RFP 14-25 Class-Comp Consultant Services.pdf

BID #: 14-25 DATE: June 12, 2024

Sealed Bids, subject to the general conditions and specifications hereby attached, will be received at the Office of the City Clerk, Second Floor, Municipal Building, 300 North Main Street, Hopewell, Virginia 23860 until, but not later than 11:00 a.m. July 11, 2024.

INSTRUCTIONS FOR SEALED BID SUBMISSION

1. All bids must be submitted in a sealed envelope. Each Sealed Bid submission shall include one (1) original and one (1) electronic [USB] version.

2. In-person submission: Enter the Municipal Building door at the rear of the building marked Planning

& Development and request the receptionist to contact the City Clerk for bid submission.

3. Regardless of delivery method of bid, the outside of each envelope must clearly indicate the following:

(if bid is delivered by Federal Express, UPS, USPS Priority, etc. or any other means, the outside of each envelope must also clearly indicate):

Office of the City Clerk

Second Floor

Municipal Building

300 North Main Street

Hopewell, Virginia 23860

Closing Date of Bid: July 11, 2024

Commodity Name: CLASSIFICATION AND COMPENSATION STUDY

Bid #: 14-25

4. Unless otherwise specified, bidders are to complete and return all Bid Documents furnished by the City.

All Bid Documents shall be signed in the spaces provided and returned. Bids or changes to a bid response shall not be accepted via fax or email.

5. ANY BID RECEIVED AFTER THE ANNOUNCED TIME AND DATE OF OPENING,

WHETHER BY MAIL OR OTHERWISE, WILL NOT BE CONSIDERED AND WILL BE

RETURNED UNOPENED.

REQUEST FOR PROPOSALS

CLASSIFICATION AND COMPENSATION

STUDY

CITY OF HOPEWELL

The right is reserved to reject any or all Bids submitted and also to place the order where it appears it will be to the best interest of the city. All quoted prices shall be FOB locations.

If you desire not to bid on this invitation, please forward your acknowledgement of NO BID.

All bid quotations are subject to general terms and conditions hereby attached and will be rejected if not properly executed.

Individual contractors must provide their social security numbers and other types of firms must provide their federal employer identification numbers in the payment clauses to be included in contracts.

Quantities indicated herein are estimates of anticipated usage. It is understood and agreed to between the parties of a resulting contract that the City may increase or decrease quantities at the quoted price. Furthermore, it is agreed to between the parties of a resulting contract that the City shall not be obligated to purchase or pay for materials by such contract unless and until they are ordered and delivered.

The City reserves the right to be sole judge and to make the award in accordance with its own judgement as to what will best meet its requirements and be in the best interest of the City. The City reserves the right to reject any or all bids, to waive all informalities, and to reject any or all items of any bid.

AVAILABILITY OF FUNDS: It is understood and agreed between the Bidder and the City that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this quotation or agreement.

WITHDRAWAL OF BID: No bid may be withdrawn for a period of ninety (90) days from the date of bid opening unless the bidder has made a clerical error. The bidder shall give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers substantiating the error with such notice.

Bidding and contracting procedures shall conform to all applicable regulations and provisions of the City of

Hopewell Procurement Ordinance effective July 11, 2017; a copy of which is available on the City’s website

(www.hopewellva.gov) under the tab GOVERNMENT, section LAWS/ORDINANCES. Click the link at the bottom of the page and click Chapter 2A-Procurement to view the Procurement Ordinance.

Arquesia S. Haskins

Procurement Officer http://www.hopewellva.gov/

In compliance with Invitation for Bid #14-25 and subject to all conditions thereof and attached thereto, the undersigned offers and agrees if the Bid price and conditions will be accepted within ninety (90) calendar days from the date of opening to evaluate, to furnish any and all of the items upon which the prices are quoted, at the price set opposite each item, delivered at the points as specified and as scheduled.

NAME OF ORGANIZATION TELEPHONE NUMBER

STREET ADDRESS EMAIL ADDRESS

CITY, STATE, ZIP CODE FAX NUMBER

NAME (TYPE OR PRINT) OFFICIAL TITLE

SIGNATURE DATE

STATE CORPORATION COMMISSION

ID#

IRS I.D. #

State Corporation Commission Form

Virginia State Corporation Commission (“SCC”) registration information:

The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number:

-OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out- of-state location)

-OR-

is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the

Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for Qualifications (the City reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: Date: _____________________

Name:

Print

Title: _________________________________

Name of Firm:

SCOPE OF WORK

The purpose of this RFP is to establish a contract with a qualified consultant to conduct a classification and compensation study for the City of Hopewell, Virginia.

GENERAL

Hopewell (“City”) is interested in receiving proposals from qualified Offerors to conduct a comprehensive classification and compensation study which will include an option to provide an annual salary survey to ensure the pay plan remains competitive.

The City’s goal is to have a thorough classification and compensation study utilizing accepted practices in the management and design of compensation systems. The City’s objectives are:

To attract and retain qualified workers who will be paid equitable salaries;

To provide equitable salaries for all workers of the City; and

To provide the City with a salary structure that enables the City to maintain a competitive position with other governmental entities within a regional geographic area.

It is expected that the study will recommend adjustments to the City’s pay plan rules, policies, and salary structure, to allow for appropriate compensation, rectify compression/equity issues along with a total compensation comparison.

BACKGROUND

The City of Hopewell is a full service municipality servicing 22,591 residents. The City has twelve (12) departments which include: City Manager/Assistant City Manager, City Attorney, Planning and Development, Finance, Fire, Human Resources, Parks and Recreation, Police, Public Works, Social Services, Healthy

Families, and Hopewell Water Renewal. The City employs approximately 450 full-time and part-time regular employees.

The City of Hopewell follows the Council-Manager form of government, which combines the political leadership of elected officials with the managerial experience of an appointed City Manager. The City of

Hopewell is divided into seven (7) wards. Each ward has a representative on City Council that serves a four-year term. Elections are held for each ward every four (4) years. The term of office begins on July 1 of the election year and ends June 30 four (4) years later. The City Manager has sole authority to authorize new job position classifications and/or reclassifications, as well as the appointment and termination of employees.

The existing classification and compensation system has approximately 152 established classifications with approximately 450 positions (full-time and part-time). A comprehensive review of the classification and compensation system was completed in 2017. Copies of the job descriptions shall be provided to the Consultant.

A thorough classification and compensation study of the City will show the City’s current position and its ability now and in the future to recruit and retain talented employees to provide quality services to the City of

Hopewell. It is expected that the study will indicate what actions should be taken, if any, to avoid loss of qualified staff and difficulties in recruiting new employees for City employment, while competitively compensating its current employees. Additionally, it is expected that the study will recommend adjustments to the City’s pay plan rules, policies and salary structure, including incentive pay options, to allow appropriate compensation, to account for employee’s service, special achievements, or to rectify compression/equity issues and a total compensation comparison.

SCOPE OF SERVICES

This study shall include an examination of the City’s classification and compensation system and shall make recommendations for compensation policies, procedures and practices. The development of a comprehensive classification/compensation plan for City employees shall be based upon an objective analysis and evaluation of job content. The study shall be conducted in accordance with generally accepted compensation methods, and applicable federal and state laws. The study is limited to gathering information on pay data and not benefits information.

The overall classification and compensation plan must provide internal equity and yet be competitive in the marketplace in attracting and retaining qualified employees. The study shall include but is not limited to the following:

A. Classification Study

1. Review current classification grade methodology, and propose recommended strategies for Hopewell.

2. Update and/or create American Disabilities Act (“ADA”) compliant job descriptions to uniformly reflect the distinguishing characteristics, essential job functions, minimum qualifications, working conditions, license requirements, and standby responsibilities, for classifications as needed.

3. Identify management, supervisory, professional, technical, and general employees, including Fair Labor

Standards Act (“FLSA”) status (exempt/non-exempt).

4. Compare Position Descriptions Questionnaires to existing job descriptions.

5. Analyze existing internal hierarchy based on job relationships, identify problem areas within the internal hierarch system, and propose implementation methods to correct identified problems.

6. Identify career ladders for classifications as deemed appropriate.

7. Present proposed recommendations to Human Resources for review prior to making any final classification determinations.

B. Compensation Study

1. Schedule an initial meeting with the City to discuss the process and tasks to be performed to include reasonable dedication of key personnel.

2. Provide weekly progress reports to include data collected.

3. Recommend and identify a market position for Hopewell.

4. Develop a comprehensive labor market salary survey for the Tri-Cities area that reflects the public sector to include the following localities: City of Petersburg, City of Colonial Heights, City of

Richmond, Prince George County, Chesterfield County, New Kent City, Dinwiddie County, Henrico

County and Hanover County. The Offeror and/or the City may also identify other appropriately comparable public entities for review.

5. The market salary will include the following:

a. Market salary survey comparison to Hopewell City for each benchmark position for each position by minimum, midpoint, and maximum.

b. Prepare cost analysis for employees in positions that fall below the proposed minimum salaries following reclassification.

c. Combined average pay plan salary range comparison to Hopewell City for each benchmark position by minimum, midpoint, and maximum.

6. Recommend appropriate salary range for each existing or proposed position based on the classification plan, the compensation survey results, and internal relationships and equity.

7. In addition, to Number 5 above, recommend salary range to include percent spreads between ranges and within ranges for each position based on median and mean salary of comparable cities. Prepare a new salary structure based on the results of the survey and best practices.

8. Recommend implementation strategies including calculating the cost of implementing the study with a phased approach that would be implemented over three (3) years.

9. Provide system documentation and computer formats as approved by the Human Resources staff.

10. Conduct analysis of pay policies and practices and develop recommendations for the ongoing internal administration and maintenance of the proposed classification and compensation plan.

11. Conduct a compression analysis to include any recommendations for implementation.

C. Study Conclusion

1. Prepare a written report of recommendations, including discussion of methods, techniques, and data used to develop the Classification and Compensation Plan.

2. Provide instructional information to allow City staff to conduct individual salary audits and adjustments consistent with study methods until the next formal study is conducted.

3. Attend meetings, if requested, throughout the process with employees, the City Manager, and/or City

Council to explain the methodology, survey results, and recommendations. The Offeror should budget for two (2) Board Meetings, and at least four (4) meetings with employees.

PROPOSAL SUBMITTAL REQUIREMENTS

Include all information requested, organized in tabbed sections clearly identified in a table of contents as described in the paragraphs that follow. Any other information thought to be relevant, but not applicable to the enumerated categories, may be provided as a separately bound appendix to the proposal. The following information/documents should be included in the proposal package to be considered responsive to the Request for Proposals:

A. Agents and Address

Identify who will be the project Agent and key staff assigned if awarded. Provide resumes summarizing the qualifications and experience of the individuals who will be conducting the study. Include specific information on the staff’s experience with public sector compensation including public safety. Describe successful outcomes.

B. Statement of Methods and Procedures

Provide a statement describing the scope of work as you understand it. Describe the approach, means, methods, and procedures to be used to gather the data, analyze findings and develop recommendations as requested. Provide a sample of reports and/or other correspondence.

C. Structure and Content of Work Product

Describe how the final work product will be structured and presented upon completion. Include any automated computer or software compatibility information.

D. Work Schedule (Deliverables)

Provide a timeline indicating tasks required and the start and completion dates for each. It is desired that the work will commence as soon as possible after July 15, 2024, and be completed on or before December 15, 2024.

E. References

Include the name, address, telephone number, and email address for contact persons at five (5) other public jurisdictions for which comparable services have recently been rendered. Although public references are desired, private references may also be submitted.

F. Cost of Services

Provide a total cost estimate and not to exceed amount for the work described in scope of work; a rate schedule for computing any extra work not specified in the contracted scope of work; and amount to be deducted from total cost estimate because Offeror is conducting (or has conducted in the past six (6) months) salary surveys of comparable jurisdictions/positions, the data from which can be shared rather than independently gathered.

GENERAL REQUIREMENTS

Ownership of all data, materials and documentation originated and prepared for the RFP shall belong exclusively to the City of Hopewell and shall be subject to public inspection in accordance with the Virginia Freedom of

Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of

§ 2A-12 (2) of the Code of Hopewell, Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material should be submitted in a separate sealed envelope and marked proprietary. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

Debriefing: The entire RFP procurement file, including evaluations and justifications of award, will become public information and be available for review only after an award is made. No interviews will be conducted with unsuccessful Offerors to explain the contents of the procurement file.

EVALUATION CRITERIA

These criteria are to be utilized in the evaluation of qualifications for development of the shortlist of those Offerors to be considered for negotiations.

The respondents will be evaluated on the following criteria with the possibility of an overall cumulative score of 100 points:

Selection Criteria Point Value

Demonstrated qualifications and capacity of the Offeror. This will include: Years in business, service capabilities and experience of the firm in providing compensation and classification studies for public governmental entities. Verification of positive references with other clients will be considered in the evaluation process.

Demonstrated understanding, approach and explanation of the services offered as it relates to the desired outcomes as outlined in the scope of services and the experience to perform.

Demonstrated capabilities of the Offeror. This will include proactive business practices and philosophies of contractor to ensure the Offeror has the ability to perform, and that the Offeror can complete the tasks within the stated timeframe.

Reasonable fee/costs/and/or rates associated with the offered consulting services.

Clarity offered in a not to exceed cost.

EVALUATION PROCESS

Proposals will be evaluated and interviews may be scheduled with selected firms in accordance with the “other than professional services” method of selection outlined in § article VI, 2A-12, 13 of the Code of Hopewell, Virginia. The City of Hopewell shall appoint a Selection Committee to review and evaluate all proposals submitted by Offerors responding to this RFP. The proposals will be evaluated and ranked based on the Evaluation

Criteria listed. The City of Hopewell may ask top ranked Offerors to attend a presentation discussion as part of the evaluation process. Firms invited to the discussion should be prepared to have general discussions on non-binding estimates of cost to provide requested services. At the conclusion of the evaluation process, the City will select one or more firms with whom final negotiations will be conducted in an effort to obtain a contract.

AWARD

Award shall be made to the responsible offer whose proposal is determined in writing to be the most advantageous to the City taking into consideration price and the evaluation factors set forth in the request for proposals per § article IV, 2A-12, 14 of the Code of Hopewell, Virginia. The contract file shall contain the basis on which the award is made. The award of a contract shall be the sole discretion of the City. The award shall be based on the evaluation of all information as the City may request. The City reserves the right to accept or reject any or all proposals in whole or in part and to waive any informality in the RFP. Further, the City reserves the right to enter into a contract deemed to be in its best interest.

CONTRACT TERM

It is the City’s desire to enter into a lump sum, not-to-exceed agreement with the Consultant. A final report is expected no later than December 15, 2024.

TRADE SECRETS / PROPRIETARY INFORMATION

Trade Secrets or Proprietary information submitted by an Offeror, or contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the

Offeror must invoke the protections of this section prior to or upon submission of data or other materials to be protected and state the reasons why protection is necessary. Information leading to the decision to award, including prices and other factors, shall be made public after an award decision is made.

Please mark one:

( ) No, the submittal I have turned in does not contain any trade secrets and/or proprietary information.

( ) Yes, the submittal I have turned in does contain trade secrets and/or proprietary information.

If YES, please list the page numbers and the reasons for why the information is considered a trade secret and/or proprietary information. Do Not Mark the Whole Proposal Proprietary.

DIRECT CONTACT

Direct contact with any City employee, including the Human Resources Department without the expressed permission of the Procurement Officer, on the subject of this proposal, is strictly forbidden. Violation of this paragraph may result in disqualification of the Offeror’s proposal.

QUESTIONS

All questions should be sent electronically on or before Monday, June 24, 2024, 5:00 p.m. as follows:

1. Procurement questions shall be addressed to Arquesia Haskins, Procurement Officer, at procurement@hopewellva.gov

2. Technical questions shall be addressed to Yaosca Smith, Human Resources Director at ysmith@hopewellva.gov

Addenda will be issued on Friday, June 28, 2024 as required to answer questions.

GENERAL TERMS AND CONDITIONS

A. 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 the City of Hopewell, Virginia; any litigation with respect thereto shall be brought in the courts of the City. The contractor shall comply with all applicable federal, state and local laws, rules and regulations. This compliance includes obtaining a Hopewell business license, if required, before work is performed.

B. EMPLOYMENT DISCRIMINATION/DRUG-FREE WORKPLACE BY CONTRACTOR: By submitting the bids/Qualifications, the bidders/Offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment

Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans

With Disabilities Act and §2.2-4311 of the Virginia Public Procurement Act. 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 the City 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 City. (Code of Virginia, §

2.2-4343.1E).

Every contract over Ten Thousand Dollars ($10,000) shall include the provisions below. 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 other basis prohibited by state law relating to discrimination 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.

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 these requirements of this section.

4. To provide a drug-free workplace for the contractor’s employees.

5. To 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.

6. To state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace.

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.

The contractor will include the provisions of the foregoing paragraphs 1, 2, 3, 4, 5 and 6 in every subcontract or purchase order over Ten Thousand Dollars ($10,000) so that the provisions will be binding upon each subcontractor or vendor.

C. DIRECT TAXES: All bids/Qualifications shall be submitted exclusive of direct Federal, State, and local taxes. However, if the bidder/Offeror believes that certain taxes are properly payable by the City, he may list such taxes separately in each case directly below the respective item bid/Qualification price. Tax exemption certification will be furnished on request.

D. INDEMNITY: The contractor agrees to defend, indemnify and hold harmless, the City of Hopewell and its members, officers, directors, employees, agents, and representatives from and against any and all claims, damages, demands, losses, costs and expenses, including attorney’s fees, and any other losses of any kind or nature whatsoever including claims for bodily injuries, illness, disease, or death and physical property loss or damage in favor of contractor, its sub-contractors, their employees, agents, and third parties arising during the performance of services and resulting from tort, strict liability, or negligent acts or omissions of contractor, its sub-contractors and their employees or agents under the agreement, or resulting from breaches of contract, whatever by statue or otherwise.

Each contractor shall assume the responsibility for damage to or loss of its material, equipment or facilities located at the site and, in order to effect this limitation of liability, the contractor agrees to insure or self-insure such property against any such risk.

E. SALES TAXES: The City is exempt from payment of State sales and use tax on all tangible personal property purchased or leased for its use or consumption. Certificate of Exemption will be furnished upon request.

F. QUOTATION FORM: The bidder/Offeror must sign and properly fill out all forms in this Bid/Qualification or be subject to being declared unresponsive. If unable to submit a Bid/Qualification, please sign and return this solicitation form, advising reason for no Bid/Qualification.

G. CONTRACTOR’S DEFAULT: In case of default of the contractor, the City may procure the articles of service from other sources and hold the contractor responsible for any excess cost incurred thereafter.

H. COMPUTATION OF TIME FOR DISCOUNTS: Time in connection with discount offered, will be computed from date of delivery of the supplies or materials to carrier when final inspection and acceptance are at those points or from date correct invoice is received if latter is later than the date of delivery.

I. ETHICS IN PUBLIC CONTRACTING: By submitting the bids/Qualifications, the bidders/Offerors certify that the bids/Qualifications are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/Offeror, supplier, manufacturer or subcontractor in connection with the bid/Qualification, 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.

J. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the materials, quality, workmanship, or performance of the items offered in this Bid/Qualification prior to their delivery, it shall be the responsibility of the successful bidder/Offeror to notify this office at once, indicating in his letter the specific regulation which requires such alterations. The

City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

K. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the City of Hopewell, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the City, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

L. DEBARMENT STATUS: By submitting the bids/Qualifications, the bidders/Offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or Qualifications 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.

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

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

N. PAYMENT: Payment by the City is due thirty days (30) after delivery is made to the City of Hopewell and inspection unless otherwise specifically provided: subject to any discounts allowed.

To Prime Contractor:

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

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.

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.

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 City 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.

To Subcontractors:

A contractor awarded a contract under this solicitation is hereby obligated:

1. To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the City for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

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

3. 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 City, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee.

These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the

City.

O. PRECEDENCE OF TERMS: Paragraphs A-N 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.

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

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

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

1. The parties may agree in writing to modify the 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.

2. The Purchasing Department may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing

Department a credit for any savings. Said compensation shall be determined by one of the following methods:

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

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Department’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and 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 the Purchasing Department with all vouchers and records of expenses incurred and savings realized. The Purchasing Department 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 the Purchasing Department within thirty (30) days from the date of receipt of the written order from the Purchasing Department. 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 Virginia Public Procurement

Act. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the

Purchasing Department or with the performance of the contract generally.

S. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City, 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 the City may have.

T. AUTHORIZATION TO CONDUCT 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 of the Code of

Virginia or as otherwise required by law. Any business entity described above that enters into a contract with the City pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title

50, to be revoked or cancelled at any time during the term of the contract. The City may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

U. INSURANCE: The contractor shall secure and maintain in force, at his/her own expense all required forms of insurance and payment bonds to insure the completion for the work under contract to the satisfaction of the

City and without damage to, or claims against the City. The contractor shall provide satisfactory evidence of bonds and insurance on behalf of the sub-contractors, before entering into an agreement to sublet any part of the work to be done under this contract.

The following performance and payment bonds and forms of insurance shall be secured by the contractor to cover all work under contract and to protect the contractor, the City, and general public against any damage of claims in connections with the performance of the contract. The bonds and insurance shall be by companies duly authorized to do business in the State of Virginia. Certificates of Insurance, naming the

City as an additional insured for each type of coverage shall be required.

At the discretion of the purchasing agent, bidders/Offerors may be required to submit with their bid/Qualification a bid/Qualification bond, or a certified check, in an amount to be determined by the purchasing agent, which shall be forfeited to the City as liquidated damage upon the bidder's/Offeror’s failure to execute a contract awarded to him/her or upon the bidder's/Offeror’s failure to furnish any required performance or payment bonds in connection with a contract awarded to him/her.

At the discretion of the purchasing agent, the winning contractor(s) may be required to submit a performance and payment bond to the City which shall be evoked upon contractor’s failure to execute a contract awarded or the failure to satisfactorily complete work for which a contract or purchase order was awarded. Performance bond and payment bond in the amount of one hundred (100) percent of contract price is required as security of contract, or security for payment of all persons performing labor and furnishing materials in connection with the contract, and protecting the City from all damages or claims resulting from, or in connection with the performance of the contract or purchase order.

The performance bond and payment bond shall and does bind the surety company to protect the City from damages, claims or costs by failure of the contractor to make corrective action due to his financial solvency or for any other cause whatever.

INSURANCE COVERAGES AND LIMITS REQUIRED:

1. Worker's Compensation - Statutory requirements and benefits; require that the City of Hopewell, Virginia be added as an additional named insured on contractor’s policy.

2. Employers Liability - $1,000,000.

3. Comprehensive general liability for bodily injury liability and property damage liability shall be provided as to limits specified.

4. Contractor’s protective liability shall be provided for bodily injury liability and property damage liability.

5. Fire and extended coverage shall be provided on the completed builder risk form if specified in bid specifications.

6. The contractor shall require each of his subcontractors to carry Workmen’s Compensation Insurance and public liability and property damages liability.

7. Commercial General Liability - $1,000,000 combined single limit. The City of Hopewell, Virginia is to be named as an additional named insured with respect to the services being procured. This coverage is to include Products and Completed Operations Coverage.

8. Automobile Liability – bodily injury and property damage shall be provided as to limits set forth in the specifications.

The contractor shall have executed and delivered to the City copies of all insurance certificates.

Executed copies of the performance bond shall become a part of all copies of the contract.

SPECIAL TERMS AND CONDITIONS

A. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this bid/Qualification, no indication of such sales or services to the City of Hopewell, Virginia will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the City of Hopewell, Virginia or any department or institution of the City has purchased or uses its products or services.

B. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five

(5) years after final payment, or until audited by the City of Hopewell, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

C. AWARD OF CONTRACT: An award will be made to the lowest responsive and responsible bidder/Offeror.

Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The

City reserves the right to reject any and all bids/Qualifications in whole or in part, to waive any informality, and to delete items prior to making an award.

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

E. CANCELLATION OF CONTRACT: The Purchasing Department reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 30 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 30 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

F. EXTRA CHARGES NOT ALLOWED: The bid/Qualification price shall be for complete installation ready for the City’s use, and shall include all applicable freight and installation charges; extra charges will not be allowed.

G. MINORITY/WOMEN-OWNED BUSINESSES SUBCONTRACTING AND REPORTING: Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such business to minority and/or women-owned businesses. Names of firms may be available from the buyer and/or from the Division of Purchases and Supply. When such business has been subcontracted to these firms and upon completion of the contract, the contractor agrees to furnish the purchasing office the following information: name of firm, phone number, total dollar amount subcontracted and type of product/service provided.

H. PREPARATION AND SUBMISSION OF BIDS/QUALIFICATIONS: Bids/Qualifications must give the full business address of the bidder/Offeror and be signed by him/her with his/her usual signature.

Bids/Qualifications by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or any authorized representative, followed by the designation of the person signing. Bids/Qualifications by corporations must be signed with the legal name of the corporation followed by the name of the State in which it is incorporated and by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid/Qualification by a person, who affixes to the signature the word “President,” “Secretary,” “Agent” or other designation without disclosing the principal, may be held to be the bid/Qualification of the individual signing. When requested by the City, satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished.

I. WITHDRAWAL OR MODIFICATION OF BIDS/QUALIFICATIONS: Bids/Qualifications may be withdrawn or modified by written notice received from bidders/Offerors prior to the deadline fixed for bid/Qualification receipt. The withdrawal or modification may be made by the person signing the bid/Qualification or by an individual(s) who is authorized by him on the face of the bid. Written modifications may be made on the bid/Qualification form itself, on the envelope in which the bid/Qualification is enclosed, or on a separate document. Written modifications, whether the original is delivered, or transmitted by facsimile, must be signed by the person making the modification or withdrawal.

J. RECEIPT AND OPENING OF BIDS/QUALIFICATIONS: It is the responsibility of the bidder/Offeror to assure that his bid/Qualification is delivered to the place designated for receipt of bids/Qualifications and prior to the time set for receipt of bids/Qualifications. Bids/Qualifications received after the time designated for receipt of bids/Qualifications will not be considered. Bids/Qualifications will be opened at the time and place stated in the advertisement, and their contents made public for the information of bidders/Offerors and others interested who may be present either in person or by representative. The officer or agent of the City, whose duty it is to open them, will decide when the specified time has arrived. No responsibility will be attached to any officer or agent for the premature opening of a bid/Qualification not properly addressed and identified.

K. NEGOTIATION WITH THE LOWEST BIDDER: Unless all bids are cancelled or rejected, the City of

Hopewell reserves the right granted by §2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the agency whenever such low bid exceeds the city’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by the agency for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The city shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the agency wishes to negotiate a lower contract price.