Automobile Liability - $1,000,000 combined single limit.

5. Professional Liability/Errors and Omissions - If applicable to the services being provided, Contractor shall maintain Professional Liability (Errors and Omissions) insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, covering claims arising out of the Contractor’s negligent acts, errors, or omissions in the performance of professional services under this Contract. Such coverage shall be maintained for a period of not less than three

(3) years after completion of the services.

11. Debarment Status. The Contractor certifies that it is not currently debarred from submitting proposals or bids on contracts by any department, agency or political subdivision of (i) the Commonwealth of Virginia,

(ii) any other state, or (iii) the federal government, nor is it an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by the same.

12. Payment.

A. Contractor shall provide the County with a complete and accurate IRS Form W-9.

B. Invoices for products/services ordered, delivered, and accepted shall be submitted by the Contractor to their point of contact with the County.

C. Unless otherwise specified, any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after correct invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

D. Unless otherwise provided under the terms of the contract, interest shall accrue at the rate of one percent

(1%) per month.

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 15

E. Date of payment is deemed to be (1) the date of postmark in all cases where payment is made by mail, or

(2) the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt

Collection Act.

F. 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).

G. The Contractor is obligated to: (1) 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 (2) notify the County and the subcontractor(s) within seven days, in writing of the Contractor’s intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.

H. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month on all amounts owed by the Contractor that remain unpaid after seven days following receipt by the contractor of payments from the County, except for amounts withheld as states in Section g above.

I. These provisions apply to each sub-tier Contractor performing under the primary contractor. A contractor’s obligation to pay an interest charge to a subcontractor shall not be construed to be an obligation of the County. A contract modification shall not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

13. Availability of Funds. It is understood and agreed between the parties that the County and PCPS shall be bound hereunder only to the extent of the funds available, or which may hereafter become available. The contract will be contingent upon annual appropriations by the Board of Supervisors of Powhatan County.

Failure of the Board of Supervisors to appropriate adequate funds for the terms of the contract shall result in the immediate cancellation of the contract. There shall be no penalty should the Board fail to make annual appropriations for the contract.

14. Assignment of Contract. This contract is not assignable by the Contractor in whole or in part without the prior written consent of the County and PCPS.

15. Default. It shall be the Contractor’s responsibility to make sure that all work is adequately completed as required. In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County or PCPS, after five (5) days have passed from the date of delivery of written notice, may procure them 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 or PCPS may have.

16. Changes to the Contract. All contract modifications must be approved by the Powhatan County

Administrator or his designee in consultation with PCPS. The County will not assume responsibility for the cost of any changes made without proper consent. No fixed-price contract may be increased by more than

RFP #2026-02 Pocahontas Landmark Center Feasibility Study 16 twenty-five percent (25%) or $50,000, whichever is greater, without advance approval of the Powhatan

County Board of Supervisors.

Changes can be made to the contract in any of the following ways:

A. 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.

B. The County, in consultation with PCPS, 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

County of the adjustment to be sought, and before proceeding to comply with the notice, shall await the

County’s written decision affirming, modifying, or revoking the prior written notice. If the County 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 County a credit for any savings.

Said compensation shall be determined by one of the following methods:

1. By mutual agreement between the parties in writing; or

2. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to the County’s right to audit the Contractor’s records and/or to determine the…