public safety tower rfp giles county.pdf

Request for Proposal (RFP) for Two (2) New 100 foot Towers for

Giles County Public Safety Communications System

Issue Date: May 14, 2024

Proposal Due Date and Hour: June 14, 2024, 3:00 p.m.

Giles County Administration 315 N. Main St.

Pearisburg, VA 24134

RFP May 14, 2024 NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 1 of 31

1 General Instructions

1.1 Purpose

Giles County (herein Giles) is requesting proposals for a Two New 100 ft communications towers for the Giles County Public Safety Communications System as specified herein. PROPOSERS interested in providing the specified goods and services shall submit a Proposal to Giles as instructed in this RFP.

1.2 Project Overview

Giles County is improving its Public Safety Communications System by adding two 100 ft tall towers at sites described below:

Site 1 is at an existing water tank on Boy Scout Camp Road in Narrows, Virginia at approximate coordinates of 37.328148, - 80.848651. This tower will be a free-standing tower utilizing if possible, the existing water tank foundation and supported by connection to the water tank structure. Site is already owned by Giles County.

Site 2 is on private property in the Whitegate community of Pearisburg, Virginia at approximate coordinates of 37.221137, -80.809764. This tower will be a guyed-wire tower with the final product at a minimum elevation of 100 feet above ground level. An agreement with landowner(s) for installation of this tower and access to the tower site from Walkers Creek Valley Road has been obtained by the County from the landowners.

1.3 Procurement/Project Schedule

The anticipated schedule for this procurement is found in Table 1-1. GILES COUNTY reserves the right to postpone the date and time for submission of Proposals at any time prior to the Proposal deadline, all changes will be made via the addendum process and posted to the procurement website https://www.eva.virginia.gov

Scheduled Event Date

RFP Release May 14, 2022

Mandatory Site Visit (Proposer must schedule with Giles County)

Before submission of Proposal

Deadline for PROPOSER Questions May 31, 2024

Deadline for Proposal Submission June 14, 2024

Contract Execution June 20, 2024

Project Completion September 30, 2024

Table 1-1 Procurement/Project Schedule

1.4 Questions

Questions or comments must be received by the date indicated in Table 1-1. All questions regarding this RFP shall be submitted in writing to:

Jon Butler, Emergency Services Coordinator, jbutler@gilescounty.org, with a copy to Lt. S. K. Vaughn, 911 Coordinator, svaughn@gilessheriff.org https://www.eva.virginia.gov/ mailto:jbutler@gilescounty.org mailto:svaughn@gilessheriff.org

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 2 of 31

Questions not submitted at least three (3) days prior to the mandatory pre-proposal conference may not be fully addressed at the conference.

PROPOSERS shall not communicate with any other representatives of GILES COUNTY unless directed by Jon Butler or Lt. Vaughn

1.5 Mandatory Site Visit

A Proposer must visit the proposed tower sites prior to submitting a bid. Visits to the tower sites can be arranged by contacting Jon Butler or Lt. S. K. Vaughn at the email addresses in Section 1.4 or by calling Jon Butler at (540) 921-2525 ext.

1105. A proposer who has visited the tower sites prior to the issuance of this RFP is not required to conduct a second site visit and should list the date of the site visits in the proposal.

1.6 Answers and Addenda

GILES COUNTY will disseminate all questions and answers to all prospective PROPOSERS. Should changes to the RFP become necessary, the changes will be contained in an addendum issued by GILES COUNTY and provided to all potential PROPOSERS who attended the mandatory pre-proposal conference and mandatory site visit. Receipt of all Addenda must be acknowledged in the Transmittal Letter.

Verbal responses to questions are not official until the questions have been submitted in writing by the prospective PROPOSER and a written response has been distributed by GILES COUNTY to all potential PROPOSERS who attended the mandatory pre-proposal conference and mandatory site visit.

1.7 Instructions

PROPOSERS shall submit a response to the following address:

Jon Butler, Emergency Services Coordinator, 315 N. Main Street, Pearisburg, VA 24134

Proposals are due by the date and time indicated in Table 1-1. Proposals submitted after this deadline will not be accepted. PROPOSERS shall submit the following quantities:

[one] original paper copy [two] paper copies [one] electronic copy

Proposals shall describe in detail the PROPOSER’s:

Project Understanding Organization Experience - five references of similar work Project Management Plan Implementation Plan - tower design to include figures, tables, photographs, etc.

Pricing - major component line item pricing broken out by goods and services.

GILES COUNTY reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject a proposal that does not provide the required line item pricing for both goods and services as nonresponsive.

LATE PROPOSALS: To be considered for selection, proposals must be received by the designated date and hour.

Proposals received after the date and hour designated are automatically disqualified and will not be considered.

GILES COUNTY is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or another means of delivery. It is the sole responsibility of the Offeror to ensure that its proposal reaches the Giles County by the designated date and hour.

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 3 of 31

1.8 Mandatory Options

All Mandatory Options described in the Scope of Work and Tower Requirements sections are required to be proposed.

GILES COUNTY, at their sole discretion, will decide if the Mandatory Option will be included in the contract. The PROPOSER shall provide a price for each Mandatory Option as a separate line item for GILES COUNTY consideration.

1.9 Withdrawal of Proposals

PROPOSERS may withdraw Proposals by written notice sent to Jon Butler, Emergency Services Coordinator, any time prior to the Proposal submission deadline.

1.10 Proposal Evaluation

GILES COUNTY will evaluate PROPOSALS, based upon the evaluation criteria described in Appendix A to determine the most responsive design and best value to the GILES COUNTY. All Proposals will be ranked based upon best value to GILES COUNTY.

1.11 Intent to Award

The highest ranked PROPOSER will be notified of the intent to award and begin the process of negotiating a contract.

1.12 Public Notice of Award

Public notice of the purchase order/contract award will be posted on the Giles County Website and the EVA procurement website.. Award information may also be obtained by contacting the buyer whose name appears on the solicitation.

1.13 Contract Negotiations

GILES COUNTY will negotiate with the highest ranked PROPOSER. If GILES COUNTY determines that negotiations have reached an impasse, GILES COUNTY at its discretion may terminate negotiations with the selected PROPOSER and commence negotiations with the second highest-ranked PROPOSER.

1.14 Contract Execution

Upon the successful completion of contract negotiations, GILES COUNTY will prepare and submit a final negotiated contract to the awarded PROPOSER at the address provided in the Proposal. The awarded PROPOSER shall execute the contract within 7 days after the receipt of the contract.

1.15 RFP Property of GILES COUNTY

This RFP in its entirety is the property of GILES COUNTY. The PROPOSER shall not copy or disseminate any portion of these specifications without express written authorization of GILES COUNTY except as necessary in the preparation of the Proposal. Any authorized copies of these specifications or portions thereof shall include a similar paragraph prohibiting further copying or dissemination.

1.16 Rights to Submitted Material

All materials submitted by the PROPOSER in response to this RFP shall become the property of GILES COUNTY.

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 4 of 31

1.17 Confidentiality

Proposals will not be opened publicly. All Proposals shall be kept confidential and not disclosed to competing PROPOSERS or any outside individuals until the evaluation process is finished.

If a PROPOSER believes that any portion of its Proposal contains proprietary information exempt from public disclosure, the PROPOSER shall clearly identify such portions in its Proposal and GILES COUNTY will make a determination as to the validity of the non-disclosure claim. Identifying the Proposal as trade secret, confidential or otherwise exempt from disclosure is not acceptable.

GILES COUNTY shall not be liable for disclosure of any proprietary information that is not clearly identified as such in the Proposal.

1.18 Incurred Costs

GILES COUNTY shall not be liable for any costs incurred by the PROPOSER in preparing, submitting, or presenting Proposals; or in anticipation of being awarded the contract under this RFP.

Claims for additional compensation or additional time for completion which are based on lack of knowledge or lack of understanding of any part of the RFP shall not be permitted.

1.19 Proposal Errors and Irregularities

GILES COUNTY reserves the right to waive minor errors or irregularities in any Proposal if it appears to GILES COUNTY that such errors or irregularities were inadvertent. Any such errors or irregularities shall be corrected in the Proposal prior to contract execution. Proposals with major irregularities may be considered inadequate and may be rejected immediately.

1.20 Open Procurement

GILES COUNTY reserves the right to accept or reject any or all Proposals. GILES COUNTY may allow a PROPOSER the opportunity to clarify its Proposal prior to rejection.

GILES COUNTY may reject any or all Proposals in whole or in part and may cancel this RFP or procurement at any time when the rejection or cancellation is in the best interest of, and as determined by GILES COUNTY. GILES COUNTY is not liable to any PROPOSER for any loss or expense caused by or resulting from the rejection or cancellation of this RFP, Proposal, or award. All timely submitted Proposals will become property of GILES COUNTY.

1.21 Proposal Surety

The Proposal shall be accompanied by a Proposal deposit in the form of a bid bond. The amount of the deposit shall be five (5) percent of the base Proposal price. A PROPOSER must complete, sign, and submit the bid bond form located in Appendix C.

1.22 Contract Security

A Performance Bond and a Labor and Material Payment Bond, each in a sum equal to 100% of the negotiated price and duly executed by the successful PROPOSER as principal and by a surety company qualified to do business under the laws of Virginia and satisfactory of GILES COUNTY, as surety, will be required for the faithful performance of the

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 5 of 31 contract, the payment from labor and materials, and for the guarantee and maintenance of the work. The successful PROPOSER shall furnish the Performance and Labor and Material Payment Bonds with the executed contract.

2 Terms and Conditions

2.1 PROPOSER Terms and Conditions

PROPOSER may provide additional terms and conditions for consideration by GILES COUNTY. Proposed terms and conditions may not conflict, restate, or otherwise alter the terms and conditions as set forth in Section 2 of this RFP.

PROPOSER agrees that the terms and conditions contained in GILES COUNTY 's RFP prevail over contrary terms and conditions contained in the Offeror’s response. The County will not accept any conditions that require indemnity on the part of the County or that attempt to limit the liability of Contractor for its negligent acts or omissions.

2.2 Clarification of Terms

If any prospective Offeror has questions about the specifications or other solicitation documents, the prospective 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.

2.3 Ethics in Public Contracting

By submitting their proposals, PROPOSERS certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, 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.

2.4 Immigration Reform and Control Act Of 1986

By submitting their proposals, the Offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

2.5 Debarment Status

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

2.6 Qualifications of Proposers

GILES COUNTY may make such reasonable investigations as deemed proper and necessary to determine the ability of the PROPOSERS to perform the work/furnish the item(s) and the PROPOSER shall furnish to GILES COUNTY all such information and data for this purpose as may be requested. GILES COUNTY reserves the right to inspect PROPOSER’S physical facilities prior to award to satisfy questions regarding the PROPOSER’S capabilities.

GILES COUNTY further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy GILES COUNTY that such PROPOSER is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 6 of 31

2.7 Applicable Laws and Courts

This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The CONTRACTOR shall comply with applicable federal, state and local laws and regulations.

2.8 Antitrust

By entering into a contract, the CONTRACTOR conveys, sells, assigns, and transfers to GILES COUNTY and the Commonwealth of Virginia all rights, title and interest in and to all causes of the 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 GILES COUNTY and the Commonwealth of Virginia under said contract.

2.9 Changes to the Contract

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

A. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

B. GILES COUNTY 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 the method of packing or shipment and the place of delivery or installation. The CONTRACTOR shall comply with the notice upon receipt. The CONTRACTOR shall be compensated for any additional costs incurred as the result of such order and shall give GILES COUNTY a credit for any savings. Said compensation shall be determined by one of the following methods:

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

2) By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the CONTRACTOR accounts for the number of units of work performed, subject to GILES COUNTY's right to audit the Contractors records and/or to determine the correct number of units independently; or

3) By ordering the CONTRACTOR to proceed with the work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The CONTRACTOR shall present GILES COUNTY with all vouchers and records of expenses incurred and savings realized. GILES COUNTY shall have the right to audit the records of the CONTRACTOR as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to GILES COUNTY within thirty (30) days from the date of receipt of the written order from GILES COUNTY. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Agency Procurement and Surplus Property Manual. Neither the existence of a claim or a dispute resolution process, litigation or any other provision of this contract shall excuse the CONTRACTOR from promptly complying with the changes ordered by GILES COUNTY or with the performance of the contract generally.

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 7 of 31

2.10 Pricing and Payment

A. TO PRIME CONTRACTOR:

1) Payment milestones will be agreed upon prior to contract execution.

2) The CONTRACTOR may bill monthly with an invoice and attach the required Application for Payment.

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 Giles County or state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

3) Any payment terms requiring payment in less than 45 days will be regarded as requiring payment 45 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 45 days, however.

4) 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.

5) 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 the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

6) Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A CONTRACTOR may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

B. TO SUBCONTRACTORS:

1) A CONTRACTOR awarded a contract under this solicitation is hereby obligated:

a) To pay the subcontractor(s) within seven (7) days of the contractor's receipt of payment from the

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

b) To notify GILES COUNTY and the subcontractor(s), in writing, of the CONTRACTOR’S intention to withhold payment and the reason.

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 Commonwealth, except for amounts withheld as stated in b. above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 8 of 31 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 Commonwealth.

2.11 Price Guarantee

The CONTRACTOR shall guarantee the quoted prices for all equipment and services purchased under the contract (including prices quoted for optional items), and all additional equipment purchased prior to final system acceptance, shall remain valid for a period of one year

2.11 Transportation and Packaging

By submitting their proposals, all Offerors certify and warrant that the price(s) offered are for FOB Destination and include 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.

2.12 Sales Tax Exemption

Sales to GILES COUNTY and the Commonwealth of Virginia 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 the contract shall be free of Federal excise and transportation taxes. The Commonwealth's excise tax exemption registration number is 54-73-0076K.

2.13 Contractual Claims

Contractual claims, whether for money or other relief, shall be submitted in writing to GILES COUNTY, no later than 60 calendar days after final payment; however, written notice of the CONTRACTOR’s intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. The GILES COUNTY shall issue a decision regarding such claim, in writing, no later than 60 calendar days subsequent to notification to the GILES COUNTY. A CONTRACTOR may not institute legal action prior to receipt of GILES COUNTY’s decision on the claim, unless that office fails to render such decision within sixty (60) days. Failure of the GILES COUNTY to render a decision within sixty (60) days shall not result in the CONTRACTOR being awarded the relief claimed or in any other relief or penalty. The sole remedy for the GILES COUNTY's failure to render a decision within sixty (60) shall be the CONTRACTOR’S right to institute immediate legal action. The decision of the GILES COUNTY shall be final and conclusive unless the CONTRACTOR, within six (6) months of the date of the final decision on the claim, institutes legal action as provided in the Code of Virginia, Section 2.2-4364.

For good cause and as consideration for executing this contract, the PROPOSER acting herein by and through the person signing this Proposal on behalf of the PROPOSER as duly authorized agent, hereby conveys, sells, assigns, and transfers to GILES COUNTY all rights, title and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States and the State of Virginia, relating to the particular goods or services purchased or acquired by the GILES COUNTY.

2.14 Default

In case of failure to deliver goods or services in accordance with the contract terms and conditions, GILES COUNTY, after due oral or written notice, may procure them from other sources and hold the CONTRACTOR responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which GILES COUNTY may have.

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 9 of 31

2.15 Indemnity

The CONTRACTOR shall indemnify and save harmless GILES COUNTY, its officials and employees from all losses, claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recoverable against GILES COUNTY, or by reason of any act or omission of the CONTRACTOR, its agent, or its employees, in the execution of the work, or in consequence of any negligence or carelessness in guarding the same, including all liability for, or growing out of any infringement of letter patent or copyright of the United States, in respect to the normal use of the proposed and installed system. GILES COUNTY will promptly give the CONTRACTOR notice of any such claim.

The successful PROPOSER shall assume all risk and bear any loss or injury to the property or persons occasioned by neglect or accident during the progress of work until the same shall be completed and accepted. The CONTRACTOR shall also assume all blame or loss by reason of neglect or violation by CONTRACTOR of any state or federal law, GILES COUNTY or Virginia code, or municipal rule regulation, or order. The CONTRACTOR shall give to the proper authorities all required notices relating to the work and shall be responsible for ensuring all official construction permits and licenses are obtained prior to the beginning of work, and for paying all proper fees, subject to the provisions of Section 2.35.1 in this RFP. GILES COUNTY will sign permit requests as required and as submitted by the CONTRACTOR. The CONTRACTOR shall make good any injury that may have occurred to any adjoining building, structure, or utility in consequence of this work.

2.16 Liability Insurance

The successful PROPOSER shall carry public liability insurance in the amounts specified below, including the contractual liability assumed by the CONTRACTOR, and shall deliver a Certificate of Insurance to GILES COUNTY with a 30 calendar day cancellation notice provision from carriers acceptable to GILES COUNTY and licensed to do business in Virginia. The certificate shall be delivered in conjunction with delivery of the executed contract to GILES

COUNTY.

A. Worker’s Compensation and Employer’s Liability

Coverage A - Statutory Requirements Coverage B - $100,000 per Occurrence Coverage C - $100,000 Accident and/or Disease All States Endorsement

B. Automobile Liability, Including Owner, Non-Owner and Hired Car Coverage

$1,000,000 per accident to include Bodily Injury & Property Damage

C. Commercial General Liability

$1,000,000 per occurrence / $2,000,000 aggregate

Commercial General Liability is to include bodily injury and property damage, personal injury, advertising injury, contractual liability, and products and completed operations coverage. GILES COUNTY, their officers, employees, agents, and volunteers must be named as additional insureds and be so endorsed on the policy, as evidenced by the certificate of insurance.

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 10 of 31

2.17 Assignment

Assignment by the successful PROPOSER to any third party of any contract based on this RFP or any monies due shall be absolutely prohibited and will not be recognized by GILES COUNTY unless approved by GILES COUNTY in writing.

Approval will not be unreasonably withheld.

2.18 News Release

The PROPOSER shall at no time make any news or advertising releases pertaining to this RFP for any purpose without the prior written approval of Jon Butler and then only in coordination with GILES COUNTY.

2.19 Transfer of Title

The CONTRACTOR shall assume full financial responsibility until the project is complete and accepted by the GILES COUNTY. Under no circumstances, shall any warranty begin until final acceptance of the project by GILES COUNTY.

2.20 Nondiscrimination of Contractors

An offeror or a contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, or disability or against faith-based organizations. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

2.21 Non-Discrimination in Employment

By submitting their proposals, Offerors certify to the Commonwealth 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 Section 2.2- 4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith- based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1 E).

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

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

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

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 11 of 31

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

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

The CONTRACTOR will include the provisions of A. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

2.22 Drug-Free workplace

In every contract over $10,000 the following provisions apply: 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.

2.23 EO/AA Statement

GILES COUNTY, an equal opportunity, affirmative action institution covered by presidential executive order 11246 as amended, advises all contractors, subcontractors, vendors and suppliers that direct receipt of federal funds may require appropriate action on their part.

2.24 Force Majeure

Neither party will be liable to the other for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather; but the failure or delay must be beyond reasonable control and without fault or negligence. If the CONTRACTOR’s failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the reasonable control of both the CONTRACTOR and subcontractor, and without the fault or negligence of either of them, the CONTRACTOR shall not be liable for any excess costs for failure to perform, unless the equipment or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the PROPOSER to meet the required delivery schedule. Dates or time of performance will be extended to the extent of delays excused by this section, provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay.

2.25 Site Visits

Ignorance of site conditions shall not relieve the CONTRACTOR of any liability or obligations under the contract.

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 12 of 31

2.26 CONTRACTOR Responsibilities

The CONTRACTOR shall assume total responsibility for delivery, installation, acceptance, of goods and services offered in the Proposal, whether the PROPOSER is the manufacturer, producer, author, or supplier of them. The CONTRACTOR shall be the sole point of contact regarding all contractual matters, including the service, and payment of any and all charges resulting from installation and all other services performed. Failure to meet these obligations shall result in the cancellation of any contracts.

2.27 Project Responsibility

The PROPOSER shall be responsible for verifying the completeness and suitability of all work or equipment proposed for this project. The CONTRACTOR shall provide any additional equipment or labor required in order to meet these specifications, without claim for additional payment.

2.28 Property Damage

The CONTRACTOR shall be responsible for any loss or damage to property caused by their operations or personnel.

Damages will be settled with the owner of the property by the CONTRACTOR in the company of an agent of the GILES

COUNTY.

2.29 Vendor’s Manual

This contract is subject to the provisions of the Commonwealth of Virginia Vendor’s Manual and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is available from the Division of Purchases and Supply in Richmond, VA www.dgs.state.va.us/dps

2.30 Precedence of Terms

Paragraphs 2.2, 2.3, 2.4, 2.5, 2.7, 2.8, 2.10, 2.22, 2.23, and 2.31 of these General Terms and Conditions 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.

Statement of Work

The statement of work applies to all equipment and services specified in this RFP.

2.31 Scope

GILES COUNTY will acquire two new towers. The new towers and foundations shall be designed to meet the loads listed in Section 4 this specification plus 100% for growth. The CONTRACTOR shall:

• Furnish and erect the new 100 foot towers

• Design and install a foundation for the new towers, foundation design shall be based on a geotechnical survey. The existing water tank foundation at Site 2 may be used if deemed by the contractor to be adequate to support the tower.

• File for and obtain all required building, construction, and zoning permits needed to erect the new towers

• Verify with the FAA the height of towers, 100 feet and verify that lighting is not required.

• Perform any studies required by the FAA to erect this new tower

• File all forms required by the FAA to erect this new tower

• Mount a lightning rod at the top of the tower http://www.dgs.state.va.us/dps

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 13 of 31

• Install marking lights and paint the tower per FAA requirements, if required by the FAA.

• Perform a geotechnical survey at the designated tower locations

• Install an ice bridge from the new tower to the new communication shelter

• Provide and file all necessary FCC applications and perform all studies necessary to receive an Antenna

Structure Registration (ASR) for the new tower.

• Install grounding of the new tower per Motorola R56 requirements, including installing the tower ground bus and grounding to the ice bridge.

2.32 Project Management

The CONTRACTOR shall have experience, in the Commonwealth of Virginia, with projects of similar size and scope for design and erection of new 100 foot towers as specified herein.

2.32.1 Project Manager

The CONTRACTOR shall designate a single project manager to supervise and coordinate the CONTRACTOR’s work. The project manager shall direct the CONTRACTOR’s personnel and subcontractors in the project and assist in resolving project problems.

The CONTRACTOR shall provide the project manager’s contact information after GILES COUNTY issues the notice to proceed (NTP). The contact information shall include the following:

• Name

• Mailing address

• Shipping address

• Office phone number

• Cell phone number

• Email address

2.32.2 Subcontractors

The CONTRACTOR shall notify the GILES COUNTY of any subcontractor(s) to be used to perform tasks and/or provide equipment on the project. GILES COUNTY has the right to reject proposed subcontractors.

2.32.3 CONTRACTOR Registration

The CONTRACTOR (or its subcontractors) shall be licensed at the time of the submission of the Proposal and must remain licensed through the completion of the work.

2.32.4 Project Management Plan

2.32.4.1 Project Schedule

The CONTRACTOR shall maintain a master project schedule for the design, implementation, and acceptance of the tower. Provide schedule updates to the GILES COUNTY monthly, or more frequently as needed, to address changing circumstances.

The project schedule shall provide a breakdown of each task, including the following details:

• Start and end dates

• Predecessors and successors

• Responsible party or parties

• Percentage completed

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 14 of 31

• Critical path

The CONTRACTOR shall update the project schedule monthly to reflect actual task completion dates.

2.32.4.2 Action Item List

The CONTRACTOR shall develop and maintain an action item list. The action item list shall include the following items:

• Item Number

• Date Identified

• Description of the Item

• Responsible Party

• Resolution

• Date Resolved

2.32.4.3 Submittals

The CONTRACTOR shall provide project submittals according to the submittal schedule. A preliminary submittal schedule is found in Table 3-1 (calendar days unless specifically listed business days).

GILES COUNTY will expect the submittal schedule to identify deliverables submitted timely and complete. The schedule will include the following for each item:

• Contract reference

• Document description

• Scheduled submittal date

• Actual submittal date

• Approval date

• Notes

RFP

Section Submittal Scheduled Delivery Date

3.2.1 Project Manager's contact information within 7 days after NTP

3.3.1 Detailed Design Review (DDR) within 30 days after NTP

3.3.2 Detailed Design Documentation at the DDR

3.4.3 FAA Notifications within 30 days after Approved DDR

4.6 Grounding Plan Documentation within 30 days after Approval DDR

4.5.4 Structural Analysis - New Tower, include drawings

within 30 days after Geotechnical Study Report

4.3.1 Geotechnical Investigations (if necessary) within 30 days after performed borings

4.4.1 Design Foundations 30 days after Geotechnical Study Report

4.4.4 Concrete Testing Results 45 days after collection of concrete samples

3.6.1 As-Built Documentation Upon completion of the new tower

Table 3-1 Submittal Schedule

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 15 of 31

2.32.4.4 Transmittals

The CONTRACTOR shall assign a unique transmittal identification number to each submittal listed in Table 3-1 and to other significant documentation, memoranda, reports and change order requests. The transmittal ID number shall consist of an identifier for the sending party and a consecutive serial number for the transmittal.

Each transmittal shall include the following information:

• Transmittal ID number

• Date

• Sender

• Organization

• Recipient(s)

• Subject

• List of documents delivered

The CONTRACTOR shall maintain a log of its transmittals and shall provide the list to GILES COUNTY upon request.

2.32.4.5 Email

Electronic mail may be used for the development of decisions and documentation, and transmission of files.

Actual decisions and documentation transmittals shall be transmitted in signed PDF form.

2.32.4.6 Project Documentation

The CONTRACTOR shall provide and maintain all the project documentation, sharing with GILES COUNTY from the beginning to the end of Tower Acceptance. At the end of the project, the CONTRACTOR will hand-off the documentation to GILES COUNTY for future maintenance.

Documentation shall be provided in soft copy. USB drive or DVD/CD-ROM copies are preferable and shall be supplied without copy protection. When submitted for approval or information, documents shall be clearly marked with the name of this project, date, and other tracking information, e.g., contract information, site name and/or drawing/document number. The CONTRACTOR may develop a Web- based “cloud drive” to safely store and share documents, drawings, maps, photos with the new tower.

2.32.4.7 Change Orders

The CONTRACTOR shall submit change order requests to the GILES COUNTY’s Project Manager that modifies quantity, equipment, services, schedule, cost, operation, or performance. A separate change order for each request shall include:

• Customer name

• Project number and title

• Issue date

• Tracking number

• CONTRACTOR name

• Reason for change

• Description of change

• Cost impact

• Schedule impact

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 16 of 31

• Operational or performance impact

No changes to the work shall commence until the change order request has been approved by GILES COUNTY in writing.

2.32.4.8 Punch List

The CONTRACTOR shall establish and maintain a punch list for inspections and tests. The list will be published monthly to include a sequential punch list item number, site reference, date identified, description of the item, resolution date, and notes. GILES COUNTY will be responsible to review and approve the resolution of each item.

2.33 Planning and Design

The CONTRACTOR shall design, engineer, supply all materials, deliver, construct, erect, mount, test, and warranty the new tower and install equipment required by the technical specifications.

2.33.1 Detailed Design Review (DDR)

The CONTRACTOR shall conduct the Detailed Design Review (DDR) at a location provided by GILES

COUNTY.

2.33.2 Detailed Design Documentation

The CONTRACTOR shall prepare and submit the detailed design documentation to GILES COUNTY with at least two (2) paper copies and one (1) electronic copy prior to ordering any items. Each paper copy shall be provided in an appropriate ring binder and include large-scale drawings. All copies shall be provided not less than five (5) business days prior to the DDR.

GILES COUNTY will return comments within 5 business days after the DDR. CONTRACTOR shall make appropriate changes within 5 business days after receiving GILES COUNTY’s comments. Once GILES COUNTY is satisfied with the resolution of all comments, GILES COUNTY will approve the Design.

2.33.3 Detailed Design

The CONTRACTOR shall provide the detailed design information for the new tower includes, but not limited to the following:

• Tower Design

• Tower Foundation Design

• Site Plans

• Grounding Plans

• Lighting System Design (if required)

The CONTRACTOR shall design and engineer new tower based on the requirements in Section 2 and includes the following:

• Site Clearing and Grading (except where provided by GILES COUNTY as set forth herein)

• Tower

• Grounding

• Lighting System (if required)

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 17 of 31

2.34 Implementation

2.34.1 Permits and Licensing

GILES COUNTY will to obtain the appropriate federal, state, and local zoning, environmental, special use and construction approvals, permits and licenses necessary for the construction of physical facilities, and shall pay all fees and costs associated with obtaining all approvals, permits and licenses.

2.34.2 SHPO and NEPA Studies

GILES COUNTY shall perform SHPO and NEPA studies where required.

2.34.3 FAA Notifications

If required, the CONTRACTOR shall notify FAA of proposed or actual construction or alteration by completing FAA Forms 7460-1 and 7460-2 and providing supporting data. The CONTRACTOR shall provide all necessary FAA applications necessary to receive FAA approval for the new tower construction. The

2.34.4 FCC Antenna Structure Registration

The CONTRACTOR shall provide all necessary FCC applications and perform all studies necessary to receive an Antenna Structure Registration (ASR) for the new tower if required.

2.34.5 Installation

The CONTRACTOR shall install all systems and equipment required by this specification. The CONTRACTOR shall leave the site in a neat, presentable condition throughout the project. The CONTRACTOR shall remove all rubbish, temporary structures, and equipment generated or used by the CONTRACTOR after installation and prior to acceptance.

2.35 Tower Acceptance

2.35.1 Inspections

GILES COUNTY will conduct multiple inspections during construction and a Final Inspection. Deficiencies identified by inspections will be recorded as punch-list items. If an inspection cannot be completed during the agreed upon scheduled visit, due to site incompleteness, all costs for additional inspections, including those incurred by GILES COUNTY for its personnel, and other CONTRACTORs, and any direct expenses (including travel, lodging, meals, etc.), shall be borne by the CONTRACTOR.

The CONTRACTOR shall notify GILES COUNTY when complete and ready for inspection with the foundation, excavation, or tower.

2.35.2 Final Tower Acceptance

GILES COUNTY will provide “Final Tower Acceptance” when the tower construction has completed, all punch-list items are resolved and approved, all submittals (including as-built documentation, maintenance & operational manuals, etc.) are delivered and accepted, and all services have been satisfactorily performed. All remaining monies will be released to the CONTRACTOR, and the project will be closed.

NEW PUBLIC SAFETY COMMUNICATIONS TOWERS FOR GILES COUNTY, VA Page 18 of 31

2.36 Documentation

2.36.1 Tower Facilities As-Built Documentation

The CONTRACTOR shall submit two (2) draft paper copies of all tower as-built documentation to GILES COUNTY for review and approval.

Tower construction as-built drawings include, but are not limited to, the following:

• Site layout drawings

• Foundation details for the tower

• Tower design detail drawings including light controller wiring

The CONTRACTOR shall provide the final tower as-built documentation:

• Two sets in paper copy, including large-scale drawings

• One set in electronic copy as PDF files

2.36.2 Warranty

The CONTRACTOR shall warrant 5 years for the new tower, including its foundation and grounding system.

The CONTRACTOR shall repair, replace, or otherwise correct defective tower, foundation, or grounding system during the warranty period at no cost to GILES COUNTY.

3 Communications Tower Requirements

3.1 General Requirements

The new communications towers shall be designed and installed in accordance with applicable current codes, ordinances and regulations imposed by authorities having jurisdiction; these current standards; and the manufacturer’s design and installation current revision standards. Where there is a conflict between requirements, the more stringent requirement shall apply.

3.2 References

3.2.1 Normative References

The following documents, either in whole or in part, are referenced in this physical facilities specification:

American Association of State and Highway Transportation Officials (AASHTO)

• AASHTO HB, Standard Specifications for Highway Bridges

American Concrete Institute (ACI)

• ACI 301-05, Specifications for Structural Concrete

• ACI 302.1R-04, Guide for Concrete Floor and Slab Construction

• ACI 318-08, Building Code Requirements for Structural Concrete and Commentary

Am…