RFP 04082024-1400 KGCSA Water and Sewer Line Repair and Construction.doc

KING GEORGE COUNTY, VIRGINIA

REQUEST FOR PROPOSAL

ISSUE DATE: March 4, 2024

RFP # 04082024-1400

TITLE: ON-CALL WATER AND SEWER LINE REPAIR AND CONSTRUCTION SERVICES FOR THE KING GEORGE COUNTY SERVICE AUTHORITY Sealed Proposals will be received until 2:00 PM on April 8, 2024, local prevailing time, as per the Official Purchasing Timeclock, for furnishing the services described herein. Late, facsimile and/or electronic proposals will not be accepted. All inquiries must be directed to:

Kimberly Cook-Procurement Specialist Phone: (540) 775-1657 Fax: (540) 775-7692

E-Mail: kimberlyc@co.kinggeorge.state.va.us PROPOSALS MUST BE MARKED AS FOLLOWS ON THE OUTERMOST DELIVERY PACKAGING, AND DELIVERED TO:

King George County Purchasing Agent

10459 Courthouse Drive, Suite 201

King George, VA 22485

RFP #04082024-1400

Offeror’s Name and Address must also be noted on the outside of the delivery container.

King George County and the King George County Service Authority (“collectively referred to herein as “King George County” or the “County”) do not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4310 or against any Offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by law relating to discrimination in employment. If you need any reasonable accommodation for any type of disability in order to participate in this procurement, please contact the Procurement Manager as soon as possible.

Name and Address of Firm/Individual Submitting Proposal:

Date:

By:

Signature In Ink (Preferably Blue Ink)

Print/Type

Telephone:

Fax:

E-mail Address

Virginia State Corporation Commission No.

How did you hear about this RFP? (Check all that apply) ___ Newspaper (Which One?_______________________), ___ eVA, ___ KG Web Site, ___ Other (Explain_____________________________________________________)

Questions: All questions must be submitted in writing directly to the King George County Purchasing Agent at the address referenced above. Questions will be accepted until 1:00 PM, March 15, 2024. Questions may be sent by fax or email.

DO NOT RETURN ALL PAGES OF THIS RFP PACKAGE – SEE SECTION 2.8

TABLE OF CONTENTS

SECTION

SECTION CONTENTS

PAGE

General Information

1.0 Purpose of the Request …..…………..…………………………..…

1.1 Introduction…………… ……………………………………………..

1.2 Services Required ……………………………………………………

1.3 Contract Term……………………. ………………..………………….

1.4 Pre-Proposal Meeting…….. ……………..…………………….…….

1.5 Cost………………………. ………………….……..…………………

1.7 Cost ………………………………………………………...............……..

1.8 Questions ……………………………………………………………...….

1.9 Decision Not To Respond ……………………………………….……..

1.10 Award of Agreement ………………………………………….…..…..

1.11 Termination ………………………………………………………..….….

1.12 Contractual Disputes ……………………………………………….….

1.13 Severability …………………………………………………………..…..

1.14 Emergency Order ………………………………………………..……..

1.15 Taxes ……………………………………………………………

2 Proposal Requirements

2.1 Effect of Proposal Submission …………………………………………

2.2 Due Date and Copies Returned ……………………………………

2.2.1 Facility Closure …………………………………………………

2.3 Conflicts of Interest …………………………………………………….

2.4 Collusion ………………………………………………………………….

2.5 Ownership ……………………………………………………………….

2.6 Confidentiality …………………………………………………………..

2.7 Statement of Qualifications Submittal Contents …………………..

2.8 Proposal Format Instructions ………………………………………….

3. Selection of a Contractor

3.1 Approving Authority …………………………………………………….

3.2 Selection Committee …………………………………………………..

3.3 Interview …………………………………………………………………..

3.4 Basis for Award …………………………………………………………..

3.5 Evaluation Criteria ……………………………………………………….

3.6 Ownership of Documents ………………………………………………

3.7 Prime Contractor ………………………………………………………...

3.8 Contract Development ………………………………………………..

3.9 Standard Agreement for Services ……………..……………………..

3.10 Notice to Proceed/Purchase Order …………………………………..

3.11 Acceptance, Invoicing, and Payment ………………………………

3.12 Insurance ..……….………………………………………………………….

3.13 Nondiscrimination (Contractor) …………………………………………

3.14 Certification of Authority to Transact Business

in the Commonwealth ………………………………………………...…

ATTACHMENTS:

Attachment A - Sample Standard Services Agreement

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

This Request for Proposal (RFP) plus the resulting contract shall be consistent with and governed by the King George County Purchasing Ordinance and has been prepared in accordance with the Virginia Public Procurement Act.

This section of the RFP sets forth general information for all potential Offerors to assist in the preparation of proposals for the services identified in this RFP. The proposal submission requirements are addressed in Section 2 of this RFP. King George County’s process for selecting the best proposal and developing a contract are summarized in Section 3. The requirements and processes set forth therein shall be binding on all Offerors.

1.0

PURPOSE OF THE REQUEST:

King George County, Virginia, a political subdivision of the Commonwealth of Virginia and a body politic, (County), herein referred to as KGC, on behalf of the King George County Service Authority (KGCSA) is soliciting competitive sealed proposals from qualified vendors (“Contractor”) to provide on call water and sewer line repair and construction services to the Authority. The work may consist of scheduled task orders issued for scheduled repairs during normal business hours and emergency work as needed.

This Request for Proposal (RFP) is part of a competitive procurement process that allows KGC to obtain the best value and provides interested Offerors a fair opportunity for their services and capabilities to be duly considered. The Contractor’s fee schedule is not the only factor in determining an award.

KGCSA intends to enter into a contract with one or more Offerors using its standard Services Agreement. A sample Services Agreement is attached to this Request for Proposal as Attachment A.

The contents of the proposal submitted by the successful Offerors, this RFP and all modifications made thereof, will become part of any contract awarded as a result of this solicitation.

For ease of reference, each organization submitting a response to the Request for Proposal will hereinafter be referred to as an “Offeror”. Offerors whose proposal would result in a formal agreement will hereinafter be referred to as a “Contractor”.

1.1 INTRODUCTION

The King George County Service Authority (the “Authority” or “KGCSA”) was established in 1992 by order of the King George County Board of Supervisors to manage the water and wastewater functions within the County of King George, VA. The Authority operates as a stand-alone entity receiving no tax support from the County, or residents. It operates on the revenues collected from billing for service and connection fees and has an annual budget of roughly $8,173,628.

The Authority consists of ten (10) full-time employees (eight (8) maintenance staff and two (2) administrative staff) and operates a total of nine (9) independent water treatment systems that serve approximately 4,500 individually metered accounts. The water and wastewater facilities are currently managed by an independent contractor. The water system includes 27 groundwater wells and four (4) elevated water storage tanks. Additionally, it operates five (5) independent wastewater treatment plants that serve a total of 2,400 customer accounts. In addition to the wastewater treatment plants, the wastewater system also includes 35 pump stations.

1.2 SERVICES REQUIRED

The Authority intends to retain one or more on-call Contractors having skills and experience in the troubleshooting, repair and maintenance of water and sewer mains at various locations in King George County. Primary and/or secondary contract’s will be awarded based on offeror qualifications. The Contractors will provide timely response, supervision, labor, traffic control, transportation, excavation, work site safety, backfill and restoration to perform the specific on-call work based on a Task Order issued by the Authority for the specific task. The Contractors shall be experienced in standard principles and practices of water and sewer main construction and repair, traffic control, workplace safety, by-pass pumping, dewatering, testing, and all procedures and practices directly related to water and wastewater line construction and repair. The on-call work for each task order may include, but not be limited to:

1.2.1 Timely mobilization and point repairs to restore pipes to proper operating condition, including traffic control (the Contractors shall be certified by the VDOT for working in right-of-ways – flagmen, barricades, cones) and maintenance of flow during repairs. Document root cause of problem and corrective action.

1.2.2 Construction of new water and sewer mains (this would be for small projects).

1.2.3 Performing on-call corrective and preventive maintenance (such as sewer line cleaning, smoke testing, CCTV inspections, and water main flushing).

1.2.4 Timely restoration of water and sewer mains to proper operating condition of emergency task orders, including maintenance of flow, video inspection of sewer mains, testing of manholes, pressure testing water mains and force mains, and disinfection of water mains.

1.2.5 Ability to install water and sewer lines under roadways without open cutting, and the ability to perform wet taps.

1.2.6 Making necessary repairs to restore equipment to proper operating condition. Document root cause of problem and corrective action.

1.3

CONTRACT TERM:

The contract will have a one (1) year base period with up to three (3) 1-year option periods for a maximum contract term of four (4) years.

The Contractors shall be available on a twenty-four (24) hour per day, seven (7) days per week basis with a response time of twelve (12) hours for non-emergency task orders and a response time of two (2) hours for emergency task orders.

1.4

PRE-PROPOSAL MEETING:

A pre-proposal meeting is not scheduled.

The selected Offeror (Contractor) will not be relieved from assuming all responsibility for properly estimating the difficulties and cost of performing the services required by, described in, this RFP because of the failure to become acquainted with all the information concerning the services to be performed.

1.5

COST:

The Offerors shall include with their submission a price proposal consisting of hourly rates for each employee classification and equipment that will be assigned to KGC. The proposal shall include regular hourly rates and overtime-hourly rates.

1.6

QUESTIONS:

Questions concerning general and/or technical details of the work, or this RFP, shall be submitted in writing (email, fax, USPS, or mail delivery service) to:

Kimberly Cook

King George County Procurement

10459 Courthouse Dr., Suite 201

(540) 775-1657

(540) 775-7692 (fax)

Email: kimberlyc@co.kinggeorge.state.va.us

Potential Offerors are required to submit any and all questions in writing directly to the King George County Purchasing Agent at the address referenced above no later than 1:00 PM, March 15, 2024. Written responses, including the questions, will be provided to all Offerors via an official Addendum. Questions may be sent by fax or email.

1.7

DECISION NOT TO RESPOND:

Some recipients of this RFP may elect not to respond with a proposal for a variety of reasons. KGC is very interested in learning whether issues with the solicitation process have discouraged responses, or whether there are other reasons.

Accordingly, if your firm or an individual elects not to submit a proposal, we ask that you return Page 1 of the RFP (by fax or USPS) with a statement as to why you are unable or unwilling to respond.

1.8

AWARD OF AGREEMENT:

KGCSA, in its sole opinion, reserves the right to reject any or all proposals, to waive informalities and to negotiate an agreement and price with the selected Offerors. KGCSA reserves the right, in its sole opinion, to reject any proposal it believes would not be in its best interest.

1.9

TERMINATION:

Subject to the provisions below, the Contract may be terminated by KGCSA upon thirty (30) days advance written notice to the Contractor; but if any work or service hereunder is in progress, but not completed as of the date of termination, then the Contract may be extended upon written approval of KGCSA until said work, goods, or services are completed and accepted.

A. Termination for Convenience:

KGCSA may terminate the resulting Contract for convenience at any time in which the case the parties shall negotiate reasonable termination costs.

B. Termination for Cause:

In the event of Termination for Cause, the thirty (30) days advance notice is waived and the Contractor shall not be entitled to termination costs.

1) Termination Due to Unavailability of Funds in Succeeding Fiscal Years:

If funds are not appropriated or otherwise made available to support continuation of the performance of the Contract in a subsequent fiscal year, then the Contract shall be canceled and, to the extent permitted by law, the Contractor shall be reimbursed for the reasonable value of any non‑recurring costs incurred under the Contract.

1.10

CONTRACTUAL DISPUTES:

The Contractor shall give written notice to the Purchasing Agent of intent to file a claim for money or other relief within ten (10) calendar days of the occurrence giving rise to the claim or at the beginning of the work upon which the claim is to be based, whichever is earlier.

The claim, with supporting documentation, shall be submitted to the Purchasing Agent by US Mail, courier, or overnight delivery service, no later than sixty (60) days after final payment. The Contractor shall submit its invoice for final payment within thirty (30) days after completion or delivery of the services provided. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his/her decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of KGCSA’s receipt of the claim.

The Purchasing Agent’s decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the General Manager, or his/her designee. The General Manager shall render a decision within sixty (60) days of receipt of the appeal.

1.11

SEVERABILITY:

In the event that any provision shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire Contract (Agreement) but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding and in full force and effect.

1.12

EMERGENCY ORDER:

In the event of an emergency KGCSA reserves the right to order the contracted services or supplies from other sources that could provide a faster delivery time.

1.13

TAXES:

This is not a tax-exempt project. The CONTRACTOR, and all Sub-Contractors shall comply with applicable tax laws and regulations. The price or prices bid here shall include all federal and state, direct and indirect taxes that apply. OR: King George County and/or the King George County Service Authority is exempt from excise taxation by virtue of exemption certificate No. 54-0716449. The Purchasing Agent will complete such documents as may be necessary for the CONTRACTOR to comply with applicable tax laws and regulations. The price or prices quoted here shall include all other federal and state, direct and indirect taxes that apply. This is not a tax-exempt project. The CONTRACTOR, and all Sub-Contractors are to comply with applicable tax laws and regulations.

SECTION 2

PROPOSAL REQUIREMENTS

In order to be considered for selection, Offerors must submit a complete response to the RFP. All information requested, and the requirements of this RFP must be supplied in writing in order for KGCSA to consider the proposal complete. One (1) original and four (4) copies of each proposal must be submitted to the Owner. The Offeror shall make no other distribution of the proposal.

2.1

EFFECT OF PROPOSAL SUBMISSION:

Submission of a proposal shall constitute an agreement to include the provisions contained in this RFP and/or in the Offeror’s proposal in any agreement negotiated between the parties unless an exception or clarification to any such provision is clearly indicated in the proposal labeled “Clarifications and Exceptions”.

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

The KGCSA shall not be responsible for any expense incurred by the firm in preparing and submitting a proposal, or expenses incurred related to subsequent inquiries or interviews for evaluation or contract negotiations. All proposals/materials submitted shall become the property of the KGCSA.

2.2

DUE DATE AND COPIES RETURNED:

Proposals will be received until 2:00 PM local prevailing time, as per the Official Purchasing Timeclock, on April 8, 2024, Proposals must be received by the Finance Department/Purchasing Office prior to, or by the date/time noted above. The KGCSA will not accept proposals after that date and time. Proposals received in the Finance Department/Purchasing Office after the date and time prescribed will not be considered for evaluation and will be returned, unopened, to the Offeror.

It shall be the Offeror’s responsibility to ensure his/her proposal has been received by the Finance Department/Purchasing Office on or before the deadline published above. KGCSA is not responsible for delays in the Postal service or other methods of delivery.

Offerors shall submit four (4) copies of their technical proposals and one marked “Original”, for a total of five (5). Each submittal should be concise, clear, readable, and complete. Each submittal shall be bound or contained in a single volume where practical. Each of the required sections should be clearly and easily separated and marked in the volume.

Offerors shall deliver sealed proposals to:

King George County

Attn: Procurement Specialist

10459 Courthouse Dr, Suite 201

No other proposal distributions by the Offeror shall be permitted.

2.2.1

FACILITY CLOSURE:

Due to inclement weather, or other emergency conditions, KGC may temporarily close its Administration facility. If bids are due on a day that the KGC Administration facility is closed, bids will be considered due at the same time on the next business day the facility is open to the public. During inclement weather, KGC facility closures are posted on the Web at https://www.kinggeorgecountyva.gov or call (540) 775-9181.

2.3

CONFLICTS OF INTEREST:

This solicitation is subject to the provisions of Section 2.2-3100 et seq., of the Code of Virginia, “the Virginia State and Local Government Conflicts of Interest Act”. No member of the King George County Board of Supervisors, King George County Economic Development Authority, King George County Service Authority, or any employee of King George County, or the spouse or any other relative who resides in the same household as any of the foregoing, may be a sub-contractor in connection with any bid or proposal, or have a personal interest therein, as defined by Code of Virginia.

2.4

COLLUSION:

All submitted proposals shall be made without collusion or fraud. This includes a prior understanding, agreement, or connection with any corporation, partnership, firm, or person submitting a proposal for the same requirements. Collusive bidding is a violation of Federal Law and can result in fines, prison sentences, and civil damage awards.

2.5

OWNERSHIP:

KGCSA requires all Offerors submitting proposals to indicate their form of organization and current principal place of business.

2.6

CONFIDENTIALITY:

Proprietary information that is submitted must be clearly identified as such at the time of submission (The Virginia Freedom of Information Act –FOIA- § 2.2-3700 et. seq. of the Code of Virginia.) Offerors must invoke this protection by written request and identify the specific area or scope of data or other materials to be protected and state the reasons why protection is needed. Proprietary information, if any, shall be clearly identified as such within the submittal and should be easily segregated from other portions of the proposal; pricing and other material portions of the proposal will not be considered proprietary. The entire proposal cannot be protected, only that information that is considered proprietary or trade secrets.

2.7

STATEMENT OF QUALIFICATIONS SUBMITTAL CONTENTS:

Offerors shall submit four (4) copies of their Proposal (Statements of Interest and Qualifications, and price proposal) and one (1) “Original” (marked as such). Proposals should be as thorough and detailed as possible so that KGC may properly evaluate the Offeror’s capabilities to provide the required services. Proposals shall be submitted on 8-1/2” x 11” paper, and prepared simply and concisely. Elaborate artwork, expensive paper, bindings, visual, and other presentation aids are not required. Each Offeror’s proposal shall be organized in the sequence outlined in Section 2.8 of this RFP.

All proposals shall be signed by an officer or employee authorized to bind the firm contractually.

Page 1 of this RFP must be completed and submitted with your proposal.

2.8

PROPOSAL FORMAT INSTRUCTIONS:

KGCSA is not responsible for failure to locate, consider and evaluate qualification factors presented outside of the format identified below. Proposals that do not meet the KGCSA proposal submittal guidelines listed below may be excluded from the evaluation process.

KGSAC will utilize the evaluation process and selection criteria described in Section 3 of this RFP. In order to provide each Offeror an equal opportunity for consideration, adherence to a standardized proposal format is required. The format of each proposal must contain the following elements organized into separate chapters and sections:

A. Page 1 of this RFP:

Page 1 of this RFP must be completed and included with the proposal.

B.

Cover Letter:

The cover letter shall confirm the Offeror’s understanding of this RFP and has a general understanding of the work. The cover letter shall also clearly identify the work the submission is for.

C.

Title Page:

The title page should contain the name of this RFP and of the Qualification Statement, which is “On Call Water and Sewer Line Repair and Construction Services for the King George County Service Authority,” and identify the organization by company name, contact name, address, phone number, and facsimile number. This contact shall be considered by the Authority as the Offeror’s main contact point for all communication regarding this procurement.

D. Table of Contents:

Submittals should contain a detailed table of contents listing major sections and subsections that correspond to the requirements of the RFP. The table of contents should also list all tables, appendixes, figures, etc. contained in the proposal.

E.

Executive Summary:

The purpose of the Executive Summary is to provide an overview of the Offeror’s qualifications to contract and fulfill the Authority’s objectives and the provision of the Services. At a minimum, the Executive Summary should contain the following information:

1. Name and headquarters location of the Offeror’s organization.

2. Description of the Offeror organization and its/their legal structures (corporation, joint venture, etc.)

3. Examples of current and past water and wastewater systems where the Offeror is providing services similar to those to be provided under this RFP.

4. The general and specific capabilities and experience that the Offeror believes will benefit the Authority.

F.

Qualification Statement:

The purpose of the Qualification Statement is to provide the Authority with a centralized easily identified source of important contacts for personnel to be assigned to this project, and their relevant experience with similar projects that make them qualified for this work. The statement should include the names, positons/titles, firms, mailing addresses, phone and fax numbers, and (when possible) email addresses for each of the project team members.

G.

Proposed Work Plan:

Provide a written summary of the general approach to responding to the Authority’s task order requests. The summary should include availability to perform the task-based work, time needed to mobilize, turn-around time to prepare fee estimates for individual tasks, and ability to perform point repairs and on-call emergency work. The Offeror should identify the amount of time needed to visit a proposed work site after being notified by the Authority, time needed to prepare a proposal, and after acceptance of the proposal, the time needed to mobilize and begin work.

H. Relevant Experience:

This section should address the previous and ongoing experiences of the Offeror with contracts similar to that being sought by the Authority. Offerors should provide a description of their relevant capabilities as they relate to the Services. This may include broad capabilities, experience, and overviews as well as more detailed descriptions of specific methodologies, innovative practices, cost-savings measures and the like.

I. Cost Proposal:

The Offeror shall include with their submission a price proposal consisting of hourly rates for each employee classification and equipment that will be assigned to KGCSA. The proposal shall include regular hourly rates and overtime-hourly rates.

J.

State Corporation Commission (SCC) Verification

Each Offeror shall submit proof Authority to Conduct Business in the Commonwealth (SCC Identification Number). All SCC Identification numbers will be verified by the Procurement Manager prior to proposal acceptance and consideration for award.

K.

W-9 Form:

Each Offeror shall submit a completed W-9 form with their proposal in the event of contract award. This information is required in order to issue purchase orders and payments to your firm. A copy of this form can be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf.

SECTION 3

SELECTION OF CONTRACTOR

This section of the RFP outlines KGCSA’s process for selecting the best proposals plus the major elements of the subsequent contract resulting from this selection.

3.1

APPROVING AUTHORITY:

The approving authority for this RFP is the Board of Directors of the King George County Service Authority, Virginia.

3.2

SELECTION COMMITTEE:

KGCSA will appoint a Selection Committee to review and evaluate all proposals received. In turn, the Selection Committee will make its recommendation for selection of an Offeror to the Board of Directors of the King George County Service Authority.

3.3

INTERVIEW:

Based on the results of proposal evaluation by the Selection Committee, the highest rated Offerors may be invited by the KGC Procurement Manager to make oral presentations to the Selection Committee. Such presentations may include, but are not necessarily limited to, explanations of the proposed approach, work plan, and qualifications of the Offeror. There is no specified number of Offerors that may be selected for interview.

Interviews will be conducted in a location selected by KGCSA as provided by law.

Presentations by the selected Offerors during the interviews shall not exceed thirty (30) minutes in length, followed by a question/answer period not to exceed thirty (30) minutes in length. The selected Offerors may use any presentation method deemed by the Offeror to be most effective.

3.4

BASIS FOR AWARD:

The Selection Committee will base its award recommendation on the “Evaluation Criteria” set forth in this RFP.

The Award will be made to the responsible Offeror or Offerors whose proposal, interview and resulting contract conforms to this solicitation and is most advantageous to KGCSA, price and other factors considered. If KGCSA is unable to come to agreement with the highest ranked Offerors during negotiations, the negotiations will be terminated and the Offeror ranked next shall be selected for negotiations. This process will be followed until a contract or contracts satisfactory to KGCSA can be made.

Should KGCSA 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.

3.5

EVALUATION CRITERIA:

The Selection Committee will base its initial and final evaluation on the following criteria:

Maximum Points

Evaluation Criteria Technical experience and knowledge of water and sewer line installation and repair, testing and maintenance.

The experience and qualifications of the firm, availability and type of equipment, past performance on related projects, related certifications and quality management processes and procedures.

The experience and qualification of the firm’s key personnel that will perform the requirements of this project in term of certifications, technical training and experience.

Project approach to include demonstrated capacity to perform and successfully commit to the work. Coordination of work, planning, completion of work, and reporting.

Hourly rate price proposal.

Proposals should be submitted initially on the most complete and favorable terms from a technical standpoint. Should proposals require additional clarification and/or supplementary information, firms should be prepared to submit additional clarification and/or supplementary information, in a timely manner, when so requested. KGCSA reserves the right to request submission of additional information from selected firms after initial review of their proposals.

The KGC Purchasing Agent may arrange for discussion with Offerors submitting proposals, if required, for the purpose of obtaining additional information or clarification.

The Selection Committee may make such reasonable investigations, as it deems proper and necessary to determine the ability of the Offeror to perform the work. The Selection Committee and/or its representative(s) reserve the right to inspect the Offeror’s physical premise prior to making a final selection.

After review and evaluation, and based on its sole discretion, KGCSA reserves the right to reject any or all proposals received in response to this request and will not compensate Offerors for the cost of proposal preparation whether or not an award in consummated.

3.6

OWNERSHIP OF DOCUMENTS:

The Offerors shall provide KGCSA with documents bound and suitable for distribution.

All documents, including computer disks, submitted in response to this solicitation shall become the property of KGCSA. All documents, including computer disks, prepared in conjunction with, and relating to, the work detailed in this solicitation and resulting contract shall become the property of KGCSA upon final payment of all fees to the Contractor as forth for in the contract.

3.7

PRIME CONTRACTOR:

The successful Offerors (Contractor) shall assume full responsibility for the complete effort as required by this RFP. The selected Offerors shall be the sole point of contact for KGCSA with regard to all contractual responsibilities.

3.8

CONTRACT DEVELOPMENT:

Once an Offeror (or Offerors) is tentatively selected based on the “Evaluation Criteria” detailed in this solicitation, KGCSA reserves the right to conduct further discussions/negotiations with the selected Offerors. As a result of this discussion and negotiation, KGCSA may propose, in writing, a contract that amends the scope of the RFP or the Offeror’s proposal prior to signing the contract. At the same time, this RFP and the Offeror’s proposal may be incorporated by reference directly into the final contract.

The contract, this RFP, any addenda, and the Offeror’s proposal submission in response thereto shall constitute the whole agreement between the parties.

If a satisfactory proposed contract cannot be negotiated with the highest ranked Offerors, negotiations will be terminated. Negotiations shall then be undertaken with the Offeror rated next most qualified and so on until an agreement is reached with an Offeror or Offerors.

3.9

STANDARD AGREEMENT FOR SERVICES:

Absent legal requirements, the award will be governed by the “Standard Services Agreement” for this work. A sample Agreement is attached to this RFP as Attachment A.

Specific obligations of each party will be identified in the executed contract.

3.10

NOTICE TO PROCEED/PURCHASE ORDER:

A Notice to Proceed will be enclosed with the resulting contract.

A purchase order will not be enclosed with the resulting contract; purchase orders will be issued for each task order assigned to the Contractor by KGCSA. The purchase order indicates that sufficient funds are obligated and assures distribution of the necessary receiving reports and/or invoice payment approvals. Performance time and dates are determined solely by the individual purchase orders and any modification thereto, based on the fee schedule that is included in the Agreement.

However, the purchase order does not supersede any provisions of the resulting contract.

3.11

ACCEPTANCE, INVOICING, AND PAYMENT:

Tasks and all reports shall be conducted and completed in accordance with recognized and customarily accepted industry practices and shall be considered complete when the product or service is approved as acceptable by KGCSA.

The Contractors shall submit itemized invoices detailing the services performed and completed to KGCSA. The invoice submittal shall provide sufficient information to justify the invoiced amount to include documentation of any purchased equipment (copy of invoice from provider). Invoices that, in KGCSA’s sole opinion, do not clearly detail services provided and completed shall be returned to the Contractor.

The Contractor’s invoice shall cite the appropriate KGCSA purchase order and contract numbers.

KGCSA will make payment to the Contractors, net forty-five (45) days or in accordance with discount terms, if offered, after receipt of an acceptable invoice and satisfactory completion of the requested services as verified by KGCSA.

3.12

INSURANCE:

The successful Offeror shall comply with the insurance requirements set forth in the following numbered paragraphs and those required under the Commonwealth of Virginia statutory requirements. The Offeror’s proposal shall clearly describe any desired exceptions to the insurance coverage required.

A.

The Contractor shall be responsible for its work and every part thereof, and for all materials, equipment, and property of any and all description used in connection therewith. The Contractor assumes all risks of direct and indirect damage or injury to any person or property wherever located, resulting from any action, omission, commission, or operation under the contract, or in connection in any way whatsoever with contracted work.

B.

The Contractor shall provide certified copies of all insurance coverage on behalf of the Contract five (5) days prior to work beginning. These certified copies will be sent to the KGC Purchasing Agent from the Contractor’s insurance agent or representative. Certificates of Insurance submitted to KGCSA shall have the corresponding Contract/Agreement number noted on them.

C.

The Contractor shall, during the continuance of all work under the contract, provide and agree to maintain the following:

1) Worker’s Compensation and Employees insurance under the Commonwealth of Virginia statutory requirements, to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, or subcontractors, including any and all liability or damage which may arise by virtue of any statute or law in force with the Commonwealth of Virginia, or which may be hereinafter enacted.

2) General Liability insurance sufficient to protect the Contractor, its subcontractors, and the interest of KGCSA, against any or all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the Contract or in connection with the contracted work. The General Liability insurance shall also include the Broad Form General Liability endorsement, in addition to coverages for explosion, collapse, and underground hazards, where required. Completed Operations Liability coverage shall continue in force for one year after completion of work. Professional liability insurance in the amount of $1,000,000.00 is also required.

3) Automobile liability insurance, including property damage, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the Contractor and/or his/her subcontractors in the performance of the work. In addition, all mobile equipment used by the Contractor in connection with the contracted work, will be insured under either a standard Automobile Liability Policy, or a Commercial General Liability policy.

4) Liability insurance may be arranged by General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy.

The Contractor will provide an original, signed Certificate of Insurance, evidencing such insurance and such endorsements as prescribed herein, and shall have it filed with the KGC Purchasing Agent before a contract is executed and any work is started.

D.

The Contractor will secure and maintain all insurance policies of its subcontractors. Those policies shall be made available to KGCSA on request.

E.

No change, cancellation, or non-renewal shall be made to any insurance coverage without a thirty (30) day written notice to KGC Purchasing Agent. The Contractor shall furnish the KGC Purchasing Agent a new prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate will result in suspension of all payments until the new certificate is furnished to KGC Purchasing Agent.

F.

Insurance coverage required in these specifications shall be in force throughout the contract term. Should the Contractor fail to provide acceptable evidence of current insurance within five (5) days of written notice at any time during the contract term, KGCSA shall have the absolute right to terminate the contract without any further obligation to the Contractor, and the Contractor shall be liable to KGCSA for the entire additional cost of procuring the incomplete portion of the Contract at time of termination.

G.

Compliance by the Contractor and all subcontractors with the foregoing requirements shall not relieve the Contractor and all subcontractors of their liabilities and obligations under this heading or under any other section or provisions of this contract.

H.

Contractual and other Liability insurance provided under the Contract shall not contain a supervision, inspection, or services exclusion that would preclude KGCSA from supervising and/or inspecting the work as the end result. The Contractor shall assume all on-the-job responsibilities for the control of persons directly employed by it, the subcontractors, any person employed by the subcontractor.

I.

Nothing contained herein shall be construed as creating any contractual relationship between any subcontractor and KGCSA. The Contractor shall be as fully responsible to KGCSA for the acts and omissions of the subcontractors and of persons employed by them as it is for the acts and omissions of persons directly employed by it.

J.

Precaution shall be exercised at all times for the protection of persons (including employees) and property.

K.

The Contractor, and all subcontractors, are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, as it may apply to the Contract.

L.

KGCSA and the Authority shall be named additional insured in the General Liability policies and stated so on the Certificate of Insurance.

3.13

NONDISCRIMINATION (CONTRACTOR):

During the performance of this contract, the Contractor agrees as follows:

A.

The Contractor will not discriminate against any employee or applicant or 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 provisions of this non-discrimination 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 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 sub-contractor or vendor.

E.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

F.

The Contractor will include the provisions of the foregoing paragraphs in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each sub-contractor or vendor.

3.14

CERTIFICATION OF AUTHORITY TO TRANSACT BUSINESS IN THE COMMONWEALTH

A Contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. If your authority to transact business is revoked or cancelled at any time during the term of this contract the County may void any and all agreements and/or contracts at any time without notice, set-off or recourse.

I certify that __________________ is authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Virginia Code:

Yes/No ______ CONTRACTOR’S identification number issued by the SCC: __________ __ _____ If you assert that your entity is not required to have such state authorization, state your exception/exemption: ___________________________________________________

REMAINDER OF PAGE LEFT BLANK

PAGE

KGCSA – On-Call Services

RFP #04082024-1400