RFP 20261022 Professional Consulting Services-Brownfields Grant.pdf

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL CONSULTING SERVICES –

BROWNFIELDS GRANT

RFP# 20261022

Date of Issue:

October 22, 2026

Contact: Connie Gibson, Procurement Manager

434-432-7744

Connie.gibson@pittogov.org

This procurement shall be conducted in accordance with the competitive negotiation procedures of the Virginia Public Procurement Act – Section 2.2- 4302.2, and any EPA conditions.

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PROFESSIONAL SERVICES for Brownfield Grant

GENERAL INSTRUCTIONS TO OFFERORS

Issue Date: 10/20/2026 RFP#20261022

Title: Browsfields Professional A/E Services

DUE DATE: Sealed Proposals will be received until November 17, 2026 no later than 2:00PM. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

One original, and one electronic version (jump drive) of the proposals should be mailed or hand delivered to

ADDRESS

Pittsylvania County Purchasing Department

Att: Connie Gibson, 1 Center Street

Chatham, VA 24531.

Sealed Proposal All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed Proposal - RFP #20261022-Professional Services for Brownfields Grant: Proposals not so marked or sealed shall be returned to the offeror and will not be considered.

Proposal Submission Requirements:

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

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

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

ADDENDUMS: If an addendum has been issued, the vendor needs to ensure that they have responded to the latest version of the IFB/RFP. You can go to our website to see the RFP and all addendums, www.pittsylvaniacountyva.gov .

The following forms shall be returned with the proposal:

▪ Page 3 – “Offeror Information”

▪ Page 17- Pittsylvania County General Terms and Conditions

▪ Page 1: Statement Disclaimer and Contract Eligibility Certification –

▪ Page 4: Certification Regarding Debarment & Suspension

▪ Page 24: Certification regarding Lobbying

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, or any other basis prohibited by state law relating to discrimination in employment.

https://eva.virginia.gov/register-now.html http://www.pittsylvaniacountyva.gov/

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

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

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

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

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

**Offeror Information

In compliance with this Request for Proposals and to all the conditions imposed therein, the undersigned offers and agrees to furnish the services indicated in the Offeror’s proposal.

Name and Address of Firm:

_____________________________________________________ Date: ________________________________

_______________________________________________________By: _______________________________

(Signature in Ink)

__________________________Zip Code:___________ Name: _______________________________

(Please Print)

FEI/FIN NO.__________________________________

Fax Number: (___) ____________________________ Title: __________________________________

E-mail Address: _______________________________ Telephone Number: (___)_________________

This page shall be returned with the proposal.

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A. PURPOSE

The Board of Supervisors of Pittsylvania County, Virginia is requesting qualification statements and proposals from qualified firms to provide environmental and engineering services to support the County’s Brownfields program. In order to be considered for selection, the successful firm must have documented experience writing applications and providing the Brownfields-related consulting services associated with projects funded by EPA grants.

B. QUALIFICATIONS

Activities of the consultants shall include, but not necessarily be limited to the following:

* Grant Writing Services

* Property Identification and Inventory

* Site characterization and Assessment Activities

* Community Involvement Assistance

* Cleanup and Development Planning

* Cleanup and Remediation Activities

* Grant Administration

* Other Brownfield-Related Duties

Responses to this Request for proposal must address all components of the scope of work, but does not require one firm to supply all components of the scope of work. Responses can be submitted through a partnership between two or more entities or can be addressed through the use of sub-contractors/consultants/firms; detailed information must be submitted for any partnership entities or any subcontractors/consultants/firms in the same manner as required for the primary responder.

C. Scope of Service

Activities of the Consultants shall include, but not necessarily be limited to the following:

* Grant Writing Services: Identify and assist the County in writing grant applications for available EPA and Virginia Department of Environmental Quality (DEQ) grants. Collect data required for the grant application; take lead role in writing the applications; and manage all grant activities to ensure compliance with regulatory and grant requirements.

* Property Identification and Inventory: Identify, develop and refine a database of potential Brownfield projects. Develop criteria to prioritize the identified properties for evaluation n.

* Site Characterization and Assessment Activities: Conduct Phase I Environmental Site

Assessments (ESAs) and Phase II ESAs as well as preparation of cleanup plans. All documents shall be required to be prepared in accordance with the applicable state and industry standards.

* Community Involvement Assistance: Provide support for public involvement and community outreach activities. Activities should be designed to make sure that community concerns are considered and addressed in the assessment, planning and execution of the project.

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* Cleanup and Development Planning: Complete site-specific cleanup and redevelopment planning documents, including site remediation work plans, conceptual redevelopment site plans, etc. The Consultant may also be asked to conduct community visioning sessions/workshops to solicit input and generate redevelopment options.

* Cleanup and Remediation Activities: Complete cleanup and remediation of selected

Brownfield properties in accordance with all local, state and federal requirements. Activities may include the preparation of a Quality Assurance Project Plan (QAPP) and Health and Safety

Plan (HASP); securing all approvals and permits; completing confirmation sampling activities;

developing bid documentation; coordinating and overseeing site remediation activities; and/or completing the site remediation activities.

* Grant Administration: Shall include but not necessarily be limited to: providing comprehensive grant administration activities; acting as a liaison between the Pittsylvania

County and applicable regulatory agencies; coordinating kickoff and weekly/monthly meetings; and completing the final report for grant close-out.

* Other Brownfield-Related Duties: Conducting and completing other duties that may be required for a successful program but that have not been anticipated in this document.

I. PROPOSAL REQUIREMENTS

The proposal shall provide information necessary for Pittsylvania County to evaluate the qualifications, experience, and expertise of the proposing firm and sub-consultants to perform the services.

The Offeror or Proposer is to make a written proposal that presents an understanding of the work to be performed. The Offeror is asked to address each evaluation criteria contained in

Section V, Proposal Evaluation Criteria, and to be specific in presenting their qualifications.

Responses should be as thorough and detailed as possible so that the County may properly evaluate the firm’s capabilities to provide the required services.

The proposal will set forth full, accurate, and complete information as required by this section and other sections of this RFP. Any material misrepresentation in the proposal could result in rejection of the proposal, termination of any subsequent contract, or any other appropriate administrative and/or legal actions.

The Offeror should include in their proposal the following:

A. Table of Contents: Including numbering for all pages of the proposal.

B. Cover Letter: Provide in introduction to the firm and team on company letterhead, highlighting the special strengths of the firm to perform the work requested in this RFP.

The letter shall be signed by a person with the corporate authority to enter into any contract which results from the RFP.

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C. FOIA Exclusion Letter: Letter on company letterhead stating exclusions within the proposal. Identify the specificity of the data or other materials for which protection is sought and state the reasons why protection is necessary in accordance with the Code of

Virginia, Chapter 43, § 2.2-4342.

D. Proposal: The Proposal submitted by Offeror shall include, at a minimum, the following:

1. The Offeror shall address each requirement of the Scope of Services or the area(s) of expertise proposed to be provided. Include experience with EPA Grants.

2. The Offeror shall provide evidence that demonstrates their ability to provide the services within reasonable completion dates and within budget.

3. The Offeror shall provide its current workload with particular reference to personnel and other resources being proposed.

4. Proposed approach to provide the requested services.

5. The Offeror shall provide information on the corporate structure of its firm as well as any proposed sub-consultants required to perform the required work.

6. Include as appendices the following information:

a. A list of completed projects and a resume of personnel expected to be assigned to this project including the name(s) of the partner in charge;

b. Provide a minimum of three references where similar work was performed.

Cost for services shall not be included in the proposal. An estimated cost of services shall be requested when the evaluation committee short-lists the

Offerors’ proposals and interviews are determined. The “cost-plus-a-percentage-of cost” and “percentage of construction cost” methods of contracting are specifically prohibited. The compensation to the A/E for basic services must be either a fixed price or a cost reimbursement with an agreed maximum.

J. PROPOSAL EVALUATION AND AWARD OF CONTRACT

The selection of one or more firms will be made in accordance with the procedures outlined in section 2.2-4302.2 “Process for competitive negotiation”, of the Code of Virginia 1950 as amended. A selection committee of one or more individuals shall review the proposals submitted.

Evaluation Criteria: The selection committee will review and evaluate each proposal based on the following criteria.

• Specific experience, technical capabilities, professional competence, and qualifications of the proposing firm and project personnel, especially those assigned to provide the services outlined in the Scope of Service (30 points)

• Clearly demonstrated understanding of the work to be performed and completeness and reasonableness of the Offeror’s plan for accomplishing the work. (30 points)

• The proposing firm’s ability to dedicate the necessary personnel to complete the requested services in a timely manner (15 points)

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• Demonstrated experience working with Federal Grants, preferably recent EPA grant experience. (15 points)

• References (10 points)

The Selection Committee will evaluate the most responsive proposals as deemed by staff.

Each committee member will complete a proposal evaluation form for each submission received. A composite rating will be developed which indicates the group’s collective ranking of the written proposals in descending order. The County shall engage in individual discussions with two or more Offerors deemed the most fully qualified, responsible and suitable on the basis of the Selection Committee's evaluations. These Offerors may be requested to make an oral presentation to the Selection Committee to explain their proposal and answer questions.

K. AWARD

Pittsylvania County shall engage in individual discussions with two or more offerors deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage the public body may discuss non-binding estimates of total project costs, including, but not limited to, life-cycle costing, and, where appropriate, non-binding estimates of price for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, on the basis of evaluation factors published in the

Request for Proposals and all information developed in the selection process to this point, the purchasing agency shall 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 offeror ranked first. If a contract satisfactory and advantageous to the purchasing agency can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first 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. Should Pittsylvania County determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror.

L. SPECIAL TERMS AND CONDITIONS

a. Bid Acceptance Period: Any bid in response to this solicitation shall be valid for 120 days. At the end of the 120 days, the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

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b. Announcement of Award: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the County’s website, www.pittsylvaniacountyva.gov and on the County Public Notice

Bulletin Board located at 1 Center Street, Chatham, VA 24531.

c. Cancellation of Contract: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days’ written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days’ written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

d. Ownership/FOIA: Ownership of all data, materials and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of

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

e. State Corporation Commission Identification Number: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to B-30 Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC).

Any bidder or offeror that is not required to be authorized to transact business in the

Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC

Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and

50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

f. Contract Changes

Any changes to the CONTRACT must be approved through issuance of a written contract addendum or change order. The County will not assume responsibility for the cost of any changes made without issuance of a written contract addendum or change order.

g. Additional Services

The County may add to the Scope of Services or make changes in the Scope of Services any services of a similar nature to those specified in the Scope of Services of this Request for

Proposals as mutually agreed to at a price mutually agreed upon.

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h. Subcontracting and Assignment of Work

The Contractor shall not subcontract or assign the CONTRACT, in whole or in part, other than that specifically stated in the CONTRACT, without the express written consent of the County.

A description of any work the Contractor proposes to subcontract shall be submitted to the

County for review and approval along with the name and address of the individual, firm, or corporation that is the proposed subcontractor. This submittal shall also include a list of the key personnel that the subcontractor will assign to the project. All work performed by any subcontractor shall be coordinated by the Contractor and the Contractor will be responsible to the County for all work performed by any subcontractor or special consultant.

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PITTSYLVANIA COUNTY

GENERAL TERMS AND CONDITIONS

(not all will be applicable)

A. VENDORS MANUAL 10

B. APPLICABLE LAWS AND COURTS 10

C. ANTI-DISCRIMINATION 10

D. ETHICS IN PUBLIC CONTRACTING 11

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986 11

F. DEBARMENT STATUS 11

G. ANTITRUST 11

H. CLARIFICATION OF TERMS 11

I. PAYMENT 12

J. PRECEDENCE OF TERMS 12

K. QUALIFICATIONS OF BIDDERS OR OFFERORS 13

L. TESTING AND INSPECTION 13

M. ASSIGNMENT OF CONTRACT 13

N. CHANGES TO THE CONTRACT 13

O. DEFAULT 13

P. TAXES 13

Q. USE OF BRAND NAMES 14

R. TRANSPORTATION AND PACKAGING 14

S. INSURANCE 14

T. ANNOUNCEMENT OF AWARD 15

U DRUG-FREE WORKPLACE 15

V. NONDISCRIMINATION OF CONTRACTORS 16

W. AVAILABILITY OF FUNDS 16

X. SMALL, WOMEN-, MINIORTY and SERVICE DISABLED VETERAN-OWNED . 16

Z. TERMINATION 16

AA. Availability of Funds 17

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

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

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit court of Pittsylvania County. The county and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia

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

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

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

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

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

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

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

d. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the County may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

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

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

D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their

(bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their

(bid/proposal), and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the County, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in Pittsylvania County , knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

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

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

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

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

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I. PAYMENT:

1. To Prime Contractor:

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

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

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

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

Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the County shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the County except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the County.

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

J. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, Page - 13 - of 24

PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and

Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

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

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

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

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the 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, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Manager’s written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Department decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Department a credit for any savings. Said compensation shall be determined by one of the following methods:

Any additions or changes to the contact shall be mutually agreed upon between the parties in writing and approved by the Procurement Manager before the changes take affect.

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

P. TAXES: Sales to Pittsylvania County are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of

Federal excise and transportation taxes. The County’s excise tax exemption registration number is 54-6001508.

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

Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly

Page - 14 - of 24 and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the County to determine if the product offered meets the requirements of the solicitation.

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

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

S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the

Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

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

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the

Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

Profession/Service Limits

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

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

Asbestos-Design, Inspection or

Abatement Contractors

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

Health Care Practitioner (to include

Dentists, Licensed Dental

Hygienists, Optometrists, Registered or

Licensed

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

Therapist Assistants, Clinical

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

Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/sect ion8.01-581.15/ https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Page - 15 - of 24

Psychologists, Clinical Social Workers, Professional

Counselors, Hospitals, or Health Maintenance

Organizations.)

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

Landscape Architect $1,000,000 per occurrence, $1,000,000 aggregate

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

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

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

Profession/Service Limits

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

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

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

Health Care Practitioner (to include Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed

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

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

Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

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

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

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

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

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

T. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the County’s website

(www.pittsylvaniacountyva.gov) for a minimum of 10 days.

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

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

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

http://www.pittsylvaniacountyva.gov/

Page - 16 - of 24

V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

W. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the Board of Supervisors has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

X. Small, Women-, Minority and Service Disabled Veteran-Owned Business Participation.

The Purchasing Department will try to facilitate the participation of small, women-, minority-, and service disabled veteran-owned businesses in the procurement transactions of the County. The County grants no preferences or set-asides to such businesses. The Purchasing Department shall assist any such business in understanding bids or proposals.

A. Discrimination Prohibited.

In the solicitation of awarding of contracts, The County shall not discriminate against any bidder or offeror because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or other basis prohibited by state or federal law relating to discrimination in employment.

Pittsylvania County shall not discriminate against any faith-based organizations.

Z. TERMINATION: Termination/Cancellation of Contract:

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

Termination for Convenience

A. In the event that this contract is terminated or cancelled upon request and for the convenience of the County, without the required thirty (30) days advance written notice, then the County shall negotiate reasonable termination costs, if applicable.

B. Termination for Cause

Termination by the County for cause, default or negligence on the party of the appraiser or firm shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination of Cause.

AA. Bids Exceeding Available Funds

(a) If the bid of the lowest responsive and responsible bidder exceeds the available funds for such project, Page - 17 - of 24 then the Director of Procurement or his/her designee may negotiate with the apparent low bidder in order to obtain a contract price within the available funding limits. Such negotiation may include, but is not necessarily limited to the following:

1. Reduction of scope, goods, services, insurance, or construction procured;

2. Adjustment of the bid price;

3. Substitution of materials; and

4. Changes in the period for project completion.

(b) The conditions and procedures for such negotiations shall be as follows:

1. Director of Procurement or his/her designee and members of the end Using Department shall meet with the apparent low bidder and, in the case of a construction contract, with the architect and/or any engineering consultants as applicable, and such parties shall jointly prepare a list of contract scope modifications that do not impair the original proposed functions(s) of the project.

2. The apparent low bidder shall provide additional details on labor, materials, pricing and/or a

Schedule of Values at Stafford Schools’ request and prepare price reductions for review by the

Director of Procurement or his/her designee and members of the end Using Department and, in the case of construction, by the architect and/or any engineering consultants as applicable.

3. Director of Procurement or his/her designee and members of the end Using Department, in the case of construction, the architect and/or any engineering consultants as applicable, shall evaluate each price reduction and shall accept only those reductions that are considered to be in the best interest of Stafford Schools.

4. If the acceptable price reductions result in a reduced contract price that is within available funding limits, a contract shall be awarded, subject to approval by the School Board, if applicable.

The negotiation with the apparent low bidder shall be summarized in a Post Bid Modification and posted with the Notice of Intent to Award or Notice to Award for each contract.

5. If the acceptable price reductions do not reduce the cost of the proposal to an amount that is within available funding limits, the bid shall be rejected. The negotiation with the apparent low bidder shall be summarized in a Post Bid Modification document and filed with the Procurement file. A Cancellation Notice shall be posted.

(c) Notwithstanding the foregoing, the Director of Procurement has the right to cancel any solicitation, to reject any or all bids, even after negotiations with the low bidder and to waive any informality in bids.

Company Name:_______________________________________

Signature: ____________________________________________

Date: ________________________________________________

ATTACHMENT A

STATEMENT OF DISCLAIMER

RE: ______________________________ (BID OR RFP #)

Page - 18 - of 24

This is to certify that…