RFP 2024-01-New Fire Station.pdf

REQUEST FOR PROPOSALS (RFP)

Issue Date: January 26, 2024, RFP 2024-01

Title: Design Services – Fire Station 1 Replacement

Commodity Code: 90600, 92500

Issuer: Mathews County Administration 50 Brickbat Road Mathews, VA 23109

Sealed Proposals Will Be Received Until February 23, 2024, at 2:00 p.m., for Furnishing the Goods and/or Services Described Herein.

All Inquiries for Information Should Be Directed To:

Ramona Wilson Mathews County Administrator

E-mail: rwilson@mathewscountyva.gov

If proposals are mailed, send them directly to the contact address shown above. If proposals are hand delivered, deliver to: Mathews County, Office of the County Administrator, 50 Brickbat Road, Mathews VA 23109 ATTN: Ramona Wilson, County Administrator

In Compliance with This Request for Proposals and To All the Conditions Imposed Therein and Hereby Incorporated by Reference, The Undersigned Offers and Agrees to Furnish the Goods/Services in Accordance with The Attached Signed Proposal or As Mutually Agreed upon By Subsequent Negotiation.

Name and Address of Firm: Date: _________________

_________________________________ By: __________________________ (Signature) Name: _____________________ (Print)

FEI/FIN No: _______________________ Email: __________________________

Phone No: _________________________ Facsímile: ______________________

This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or Offeror because of race, religion, color, sex, national origin, age, disability, status as a service-disabled veteran, or any other basis prohibited by state law relating to discrimination in employment.

TABLE OF CONTENTS

SECTION I ............................................................................ PURPOSE AND BACKGROUND

1 PURPOSE

2 BACKGROUND:

SECTION II ...................................................................................................SCOPE OF WORK

1 SCOPE OF WORK

2 MEETINGS AND REPORTS

3 PROJECT SCHEDULE

SECTION III….…...PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

1 GENERAL INSTRUCTIONS

2 PROPOSAL REQUIREMENTS

SECTION IV…….……………………….……...EVALUATION AND AWARD CRITERIA

1 EVALUATION CRITERIA

2 AWARD

SECTION V….….……………………..............................................TERMS & CONDITIONS

1 TERMS & CONDITIONS

SECTION VI….….……………………................................................................APPENDICES 1 APPENDIX A – Property Location …………………

SECTION I – PURPOSE AND BACKGROUND

1 PURPOSE

The County of Mathews, Virginia is seeking statements of qualifications from architectural and engineering firm(s) or teams to provide design and related services for the construction of a new Fire Station located at the Corner of Buckley Hall Road and Pine Hall Road Tax Map 21-A-4 also known as 38 Moger’s Corner Road, Mathews VA 23109 and any on and off site improvements.

The successful firm will provide design services in cooperation with the County of Mathews Building and Zoning Departments, Mathews Volunteer Fire Department, and the County Administrator’s Office.

2 BACKGROUND

The existing Station, owned by the Mathews Volunteer Fire Department was constructed in 1993 and it is located at 117 Brickbat Rd (0.18acres), the County owns the adjacent parking lot. The existing station is located in the flood zone and the parking lot often floods even in minor storm events. The existing station’s bays were adequate for engines and trucks in the past, however newer trucks are larger and are unable to fit in the old fire station. The station does not have any dorms, has marginal kitchen and meeting areas. The existing station is vulnerable to floods, making the department vulnerable and compromising the safety of citizens.

The County seeks to move forward with the design of a new fire station at 38 Moger’s Corner Road, Mathews Virginia. The new station will consist of dorms/living quarters, an Emergency Operations Center, kitchen area, meeting area(s), decontamination area, vehicle bays, and other features determined to be necessary from surveys and communication with stakeholders. The exact size of the station will be determined by site limitations and budget constraints.

SECTION II – SCOPE OF WORK

A. SCOPE OF WORK

The architectural and engineering firm(s) shall provide the following services to Mathews County by phase:

1. Conceptual Design

Meet with stakeholders to determine needs.

Analysis of Site Feasibility Prepare a site plan sketch.

Block layout floor plans Gross space tabulations Building Elevations Report Analyzing Conceptual Design Phase Findings submitted to County.

2. Design Development and Engineering Services Develop Detailed Preliminary Design and Project Cost Estimate Identify and Design Major Building Systems Geotechnical Testing Requires Frequent Meetings Report of Design Development Phase submitted to County.

3. Construction Documents Complete Set of Construction Plans, to include, Structural, Electrical, Mechanical, and Plumbing Design Specifications General and Special Conditions Bid Forms Draft Construction Contract

4. Bidding/Award Project Answer questions and issue Addenda as required.

Attend Bid Opening

Review Bids Received Advise Building Owner on Bid Award

5. Construction Administration Act as Owner’s Representative Monitor construction process and progress.

Prepare change orders.

Inspect work for compliance with plans and specifications.

Process Contractor’s claim for payment Certify Acceptance of Contractor’s work Issue Certificate of Completion

B. MEETINGS AND REPORTS

The selected firm shall schedule meetings between the firm and the County prior to commencing the work, at the end of each phase of work and at the completion of work. The purpose of these meetings is to keep the principals fully informed of the scope and progress of the project. The selected firm should plan to physically be present for all meetings, and appropriate notice must be given to the County so a meeting room can be arranged, and staff invited with proper notice. During the course of the project the firm shall meet on an as-needed basis with the County to discuss issues that arise during the design process.

Presentations of the conceptual design and final design to County Staff, the County Board of Supervisors, and the public will be required of the selected firm.

The selected firm’s staff shall remain on call throughout the life of the contract to assist County Officials with questions related to the project upon request.

C. PROJECT SCHEDULE

Submittals should include a proposed schedule for the project based on the following perimeters:

Task Commence/Completion Date

Conceptual Design Commence with Notice to Proceed; Completed by May 31, Design Development Completed by December 31, 2024

Construction Documents January 2025

Bid Project Commence at Completion of Construction Documents Phase

Construction Commence at Completion of Bid Phase

SECTION III– PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

1. GENERAL INSTRUCTIONS:

A. RFP Response: In order to be considered for selection, Offerors must submit a complete response to this RFP.

One (1) original, so marked, and five (5) copies, and PDF version of each proposal must be submitted to the Contract Officer. No other distribution of the proposal shall be made by the Offeror. If any section of the Offerors proposal is marked proprietary and/or trade secrets and justification of such is given in writing the offer shall also supply one (1) redacted copy of their proposal removing all such privileged information.

B. RFP Questions: Address questions concerning this RFP to:

Ramona Wilson, County Administrator

Ph: (804) 725-7172 E-mail: rwilson@mathewscountyva.gov 50 Brickbat Rd Mathews Virginia 23109

Offerors shall submit any questions in writing. Written responses, including the questions, will be posted with the RFP. Questions will not be accepted within ten (10) working days of the Due Date and time of this

RFP.

C. Ownership of Proposals: Ownership of all data, materials, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Freedom of Information Act. Any proprietary or trade secrets material submitted must be identified as such, and must indicate the specific words, figures, or paragraphs specifically, and with a reason why such material is proprietary or a trade secret. The classification of an entire proposal document, individual pricing or total proposal prices is not acceptable and will result in rejection and return of the proposal.

D. Due Date: Sealed copies of the proposal must be received by the County Administrator no later than 2:00 PM on February 23, 2024, Proposals must be addressed to:

Ramona Wilson, County Administrator 50 Brickbat Rd Mathews, VA 23109

RFP-2024-01

2. PROPOSAL REQUIREMENTS:

A. Proposal Preparation:

a) Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in the County requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.

Proposals, which are substantially incomplete or lack key information, may be rejected by the County.

Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b) The purpose of the technical proposal is to demonstrate the qualifications, competence, and capacity of the Offerors seeking to undertake the project in conformity with the requirements of this request for proposals. The technical proposal should be prepared simply, providing a straightforward and concise description of the Offeror’s capabilities to satisfy the requirements of the RFP. As such, the substance of proposals will carry more weight than their form or manner of presentation. The submitted technical proposal shall form an integral part of any resulting contract, therefore Offerors should exercise extreme care in describing what services are included and excluded in the technical proposal.

c) The technical proposal shall demonstrate the qualifications of the Offeror and of the particular staff to be assigned to this engagement. It should also specify a design approach that will meet the requirements set out in this RFP. THERE SHALL BE NO FEES INCLUDED IN THE TECHNICAL PROPOSAL.

d) Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page.

The proposal should contain a table of contents, which cross-references the RFP requirements.

Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

B. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the County. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation.

The County will schedule the time and location of these presentations. Oral presentations are an option for the County and may or may not be conducted.

C. Incurred Expenses: The County will not be liable for any cost incurred by Offerors in preparing and submitting proposals. Offerors may not collect proposal preparation charges from the County of Mathews as a result of cancellation of this RFP.

D. Addenda: Return the RFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required. By submitting a proposal, Offerors certify that all information provided in response to this RFP is true and accurate.

E. Technical Proposal:

a) Offeror’s Profile, Qualifications and Experience The proposal should provide:

The name, address, phone, fax, and email address of a contact person from the submitting firm(s).

Letter of interest.

Brief overview of the history and structures of each firm involved with the project and organizational chart reflecting each firm’s relationship to the project, to the project manager, and the County.

A proposed scope of services and project schedule.

Identification and resumes of personnel to be directly involved in this project, including but not limited to the principal, project architect and engineer, construction administration, geotechnical and testing services, etc. The staffing plan should identify whom the project manager will be along with any team structure for multiple firms submitting and include an organizational chart.

Experience of the project team members with projects of similar scale, complexity, and budget, and specifically with additions to historic structures.

An affirmative statement shall be included that the Offeror and all assigned key personnel are properly licensed to practice in the Commonwealth of Virginia. Also, an affirmation that the Offeror meets any and all specific qualification requirements imposed by the Commonwealth of Virginia shall be included.

The architect’s designated project team’s record of meeting estimated budgets and schedules for projects of similar scope, budget and schedule.

The percentage of a full-time commitment each project team member will have to the project by design and construction phases.

References for the project principal, project architect and engineer, and other staff/firms involved from recent similar projects. Reference sources to include: key owner personnel, sub-consultants and the contractor’s project manager. Please include at least one reference for each person identified as part of the proposed team.

Provide the name, address, phone number, and e-mail address of five (5) references from clients where similar projects have been completed by the project team, their schedule and construction value.

Current firm(s) workload and projected workload over the anticipated project schedule. Identify other engagements, if any, to which the staff identified will or are assigned to during the period of time they would be providing services for Mathews County.

The proposals shall not exceed 30, 8 ½ x 11-inch double-sided pages in length, including photos or graphic material.

b) Project Work Plan

The proposal should set forth a work plan, including an explanation of the methodology to be followed, to perform the services required in Section II of this RFP. In developing the work plan the Offeror should clearly distinguish tasks that the Offeror shall undertake and those that are the responsibility of the County.

Offerors shall provide the following information in their approach:

Discussion regarding overall approach and processes in completing the project with proposed phasing.

A description of the firm’s design and project management philosophy.

Identification of and a description of the project team’s approach to design challenges of the assignment.

Description of any anticipated potential problems, the Offerors approach to resolving these problems, and any special assistance required from the County.

Approach to be taken in determining building code regulations that the project will be subject to.

Procedures followed in the technical and quality control review of the project design prior to their issuance.

Statement verifying the Offeror’s understanding of the specific requirements outlined in this RFP.

c) Non-Binding Cost Estimate – (NBCE)

As this is a professional services solicitation, the County IS requesting an NBCE as part of the Offeror’s submission in response to this RFP. It is the intent of the County to award a contract based on a fixed price basis.

A complete bound NBCE shall be provided in a separate sealed envelope marked “NON-BINDING COST ESTIMATE.” The NBCE shall include the fixed price itemized by phase and cover all work to be performed in providing the County with the services as outlined in this RFP. The NBCE shall also include the hourly rates for all job categories that can or will be used to accomplish work under a resulting contract, and costs for all reimbursable items such as travel, printing, reproduction work along with a % of markup of all reimbursable items provided by an outside source or subcontractor. The Offeror shall provide a fixed price NBCE based upon the above information.

d) Site Visits

The County reserves the right, at its sole discretion, to perform any on-site visitation to assess the capabilities of an offer and to contact references other than, and/or in addition to, those provided by the Offeror.

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

On the contrary, all responsible firms are encouraged to submit proposals. Mathews County reserves the right to award in part or in whole or to reject any or all proposals.

SECTION IV - EVALUATION AND AWARD CRITERIA

1. EVALUATION CRITERIA: Proposals shall be evaluated by the Mathews Selection Committee based on qualifications submitted in written form as well as interviews using the following criteria:

A. Qualifications and experience of the firm. Brief overview of the history and structures of each firm involved with the project and organizational chart reflecting each firm’s relationship to the project, to the project manager, and the County.

B. Demonstrated understanding and experience in the design of fire stations/public safety buildings and projects of similar scale.

C. Demonstrated understanding and experience with the design of additions to buildings, and local and state regulations and conditions under which the project is to be designed.

D. Experience and qualifications of the primary personnel who will be assigned to this project.

E. Management capabilities: Project approach, methodology, community involvement; and other procedures to be utilized during the project.

F. Demonstrated current and anticipated workload of firm.

G. Timetable of tasks to conclude project within the County’s required schedule, and delivery of the detailed preliminary design and project cost estimate prior to December 31, 2024.

H. Complete RFP submission.

I. References.

2. AWARD

A. The Evaluation Committee will independently read and rate each proposal. The County will engage in individual discussions with two or more Offerors deemed fully qualified, responsible, and suitable on the basis of initial responses. Repetitive interviews and/or discussions may be held in any such manner as the county desires at its sole discretion. Such Offerors are encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the requested services. At the discussion stage the county will request non-binding estimates, including but not limited to, NBCE described in Section III-2-F, total project cost estimates, life cycle costing, and nonbinding estimates for services. The Evaluation Committee may make any such reasonable investigations and it deems proper and necessary to determine the availability of any Offeror to perform the work.

B. At the conclusion of the discussion stage, on the basis of evaluation factors published in this RFP and all information collected and developed in the selection process to this point, the county may select, in the order of preference, two or more Offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the highest ranked Offeror.

C. If a contract satisfactory and advantageous to the County can be negotiated at a price considered fair and reasonable, at the sole opinion of the County, the award shall be made to that Offeror. Otherwise, negotiations with the highest ranked Offeror shall be formally terminated and negotiations conducted with the Offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price.

D. Mathews County may cancel this Request for Proposals or reject proposals at any time prior to an award and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous (Section 11-65D, Code of Virginia). Should the Commonwealth 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.

The award document will be a contract incorporating by reference all requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

3. RFP TIMELINE

Date Action

January 26, 2024, Release of RFP

February 23, 2024, RFP Deadline @ 2:00 p.m.

February 29, 2024, Proposals Short Listed

March 4, 2024, Short Listed Candidates contacted for interview

March 4-15, 2024, Conduct interviews with “short listed” candidates

March 21, 2024, The committee recommends selected candidates to the Board of Supervisors. Negotiate with selected firm and sign contract

April 1, 2024, Notice to Proceed

SECTION V –TERMS AND CONDITIONS

1. GENERAL: Proposals and contracts with Mathews County and its officials, departments, and employees are governed by the Virginia Public Procurement Act, Sections 2.2-4300 – 2.2-4343 et seq of the Code of Virginia, as amended, and the ordinances of Mathews County. In the event of an inconsistency or conflict between the Provisions of this solicitation, Contract or other incorporated document, or the County’s Ordinances and Policies and State Procurement Law, any inconsistencies or conflicts shall be resolved by giving precedence to the following documents in the following order:

a. The Virginia Public Procurement Act

b. Ordinances and Policies of Mathews County

c. Specifications of this Request

d. The Contract

e. Provisions of this Request

f. Instructions to Offerors

The following general information is provided to all Offerors to facilitate the preparation of suitable proposals for the goods, insurance or services identified in this Request, and the requirements set forth shall be binding upon all Offerors.

The County is not at liberty to change the terms of the bargain after the opening of proposals. Where questions and discussions prior to proposal opening disclose a need for additional information or amendments, appropriate addenda to the request will be prepared and distributed so that all Offerors will be proposing based upon the same information and specifications.

The County may extend the date and time for the opening for proposals if it believes it is necessary or in the best interests of the County. In a situation where the County is closed unexpectedly on a due date, the proposals will be opened at the same time and place on the next County business day. The County reserves the right to reject any and all proposals and waive any informality or technical defect if, in its sole judgment, the best interest of the County will be served as specified in Virginia code Section 2.2-4319.

2. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation or dispute arising out of the contract resulting from the RFP, its interpretations, or its performance shall be litigated only in the Mathews County General District Court or the Circuit Court of Mathews County, Virginia. The contractor shall comply with all applicable federal, state and local laws, codes, and regulations.

3. ANTI-DISCRIMINATION: By submitting their proposals, Offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 11-51 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 recipients religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 11-35.1E)

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

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

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

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

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

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

5. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their proposals, Offerors.

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

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

7. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the County of Mathews 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 County under said contract.

8. PROPOSAL FORMAT: Proposals shall be submitted in a sealed envelope which clearly identifies the project or solicitation, the name of the Offeror, the due date and time of the proposal, and a statement that the proposal is not to be opened until the due date and time. The Offeror assumes the risk that an envelope not properly marked will be mistakenly opened and thus rendered ineligible for consideration OR the proposal may not reach the Director of Finance and Administration prior to the due date and time. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal;

however, the County reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

9. LATE PROPOSALS AND MODIFICATION OF PROPOSALS: It is the sole responsibility of the

Offeror to see that his proposal is in this office by the specified time and date. Proposals received by the Director of Finance and Administration after the due date and time will not be accepted and will be returned to the Offeror, if possible, unopened. There will be no exceptions. Date of postmark will not be considered.

Telephone, facsimile, electronic and verbal bids will not be accepted.

10. CLARIFICATION OF TERMS: If any prospective Offeror has questions about the specifications or other solicitation documents, the prospective Offeror should contact the County Administrator whose name appears on the cover of the solicitation no later than five (5) days before the due date. Any revisions to the solicitation will be made only by written addendum issued by the Director of Finance and Administration.

11. AUTHORITY: The County Administrator has the sole responsibility and authority placing, cancelling, or modifying this solicitation and any contract resulting thereof. No other County official or employee may obligate Mathews County for indebtedness and any such purchase or contract made that is contrary to the provisions of this solicitation shall be of no affect and void and the County shall not be bound thereby.

12. PAYMENT:

1. Unless otherwise provided in the Contract, payment shall be made thirty (30) days after receipt of a proper invoice, or thirty (30) days after receipt of all goods or acceptance of work, whichever is the latter.

2. Invoices for services ordered and rendered shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall reference the contract number and/or purchase order number.

3. The date of payment shall be deemed the date of postmark in all cases where payment is made by mail.

4. To Subcontractors:

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

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

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

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

13. QUALIFICATIONS OF OFFERORS: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect the offer’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The County further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the County that such Offeror is properly qualified to conduct the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

14. AVAILIBILITY OF FUNDS: It is understood and agreed to by the parties herein that the County shall be bound hereunder only to the extent of the funds available for the purpose of this agreement.

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

16. 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 County may order changes in the work within the general scope of the work consisting of additions, deletions or other revisions. No claim may be made by the Offeror that the scope of the project or of the Offeror's services has been changed requiring adjustments to the amount of compensation due the Offeror unless such adjustments have been made by formal written Amendment to the Contract signed by the County and the Offeror. If the Offeror believes that any particular work is not within the scope of the project or is a material change or otherwise will call for more compensation to the Offeror, the Offeror must immediately notify the Project Officer in writing of this belief. The Offeror will not be compensated for performing that particular work unless a written amendment has been signed by the County and the Offeror. If the Project Officer determines that the work is within the scope of the Contract as written, the Offeror will be ordered to continue work.

17. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may 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 County may have.

18. INSURANCE: The Offeror shall, at its own expense, provide and maintain during the entire performance period of this contract at least the following kinds and minimum amounts of insurance, in addition to unemployment compensation and workers compensation insurance. By signing and submitting a bid or proposal under this solicitation, the bidder or Offeror certifies that if awarded the contract, it will have the following insurance coverages at the time the contract is awarded.

INSURANCE COVERAGES AND LIMITS REQUIRED:

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

2. Employers’ Liability for Participants not covered by Workers Compensation Insurance in an amount not less than $100,000.

3. Comprehensive Automobile Liability, including all Owned Automobiles, Non-Owned Automobiles and Hired Car Coverage:

a. Limits: $1,000,000 per incident / $3,000,000 Total Bodily Injury (including death)

b. $1,000,000 per incident / $3,000,000 Total Property Damage

4. Employer's Liability for Participants not covered by Workers Compensation Insurance in an amount not less than $100,000.

5. Professional Liability Insurance with limits of not less than $1,000,000 per claim and $3,000,000 in the aggregate. If Offeror’s professional liability coverage is on a “claims-made” basis. Offeror shall obtain extended reporting (tail) coverage (with the same liability limits) upon expiration of the Agreement for at least three years following the expiration or termination of the Agreement.

No change, cancellation, or non-renewal shall be made in any insurance coverage without thirty (30) day written notice to the Director of Finance and Administration. Failure of the contractor to deliver a new and valid certificate will result in the suspension of all payments required by the County until the new certificate is furnished to the County. Insurance coverage required by this RFP shall be in force throughout the contract term(s). Should the contractor fail to provide acceptable evidence of insurance coverage within five (5) days of written notice at any time during the contract term(s), the County shall have the absolute right to terminate the contract without further obligation to the contractor and the contractor shall be fully liable to the County for the entire cost of procuring the uncompleted portion of the contract at the time of termination. The County shall be named as additional insured on all policies except those pertaining to Worker’s Compensation and Professional Liability. No contract shall be binding upon the County until the certificate of insurance, or policies if so requested, called for herein have been filed with the County and all have been approved as to form and sufficiency by the County Attorney.

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

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, 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.

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

21. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership 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 a public body 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. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

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

(5) years after final payment. The County, its authorized agents, and/or state Offerors shall have full access to and the right to examine any of said materials during said period.

23. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this bid/proposal, no indication of such sales or services to the County will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature Mathews County or its products or services unless first agreed to by the County.

24. BEST AND FINAL OFFER (BAFO): At the conclusion of negotiations, the Offeror(s) may be asked to submit in writing, a best and final offer (BAFO). After the BAFO is submitted, no further negotiations shall be conducted with the Offeror(s).

25. CANCELLATION OF CONTRACT: The County 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. 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. Contractor shall credit the County for the applicable decrease in service. The contractor can invoice the County for the actual cost of services rendered up until the effective date of cancellation.

26. IDENTIFICATION OF PROPOSAL ENVELOPE: The signed proposal should be returned in a separate envelope or package, sealed and identified as follows:

Name of Offeror Due Date Time

Street or Box Number RFP No.

City, State, Zip Code RFP Title

Name of Contact/Charla W. Schubert, Director of Finance and Administration The envelope should be addressed as directed on Page 1 of the solicitation.

The Offeror takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the bid to be disqualified. Bids may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other bids should be placed in the envelope.

27. OWNERSHIP OF MATERIAL AND DOCUMENTS: Except for Offeror’s workpapers, which are and shall remain the property of Offeror, all information, documents, and electronic media furnished by the County to the Offeror belong to the County, are furnished solely for use in connection with the Offeror’s performance of services required by this Contract, and shall not be used by the Offeror on any other project or in connection with any other person or entity, unless disclosure or use thereof in connection with any matter other than services rendered to the County hereunder is specifically authorized in writing by the County in advance. All documents or electronic media prepared by or on behalf of the Offeror for the County are the sole property of the County, free of any retention rights of the Offeror. The Offeror hereby grants to the County an unconditional right to use, for any purpose whatsoever, documents or electronic media prepared by or on behalf of the Offeror pursuant to this Contract, free of any copyright claims, trade secrets, or other proprietary rights with respect to such documents.

28. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is responsible for the acts and omissions of his own employees.

29. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the

County. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the County the names, qualifications and experience of their proposed subcontractors.

The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

30. CONFIDENTIALITY (Contractor): The contractor assures that any information and data obtained as to personal facts and circumstances related to County staff or clients will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the County’s written consent. Contractors and their employees working on this project agree to these terms.

31. RENEWAL OF CONTRACT: This contract may be renewed by the County, at its sole discretion, for two

(2) successive one-year periods under the terms and conditions of the original contract except as stated in items (a) and (b) below. Price increases may be negotiated only at the time of renewal. Written notice of the

County’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract year.

a. If the County elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the Other Services category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

b. If during any subsequent renewal periods, the County elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the Other Services category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

32. AUTHORIZED PARTIES: Each proposal, and any contract, must be signed by a person authorized to bind the Offeror to a valid contract with the County. The county may require that any Offeror submit appropriate documentation showing the authority of the signatory to act on the contractor’s behalf.

33. CONTRACT REPRESENTATIVE: In the event a contract is executed as a result of this solicitation, the contractor shall designate in writing his contract representative who shall be responsible for ensuring the services required by the County are complied with and delivered in accordance with the terms and conditions of the contract.

34. EVALUATIONS OF PROPOSALS AND AWARD: Proposals shall be evaluated on the basis of those requirements which are set forth in the Request for Proposals, the County’s policies, procedures, and ordinances, and Virginia’s Public Procurement law. This solicitation is being procured through competitive negotiation. Price will not control in the awarding of this procurement.

Upon award or announcement of the decision to award a contract as a result of this solicitation, Finance will post the notice of Award or notice of the Intent to Award on the County’s webpage as well as in the state’s eVA system.

The County reserves the right to award all or part of the proposal to any Offeror whose proposal is the most responsive and responsible proposal whose proposal meets the requirements and criteria set forth in the RFP with respect to the items in question, and it is in the best interests of the County. The County may award a Contract by individual items, in the aggregate, or in combination thereof, or to reject any or all proposals and to waive any informality in proposals received whenever such rejection or waiver is in the best interest of the County. The Director of Finance and Administration also reserves the right to reject the proposal of any Offeror deemed to be non-responsible.

35. ACCEPTANCE OF PROPOSAL PRICES: Offeror warrants by virtue of proposing that prices, terms, and conditions quoted will be firm for a period of ninety (90) days from the date of proposal opening, unless otherwise stated by the Offeror. There is no binding agreement, no contractual relationship, no understanding or mutual assent until a contract is signed, executed and exchanged by and between the Offeror and the County of Mathews.

36. INDEMNIFICATION: To the fullest extent of the law, the contractor shall indemnify, defend, and hold harmless the County and its officers, agents, employees, community representatives or other working on behalf of the County from any and all claims, judgments, suits, losses, damages, payments, costs, fines or fees levied against the County and expenses of every nature and description, including attorney’s fees, arising out of, connected or associated with or resulting from the lack of performance or the negligent performance of work as described in this contract, contract documents, or any agreements that results from this RFP.

Further, if any recipient of a contract…