RFP #22-25- 2025 General Reassessment -Large Industrial Properties (Resolicit).pdf

REQUEST FOR PROPOSALS

CITY OF HOPEWELL

2025 GENERAL REASSESSMENT

LARGE INDUSTRIAL PROPERTIES

(RESOLICIT)

REAL ESTATE DEPARTMENT

HOPEWELL, VIRGINIA

INVITATION: #22-25 DATE: November 7, 2024

Sealed Proposals, subject to the general conditions and specifications hereby attached, will be received at the Office of the City Clerk, Second Floor, Municipal Building, 300 North Main Street, Hopewell, Virginia 23860 until, but not later than 11:00 a.m. THURSDAY, November 21, 2024.

INSTRUCTIONS FOR SEALED BID SUBMISSION

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

2. In-person submission: Enter the Municipal Building door at the rear of the building marked Planning & Development and request the receptionist to contact the City Clerk for bid submission. City of Hopewell hours of operation Monday-Friday, 8:30am- 4:30pm, excluding Holidays.

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

Office of the City Clerk Second Floor

Municipal Building 300 North Main Street

Hopewell, Virginia 23860 Closing Date of Proposal: November 21, 2024

CITY OF HOPEWELL

2025 GENERAL REASSESSMENT-LARGE INDUSTRIAL PROPERTIES

RFP #22-25

Any proposal received after 11:00 a.m. on the aforementioned date of opening, whether by mail or otherwise, will not be considered and will be returned unopened.

2025 GENERAL REASSESSMENT-LARGE INDUSTRIAL PROPERTIES (RESOLICIT)

Nothing herein is intended to exclude any responsible firm or in any way restrict competition. The selection process will be competitive negotiation as outlined in Chapter 2A of the Code of the City of Hopewell, Virginia, and Section 2.2-4302.2 (Virginia Public Procurement Act) of the Code of Virginia.

All Proposals submitted must be signed by an individual authorized to bind the Offeror. Proposals submitted without such signature will be deemed non-responsive, and will not be considered. The City of Hopewell reserves the right to cancel the RFQ/RFP, to award in part or in whole, to waive all informalities, to reject any or all items of any proposal, or reject any and all proposals deemed to be in the City’s best interest. The City may modify any requirements in the RFQ/RFP prior to the deadline by written notice to any Offeror requesting a copy of the RFQ/RFP. The City may modify the project’s scope of services and required tasks during negotiation process with the successful Offeror. The City shall neither be obligated nor prohibited from awarding or amending any contract with the successful Offeror for services less than or greater than the scope of services contemplated in this proposal.

The right is reserved to extend any resulting contract, for terms to be mutually negotiated and agreed upon.

If you desire not to quote on this invitation, please forward your acknowledgement of NO

PROPOSAL. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL BE CAUSE FOR

REMOVAL OF YOUR COMPANY'S NAME FROM THE QUALIFIED OFFEROR LIST.

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

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

The City reserves the right to be sole judge and to make the award in accordance with its own judgment as to what will best meet its requirements and be in the best interest of the City.

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

Proposal and contracting procedures shall conform to all applicable regulations and provisions of the City of Hopewell Procurement Ordinance effective July 17, 2017, as amended; a copy of which is available on the City’s website (www.hopewellva.gov) under the tab GOVERNMENT, section LAWS/ORDINANCES. Click the link at the bottom of the page and click Chapter 2A- Procurement to view the Procurement Ordinance.

Felicia Ashburn Procurement Officer

Please return the Proposals to the Office of the City Clerk, Second Floor, Municipal Building, 300 N. Main Street, Hopewell, Virginia 23860. Regardless of delivery method of Proposal, the outside of each envelope must clearly indicate the following: (if Proposal is delivered by Federal Express, UPS, USPS Priority, etc. or any other means, the outside of each envelope must also clearly indicate):

Office of the City Clerk Second Floor

Municipal Building 300 North Main Street

Hopewell, Virginia 23860 Closing Date of Proposal: November 21, 2024

CITY OF HOPEWELL

2025 GENERAL REASSESSMENT- LARGE INDUSTRIAL PROPERTIES

RFP #22-25

Note of Clarification:

All References to BID contained within this Invitation should be referred to as PROPOSAL.

NAME OF ORGANIZATION TELEPHONE NUMBER

STREET ADDRESS FAX NUMBER

CITY, STATE, ZIP CODE EMAIL ADDRESS

NAME (TYPE OR PRINT) OFFICIAL TITLE

SIGNATURE DATE

STATE CORPORATION COMMISSION ID# IRS I.D. #

VIRGINIA STATE CORPORATION COMMISSION FORM:

The Offeror shall submit the State Corporation Commission Form (located on page 5) with their proposal. If this SCC form is not included, the proposal will be rejected.

State Corporation Commission Form

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

The undersigned Offeror:

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

-OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out- of-state location) -OR-is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the City reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: Date: _____________________

Name:

Print

Title: _________________________________

Name of Firm:

Scope of work

City of Hopewell 2025 Reassessment of Large Industrial Properties

The purpose of these specifications is to perform a general reassessment in the City of Hopewell to appraise all properties listed below at their fair market value in money as of January 1, 2025 as stated in the Code of Virginia. The scope of work will only include the parcels of the six (6) largest industrial plants in the City of Hopewell, listed below. The scope of work does not include regular maintenance work generated by permits that will be the responsibility of the Assessor’s Office.

It is the intent of the City of Hopewell to hire a qualified MAI Appraiser, in good standing with the Institute of Government, for this assignment.

Link to view properties:

https://qpublic.schneidercorp.com/Application.aspx?App=CityofHopewellVA&PageType=Search Parcels in the scope of work:

Parcel # Owner's Name 0480011 Advansix Resins & chemicals LLC 0480015 Advansix Resins & chemicals LLC

0480017 Advansix Resins & chemicals LLC 0480021 Advansix Resins & chemicals LLC 0480022 Advansix Resins & chemicals LLC 0480023 Advansix Resins & chemicals LLC 0480024 Advansix Resins & chemicals LLC 0480025 Advansix Resins & chemicals LLC 0480027 Advansix Resins & chemicals LLC 0480028 Advansix Resins & chemicals LLC 0480029 Advansix Resins & chemicals LLC 2730010 Advansix Resins & chemicals LLC 0480095 Continental Hopewell Inc / Westrock 0480204 Aqualon Co 0480206 Aqualon Co 0480231 Evonik Corp 0480232 Evonik Corp 0480246 Evonik Corp 2730015 Evonik Corp 0480172 Green Plains Ethanol Storage, LLC 0480175 Green Plains Hopewell, LLC 0480179 Green Plains Hopewell, LLC 048180 Green Plains Hopewell, LLC https://qpublic.schneidercorp.com/Application.aspx?App=CityofHopewellVA&PageType=Search

General Reassessment Phase: The contractor will be required to collect accurate information regarding property characteristics of each building assessed as real estate. Personal Property and Machine & Tools are not part of the scope of this assignment. The information collected will be delivered to the Assessor’s Office to be keyed in the City CAMA system to generate new assessed values using the Cost approach.

The Contractor will consider all three (3) approaches to value when completing the appraisal.

The general reassessment shall be conducted in a manner consistent with all applicable laws, regulations, rules, standards and case law. Assessments shall be complete, uniform and at 100% fair market value. All properties stated in the scope of work shall be visited and all elements of value appraised. In all cases, uniformity and equality are required under the laws of the Commonwealth of Virginia with respect to each class of property. All aspects of this general reassessment shall be conducted in accordance with the laws of the Commonwealth of Virginia.

All procedures shall be in accordance with all applicable Statutes of Virginia being Title 58.1 Chapter 32 of the Code of Virginia, relating to the assessment of property and comply with USPAP requirements. The selected MAI Appraiser will not be required to report a predetermined value, or direct a value that may favor the City or any related parties.

The scope of work for this project is limited to only part of the parcels in the City of Hopewell. These properties are special use properties and need to be valued by an MAI Appraiser. The remaining properties in the City will be valued by an Assessor or a different Contractor under a different RFP. For equity purpose, it is important that the MAI Appraiser selected for this project work closely with the assessor and or contractor selected to value the remaining parcels in the City of Hopewell.

Appeal Phase: The MAI Appraiser will provide an appraisal report if needed for the appeal process.

Expert Witness and other services: The MAI Appraiser will provide expert testimony if needed.

I. Definitions

1. General Reassessment - A general reassessment refers to a periodic reevaluation of a property's value for tax purposes.

2. MAI – A Designated member of the Appraisal Institute.

3. CAMA - A computer-assisted mass appraisal (CAMA) system is an automated system for maintaining property data, valuing property, notifying owners, and ensuring tax equity through uniform valuations.

4. GIS – Geographical Information System.

5. Connect Explorer - is the name of a patented aerial image capture process that produces imagery showing the fronts and sides of buildings and locations on the ground.

6. Property Record Card (PRC) - A document specially designated to record and process specified real property data.

7. Reassessment Notice - A written notice of the assessed value of real property delivered to the taxpayer by the taxing jurisdiction.

8. DPOR - Virginia Department of Professional and Occupational Regulation.

9. IAAO – International Association of Assessing Officers.

10. Contractor – Shall be an MAI designated appraiser.

11. Marshal & Swift (M&S) Black Box – Black box is a term used to describe the commercial M&S pricing engine.

12. ProVal CAMA cost tables - established rates for valuing all types of residential improvements such as dwellings, garages, etc.

II. Office Administration

Property Record Cards

The commercial/industrial PRCs will be printed (on blue 24 pound paper) by the City for the Contractor.

Postage

The City will be responsible for mailing reassessment notices; and hearing result notices.

Space Requirements & Office Arrangements

If needed, the City will provide office and meeting space for the Contractor with the space and location to be determined by the City. The City will furnish all necessary utilities such as power, water, heat and air conditioning; reasonable office furniture; and provide networking capabilities through the City’s network.

Use of City CAMA property information files

The City will provide the Contractor with Property Record Cards, maps and Excel spreadsheets of the current property information.

The contractor will not have access to the live ProVal CAMA data. The City website is available to the contractor.

The GIS Application

The GIS data and other data, records, or information provided by the City for this project will not be sold or redistributed by the Contractor without written permission from the City of Hopewell.

Connect Explore Application

The contractor will have access to the City Connect Explorer application.

Contractor Personnel

The selected Contractor and the Contractor’s employees will not be functioning as employees or agents for the client or any other related parties.

Training and Instruction

Contractor shall train any field personnel, appraisers and clerical personnel employed by the Contractor to measure and list all properties.

Project Manager

The Contractor shall have an MAI Certification. The Contractor shall have a Project Manager that will be available to answer questions during the project duration.

Clerical Personnel

Data entry of information into the ProVal CAMA system will be done by the Assessor’s Office.

Public Relations

The Contractor and the Contractor’s employees shall endeavor to promote friendly relations with taxpayers and the general public.

All press releases, or other publicity, proposed by the Contractor must be presented, approved and released by the City. Unless release is otherwise required by law, the Contractor shall not release any proposed values, reassessments, data, or any other information either acquired or in the possession of the Contractor to any person, firm or association unless approved, in writing by the City.

III. Site Visits

A physical visit of each property listed in the scope of work is required.

The Assessor’s Office will coordinate site visits with the industrial companies’ plant managers whose properties are within the scope of this project. The Assessor or their designee will be part of the City personnel visiting the plant with the Contractor.

The Contractor shall use the Property Record Cards printed by the Assessor’s Office for data gathering.

The Contractor shall verify onsite the sketch of all buildings and all other building improvements and record said data on the Property Record Card or another form that would allow for easy data entry in the CAMA system used by the City. The Contractor will complete exterior and reasonable interior inspection if possible of properties in the scope of work to determine the use and construction type along with verification of other characteristics. The date of the site visits should be marked on the PRCs.

The Contractor will collect measurements of each individual building and identify them by name, building numbers or addresses.

The Contractor will review and collect measurements for structures for the 2025 reassessment but the Assessor’s staff will be responsible for new permits during the 204 tax year that may result in supplemental bills.

The City Appraisers will perform due diligence in working permits not to double list improvements on PRCs.

Photographs of the improvements

If allowed by the owners of the properties in the scope of work, the Contractor shall photograph the front of each structure at a slight angle from the corner of the building and the Contractor shall strive to maximize the visual presentation of the improvement.

If approved by the property owner, the photographs will be available on the City Website – car tags need to be blurred and people should not be photographed.

IV. Real Property Assessments

Construction Costs

It is important to understand that the City of Hopewell is going to reassess all of the properties located within the jurisdiction as of the effective date of 01-01-2025. The scope of work of this RFP is to reassess specialized unique types of properties that are a portion of the total parcels in the City. It is imperative that the Contractor coordinate with the Assessor to make sure that the same M&S cost tables are used for both reassessment projects.

New cost tables will be loaded and tested in Proval CAMA for residential and commercial properties by the Assessor after the 2024 new construction permits have been processed for proration and new construction supplemental notices have been mailed to taxpayers. The Assessor estimates that the new ProVal CAMA cost table for residential and the commercial Black Box Marshal & Swift rates will be loaded and tested in the early part of November 2024.

The contractor will use the new cost tables as basis for determining initial construction cost for the 2025 reassessment.

Improvements

The Contractor shall conduct cost, market and income research and analyses in the development of the schedules and tables of values. All schedules and tables shall reflect market value.

The Contractor shall capture general property data and improvement data and record data on the PRC or a form the Assessor’s Office can use to enter data in the Proval CAMA system used by the City.

Exempt Property

It is specifically understood that property wholly or partially excluded from taxation will be appraised and valued by the Contractor. This will be done in the same manner in which property that is nonexempt is appraised, including correct parcel identification number and special (class code) coding for retrieval by the City’s CAMA application.

Property for Public Service Companies

The Contractor shall not appraise property of public service companies that is appraised by the Virginia State Corp. Commission and Department of Taxation.

Personal Property

Not within the scope of work.

Zoning Considerations

The Contractor shall consider zoning, conditional or otherwise, in the assessment of all real property.

The Contractor shall use the City of Hopewell GIS zoning layer for zoning determination within the City of Hopewell. All zoning available in Proval and on the Property Record Cards must be verified by the Contractor.

Detailed information relating to conditional zoning shall be available through the City of Hopewell zoning offices.

Project Data

Maps for this project will be printed by the City of Hopewell.

The Contractor shall receive maps from the City with their corresponding Property Record Cards. Upon completion of the field work, the Contractor will return the maps, with all their corresponding property record cards, to the Assessor’s office for data entry and quality control audits. The Contractor may use a different data collection form as long as the information can be easily keyed into the City ProVal CAMA system by the Assessor’s office staff.

We request that the Contractor complete the data collection within two (2) weeks of the each plant site visits and deliver the data entry forms to the Assessor for review and data entry in the ProVal CAMA system. The Assessor’s Office will key and return updated property cards to the Contract within two (2) weeks.

V. Quality of Work

The Contractor’s performance of the reassessment project shall be deemed to be complete after all informal hearings with taxpayers have been heard; after all appeals to the BOE have been completed; and after all deliverables are accepted by the City.

VI. Timetable/Schedule

Start of Work – As soon as possible but no later than December 1, 2024.

Status Reports

The Contractor shall provide monthly status reports to the Assessor’s office to ensure that the general reassessment is progressing satisfactorily against the agreed upon timeline/schedule.

For those tasks not progressing on schedule, the Contractor shall provide within these reports adequate explanations and recommended corrective actions. Any corrective action taken shall be mutually agreed upon by the Contractor and the City.

New Construction Assessments – The City Appraisers will be responsible for working the 2024 permits.

This should not preclude contractor personnel from measuring missing improvements not part of new permits. Field Review Appraisers working for Contractor should measure all improvements on the property including miscellaneous items.

VII. Time of Completion/Performance of Work

General Reassessment Phase:

• Data Collection must be completed and returned to Assessor’s office for data entry two weeks after field visits of each manufacturing plant with the last one no later than January 1, 2025.

• Final valuation of the properties in the scope of work must be delivered to the Assessor’s Office for final posting no later than February 1, 2025.

Appeal Phase:

• Informal appeals will be scheduled in March of 2025. For properties in the scope of work that are under appeal, the City may require written appraisal reports.

• Appeals to the Board of Equalization & Review: The Board will be in session from April 1 until

June 30, 2023. We will inform the Contractor if written appraisal reports are needed.

• Formal appeals to the Court System: The City may require the MAI Appraiser to testify in Court to defend the assessed value of some or all of the properties in the scope of work.

VIII. LAND VALUATION

Land values will be developed by the Contractor for the properties in the scope of work, but for equity purposes the MAI Appraiser will coordinate with the Assessor and the Contractor working on the remaining industrial properties for the City 2025 reassessment.

The Contractor will use land sales to determine the land values for industrial land. If not enough sales are available the Contractor will use generally accepted appraisal practice methods to arrive at the new 2025 land values.

In the event of a land parcel with incorrect or missing square footage, the Contractor will not rely on GIS information. GIS is not an option as the legal acreage must be determined for assessment purposes using legal documents like deeds and plats.

The new 2025 land schedule developed by the MAI Appraiser will be delivered to the Assessor and will be included in the Reassessment Manual for the 2025 Reassessment of the entire jurisdiction. The land schedule developed by the Contractor for the properties in the scope of work must include all information, adjustment factors, list market areas, rates and all methods used to arrive at the land values.

IX. FINAL REPORT

The Contractor shall carry on the project of general reassessment for the industrial properties listed in the scope of work, and shall complete and deliver said work on or before February 1, 2025.

X. PRICING

General Reassessment Phase: Provide a price per manufacturing plant.

Appeal Phase: Provide a price per appraisal report to be uses in a Board of Equalization or Court appeal.

Expert Witness and other services: Provide a billing price per hour.

XI. REQUIREMENT

Contractor shall have an MAI certification.

XII. PROPOSAL

The proposal should include at a minimum the following:

A. Examples of similar work completed in the past;

B. List of references including local government customers; to include, Name, Email address, and telephone number.

C. Detailed list of the staff that will be working on the project, their assignment on the project, certification and experience;

D. List any subcontractors anticipated to be used on the project if applicable and their qualifications;

E. List of all certified appraisal staff that will be working on the reassessment;

F. Timeline on how the project will be completed on time;

G. Pricing as outlined above in section X;

H. Proposal signature page (page 3);

I. State Corporation Commission Form (page 5);

J. One (1) original, and one (1) portable document format (pdf) version of the proposal

XIII. EVALUATION CRITERIA

Criteria Points

1. Site Visits: A physical visit of each property listed in the scope of work by qualified personnel is required. The Assessor’s Office will print the PRCs for the Contractor. As the Contractor completes the fieldwork for one of the plants, they will be required to return the information to the Assessor for data entry two weeks after completing the site visit of each manufacturing plant.

2. Real Property Assessment (equity): The Contractor will coordinate with the Assessor for the application of the M&S rates consistent with the remaining of the reassessment done by other contractor.

3. Project Manager: The MAI Appraiser will be considered the Project Manager and be available when needed to answer questions.

4. Deliverable: Final values for each manufacturing plant and individual parcel values for the plants with multiple parcels within the plant ownership.

5. Time of Completion/Performance of Work: Different point of delivery must be met for returning field cards, preliminary values and final values.

6. Informal Appeals: Appraisal reports may be needed for Informal Appeals 10

7. Formal Appeals to the Board of Equalization or Court System: Availability of the contractor for expert testimony.

Total 100

XIV. RFP QUESTIONS

Questions pertaining to this RFP must be submitted electronically on or before November 14, 2024, 5:00 p.m. Questions should be addressed to Felicia Ashburn, Procurement Officer, at procurement@hopewellva.gov prior to the deadline.

All technical questions should be submitted to Ronald Agnor, at ragnor@hopewellva.gov on before November 14, 2024, 5:00 p.m.

Responses to all written questions will be issued by an Addendum on or before November 18, 2024, 5:00 p.m.

In order to maintain equal access to information we request that you not contact anyone other than the individual(s) named above. If there are any changes to the scope of work, addenda will be issued by the Procurement Officer to all known participants.

mailto:procurement@hopewellva.gov mailto:ragnor@hopewellva.gov

GENERAL TERMS AND CONDITIONS

A. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and the City of Hopewell, Virginia; any litigation with respect thereto shall be brought in the courts of the City. The contractor shall comply with all applicable federal, state and local laws, rules and regulations. This compliance includes obtaining a Hopewell business license, if required, before work is performed.

B. EMPLOYMENT DISCRIMINATION/DRUG-FREE WORKPLACE BY

CONTRACTOR: By submitting the bids/proposals, the bidders/offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and §2.2- 4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with the City to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the City. (Code of Virginia, § 2.2- 4343.1E).

Every contract over Ten Thousand Dollars ($10,000) shall include the provisions below.

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

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

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

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

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

5. To post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

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

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

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

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

D. INDEMNITY: The contractor agrees to defend, indemnify and hold harmless, the City of

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

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

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

F. QUOTATION FORM: The bidder/offeror must sign and properly fill out all forms in this

Bid/Proposal or be subject to being declared unresponsive. If unable to submit a Bid/Proposal, please sign and return this solicitation form, advising reason for no Bid/Proposal.

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

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

I. ETHICS IN PUBLIC CONTRACTING: By submitting the bids/proposals, the bidders/offerors certify that the 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 the 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.

J. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the materials, quality, workmanship, or performance of the items offered in this Bid/Proposal prior to their delivery, it shall be the responsibility of the successful bidder/offeror to notify this office at once, indicating in his letter the specific regulation which requires such alterations. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

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

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

M. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City of Hopewell, Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City of Hopewell, Virginia under said contract.

N. PAYMENT: Payment by the City is due thirty (30) days after receipt of approved invoice unless otherwise specifically provided: subject to any discounts allowed. If an invoice requires modifications by the City, the thirty (30) day period begins after receipt of acceptable invoice.

To Prime Contractor:

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

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

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

Unreasonable Charges: Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges, which appear to be unreasonable, will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the City shall promptly notify the contractor, in writing, as to those charges, which it considers unreasonable, and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification.

To Subcontractors:

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

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

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

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

O. PRECEDENCE OF TERMS: Paragraphs A-N of these General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

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

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

1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Department and/or Contract Administrator may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation.

The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Department/Contract Administrator a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Department with all vouchers and records of expenses incurred and savings realized.

The Purchasing Department shall have the right to audit the records of the contractor, as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Department within thirty (30) days from the date of receipt of the written order from the Purchasing Department. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Virginia Public Procurement Act. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Department or with the performance of the contract generally.

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

T. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A

contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law.

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

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

U. INSURANCE: The contractor shall secure and maintain in force, at his/her own expense all required forms of insurance and payment bonds to insure the completion for the work under contract to the satisfaction of the City and without damage to, or claims against the City. The contractor shall provide satisfactory evidence of bonds and insurance on behalf of the sub-contractors, before entering into an agreement to sublet any part of the work to be done under this contract.

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

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

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

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

INSURANCE COVERAGES AND LIMITS REQUIRED:

1. Worker's Compensation - Statutory requirements and benefits; require that the City of

Hopewell, Virginia be added as an additional named insured on contractor’s policy.

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

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

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

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

6. The contractor shall require each of his subcontractors to carry Workmen’s Compensation

Insurance and public liability and property damages liability.

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

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

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

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

SPECIAL TERMS AND CONDITIONS

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

B. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the City of Hopewell, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

C. AWARD OF CONTRACT: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposal, including price if so stated in the RFP.

Negotiations shall then be conducted with each of the offerors so selected. The offeror shall state any exception to any liability provisions contained in the RFP in writing at the beginning of negotiations, and such exceptions shall be considered during negotiation.

Price shall be considered, but need not be the sole or primary determining factor. After negotiations have been conducted with each offeror so selected, the City shall select the offeror which, in its opinion, has made the best proposal and provides the best value, and shall award the contract to that offeror. The City may cancel this R or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2- 4359D). Should the City determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

D. BID/PROPOSAL ACCEPTANCE PERIOD: Any bid/proposal in response to this solicitation shall be valid for 90 days. At the end of the 90 days the bid/proposal may be withdrawn at the written request of the bidder/offeror. If the bid/proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

E. CANCELLATION OF CONTRACT: The Purchasing Department reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 30 days written notice to the contractor.