AnnualEngineeringServices_10.01.2026.pdf

Request for Proposal

RFP# 26-2110AO

Annual Contract for Engineering Services

New Kent County and New Kent County Public Schools

Issue Date: October 1, 2026

Due Date: November 5, 2026, 2:00 p.m.

New Kent County

12007 Courthouse Circle P.O. Box 150

New Kent County, Virginia 23124 804-966-9683 rahathaway@newkent-va.us

REQUEST FOR PROPOSALS (RFP)

RFP# 26-2110AO

mailto:rahathaway@newkent-va.us

Title: Annual Contract For Engineering Services, County of New Kent, Virginia

RFP#: 26-2110AO

Issue Date: October 1, 2026

Due Date: November 5, 2026

Issuing Department: New Kent County Administration 12007 Courthouse Circle / P.O. Box 150 New Kent, VA 23124

New Kent County intends to conduct this procurement as a joint procurement on behalf of New Kent County and New Kent County Public Schools. The resulting Annual Engineering Services Contract may be utilized by both public bodies for eligible engineering, surveying, planning, construction administration and related professional services within the scope of this solicitation.

The New Kent County Public Schools shall be considered an authorized participating public body under the resulting contract. The Schools may obtain professional services from the selected Consultant(s) through individual task orders issued by or on behalf of New Kent County Public Schools, subject to the terms, conditions, rates, and other provisions of the resulting contract.

The submittal, consisting of the original proposal, five (5) additional written copies, and one electronic version, all marked “Proposal – RFP# 26-2110AO Annual Contract for Engineering Services, County of New Kent, Virginia” will be received no later than 2:00 p.m., Thursday, November 5, 2026, by:

IN PERSON OR SPECIAL COURIER

New Kent County Administration Office 12007 Courthouse Circle

OR

U.S. POSTAL SERVICE

New Kent County Administration Office P O Box 150 New Kent, VA 23124

Time is of the essence and any proposal received after 2:00 p.m., Thursday, November 5, 2026, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock stamp in the Administration Office. Proposals shall be placed in a sealed, opaque envelope, marked in the lower left-hand corner with the RFP number, title, and date and hour proposals are scheduled to be received. Offerors are responsible for ensuring that their proposal is stamped by the Administration office personnel by the deadline indicated.

Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition.

On the contrary, all responsible firms are encouraged to submit proposals. New Kent County reserves the right to accept or reject any or all proposals submitted.

The awarding authority for this contract is the County Administrator.

Technical questions concerning this Request for Proposals should be submitted to Rodney Hathaway, County Administrator at rahathaway@newkent-va.us no later than Wednesday, October 21, 2026.

REQUEST FOR

PROPOSAL RFP:

26-2110AO

ANNUAL CONTRACT FOR ENGINEERING

SERVICES COUNTY OF NEW KENT, VIRGINIA

I. BACKGROUND

Founded in 1654, New Kent County has a rich history that includes numerous historic sites, communities, and notable individuals. The County is traditionally rural in character and is strategically located between Richmond and Williamsburg, with convenient access to both communities via Interstate 64. New Kent County has an estimated population of 28,022 residents (U.S. Census Bureau, July 1, 2025 estimate) and has experienced significant population growth in recent years, with a 21.5 percent increase in population since 2020.

This continued growth has increased the County's need for planning, design, engineering, construction, and infrastructure-related services. The County is bordered by Hanover, King William, King and Queen, James City, Charles City, and Henrico Counties. New Kent County is located within the Richmond Metropolitan Statistical Area (MSA) and is strategically situated near the Hampton Roads and Middle Peninsula regions. The FY 2027 budget for New Kent County government is approximately $271.4 million. The County is experiencing continued residential, commercial, and industrial development, resulting in ongoing investments in transportation, water and wastewater infrastructure, public facilities, parks and recreation, schools, and other community infrastructure.

New Kent County is seeking qualified engineering firms to provide a broad range of professional engineering services on an annual, as-needed basis. Services may include, but are not limited to, planning and feasibility studies, surveying and site evaluation, civil engineering and design, transportation and drainage improvements, water and wastewater infrastructure, utility coordination, construction administration, permitting, cost estimating, and other engineering services required to support the County's capital improvement program and operational needs.

Additional information regarding New Kent County, its departments, programs, and current initiatives is available at https://www.newkent-va.us.

II. PURPOSE AND OBJECTIVES

New Kent County (the “County” or the “Owner”) is seeking sealed proposals from qualified engineering firms (the “Offeror” or the “Consultant”) who wish to be considered to provide engineering services to New Kent County Departments and the New Kent County School Board Administration in support of the planning, design, review, and inspection of projects located throughout the County. Engineering services https://www.newkent-va.us/ intended to support the County under this contract will consist of but are not limited to:

general civil, site plan review, traffic and transportation, structural, mechanical/electrical/and plumbing (MEP), fire suppression and fire alarm, and geotechnical services. These services shall be provided on an “as needed and as requested basis” for a broad range of projects. The Offeror may choose to propose on all or any combination of the Scope of Services in which the Offeror has an interest.

The Annual Engineering Services Contract awarded as result of the RFP shall not guarantee a specific amount of work to any firm. The Owner reserves the right to make multiple awards from this solicitation and/or utilize other providers for specific engineering services. All necessary staffing, management, supervision, materials, equipment and supplies shall be provided by the firm(s) to complete the identified services.

For many of the Groups listed below it is anticipated that the Offeror selected could consist of more than one engineering firm. It is not expected nor intended that the County will only consider qualified engineering firms able to provide all services “in-house”. At the time of Offeror selection, the selected Consultant would be the entire “team” included in the Offeror’s RFP submittal for that Group.

III. SCOPE OF WORK

The scope(s) of services for this RFP is outlined below and each description of services is general in nature. Services performed under this contract shall meet applicable Virginia Department of Transportation (VDOT), Virginia Department of Environmental Quality (VDEQ), Virginia Department of Health (VDH), Virginia Department of Housing and Community Development, American Association of State Highway and Transportation Officials (AASHTO), Americans with Disabilities Act (ADA), U.S. Army Corps of Engineers (USACE), Owner requirements and standards, as well as other applicable local, state, or federal regulations. The County will at the time of actual project solicitation, provide more detailed requirements as to regulations and guidelines that the project must follow.

Group 1, General Civil Engineering Services and Surveying - Shall consist of but are not limited to the various sub categories of civil engineering services listed below:

A. Civil Engineering I. Site requirements and/or develop of site plans meeting local, state and federal rules, regulations and codes II. Feasibility studies, audits, and on-site surveys of designated areas.

III. Provide accurate cost estimates for construction projects.

IV. Construction inspections and Administration Services.

V. Additional basic engineering services as required.

B. Site Plan Review – Site Plan Review shall consist of the engineering services listed below and shall include but is not limited to:

I. Review site and subdivision plans submitted by developers for compliance with the Virginia Department of Environmental Quality (DEQ), the County’s Erosion and Sediment Control and Stormwater standards and requirements, and Chesapeake Bay Preservation Area requirements on an “As Needed and Requested Basis”.

II. The Engineer reviewer shall have fourteen (14) calendar days from receipt of the plans to submit all comments, calculations and redline drawings to the Owner. The Engineer reviewer shall be available after the initial submission to answer questions and resolve any outstanding issues with staff.

III. The Engineer reviewer shall be prohibited from reviewing plans submitted by his/her own firm, the firm’s sub-contractors, a partner firm or any other organization whereby the review could create a potential conflict of interest.

Group 2, Structural Engineering:

A. Facility requirements and utilization studies and condition assessments for existing facilities.

B. Feasibility studies for new, renovation, and alteration projects.

C. Design services for alterations, and renovation projects; preparation of preliminary documents, working drawings, specifications, and construction estimates.

D. Studies, audits, and plan review for compliance with the Virginia Uniform Statewide Building Code.

E. Additional structural engineering services as required for minor and or new construction, renovation or alteration projects to consist of, but not be limited to planning, project evaluation and handicapped accessibility.

Group 3, Mechanical, Electrical, Plumbing (MEP), and Fire Suppression and Alarm Systems Engineering:

A. Requirements and utilization studies.

B. Feasibility studies for new, renovation, and alteration projects.

C. Studies, audits, and plan review to determine compliance with the

Virginia Uniform Statewide Building Code.

D. Studies and evaluations of existing systems.

E. Design services for minor new construction, alteration, and renovation projects to include project evaluation, planning preparation of reports, preliminary documents, working drawings, specifications, and construction cost estimates.

I. Mechanical and electrical designs utilizing variable frequency drives for pumps with water and wastewater facilities for the Owner.

II. Additional MEP services as required.

Group 4, Geotechnical Engineering:

A. Soils —monitoring of compacted structural fill placement, subsurface exploration, design recommendation based upon laboratory or field examinations. Preliminary soils review and classification.

B. Review and development of number of borings, location and depth, before commencing geotechnical investigations.

C. Detailed soils/site investigations to include borings/test pits, soil classifications, stratification, and recommended soil bearing capacity, by a PE registered in the Commonwealth of Virginia.

D. Preparation of reports summarizing findings from investigations, including construction recommendations regarding excavation, cut and fill, and foundation, pavement, and slab design recommendations.

E. Review of geotechnical reports prepared by others and certification of acceptance as the Geotechnical Engineer of record.

F. Laboratory testing for moisture density determination, soil classification, CBR, moisture content, Atterberg limits, proctors, gain size, etc.

G. Concrete and masonry including inspection of reinforcing steel, forms and post tensioning, concrete placement, and/or monitoring utilizing slump and air content tests, casting test specimens, mortar cubes and compressive strength of masonry unit assemblies.

H. Compliance and/or verification testing of concrete, aggregate, asphalt, cement admixtures; masonry/mortar testing as required.

I. Structural steel and fireproofing inspection including non-destructive testing of field welds or mechanical connections, and structural inspection of installation of shop fabricated timber assemblies, or field assembled timber construction.

I. Field/Shop Inspection of fabricated steel or timber units.

II. Fireproofing inspection/laboratory analysis.

III. Non-destructive Testing (NDT) as needed.

IV. Environmental testing as required.

V. Other engineering inspections or testing as required for specific projects.

VI. Submission of a statement of special inspections.

VII. Coordination and completion of all required special inspections as required for specific projects.

VIII. Preparation of necessary reports of special inspections documenting completion of all required special inspections.

Group 5, Construction Administration Services - Services may include, but are not necessarily limited to, the following:

A. Assist the County in obtaining bids or negotiating proposals for each prime contract for construction.

B. Consult with and advise the County as to the acceptability of subcontractors and other persons and organizations proposed by the prime contractor.

C. Pre-construction conferences and coordination.

D. Review of contractor schedules, submittals, shop drawings, product data, samples, and other construction documents.

E. Construction observation and inspection, including periodic or full-time observation when specifically authorized.

F. Documentation of construction progress through field reports, photographs, inspection reports, and other appropriate documentation.

G. Administration and maintenance of project logs, including submittals, RFIs, change orders, pay applications, and other project record.

H. Review of contractor pay applications and recommendations regarding payment.

I. Review and evaluation of proposed change orders, requests for additional compensation, and requests for extensions of time.

J. Coordination of construction testing, inspections, and specialty consultants.

K. Conduct or participate in in construction progress meetings and preparation of meeting minutes.

L. Preparation of project status reports addressing schedule, budget, progress, significant issues, and anticipated changes.

M. Substantial completion and final completion inspections.

N. Preparation and administration of punch lists.

O. Review of project closeout documentation, including warranties, operation and maintenance manuals, as-built drawings, certifications, affidavits, and other required documents.

P. Other construction administration services reasonable related to the project and authorized by the County through a task order.

Group 6, Industrial Hygiene / Hazardous Materials:

A. Inspection and testing services to identify the presence and location of asbestos

(ACM), lead-based paint (LBP), and/or mold.

B. Perform indoor air quality and industrial hygiene monitoring, as well as testing to determine a solution to indoor contaminant levels.

C. Preparation of plans and specifications for removal and abatement projects, conduct pre-bid meetings, assist with contractor selection.

D. Post remediation testing and inspections.

Group 7, Acoustical Engineering:

A. Review available architectural, engineering, and building documentation.

B. Conduct on-site observations and field investigations of existing acoustical conditions.

C. Identify existing noise sources, sound transmission issues, reverberation concerns, and other acoustical deficiencies.

D. Perform baseline sound-level measurements where appropriate.

E. Evaluate exterior noise sources, including traffic, mechanical equipment, emergency vehicles, and adjacent properties.

F. Evaluate HVAC and mechanical systems for acoustical impacts, including equipment noise, duct-borne noise, vibration, and air-transfer noise.

G. Develop recommendations for acoustical treatments, including sound-absorptive materials, diffusers, barriers, acoustic panels, and ceiling systems.

H. Incorporate applicable industry standards and guidelines, including relevant ANSI, ASTM, ASHRAE, ICC, and applicable acoustical engineering standards.

I. Identify applicable performance requirements and incorporate them into the project design and construction documents.

J. Provide acoustical details and recommendations for incorporation into the architectural and engineering construction documents.

K. Review architectural and engineering plans, specifications, and details for acoustical performance.

L. Identify potential acoustical conflicts or deficiencies and recommend corrective measures.

M. Provide written reports, calculations, drawings, schedules, and other documentation necessary to support the design.

IV. GENERAL REQUIREMENTS

A. All Engineering and Geotechnical firms shall be registered in the Commonwealth of Virginia.

B. All design and professional services shall be in accordance with all applicable and most current versions of local, State and Federal codes, rules regulations, ordinances, specifications, policies and procedures.

C. The firm(s) selected shall be responsible for, but not limited to, studies, reports, preliminary investigations, preliminary cost estimates based on contract pricing schedules, inspections, design and project bid/request for proposal specifications and documentation for selected projects in the engineering groups described herein. The scope of services and fees for projects assigned under any contract resulting from this RFP will vary according to the requirements of the Owner and shall be negotiated on individual project basis.

D. The professional and technical adequacy of designs, drawings, specifications, documents, and other work products furnished under the resulting contract will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession. Where the Owner must have work done by Contract Change Order or additions resulting from an error or omission by the firm, firm shall provide, at no costs to the Owner, all professional services attributable to the Contract Change Order. This is in addition to the Owner’s right to recover from the firm damages for firm’s errors and omissions.

E. The firm(s) selected shall be responsible for coordination with all applicable project utility companies to include gas line, water, sewer, easement(s) acquisition, etc.

F. The Owner reserves the right, at all times to perform work in-house or to award large or specialized projects on a separate competitive negotiation basis. The Owner also reserves the right to determine the appropriate contractor for a particular project based on each contractor’s qualifications, expertise, capabilities, availability, performance record, current workload, location, distance to the project and other pertinent factors.

G. Firms under contract shall provide drawings on 24 x 36 inch drawing sheets, and prepared/printed in black ink. Including cover sheet. Prepare the drawings so that they are legible and clear when reduced to half size, with lettering on the originals no smaller than 1/8 inch high. Provide table of contents for each CD and use layering systems suggested by the latest version of the Engineer and Surveyors Institute which follow the American Institute of Architects “Cad Layering Guidelines”. Copies of these design documents shall be furnished to the Owner upon completion in both hard copy and digital/electronic format (CD).

H. All documents shall be prepared and furnished to the Owner and Purchasing as both draft and final versions in both hard copy and electronic format in either Microsoft (MS) Word or other format as determined by the Owner.

I. The firm shall submit a complete and approved construction document package for Invitation for Bid, Request for Proposal, Contract, to the Purchasing Department for bid preparation.

J. The Firm/Engineer shall be responsible for coordinating the design and construction work with other Engineers where the projects connectivity and are impacted by other projects.

V. PROPOSAL FORMAT

Each Offeror shall provide a written proposal in the format outlined below. The proposal shall include as a minimum the following sections arranged in the specified order.

A. Cover Sheet. Indicate Group(s) and/or Sub-Group(s) included in firm’s proposal.

B. Project Approach, Management Skills and Technical Expertise. This tab should describe in detail the offeror’s proposal for providing the engineering services solicited by this Request for Proposals. Provide information that will indicate the Offeror’s ability to meet time schedules that are project specific, respond quickly to task assignments, be able to handle multiple tasks concurrently and be able to complete tasks on accelerated schedules.

C. Identification of Project Manager and their experience leading similar services.

D. Project Team: Credentials/Experience of the Project Team. Describe how your firm and project team will manage the assigned task, quality control, strengths of the project team, prior experience with similar projects. Provide resumes for key project staff members only. Provide resumes of sub-contractors and identify what task/support they will provide and their relevant experience for those tasks.

E. Relevant Experience. Provide execution time (contract/actual); construction cost (estimated/actual); and any problems encountered and solutions devised/applied.

Provide information on delivery of projects on time and within budget.

Acknowledge and describe any proposed deviations from the Scope of Services.

F. Understanding of the Task Requirements. Provide a narrative describing how you intend to accomplish task requirements for the particular service Group.

Address your understanding of the overall service Group requirements.

G. Capability for Timely Response. List proximity of engineering firm’s office to The New Kent County Government Office Complex (driving time).

H. Compliance with Contractual Terms and Financial Responsibility. Provide a definitive statement of intent to comply with the contract terms and conditions as delineated in this RFP. If proposed terms and conditions are not acceptable as described, note and explain any exceptions; however, failure to agree to terms required by law or County purchasing regulations may be grounds for disqualification of the proposal.

I. Confirmation of the specific engineering service Group for which the proposal is submitted consistent with the engineering service Group starting on page 2. Sub Groups/descriptions are to be tabbed for easy reference.

J. References. Provide five (5) references to include: company name, contact name, phone number and email address. References may be contacted as part of the evaluation process. Also include awards and letters of commendation received along with references.

VI. SUBMITTAL

Five (5) identical copies of the proposal and one (1) electronic copy shall be addressed to the County as follows:

Rodney A. Hathaway, County Administrator New Kent County Administration Office 12007 Courthouse Circle PO Box 150

VII. EVALUATION CRITERIA

Proposals will be evaluated on various criteria including but not limited to:

A. Priority assigned to New Kent County projects by offeror;

B. Depth and variety of staff expertise, including without limitation:

1. resumes of key individuals

2. education

3. staff size

4. expertise

5. location of and availability of key personnel and staff (Virginia office)

C. Managerial capabilities:

1. ability to manage several projects simultaneously and expeditiously

2. approach to problem/task resolution

3. management staff and amount of direct participation

i. demonstrated interest of consultant

ii. firm's principals and direct participation in proposed projects

4. means of controlling project scope

5. evaluation techniques

6. data gathering methods

7. communication procedures

8. team organization and amount of experience as a team

D. Familiarity with federal, state and local codes, conditions, and ordinances were essential to proper performance;

E. Past performance record and relevant experience;

1. references – showing names, addresses, and phone numbers (the County reserves the right to contact previous clients and inspect both on-site and design work)

2. quality of work, timeliness, diligence, ability to meet budget F. Overall quality of firm and proposal (includes reputation and integrity within the engineering community);

G. Technical Capabilities

1. description of facilities and production capabilities H. At the discussion stage, the County may discuss with the offeror non-binding estimates of total project costs, including, but not limited to, life-cycle costing and, where appropriate, non-binding estimates of price for services.

VIII. SELECTION PROCEDURE

New Kent County may make final award to multiple offerors in each Group depending upon expertise of the offeror and County needs for different types of Engineering Services.

Assignment of work to successful offerors shall be as previously described in the section entitled "Purpose and Objectives." Selection of the successful offerors shall be as follows:

A. Offerors should make written proposals offering their qualifications and understanding of the request as presented. Proposals should be specific as to the ability to perform Engineering Services related to the specific “Groups” identified in the “Scope of Work”

B. Following evaluation of the written proposals as submitted, the County shall engage in individual discussions with the offeror or offerors deemed fully qualified, responsible, and suitable on the basis of the written proposals and with emphasis on professional competence. Such offerors shall be encouraged to elaborate on their qualifications, as well as alternative concepts, and to answer questions from evaluation team members.

C. Following these discussions, on the basis of the evaluation factors listed in this request and all information developed in the selection process to this point, the County shall select in the order of preference those offerors whose professional qualifications and proposed services are deemed most meritorious.

D. Negotiations shall then be conducted with the offerors ranked first in each category of services identified by the County as being needed. If a satisfactory contract cannot be successfully negotiated with the offerors ranked first in each such category, then negotiations with those offerors shall be formally terminated, and negotiations shall be conducted with the offeror ranked second, and so on until such a fair and reasonable contract can be negotiated.

IX. CONTRACT

The resulting contract is intended to serve as a joint contract of New Kent County and the New Kent County School Board Administration. The Schools may utilize the contract during the contract term for professional services within the scope of the solicitation without conducting a separate competitive procurement, provided that the Schools has approved participation in the joint procurement and complies with all applicable legal, budgetary, and authorization requirements.

The consultant agrees that the same negotiated hourly rates, unit prices, terms, conditions, insurance requirements, and other contractual provisions applicable to New Kent County shall apply to services performed for the New Kent County Schools, unless otherwise agreed to in writing and permitted under the contract. The Schools use of the contract shall not constitute a guarantee of work or compensation. All assignments shall be authorized through individual task orders or other written authorization approved by the appropriate public body. New Kent County reserves the right to administer the overall contract on behalf of the participating public bodies, including contract renewals, amendments, rate negotiations, and other administrative matters, subject to the authority granted by each participating public body and applicable law.

X. EXCEPTIONS TO THE RFP

All exceptions shall be clearly identified and the written explanation shall include the scope of the exceptions, ramification of the exception for the County and a description of the advantages to be gained by the County as result of these exceptions. The County reserves the right to accept or reject any exceptions.

XI. CORRESPONDENCE AND QUESTIONS REGARDING THE RFP

All questions or requests for information should be submitted in writing to:

Rodney Hathaway, County Administrator New Kent County Administration Office 12007 Courthouse Circle PO Box 150 New Kent, VA 23124 rahathaway@newkent-va.us

All questions shall be received prior to Wednesday, October 21, 2026 at 4:30 PM.

Questions will be answered in the form of an addendum and posted on the New Kent County website and the state procurement website (eVa).

Telephone communication with County staff is not encouraged. It is an explicit provision of this Request for Proposal that any oral communication is not binding on the County’s proposal process or award of the contract.

Attachment A

GENERAL CONTRACT TERMS AND CONDITIONS

A. Annual Appropriations

It is understood and agreed that the contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the New Kent County Board of Supervisors. Should the Board fail to appropriate funds for this Contract, the Contract shall be terminated when existing funds are exhausted. The Successful Offeror (“Successful Offeror” or “contractor”) shall not be entitled to seek redress from the County or its elected officials, officers, agents, employees, or volunteers should the Board of Supervisors fail to make annual appropriations for the Contract.

B. Award of the Contract

1. The County reserves the right to reject any or all proposals and to waive any informalities.

2. The Successful Offeror shall, within fifteen (15) calendar days after Contract documents are presented for signature, execute and deliver to the Administration office the Contract documents and any other forms or bonds required by the RFP.

3. The Contract resulting from this RFP is not assignable.

4. Notice of award or intent to award shall be posted on the County’s website.

C. Collusion

By submitting a proposal in response to this Request for Proposal, the Offeror represents that in the preparation and submission of this proposal, said Offeror did not, either directly or indirectly, enter into any combination or arrangement with any person, Offeror or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. § 1 et seq.) or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

D. Compensation

The Successful Offeror shall submit a complete itemized invoice on each delivery or service that is performed under the Contract. Payment shall be rendered to the Successful Offeror for satisfactory compliance with the Contract within forty-five (45) days after receipt of a proper invoice.

E. Controlling Law and Venue

The Contract will be made, entered into, and shall be performed in New Kent County, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflicts of law principles. Any dispute arising out of the Contract, its interpretations, or its performance shall be litigated only in the New Kent County General District Court or the Circuit Court of New Kent County, Virginia.

F. Default

1. If the Successful Offeror is wholly responsible for a failure to perform the Contract (including, but not limited to, failure to make delivery of goods, failure to complete implementation and installation, and/or if the goods and/or services fail in any way to perform as specified herein), the County may consider the Successful Offeror to be in default. In the event of default, the County will provide the Successful Offeror with written notice of default, and the Successful Offeror shall provide a plan to correct said default within 20 calendar days of the County’s notice of default.

1. If the Successful Offeror fails to cure said default within 20 days, the County, among other actions, may complete the Contract work through a third party, and the Successful Offeror shall be responsible for any amount in excess of the Contract price incurred by the County in completing the work to a capability equal to that specified in the Contract.

G. Discussion of Exceptions to the RFP

This RFP, including but not limited to its venue, termination, and payment schedule provisions, shall be incorporated by reference into the Contract documents as if its provisions were stated verbatim therein. Therefore, Offerors shall explicitly identify any exception to any provisions of the RFP in a separate “Exceptions to RFP” section of the proposal so that such exceptions may be resolved before execution of the Contract. In case of any conflict between the RFP and any other Contract documents, the RFP shall control unless the Contract documents explicitly provide otherwise.

H. Drug-Free Workplace to be Maintained by the Contractor (Va. Code § 2.2-4312)

1. 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.

2. 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 in accordance with the Virginia Public Procurement Act, 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.

I. Employment Discrimination by Contractor Prohibited

1. During the performance of this Contract, the contractor agrees as follows (Va. Code § 2.2- 4311):

(a) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or 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.

2. The contractor will include the provisions of the foregoing subparagraphs (a), (b), and (c) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

J. Employment of Unauthorized Aliens Prohibited

Any contract that results from this Request for Proposal shall include the following language: "As required by Virginia Code §2.2-4311.1, the contactor does not, and shall not during the performance of this agreement, in the Commonwealth of Virginia knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986."

K. Indemnification

The Successful Offeror agrees to indemnify, defend and hold harmless New Kent County, the County’s officers, agents and employees, from any claims, damages, suits, actions, liabilities and costs of any kind or nature, including attorneys’ fees, arising from or caused by the provision of any services, the failure to provide any services or the use of any services or materials furnished (or made available) by the Successful Offeror, provided that such liability is not attributable to the County’s sole negligence.

L. Insurance Requirements

The Successful Offeror shall maintain insurance to protect itself and New Kent and New Kent’s elected officials, officers, agents, volunteers and employees from claims under the Workers' Compensation Act, and from any other claim for damages for personal injury, including death, and for damages to property which may arise from the provision of goods and/or services under the Contract, whether such goods and/or services are provided by the Successful Offeror or by any subcontractor or anyone directly employed by either of them. Such insurance shall conform to the Insurance Specifications.

(Attachment B)

M. No Discrimination against Faith-Based Organizations

The County does not discriminate against faith-based organizations as that term is defined in Va.

Code § 2.2-4343.1.

N. Offeror's Performance

1. The Successful Offeror agrees and covenants that its agents and employees shall comply with all

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

2. The Successful Offeror shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.

3. The Successful Offeror shall cooperate with New Kent officials in performing the Contract work so that interference with normal operations will be held to a minimum.

4. The Successful Offeror shall be an independent contractor and shall not be an employee of the

County.

O. Ownership of Deliverable and Related Products

1. The County shall have all rights, title, and interest in or to all specified or unspecified interim and final products, work plans, project reports and/or presentations, data, documentation, computer programs and/or applications, and documentation developed or generated during the completion of this project, including, without limitation, unlimited rights to use, duplicate, modify, or disclose any part thereof, in any manner and for any purpose, and the right to permit or prohibit any other person, including the Successful Offeror, from doing so.

To the extent that the Successful Offeror may be deemed at any time to have any of the foregoing rights, the Successful Offeror agrees to irrevocably assign and does hereby irrevocably assign such rights to the County.

2. The Successful Offeror is expressly prohibited from receiving additional payments or profit from the items referred to in this paragraph, other than that which is provided for in the general terms and conditions of the Contract.

3. This shall not preclude Offerors from submitting proposals, which may include innovative ownership approaches, in the best interest of the County.

P. Record Retention and Audits

1. The Successful Offeror shall retain, during the performance of the Contract and for a period of five years from the completion of the Contract, all records pertaining to the Successful Offeror’s proposal and any Contract awarded pursuant to this Request for Proposal. Such records shall include but not be limited to all paid vouchers including those for out-of-pocket expenses; other reimbursement supported by invoices, including the Successful Offeror’s copies of periodic estimates for partial payment; ledgers, cancelled checks; deposit slips; bank statements; journals;

Contract amendments and change orders; insurance documents; payroll documents; timesheets;

memoranda; and correspondence. Such records shall be available to the County on demand and without advance notice during the Successful Offeror’s normal working hours.

2. County personnel may perform in-progress and post-audits of the Successful Offeror’s records as a result of a Contract awarded pursuant to this Request for Proposals. Files would be available on demand and without notice during normal working hours.

Q. Severability

Each paragraph and provision of the Contract is severable from the entire agreement and if any provision is declared invalid the remaining provisions shall nevertheless remain in effect.

R. Small, Women-Owned and Minority-Owned (SWAM) Businesses

The County welcomes and encourages the participation of small businesses and businesses owned by women and minorities in procurement transactions made by the County. The County actively solicits both small business, women-owned and minority (SWAM) businesses to respond to all Invitations for Bids and Requests for Proposals.

All solicitations are posted on the County’s Internet site:

http://va-newkentcounty.civicplus.com/bids.aspx

S. Subcontracts

No portion of the work shall be subcontracted without prior written consent of the County. In the event that the Successful Offeror desires to subcontract some part of the work specified in the Contract, the Successful Offeror shall furnish the County the names, qualifications, and experience of the proposed subcontractors. The Successful Offeror shall, however, remain fully liable and responsible for the work to be done by his/her subcontractor(s) and shall assure compliance with all the requirements of the Contract.

T. Taxes

1. The Successful Offeror shall pay all county, city, state and federal taxes required by law and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be in addition to the Contract price between New Kent and the Successful Offeror, as the taxes shall be solely an obligation of the Successful Offeror and not of New Kent, and New Kent shall be held harmless for same by the Successful Offeror.

2. New Kent is exempt from the payment of federal excise taxes and the payment of State Sales and

Use Tax on all tangible, personal property for its use or consumption. Tax exemption certificates will be furnished upon request.

U. Termination of Contract http://va-newkentcounty.civicplus.com/bids.aspx

1. The County reserves the right to terminate the Contract immediately in the event that the Successful Offeror discontinues or abandons operations; is adjudged bankrupt, or is reorganized under any bankruptcy law; or fails to keep in force any required insurance policies or bonds.

2. Failure of the Successful Offeror to comply with any section or part of the Contract will be considered grounds for immediate termination of the Contract by the County.

3. Notwithstanding anything to the contrary contained in the Contract between the County and the Successful Offeror, the County may, without prejudice to any other rights it may have, terminate the Contract for convenience and without cause, by giving 30 days’ written notice to the Successful Offeror.

4. If the County terminates the Contract, the Successful Offeror will be paid by the County for all scheduled work completed satisfactorily by the Successful Offeror up to the termination date.

V. Environmental Management

The Successful Offeror shall comply with all applicable federal, state, and local environmental regulations. The County emphasizes environmental compliance, pollution prevention, continual improvement, and conservation. The Successful Offeror shall be properly trained and have any necessary certifications to carry out environmental responsibilities. The Successful Offeror shall immediately communicate any environmental concerns or incidents to the appropriate County staff.

W. Safety

1. The Successful Offeror shall comply with and ensure that the Successful Offeror’s personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health, including, by way of illustration and not limitation, the standards of the Virginia Occupational Safety and Health Administration for the industry. The provisions of all rules and regulations governing safety as adopted by the Safety and Health Codes Board of the Commonwealth of Virginia and issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia shall apply to all work under the Contract. The Successful Offeror shall provide or cause to be provided all technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified and performed by the Successful Offeror.

2. Each job site shall have a supervisor who is competent, qualified, or authorized on the worksite, who is familiar with policies, regulations and standards applicable to the work being performed. The supervisor must be capable of identifying existing and predictable hazards in the surroundings or working conditions which are hazardous or dangerous to employees or the public, and is capable of ensuring that applicable safety regulations are complied with, and shall have the authority and responsibility to take prompt corrective measures, which may include removal of the Successful Offeror’s personnel from the work site.

3. In the event the County determines any operations of the Successful Offeror to be hazardous, the Successful Offeror shall immediately discontinue such operations upon receipt of either written or oral notice by the County to discontinue such practice.

X. Authorization to Transact Business in the Commonwealth

1. A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership or other business form shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law.

2. An Offeror organized or authorized to transact business in the Commonwealth pursuant to Title

13.1 or Title 50 of the Code of Virginia must include in its proposal the identification number issued to it by the State Corporation Commission. (Attachment D) Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its proposal a statement describing why the Offeror is not required to be so authorized.

3. An Offeror described in subsection 2 that fails to provide the required information shall not receive an award unless a waiver is granted by the County Administrator.

4. Any falsification or misrepresentation contained in the statement submitted by the Offeror pursuant to Title 13.1 or Title 50 of the Code of Virginia may be cause for debarment.

5. Any business entity described in subsection 1 that enters into a contract with a public body shall not allow its existence to lapse or allow its certificate of authority or registration to transact business in the Commonwealth if so required by Title 13.1 or Title 50 of the Code of Virginia to be revoked or cancelled at any time during the term of the contract.

Y. Payment Clauses Required by Va. Code § 2.2-4354

Pursuant to Virginia Code § 2.2-4354:

1. The Successful Offeror shall take one of the two following actions within seven days after receipt of amounts paid to the Successful Offeror by the County for all or portions of the goods and/or services provided by a subcontractor: (a) pay the subcontractor for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor under that contract; or (b) notify the County and subcontractor, in writing, of the Successful Offeror’s intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

2. Pursuant to Virginia Code § 2.2-4354, the Successful Offeror that is a proprietor, partnership, or corporation shall provide its federal employer identification number to the County. Pursuant to Virginia Code § 2.2-4354, the Successful Offeror who is an individual contractor shall provide his/her social security numbers to the County.

3. The Successful Offeror shall pay interest to its subcontractors on all amounts owed by the

Successful Offeror that remain unpaid after seven days following receipt by the Successful Offeror of payment from the County for all or portions of goods and/or services performed by the subcontractors, except for amounts withheld as allowed in Subparagraph 1. above.

4. Pursuant to Virginia Code § 2.2-4354, unless otherwise provided under the terms of the Contract interest shall accrue at the rate of one percent per month.

5. The Successful Offeror shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

6. The Successful Offeror's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in Virginia Code § 2.2-4354 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.

ATTACHMENT B

INSURANCE SPECIFICATIONS

The Successful Offeror shall carry Public Liability Insurance in the amount specified below, including contractual liability assumed by the Successful Vendor, and shall deliver a Certificate of Insurance from carriers licensed to do business in the Commonwealth of Virginia. The Certificate shall show the New Kent County named as an additional insured for the Commercial General Liability coverage.