Comp Plan RFP.pdf

PITTSYLVANIA COUNTY

BOARD OF SUPERVISORS

REQUEST FOR PROPOSAL

RFP: 20250303

COMPREHENSIVE PLAN

CONSULTANTING SERVICES

February 28, 2025

CONTACTS: CONNIE GIBSON, PURCHASING MANAGER

434-432-7744

Connie.gibson@pittgov.org mailto:Connie.gibson@pittgov.org

GENERAL INSTRUCTIONS TO OFFERORS

DUE DATE: Sealed Proposals will be received by April 3, 2025, no later than 2:00P.M. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

ADDRESS: One electronic version (USB and (4) hard copies of the proposals should be mailed, or hand delivered to:

Pittsylvania County Procurement Department

Attn: Connie Gibson

1 Center Street

Chatham, VA 24531.

All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed

Proposal - RFP #20250303- Comprehensive Plan Consultants: Proposals not so marked or sealed shall be returned to the offeror and will not be considered.

Proposal Submission Requirements:

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

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

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

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

NON-MANADTORY PRE-PROPOSAL MEETING:

There will be a non-mandatory pre-proposal meeting on March 13,2025 at 2:00 p.m., located at: County Administration Building. 1 Center Street, Chatham, VA 24531.

The County encourages Offeror’s that would like to participate in the pre-proposal meeting virtually, to use the following Teams link address – please copy and paste it into your browser:

Join the meeting now Meeting ID: 237 968 285 766 Passcode: g4ct9H2E

QUESTIONS:

1. All questions regarding this RFP must be made in writing. The written questions must be received by the County no later than 2:00 P.M., March 24, 2025. Questions may be emailed to:

Connie.gibson@pittgov.org.

2. All responses to questions will be posted on Pittsylvania County website:

www.pittsylvaniacountyva.gov and on https://eva.virginia.gov by 4:00 p.m. March 25, 2025.

The offeror has the sole responsibility to go to the websites and receive the responses or by contacting Connie Gibson requesting them by email. The responses will be an addendum to the

RFP. All such responses by the County shall become part of the RFP.

https://eva.virginia.gov/register-now.html https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGFjZWU2MGUtNDkyNi00ZWI2LWE2YjEtYWQ4NjcyMDUxNDhi%40thread.v2/0?context=%7b%22Tid%22%3a%222cadba7b-4a1f-4306-8b47-a0926cd1fcf2%22%2c%22Oid%22%3a%220bf8d7c7-d30e-485a-bc3f-36ca26026daa%22%7d mailto:Connie.gibson@pittgov.org http://www.pittsylvaniacountyva.gov/ https://eva.virginia.gov/

In Compliance with this Request for Proposal the named party hereby submits a proposal in response to

Pittsylvania County to furnish services described in this RFP. The entire proposal, including Technical proposal, Proposal Cover Sheet, and any supplemental materials required to be provided by the offeror pursuant to the terms and conditions of the RFP, constitute the entire proposal.

The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference, with any person to fix the bid price or affiant or any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Pittsylvania County or any person interested in the proposed contract.

The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions.

Further, the party certifies that all information submitted in response to this RFP is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By-Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract.

Name and Address of Firm:

___________________________________________ Date: ________________________________

___________________________________________ By: _________________________________

(Signature in Ink by Officer of the Corporation)

___________________________________________ Name: _________________________________

(Please Print)

_________________________Zip Code___________ Title: _________________________________

Phone: (____) _______________________________ Fax: (_____) ____________________________

E-mail: _____________________________________ State of Incorporation: ___________________

State Corporation Commission #: __________

Receipt of the following Addenda are acknowledged: Attach a copy of your company’s SCC

Certificate and a list of officers.

Addendum No. ____________, dated____________ ________________________________________

Addendum No. ____________, dated____________

(Please note all addenda’s)

(Return this Form)

I. INTRODUCTION

Pittsylvania County is requesting proposals for the purpose of contracting consulting services to lead the review and update of the County’s Comprehensive Plan and the associated community engagement. The purpose of the Comprehensive Plan is to articulate a community vision for the next 20 years and to set out the specific goals, policies, and actions needed to achieve that vision.

To develop this document, the selected consultant will review all relevant codes, ordinances, policies, and other relevant documentation; analyze the current demographics and projected future growth of Pittsylvania County; develop and implement a robust community engagement program;

and work closely with representatives of the Board of Supervisors, the Planning Commission, County Administration, the Community Development Director, and other members of County staff and the citizens of Pittsylvania County.

The existing Pittsylvania County Comprehensive Plan 2010 produced a 20-year vision for the

County that included the County’s long-term goals and the policy guidelines that govern land use decision-making by County officials. As the County has welcomed new industry and employment opportunities in the last decade, coupled with expanded infrastructure, a new Comprehensive Plan must be drafted. The new Plan will consider the County’s heritage and history yet should also respond to the shifts in demographics and development patterns in the County since the last update.

II. BACKGROUND

The County is in Central Southside Virginia in the Southern Piedmont region, and is in the Danville, Virginia (“Danville”), micropolitan statistical area. The County is bordered by Bedford and

Campbell Counties to the North, Franklin and Henry Counties to the West, Danville, and the state of North Carolina to the South, and Halifax County to the East. The County has the largest land area of any jurisdiction in Virginia, covering approximately 969 square miles, with a population of

60,501, per the 2020 Census. The County is connected to the Piedmont regions of Virginia and

North Carolina via US Highway 29, and to the east and west by US Highway 58. In terms of population density, the southern half of the County surrounding the City of Danville has the densest population, with the towns of Hurt, Gretna, and Chatham serving as secondary population centers, as shown in Figure 1. With thriving businesses, charming small towns, great public schools, and beautiful, natural landscapes, the County offers something for everybody.

Figure 1. Pittsylvania County Population Density Map based on 2020 Census.

The County is governed by a seven (7)-member Board of Supervisors (BOS) who are elected by district to four (4)-year terms. The BOS is responsible for appointing the County Administrator and making policy decisions for the County. Among other things, the BOS has power to pass and repeal ordinances and has final approval of the annual County budget. The current average population of each election district is approximately 8,600, per the 2020 Census. The County's election districts also apply to the County’s Planning Commission members.

History

Pittsylvania County was established in 1767 and was settled primarily by English, Irish, Welsh, Scotch, German, Scotch-Irish, and enslaved Africans, with farming, particularly tobacco farming, as the primary livelihood at that time. In the 20th century the County experienced the ups and downs of an economy focused on tobacco and textiles, while enduring world wars and the Great

Depression.

In the past decade Pittsylvania County has focused on rebounding and reinventing the local economy through strong – and often regional – economic development efforts. Existing companies from around the world have set up branches here, and the County still has plenty of economic potential in industrial parks around the county. Today Pittsylvania County is a vibrant, increasingly prosperous community, with an expanding and diversified economy. With an undying affection for its heritage, history, and rural roots, the people of Pittsylvania look optimistically toward the future.

III. INSTRUCTIONS, TIMELINE, AND PROPOSAL INFORMATION FOR OFFERORS

A. The method of procurement is competitive negotiation for Consulting Services in accordance with the Virginia Public Procurement Act (VPPA).

B. All questions regarding procurement shall be emailed Connie Gibson, Procurement

Manager

1 Center St.

Chatham, Virginia 24531

E-mail: connie.gibson@pittgov.org

The APPROXIMATE schedule for this project is as follows:

Date Time Activity Location (if applicable)

3/03/2025 N/A RFP published www.eva.virginia.gov and www.pittsylvaniacountyva.gov

3/13/2025

2:00 pm

Non-mandatory pre-proposal conference. Teams link for virtual attendance is above

County Administration Building

1 Center Street

Chatham, VA 24531

3/24/2025

Any questions due connie.gibson@pittgov.org mailto:connie.gibson@pittgov.org mailto:connie.gibson@pittgov.org

03/25/2025

Addendum with written responses to all questions asked provided to all inquiring parties eVA procurement website and the County website

4/03/2025

(4) Paper and (1) electronic copy (USB) of proposal is due in a sealed envelope marked with

“COMPREHENSIVE PLAN

CONSULTING SERVICES” in the lower left-hand corner.

Pittsylvania County, Purchasing Department Connie Gibson Procurement Manager 1 Center St.

Chatham, VA 24531

Week of 4/8/2025 N/A Evaluation of Proposals by Selection Committee begins

N/A

C. The Offeror shall submit a proposal which demonstrates and provides evidence that the

Offeror has the capabilities, professional expertise, and experience to perform the services described herein.

D. Offerors are responsible for familiarizing themselves with the conditions and objectives of the proposed scope of services.

E. Pittsylvania County has a relatively robust GIS system. To assist the selected consultant, the County will provide them with an ESRI compliant base set of information that contains wide array of planimetric data and georeferenced plans for their information.

F. The County will provide an electronic version of all public documents referenced herein upon request. Where available, the County will also provide a hardcopy of plans to the selected consultant team.

G. The selection process will be governed by and completed in accordance with the Virginia

Public Procurement Act.

H. The Offeror shall submit a proposal which demonstrates and provides evidence that the

Offeror has the capabilities, professional expertise, and experience to perform the services described herein.

I. Offerors are responsible for familiarizing themselves with the conditions and objectives of the proposed scope of services.

IV. SCOPE OF WORK

Scope of Work for Comprehensive Plan: The selected consultant will assist Pittsylvania County in the complete review and update of the 2010 Comprehensive Plan. The review and update will study existing conditions and growth trends and anticipate the future needs of the County’s residents. The County is seeking a professional planning consultant to develop a Comprehensive

Plan update that will respect the County’s history and predominantly rural identity, while addressing the future issues, needs, and opportunities of a jurisdiction that is experiencing varying growth rates and developmental pressures. This is to be a thorough and comprehensive review, and the process is expected to last approximately 1-2 years. The consultant’s responsibilities and deliverables listed below provide more detailed information on this project.

Consultant Responsibilities

A. Review the Pittsylvania County Comprehensive Plan 2010; Pittsylvania County Codes, ordinances, and policies; all relevant sections of the Code of Virginia; relevant County

Strategic and Master Plans, including but not limited to, Pittsylvania County Parks and

Recreation Master Plan and the Pittsylvania County Water and Sewer Master Plan, the

Pittsylvania County Emergency Operations Plan, etc.; relevant regional plans, including, but not limited to, relevant studies and/or plans conducted by West Piedmont Planning

District Commission (WPPDC) and/or the Danville Planning Organization (MPO), and relevant Economic Development Plans.

B. Review future land use maps for adjacent localities, particularly the City of Danville, to help evaluate how development may influence Pittsylvania County.

C. Work with representatives of the Board of Supervisors, Planning Commission, County

Administration, Community Development, and other County staff, regional organizations, as well as other County consultants where relevant.

D. Provide an up-to-date analysis of the County’s population, demographics, and land use, including discussion of trends in population and housing growth, current development, and potential residential needs and build-out.

E. Develop and implement a broad-based and robust community engagement strategy to involve all Pittsylvania County citizens in the Comprehensive Plan process. The selected consultant should:

F. Document specifically how and when the public, including but not limited to residents, businesses, the development community, the agricultural community and other stakeholders, will be engaged in the Comprehensive Plan review and update process. This plan should include multiple modes of engagement and provide a variety of accessible options to the public (e.g., online and paper surveys, both in-person and virtual/digital meetings).

G. Demonstrate how this concept will achieve meaningful participation across the entire

County, including participation from those not normally engaged in government processes, on topics such as land use and community design, transportation, housing, etc.

H. Work with County staff to develop a branding for the update process and a project website. The project website should, among other things, educate the public on the purpose of a comprehensive plan, how it is typically applied, and their role in shaping the plan.

I. Develop all materials for multiple methods of community engagement (digital, in-person, etc.) including but not limited to project webpage, surveys/questionnaires, facilitation guides for staff to utilize, visual presentations, talking points or other resources necessary to engage the public. Provide meeting/feedback summaries and/or survey results for all public engagement.

J. In collaboration with County staff, facilitate all workshops, public involvement sessions, and meetings related to the Comprehensive Plan planning process. Consultant is expected to be at all related meetings unless agreed to in advance by the County.

K. Synthesize background data collection and community engagement to inform

Comprehensive Plan updates.

L. Based on discussions with the Planning Commission and County Staff, public input, and all relevant codes and ordinances, provide recommendation to update/amend the

Comprehensive Plan and Future Land Use Map in accordance with background data collection, predicted growth trends, and community engagement strategies.

Recommendations should be consistent with the §15.2-2223 of the Code of Virginia including requirements for a transportation plan, a housing plan and any requirements added by the General Assembly since the last adoption of the County’s Comprehensive

Plan. The selected consultant will consider input from the Board of Supervisors, Planning

Commission, County Administration, Community Development Director, other staff, stakeholders and the public to identify areas which need updates or amendments.

M. Some known areas of the Comprehensive Plan that need to be updated are as follows:

a. Demographics and socioeconomic data – the Plan should reflect current and projected demographic and socioeconomic trends and their implications on land use patterns and public services planning.

b. Plan updates regarding Housing, including current and projected needs, affordable housing strategies, recommendations on the appropriate ratio of housing types, and possible incentives for each type.

c. Plan recommendations regarding Transportation, Economic Development, Parks and Recreation, and other sections as needed, including new chapters if deemed necessary.

d. Future Land Use Map (FLUM) – the Plan should propose updates to the FLUM based on a full review of the map category designations for consistency with public opinion and desires.

e. Plan recommendations regarding strategies to provide utility infrastructure that are sufficient to meet the current and future needs of residents and businesses in the locality.

N. Prepare Plan amendments/updates for review and adoption by the Planning Commission and Board of Supervisors.

O. Facilitate work sessions with each body prior to Plan adoption.

P. Update the design and layout of the Comprehensive Plan to include more visual elements while following County branding guidelines. Digital links will also be encouraged.

Q. Provide updated Comprehensive Plan in Microsoft Word (or other agreed upon) format.

Process for plan amendments and Future Land Use Map amendments may be listed as options in any proposals.

R. Zoning Map Evaluation:

a. Identify areas where Zoning, current land use, and the revised FLUM are in conflict and make recommendations on areas that should be rezoned.

b. Based upon findings, prepare a draft report summarizing the recommendations.

The areas suggested for rezoning shall be provided in the draft, as well as data in a format compatible with the County’s Geographic Information System.

S. The County also requests proposals/qualified consultants provide ideas and guidance related to Comprehensive Plan best practices that the County may wish to implement into its own Plan, to include, but not limited to, fiscal impact analysis for proposed land uses, social determinants of health, and resiliency related the capability to anticipate, prepare for, respond to, and recover from significant multi-hazard threats with minimum damage to social well-being, health, the economy, and the environment.

V. REQUIRED CONTENT WITHIN PROPOSAL

Written proposals shall be as CONCISE as possible. It IS NOT the intent of Pittsylvania County to subject Offerors to undue time and/or expense in proposal preparation. It IS the intent of

Pittsylvania County to obtain services from a firm with experience in providing the services outlined in this RFP. Responsive proposals shall include the following:

A. Attached Proposal Cover Page (Pg. 3) must be included in your proposal.

B. Brief (one page or less) history of your firm including years in business, size (in terms of staffing).

C. Statement of understanding of your firm’s role in the ultimate needs and objectives of the

County for this project.

D. Demonstrated capacity and ability to begin work promptly and to complete project work in a timely manner.

E. Introduction and qualifications of proposed project team members, assigned to this project, including their experience with similar work with comprehensive planning, group facilitation, conflict resolution, and community engagement.

F. Task Experience: List a minimum of three (3) and a maximum of five (5) former or current clients for which your firm has performed activities of similar scope to this RFP.

Include the following information for each: Owner Representative’s Name, Location, and current and accurate contact information for the purposes of obtaining references and a brief description of the services performed.

G. A timeline and strategy for the stakeholder engagement process and delivering the goal/ implementation strategies document. This section should contain a detailed schedule and show the cost of each task.

H. A timeline and strategy for delivering the updated Comprehensive Plan. This section should contain a detailed schedule and show the pricing for each task.

VI. EVALUATION CRITERIA & SCORE VALUES

Criteria Score Values

References (similar projects with similar communities)

10 pts

Approach to project and methodology 30 pts

Qualifications (especially of personnel that are assigned to Pittsylvania Co.), expertise, and technical competency

25 pts

Schedule, availability and ability to meet deadlines

20 pts

Quote (Price) 15 pts

VII. PROPOSAL REVIEW PROCESS/AWARD

Using the evaluation criteria listed above (Section VI) and with emphasis on professional competence, the County’s Selection Committee; comprised of up to five (5) persons will review all proposals received to determine those Offerors who are fully qualified, responsive, responsible and suitable to provide the services set forth by this Request for Proposal.

The Selection Committee will hold one or more discussion meetings and/or interviews with two or more of the Offerors who have been deemed to be fully qualified, responsive, responsible, and suitable to provide the services set forth by this Request for Proposal. Such discussions and interviews will gather additional information pursuant to the Offerors’ qualifications, expertise, and experience pertinent to the services described by this Request for Proposal. During the discussions and interviews stage, the Offerors and the Selection Committee may pursue alternative concepts and approaches for the project and non-binding cost estimates.

The Selection Committee shall use competitive negotiation for nonprofessional services procedures and select two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for

Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its sole opinion, has made the best proposal, and shall award the contract to that offeror. The County may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-

4359D). Should the County determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. An award letter will be generated and a contract created incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

SPECIAL TERMS AND CONDITIONS

BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (120) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the County’s website, www.pittsylvaniacountyva.gov and on the County Public Notice Bulletin Board located at 1 Center

Street, Chatham, VA 24531.

CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor.

In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

OWNERSHIP/FOIA: Ownership of all data, materials and documentation originated and prepared for the

County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information

Act; however, the Offeror must invoke the protections of Section 2.2-4342D of the Code of Virginia, in writing, either before or at the time the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of

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

Commonwealth pursuant to B-30 Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). 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 is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of

Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

COOPERATIVE PURCHASE: If authorized by the Offeror, the contract resulting from this Request for

Proposals may be extended to other public bodies, public agencies or institutions within the State of Virginia to purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s) directly with the contractor(s). Pittsylvania County Board of Supervisors is not a party to such contracts and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions.

It is the Offeror’s responsibility to notify the jurisdictions of the availability of contract(s). Offerors who do not wish to extend the terms, conditions and prices to other public entities shall so indicate in the proposal.

PITTSYLVANIA COUNTY

GENERAL TERMS AND CONDITIONS

(not all will be applicable)

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

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

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

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

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

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

C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the

County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the

Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia

Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

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

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

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

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

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

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

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

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

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

D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

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

$10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the

Contractor does not, and shall not during the performance of the contract for goods and services in

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

Reform and Control Act of 1986.

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

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

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

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

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

I. PAYMENT:

1. To Prime Contractor:

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

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

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

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

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of

Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the County shall notify the contractor of defects or improprieties in invoices within fifteen

(15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the

County except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the

County.

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

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

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

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

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

K. QUALIFICATIONS OF (BIDDERS/OFFERORS): Pittsylvania County may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect

(bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the

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

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

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

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

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

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

Department decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Department a credit for any savings. Said compensation shall be determined by one of the following methods:

Any additions or changes to the contract shall be mutually agreed upon between the parties in writing and approved by the Procurement Manger before the changes take effect.

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

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

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

Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired.

Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the County to determine if the product offered meets the requirements of the solicitation.

This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.

R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all

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

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

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

State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

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

Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of

Virginia shall be added as an additional insured to the policy by an endorsement.

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

Profession/Service Limits

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

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

Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate

Health Care Practitioner (to include Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed

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

Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance

Organizations.) Code of Virginia

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

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

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

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

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

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

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

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

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a 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.

V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, 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 state agency, department or institution has made a…