RFP 2027-01 Space and Staffing Study .pdf

RFP #2027-01 Space and Staffing Study 1

REQUEST FOR SEALED PROPOSALS

RFP #2027-01 Space and Staffing Study

DATE OF THIS REQUEST:

DESCRIPTION: The County of Powhatan, herein referred to as “County”, seeks proposals from qualified consultants to complete a Staffing and Space needs assessment for all county departments and the Powhatan

County Sheriff’s Office.

PROPOSAL DEADLINE: August 12, 2026 3:00 P.M. LOCAL PREVAILING TIME (LPT)

SUBMISSION:

Electronic:

Electronic responses will be accepted via Eva only at www.eva.virginia.gov. All electronic responses must be accompanied with at least four clearly marked original physical copy (mailed or walked-in) by the bid deadline. The original copy shall be clearly marked as detailed below.

Mailed or walked-in

Mailed or walked-in sealed proposals will also be accepted and must include four (4) copies of the proposal AND one (1) original (clearly marked “ORIGINAL”), and a digital copy on a USB drive that shall be submitted in a sealed container. The face of the container shall be clearly marked in the lower left corner as follows:

RFP#: 2027-01

RFP FOR: Space and Staffing Study

Sealed Proposal must be submitted to:

Sarah Dutton - Powhatan County Finance Office

3829 Old Buckingham Road, Suite B

Powhatan, VA 23139

There is no Pre-Proposal Meeting

For information relating to this RFP, contact:

Sarah Dutton, Grants and Procurement Coordinator sdutton@powhatanva.gov

RFP #2027-01 Space and Staffing Study 2

PROPOSAL COVER FORM

RFP #2027-01 Space and Staffing Study

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

Offeror further agrees that conditions herein have been carefully read and this proposal is submitted subject to all requirements stated herein. The undersigned hereby acknowledges and agrees, if this proposal is accepted, to furnish all services agreed upon in strict accordance with the contract.

Name and Address of Firm: ____________________________________

Date: ______________________________________________________

By: ______________________________________________________ (Signature in Ink)

Name: ______________________________________________________ (Please Print)

Title: ______________________________________________________ (Please Print)

FEI/FIN NO. _________________________________________________

State Corporation Commission (SCC) NO.__________________________

Phone: (_____) _______________________________________________

Fax: (_____) _______________________________________________

Email: ______________________________________________________

ACKOWLEDGE RECEIPT OF:

Addendum 1_________

Addendum 2_________ Addendum 3_________

SUBMIT WITH PROPOSAL

________Certification of Non-Collusion (page 11)

________ W-9 Form

RFP #2027-01 Space and Staffing Study 3

PURPOSE

The County seeks proposals from qualified consultants to complete a Staffing and Space needs assessment for all county departments and the Powhatan County Sheriff’s Office.

BACKGROUND

Powhatan County is experiencing continued growth, which increases the need for strategic, long‑term planning related to staffing, facilities, and the management of capital and infrastructure resources. In response, the County is seeking proposals from qualified consultants to conduct a comprehensive Staffing and Space Study that will evaluate current operations and identify future needs.

The County will provide available and relevant documentation and data to the successful offeror. This may include, but is not limited to, organizational charts, job descriptions, departmental staffing levels, service metrics, call volumes or case counts where applicable, historical budget information, available population or growth projections, building files, floor plans, facility inventories, department locations within buildings, and corresponding staffing levels by facility.

Departments Number of Positions

Assessor 4

Clerk of the Circuit Court 8

Commonwealth Attorney 4

Community Development 14

County Administration 7

County Attorney 1

Emergency Management 1

Finance 4

Fire & Rescue 58

Human Resources 2

Information Technology 7

Library 20

Parks & Recreation 10

Permit Center 3

Public Safety Communications 24

Public Works 29

Registrar 3

Sheriff 84

Social Services 29

Total 312

RFP #2027-01 Space and Staffing Study 4

SCOPE OF SERVICES

The selected Offeror shall conduct a comprehensive Staffing and Space Study that shall include but not be limited to, an internal workload assessment, external benchmarking analysis, staffing and operational gap analysis, and facilities and space needs assessment.

Internal Workload Assessment

The successful Offeror shall evaluate existing staffing structures and operational demands for all County departments to establish a clear understanding of current staffing capacity in relation to service demands. This review shall include, but not be limited to, an analysis of service delivery methods, workload distribution, functional responsibilities, and operational efficiencies. , and current processes used to perform departmental functions. The Offeror shall conduct interviews or workshops with department leadership and key staff as necessary to validate operational workflows, workload demands, and service delivery challenges.

External Benchmarking Analysis

The selected Offeror shall conduct and provide findings from an external benchmarking analysis to identify gaps in staffing capacity and areas for potential adjustment. This shall include, not be limited to, comparing the

County’s staffing levels, departmental organization, and service outputs with those of comparable jurisdictions, peer organizations, and recognized industry standards. This analysis shall identify variances between the County’s current staffing levels and those typically required to deliver comparable services and shall provide context for evaluating operational efficiency and service delivery expectations.

Staffing Gap Analysis and Recommendations

Based on the findings of the internal workload assessment and external benchmarking analysis, the selected

Offeror shall identify staffing gaps, operational inefficiencies, and opportunities for improvement.

Recommendations may include but not be limited to, staffing adjustments by department or service area, organizational realignment, process improvements, or other operational changes that support the Powhatan

County Strategic Plan.

For each major recommendation, the Offeror shall evaluate potential alternatives to adding new personnel, including technology solutions, use of consultants or contracted services, process improvements, or organizational restructuring. The analysis shall identify the advantages, limitations, and operational impacts of these alternatives.

The Offeror shall also evaluate the potential impact of recommended staffing increases on internal support services, including but not limited to Human Resources, Information Technology, Finance/Payroll, Procurement, and Facilities. Where appropriate, the study shall identify additional support resources or operational adjustments necessary to effectively support recommended staffing increases.

Service Level and Scenario Analysis

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The selected Offeror shall evaluate current service levels and operational performance measures relevant to each department. For example, public safety and other service-driven functions; this analysis may include measures such as response times, unit availability, coverage reliability, workload distribution, and other relevant operational indicators.

The selected Offeror shall develop and evaluate multiple staffing or operational scenarios to illustrate how changes in staffing levels, deployment strategies, or service delivery methods may affect service outcomes. These scenarios may include potential staffing increases, operational adjustments, or alternative service delivery models.

The analysis shall assist County leadership in understanding the potential operational impacts and tradeoffs associated with different staffing levels and service expectations.

Facilities and Space Needs Assessment

In conjunction with the staffing evaluation, the Offeror shall assess the County’s existing facilities and space allocations to determine the square footage, functional layout, and types of work environments required to support current and future operations. This assessment shall include a review of current space utilization, identification of inefficiencies or underutilized areas, and evaluation of the capacity of existing facilities to accommodate projected staffing needs. The assessment shall also include a high-level review of potential new construction sites to evaluate general suitability, site constraints, access, and opportunities related to future County facility needs.

The Offeror shall develop recommended space planning standards, including typical square footage allocations for offices, workstations, meeting spaces, and public service areas, to support consistent and efficient use of

County facilities. The study shall also evaluate projected space needs based on anticipated staffing levels and growth over a 10–20-year planning horizon and identify potential facility strategies such as renovation, expansion, consolidation of departments, or new construction necessary to support future operational needs. The Offeror shall provide supporting conceptual plans, preliminary layouts, or illustrative exhibits, as appropriate, to demonstrate the feasibility and intent of recommended strategies.

Planning Tools and Deliverables

The selected Offeror shall provide planning tools or models that enable the County to evaluate future staffing and space needs without requiring additional consulting services. These tools may include, but are not limited to, staffing scenario models, service level evaluation tools, or space planning calculators that can be updated by

County staff as organizational needs change. The final report shall include the methodology and assumptions used to develop staffing recommendations, including workload metrics, productivity assumptions, service level standards, and any benchmarking factors applied.

The county reserves the right to add additional services as needed.

DELIVERABLES

The selected offeror shall provide the County with Five (5) bound copies and one (1) digital copy of all final reports and studies listed in the Scope of Services. The County shall own all studies, reports and documents associated with this project. The selected offeror shall also be available to present their findings to the county at a minimum of three (3) meetings and shall attend at least one (1) public meeting.

RFP #2027-01 Space and Staffing Study 6

ENGAGMENT AT COLLABORATION

The selected Offeror shall conduct interviews or workshops with department leadership and key staff to validate operational workflows, workload demands, and service delivery challenges.

EXPERIENCE/STAFFING

Offeror shall include names, titles, qualifications, degrees, certifications, resumes and licenses of key employees, consultants, and sub-consultants proposed to be involved in the project. Show only experience directly related to their assigned duties under the proposed projects. Show continuing education for assigned staff. Include qualifications of any subcontractors or special consultants to be used for the work in the proposal.

REFERENCES

Four (4) References shall be provided for Staffing and Space Studies for similar sized organizations in the past five (5) years.

RATES

Offeror shall include hourly rates for all personnel assigned to projects including sub-consultants.

SCHEDULING

Time is of the essence, County wishes to have work completed in 120 days.

The County will provide available and relevant documentation and data to the successful offeror . This may include, but is not limited to, organizational charts, job descriptions, departmental staffing levels, service metrics, call volumes or case counts where applicable, historical budget information, available population or growth projections, building files, floor plans, facility inventories, department locations within buildings, and corresponding staffing levels by facility

OFFEROR MINIMUM QUALIFICATIONS

Offerors must demonstrate that they have the resources, experience and capability to provide the services as described herein. All offerors shall submit documentation with their proposals indicating compliance with the minimum qualifications. The following criteria shall be met and presented in the Experience/References tab of the written proposal in order to be eligible for this contract:

Offerors wishing to submit a proposal and be considered for this solicitation shall have proven experience and must be able to demonstrate the following:

1. Demonstrated and proven experience in providing services described in the Scope of Services section of the RFP.

2. Licensed to do business in Virginia.

County may make such reasonable investigations as deemed proper and necessary to determine the ability of Offeror to perform the Work and/or furnish the item(s) and Offeror shall furnish to County all such information and data for this purpose as may be requested. County reserves the right to inspect Offeror’s capabilities. County further reserves the right to reject any proposal if the evidence submitted by, or investigations of, Offeror fails to satisfy County that Offeror is properly licensed/qualified to carry out the obligations of the contract and to complete the Work and/or furnish the items contemplated therein.

RFP #2027-01 Space and Staffing Study 7

PROPOSAL FORMAT AND CONTENT

Proposals should be as concise as possible and include only necessary information, tables, illustrations, photographs, etc. needed to adequately convey the requested information. Proposal shall be limited to a maximum of a total 30 pages (front and back acceptable and excludes tabs) using no less than a 12 font size. All required documentation is included in total pages. Proposal content shall contain the following information in a 3-ringed, tabbed binder in the order provided below:

1. Title Sheet. Furnish the information requested on the REQUEST FOR PROPOSALS COVER PAGE

(pg. 2) of this solicitation and include it as the first page of your proposal. The name stated on the Title Sheet must be the full legal name of the Offeror and the address must be that of the office which will have the responsibility for the services provided. Acknowledge all addenda, if any.

Offerors shall specify in the introductory cover sheet the section(s) containing trade secrets or proprietary information. Redacted copies, clearly marked for proposals containing proprietary or confidential information shall be submitted with proposals as a separate copy.

2. Management Approach/Methodology

A. Statement by Offeror of its understanding of the work to be performed with descriptions of the approach and illustrations of the procedures to be employed as defined in the Scope of Work/Services.

B. Discussion of procedures to be employed and additional information to be required of County in connection with the work.

C. Typical assistance expected from County staff.

3. Experience/Reference. Provide references for Staffing and Space Studies for similar sized organizations in past five (5) years. If subcontractors or special consultants will be used, they should be identified and references provided. Provide demonstrated experience related to the work as described in the RFP.

4. Staffing. Provide the names, titles, qualifications, degrees, certifications, resumes and licenses (DPOR numbers are acceptable) of key employees, consultants, and sub-consultants proposed to be involved in the project. Show only experience directly related to their assigned duties under the proposed project.

Show continuing education for assigned staff. Include qualifications of any subcontractors or special consultants to be used for the work in the proposal.

5. Hourly Rates. Provide hourly rates for all personnel and sub-consultants to be assigned to project.

6. Other Information. Include other relevant information Offeror deems necessary to describe its qualifications to provide the services needed to successfully complete work described in the Scope of

Services or which Offeror deems are relevant to its selection.

Based on the information provided in this Request for Proposals, Offeror should identify all materials and services expected from the County in addition to general assistance.

REQUEST FOR PROPOSAL SCHEDULE

As a guideline, Powhatan County anticipates the following timetable:

RFP #2027-01 Space and Staffing Study 8

Date Activity/ Event

July 8, 2026 Issue Request for Proposal

July 22, 2026 Deadline for questions is 12:00 noon

August 12, 2026 Proposals due prior to 3:00 p.m.

August 19, 2026 Complete evaluation of proposal

August 21, 2026 Notice to offerors of intent to interview

September 1-3, 2026 Interviews with shortlisted Offerors are asked to keep these days free

September 9, 2026 Notice of intent to award

September 21, 2026 Contract Award

SELECTION PROCESS

The County will procure this service using competitive negotiations per the Virginia Public Procurement Act, as follows:

Selection and award. The county shall engage in individual discussions with two (2) or more offerors deemed fully qualified, responsible, and suitable on the basis of initial response and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. The 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. In addition, offerors shall be informed of any ranking criteria that will be used by the public body in addition to the review of the professional competence of the offeror. The request for proposal shall not, however, request that offerors furnish estimates of man-hours or cost for services. In addition, request for proposals for architectural and engineering services shall not request or require offerors to list any exception to proposed contractual terms and conditions, unless such terms and conditions are required by statute, regulation, ordinance, or applicable capital outlay standards, until after the qualified offerors are ranked. At the discussion stage, the county may discuss nonbinding estimates of total project costs, including, but not limited to, life-cycle costing, and where appropriate, nonbinding estimates of prices for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, outlined in this subdivision, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process to this point, the county shall select in the order of preference two (2) or more offerors whose professional qualifications and proposed services are deemed the most meritorious.

Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the county 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 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.

PROPOSAL EVALUATION CRITERIA/WEIGHTS

The proposal review committee will be using a numerical scoring system, and the following criteria to evaluate and rank the proposals submitted:

1. Strength of Overall Proposal/Approach. Proposal preparation and general understanding of the project’s scope of work and services. Completeness and quality of proposal. Degree to which the proposal specifically addresses the items in County’s Request for Proposals including understanding of County’s

RFP #2027-01 Space and Staffing Study 9 objectives, challenges and goals and how Offeror plans to approach and manage the project. Approach to project. 25

3. Experience/ Reference. Experience performing Staffing and Space Studies for similar sized organizations in past five (5) years. Include references for work completed withing the past five (5) years for services in Scope of Services. Include subcontractor/consultants experience and references. 25

4. Staffing. Include all key personnel qualifications, experience and licensing of the personnel undertaking the project. Include a list of projects recently completed. The professionalism, ability, experience, and continuity of the proposed staff/consultants to be assigned to the project including the capability of the required staff and consultants to perform the services. 25

5. Hourly Rates. Include hourly rates for all personnel and sub-contractors for Scope of Services. 20

6. Other. Any other relevant information offered or discovered during the evaluation process. 5

INSTRUCTIONS TO OFFERORS

1. See SUBMISSION paragraph on cover sheet for instructions on number of copies, requirement for sealed container, and appropriate marking on container.

2. All proposals must remain valid for 90 days from opening date.

3. Proposals will be time-stamped upon receipt and kept unopened in a secure location until opening.

4. No consideration will be given to date of postmark.

5. Except as otherwise provided, and in accordance with Va. Code § 2.2-4342, all proceedings, records, contracts and other public records relating to the County’s procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq). Proposals shall not be available for inspection by offerors until interviews, if scheduled, are completed. After award all proposals become a matter of public record and are available for inspection by the general public. Trade secrets or proprietary information submitted by an Offeror in connection with this procurement transaction shall not be subject to the Virginia Freedom of Information Act, but only if Offeror (i) invokes the protections of Virginia Code § 2.2-4342 prior to or upon submission of the data or other materials; (ii) identifies the specific data or other materials to be protected, and (iii) states 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.

Redacted copies, clearly marked for proposals containing proprietary or confidential information shall be submitted with proposals.

6. County will assume no responsibility for oral instruction or interpretation. Any question regarding the procurement solicitation shall be in writing (electronic transmission is preferred.) and directed only to Sarah Dutton, Grants and Procurement Coordinator at sdutton@powhatanva.gov. Questions must be received by 12:00 noon on July 22, 2026. Questions submitted beyond the time specified above may be left unanswered if sufficient time does not allow a response to all prospective Offerors without causing an unacceptable delay in the process. Any material change will be submitted to all Offerors through issuance of an addendum. Addenda will be posted on the County website at www.powhatanva.us and eVA at www.eva.virginia.gov. Any contact with any County representative concerning this RFP is prohibited, except as outlined above. Such unauthorized contact may disqualify your firm from this procurement.

7. Each Offeror shall be prepared, if so requested by County, to present evidence of its experience, qualifications, and financial ability to carry out the terms of the Contract.

8. Proposals shall be signed by an authorized representative of Offeror. All information requested should be submitted. Failure to submit all information requested may result in County requiring prompt submission

RFP #2027-01 Space and Staffing Study 10 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 County. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

9. County reserves the right to reject any and all proposals and waive all informalities. In the event County rejects all proposals, County may readvertise or make the purchase on the open market.

10. Each Offeror shall submit a completed W-9 form with its offer. In the event of contract award, this information is required in order to issue purchase orders and payments to the firm. A copy of this form can be downloaded from www.irs.gov/pub/irs-pdf/fw9.pdf.

11. Any Offeror organized or authorized to transact business in Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia MUST include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any Offeror not required to be authorized to transact business in Virginia as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law MUST include in its bid or proposal a statement describing why the offeror is not required to be so authorized. No Offeror failing to provide the required information shall receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement Virginia Code § 2.2-4311.2 is granted by the County Administrator. County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of Virginia Code

§ 2.2-4311.2.

12. The Successful Offeror will be required to execute the accompanying contract. Exceptions to proposed contractual terms and conditions, other than such terms and conditions required by statute, regulation, ordinance, or standards developed pursuant to Virginia Code § 2.2-1132, shall be submitted in writing with proposal.

13. As used in this RFP, the terms “must,” “shall,” “should,” and “may” identify the criticality of requirements. “Must” and “shall” identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as “should” or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. The inability of Offeror to satisfy a “must” or “shall” requirement does not automatically remove Offeror from consideration; however, it may seriously affect the overall rating of Offeror’s proposal.

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CERTIFICATION OF NO COLLUSION

The undersigned, acting on behalf of______________________________________________, does hereby certify, in connection with the procurement to which this Certification of No Collusion is incorporated and attached, that:

He/she has the authority to bind the forenamed OFFEROR , and that this offer is neither the result of, or affected by, any act of collusion with another person engaged in the same line of business or commerce; nor the result of, or affected by, any act of fraud punishable under Virginia Code § 18.2-498.1 et seq.

By: ______________________________

Print Name

Title

Name of Company

Date

ACKNOWLEDGEMENT

The foregoing Certification of No Collusion was acknowledged before me this _____ day of , 20__, by _____________________________.

_____________________________ Notary Public

My commission expires: ___________________

Notary Registration Number: ___________________

RFP #2027-01 Space and Staffing Study 12

1. Licenses and Permits. The Contractor must obtain all required licenses and permits prior to commencing work and/or services for the County. This may include, but is not limited to, obtaining a Powhatan County Business License from the Commissioner of the Revenue’s Office (804 -598-5617) and a Building Permit from the Department of Building Inspections (804-598-5622).

2. Laws, Regulations, and Courts.

A. This procurement is governed by the Virginia Public Procurement Act and the Powhatan County Purchasing Policies and Procedures.

B. The Contractor shall comply with all federal, state and local laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work and shall give all notices required thereby.

C. All solicitations or contracts issued by Powhatan County shall be governed by the laws of the Commonwealth of Virginia. Jurisdiction and venue for any litigation arising out of or involving this agreement shall lie in the Circuit Court of the County of Powhatan, Virginia, and such litigation shall be brought only in such courts. The County and the Contractor are encouraged to resolve any issues in controversy arising from contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366).

3. Taxes. Pursuant to Virginia Code Section 58.1-609.1(4), the County is exempt from the payment of Virginia state sales and use taxes. Vendors should not include such taxes in invoices presented to the County for payment. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.

4. Anti-Discrimination Statement by County. The County certifies that it shall not discriminate against any bidder, offeror or contractor because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, 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 County has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If Contractor is 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, religio us belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

5. Anti-Discrimination Statement by Contractor.

A. During the performance of the contract, the Contractor agrees to the following provisions.

1. The Contractor will not discriminate against any employee or applicant for employment 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, 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.

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

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

B. The Contractor also agrees to include the provisions in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or Contractor.

GENERAL TERMS AND CONDITIONS

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6. Immigration Reform and Control Act of 1986. Contractor certifies that it does not and will not during the performance of the contract knowingly employee unauthorized alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

7. 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 o rder of over $10,000, so that the provisions will be binding upon each subcontractor or Contractor.

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.

8. Authorization to Transact Business in the Commonwealth. In order to contract with Powhatan County, contractors 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 Code of Virginia, Title 13.1 or Title 50 or as otherwise required by law. Pursuant to competitive sealed bidding or competitive negotiation, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 shall include in its bid or proposal the identification number issued to it by the State Corporation Commission. 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 shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Any bidder or offeror that fails to provide the required information shall not be awarded a contract unless a waiver of this requirement is granted by the County Administrator. Any business entity as described above that enters into a contract w ith 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 to be revoked or cancelled at anytime during the contract.

Powhatan County may void any contract with a business entity if that entity fails to remain in compliance with the provisions of this section.

9. Indemnification. Contractor agrees to indemnify, defend and hold harmless the County of Powhatan, Virginia and their officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor or any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the County or to failure of the County to use the materials, goods, infrastructure or equipment in the manner already and permanently described by the Contractor on the materials, goods, infrastructure or equipment delivered.

10. Insurance. Contractor certifies that it will have the following insurance coverage at the time the contract is awarded. 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. Contractor further certifies that the Contractor and any subcontractors will maintain this insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Subcontractors, if any, will maintain similar insurance coverage during the entire term of the contract.

Minimum Insurance Coverage and Limits Required:

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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 County 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 “County of Powhatan, Virginia, its Officers, agents, and employees” shall be added as additional insured on a primary basis and so endorsed on the policy.

Such additional insured status shall be primary without participation by County’s insurers.

4. Automobile Liability - $1,000,000 combined single limit.

11. Debarment Status. The Contractor certifies that it is not currently debarred from submitting proposals or bids on contracts by any department, agency or political subdivision of (i) the Commonwealth of Virginia, (ii) any other state, or (iii) the federal government, nor is it an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by the same.

12. Payment.

A. Contractor shall provide the County with a complete and accurate IRS Form W-9.

B. Invoices for products/services ordered, delivered, and accepted shall be submitted by the Contractor to their point of contact with the County.

C. Unless otherwise specified, any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after correct invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

D. Unless otherwise provided under the terms of the contract, interest shall accrue at the rate of one percent (1%) per month.

E. Date of payment is deemed to be (1) the date of postmark in all cases where payment is made by mail, or (2) the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

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

G. The Contractor is obligated to: (1) pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the County for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) notify the County and the subcontractor(s) within seven days, in writing of the Contractor’s intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.

H. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month on all amounts owed by the Contractor that remain unpaid after seven days following receipt by the contractor of payments from the County, except for amounts withheld as states in Section g above.

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

A contract modification shall not be made for the purpose of providing reimbursement for the interest charge.

A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

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13. Availability of Funds. It is understood and agreed between the parties that the County shall be bound hereunder only to the extent of the funds available, or which may hereafter become available. The contract will be contingent upon annual appropriations by the Board of Supervisors of Powhatan County. Failure of the Board of Supervisors to appropriate adequate funds for the terms of the contract shall result in the immediate cancellation of the contract.

There shall be no penalty should the Board fail to make annual appropriations for the contract.

14. Assignment of Contract. A contact shall not be assignable by the Contractor in whole or in part without the written consent of the County.

15. Default. It shall be the Contractor’s responsibility to make sure that all work is adequately completed as required.

In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after five (5) days have passed from the date of delivery of 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.

16. Changes to the Contract. All contract modifications must be approved by the Powhatan County Administrator or his designee. The County will not assume responsibility for the cost of any changes made without proper consent.

No fixed-price contract may be increased by more than twenty-five percent (25%) or $50,000, whichever is greater, without advance approval of the Powhatan County Board of Supervisors.

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

A. 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.

B. The County may order changes within the general scope of the contract at any time by written notice to the

Contractor. Changes within the scope of the contract include, but are not limited to, things such as 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 County of the adjustment to be sought, and before proceeding to comply with the notice, shall await the County’s written decision affirming, modifying, or revoking the pr ior written notice. If the County 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 County a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

3. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the County with all vouchers and records of expenses incurred and savings realized. The County shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the County within thirty (30) days from the date of receipt of the written order from the County. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by the County or with the performance of the contract generally.

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17. Termination of Contract.

A. Termination for Cause.

1. If the Contractor should be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, the County may terminate the contract. If Contractor violates any provision of the Virginia Governmental Fraud Act, the County may terminate the contract. If the Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or suppliers of material or labor, or persistently disregards laws, ordinances, or the written instructions of the County, or otherwise be guilty of a substantial violation of any provision of the contract, then the County may terminate the contract. The County retains the sole discretion to determine any violation of this section.

2. Prior to termination of the contract, the County shall give the Contractor and his surety ten (10) calendar days written notice, during which the Contractor and/or his surety may rectify the cause of the termination.

If rectified to the satisfaction of the County within said ten (10) days, the County may rescind its notice of termination. If it does not, the termination for cause shall become effective at the end of the ten -day (10) notice period. In the alternative, the County may postpone the effective date of the termination notice, at its sole discretion, if it should receive reassurances from the Contractor and/or its surety that the causes of termination will be remedied in a time and manner which the County finds acceptable. If at any time more than ten (10) days after the notice of termination, the County determines that Contractor and/or its surety has not or is not likely to rectify the causes of termination in an acceptable manner or within the time allowed, then the County may immediately terminate the contract for cause by giving written notice to the Contractor and its surety. This decision shall be final and not subject to an appeal to any court of law or equity. In no event shall termination for cause terminate the obligations of the Contractor’s surety on its payment and performance bonds.

3. Notice of terminations, whether initial or given after a period of postponement, may be served upon the Contractor and the surety by mail or any other means at their last known places of business in Virginia or elsewhere, by delivery to any officer or management/supervisory employee of either wherever they may be found, or, if no such officer, employee or place of business is known or can be found by reasonable inquiry within three (3) days, by posting the notice at the job site. Failure to accept or pick up registered or certified mail addressed to the last known address shall be deemed to be delivery.

4. Upon termination of the contract, the County shall take possession of its property and of all materials, tools, and appliances thereon and finish the work by whatever method the County may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment.