RFPQ 06042024-1400 Design Build RFP for General Properties Maintenance Building.pdf

King George County RFPQ #06042024-1400

Design/Build General Properties Maintenance Building

KING GEORGE COUNTY VIRGINIA

REQUEST FOR PROPOSAL QUALIFICATIONS – Design Build Project

ISSUE DATE: March 6, 2024, RFPQ #06042024-1400

TITLE: General Properties Maintenance Building

Sealed Proposals will be received until June 04, 2024, 2:00 PM local prevailing time, as per the Official Purchasing

Timeclock, for furnishing the services described herein. Late, facsimile and/or electronic proposals will not be accepted. All inquiries must be directed to:

LaVern Dillard – Procurement Specialist

Phone: (540) 775-3177 Fax: (540) 775-7692

E-Mail: ldillard@co.kinggeorge.state.va.us

PROPOSALS MUST BE MARKED AS FOLLOWS ON THE OUTERMOST DELIVERY PACKAGING, AND DELIVERED TO:

King George County Procurement Specialist

10459 Courthouse Drive, Suite 201

King George, VA 22485

RFPQ #02192024 -1400

Offeror’s Name and Address must also be noted on the outside of the delivery container.

King George County does not discriminate against faith-based organizations in accordance with the Code of

Virginia, § 2.2-4310 or against any Offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by law relating to discrimination in employment. If you need any reasonable accommodation for any type of disability in order to participate in this procurement, please contact the

Procurement Manager as soon as possible.

Name and Address of Firm/Individual Submitting Proposal:

Date:

By:

Signature In Ink (Preferably Blue Ink)

Print/Type

Telephone: Fax:

E-mail Address

Virginia State Corporation Commission No.

Questions: All questions must be submitted in writing directly to the King George County Procurement

Specialist at the address referenced above. Questions will be accepted until 1:00 PM, May 20, 2024.

Questions may be sent by fax or email.

DO NOT RETURN ALL PAGES OF THIS RFPQ PACKAGE – SEE SECTION 2.0

TABLE OF CONTENTS

SECTION SECTION CONTENTS PAGE

1 General Information

1.1 Purpose of the Request …..…………..……………………………..… 4

1.2 Competition Intended ……………………………………………..….. 5

1.3 Contract Term …………………………………………………………… 5

1.4 Pre-Proposal Meeting/Site Visits ………………..……………………. 5

1.5 Qualification Requirements ……………..…………………….…..…. 5

1.6 Scope of Work …………………….……..…………………………

1.7 Cost ………………………………………………………...............…….. 6

1.8 Project Schedule ………………………………………………..……… 6

1.9 Questions ……………………………………………………………...…. 6

1.10 Decision Not to Respond …………………………………,,,…….….. 7

1.11 Award of Agreement ………………………………………….…..….. 7

1.12 Termination ………………………………………………………..….…. 7

1.13 Contractual Disputes ……………………………………………….…. 8

1.14 Severability …………………………………………………………..….. 8

1.15 Emergency Order ………………………………………………..…….. 8

1.16 Taxes ……………………………………………………………………… 8

1.17 Special Terms & Conditions ………………………………………….. 9

2 Proposal Requirements

2.1 Effect of Proposal Submission ………………………………………… 10

2.2 Due Date and Copies Returned …………………………………… 10

2.2.1 Facility Closure …………………………………………………… 11

2.3 Conflicts of Interest ……………………………………………………. 11

2.4 Collusion …………………………………………………………………. 11

2.5 Ownership ………………………………………………………………. 11

2.6 Confidentiality ………………………………………………………….. 11

2.7 Statement of Qualifications Submittal Contents ………………….. 12

2.8 Proposal Format Instructions …………………………………………. 12-13

3. Selection of a Contractor

3.1 Approving Authority ……………………………………………………. 14

3.2 Evaluation Committee ………………………………………………….. 14

3.3 Step 2 – Issuance of Request for Proposals …………………………. 14

3.4 Pre-Qualifications ………………………………………………………… 14

3.5 Evaluation Criteria ………………………………………………………. 14-15

3.6 Ownership of Documents ……………………………………………… 15

3.7 Prime Contractor ………………………………………………………... 15

3.8 Contract Development ………………………………………………… 15-16

3.9 Standard Contract for Construction Services ……………..………… 16

3.10 Notice to Proceed/Purchase Order ………………………………….. 16

3.11 Acceptance, Invoicing, and Payment ……………………………… 16-17

3.12 Insurance ..……….…………………………………………………………. 17-19

3.13 Non-Discrimination (Contactor ………………………………………… 19-20

3.14 Certification of Authority to Transact Business

in the Commonwealth …………………………………………………… 20

Sample Construction Services Agreement – Attachment A

Sample Performance Bond – Attachment B

Sample Payment Bond – Attachment C

Contractor’s Qualification Form – Attachment D

General Conditions for Design Build Contracts – Attachment E

General Properties Maintenance Building Report – Attachment F

Guidelines for Design-Build Contracts – Attachment G

Utilities in the area – GIS Map – Attachment H

This Request for Proposal Qualifications (RFPQ) Design Build Solicitation plus the resulting contract shall be consistent with and governed by the King George County Purchasing

Ordinance, and the King George County Guidelines for the Selection, Evaluation, and

Award of Design-Build Contracts, and has been prepared in accordance with the

Virginia Public Procurement Act.

This section of the solicitation sets forth general information for all potential Offerors to assist in the preparation of proposals for the project identified in this RFPQ. The proposal submission requirements are addressed in Section 2 of this solicitation. King George

County process for selecting the best proposal and developing a contract are summarized in Section 3. The requirements and processes set forth therein shall be binding on all Offerors.

1.1 PURPOSE OF THE REQUEST:

King George County, a political subdivision of the Commonwealth of Virginia and a body politic, herein referred to as KGC, desires to obtain proposals on behalf of

King George County General Properties(KGC) for purchase, design and construction of a General Properties Maintenance Building, including site work, to be located at the corner of Government Center Boulevard and Citizens Way King

George, VA 22485. An aerial photo of the site is provided in Attachment F.

This Design Build Request for Proposal Qualifications Solicitation (RFPQ) is part of a competitive procurement process that allows KGC to obtain the best value and also provides interested Offerors a fair opportunity for their services and capabilities to be duly considered. The selection process shall comply with the

King George County Guidelines for the Selection, Evaluation, and Award of

Design-Build Contracts as provided in Attachment G.

KGC intends to enter into a contract with the selected Offeror(s) using its standard

Construction Services Agreement. A sample Construction Services Agreement is attached to this Request for Proposal Qualification as Attachment A.

The contents of the proposal/Qualifications submitted by the successful Offeror, this solicitation and all modifications made thereof, will become part of any contract awarded as a result of this solicitation.

For ease of reference, each individual/organization submitting a response to the solicitation will hereinafter be referred to as an “Offeror”. An Offeror whose proposal would result in a formal agreement will hereinafter be referred to as a

“Contractor”

1.2 COMPETITION INTENDED

It is KGC intent that this solicitation permit competition. It shall be the Offeror's responsibility to advise the King George County (KGC) Procurement Specialist in writing if any language, requirement, scope of work, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this solicitation to a single source. Such notification shall be received by the KGC

Procurement Specialist not later than 12:00 PM on January 26, 2024.

1.3 CONTRACT TERM:

The Offeror shall include a proposed contract time in the proposal submission; the contract time will be one of the evaluation factors.

1.4 PRE-PROPOSAL MEETING/SITE VISIT:

A MANDATORY pre-proposal meeting will be held on May 5, 2024, at 11:00 am.; at the corner of Government Center Boulevard and Citizens Way, King George, VA

22485. Due to the importance of all offerors having a clear understanding of the scope of work and requirements of this solicitation, attendance at this pre-proposal meeting/site visit will be a pre-requisite for submitting a proposal.

Proposals will only be accepted from offerors who are represented at this pre-proposal meeting. No one will be admitted after 11:15 am.

The selected Offeror (Contractor) will not be relieved from assuming all responsibility for properly estimating the difficulties and cost of performing the services required by, described in, this RFPQ because of the failure to become acquainted with all the information concerning the services to be performed.

1.5 QUALIFICATION REQUIREMENTS:

Qualification requirements for the contract shall include, but not be limited to, the following:

All individuals/firms submitting proposals must be licensed as required by the Code of Virginia and the requirements of the King George County Department of

Community Development and the Commonwealth of Virginia.

Plans, designs, and details of the General Properties Building project shall be prepared by qualified individuals or firms.

The evaluation criteria includes the Offeror’s experience for a period of ten prior years to determine whether the Offeror has constructed, by any method or project delivery, at least three projects similar in program and size.

All individuals/firms submitting proposals must be authorized as required by law to transact business in the Commonwealth. The Offeror’s Authorization to Transact

Business in the Commonwealth number (SCC #) issued by the Commonwealth of

Virginia State Corporation Commission shall be noted on Page 1 of this RFPQ and included with the proposal submission. Proposals submitted without proof of

Authorization, or without a noted exemption from the Virginia State Corporation

Commission will be rejected. All Authorization to Transact Business in the

Commonwealth numbers and exemptions will be confirmed by the Procurement

Specialist prior to proposal distribution.

1.6 SCOPE OF WORK/SERVICES:

The General Properties Maintenance Building shall meet all requirements of the applicable industry standards, including the qualification and certification requirements of the Code of Virginia and the King George County Department of Community

Development. Product/configuration substitutions may be considered. KGC, in its sole opinion, will determine whether the substitute is acceptable to KGC.

Work shall include obtaining all permits and approvals from the King George County

Department of Community Development.

The intent and purpose of this Request for Proposals is to establish a contract with one qualified firm to furnish all labor, materials, and equipment necessary for the design, purchase, and construction of an approximate 4,000 square foot General Properties

Maintenance Building, located at the corner of Government Center Boulevard and

Citizens Way, King George, VA 22485. This includes all necessary site work and electrical system improvements/upgrades.

The project Scope of Work is described in the General properties Maintenance Building

Report dated July 31, 2003, prepared by Wiley Wilson (please see Attachment F).

1.7 COST:

A nonbinding cost proposal will be requested at a later time from short-listed

Offerors as part of Step 2 of the selection process (please see Attachment G for the Guidelines). Price shall be a critical factor in the final award.

Performance and Payment Bonds will be required from the selected Offeror for this project. Samples of the bonds are included as Attachments I & J.

PLEASE NOTE: THE COST PROPOSAL AND FURNISHED BONDS ARE NOT REQUIRED

WITH THE INITIAL RESPONSE TO THIS RFPQ. THEY SHALL BE REQUIRED OF SHORTLISTED

VENDORS AND REQUESTED BY THE PROCUREMENT MANAGER AT A LATER DATE.

1.8 PROJECT SCHEDULE:

Offeror shall include a proposed project schedule with his/her proposal. This will be a factor in the award decision.

1.9 QUESTIONS:

Questions concerning general and/or technical details of the work, or this RFPQ, shall be submitted in writing (email, fax, USPS, or mail delivery service) to:

LaVern Dillard - Procurement Specialist

King George County

10459 Courthouse Dr., Suite 201

King George, VA 22485

(540) 775-3177

(540) 775-7692 (fax)

Email: ldillard@co.kinggeorge.state.va.us

Potential Offerors are required to submit any and all questions in writing directly to the KGC Procurement Specialist at the address referenced above no later than

1:00 PM, May 20, 2024. Written responses, including the questions, will be provided to all Offerors via an official Addendum. Questions may be sent by fax or email.

1.10 DECISION NOT TO RESPOND:

Some recipients of this RFPQ may elect not to respond with a proposal for a variety of reasons. KGC is very interested in learning whether issues with the solicitation process have discouraged responses, or whether there are other reasons.

Accordingly, if your firm elects not to submit a proposal, we ask that you return

Page 1 of the RFPQ (by fax or USPS) with a statement as to why you are unable or unwilling to respond.

1.11 AWARD OF AGREEMENT:

KGC, in its sole opinion, reserves the right to reject any or all proposals, to waive informalities and to negotiate an Agreement with the selected Offeror. KGC reserves the right, in its sole opinion, to reject any proposal it believes would not be in its best interest.

1.12 TERMINATION:

Subject to the provisions below, the Contract may be terminated by KGC upon thirty (30) days advance written notice to the Contractor; but if any work or service hereunder is in progress, but not completed as of the date of termination, then the

Contract may be extended upon written approval of KGC until said work, goods, or services are completed and accepted.

A. Termination for Convenience:

KGC may terminate the resulting Contract for convenience at any time in which the case the parties shall negotiate reasonable termination costs.

B. Termination for Cause:

In the event of Termination for Cause, the thirty (30) days advance notice is waived and the Contractor shall not be entitled to termination costs.

1) Termination Due to Unavailability of Funds in Succeeding Fiscal Years:

If funds are not appropriated or otherwise made available to support continuation of the performance of the Contract in a subsequent fiscal year, then the Contract shall be canceled and, to the extent permitted by law, the

Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred under the Contract.

1.13 CONTRACTUAL DISPUTES:

The Contractor shall give written notice to the KGC Procurement Manager of intent to file a claim for money or other relief within ten (10) calendar days of the occurrence giving rise to the claim or at the beginning of the work upon which the claim is to be based, whichever is earlier.

The claim, with supporting documentation, shall be submitted to the KGC

Procurement Manager by US Mail, courier, or overnight delivery service, no later than sixty (60) days after final payment. The Contractor shall submit its invoice for final payment within thirty (30) days after completion or delivery of the project. If the claim is not disposed of by agreement, the KGC Procurement Manager shall reduce his/her decision to writing and mail or otherwise forward a copy thereof to the

Contractor within thirty (30) days of KGC receipt of the claim.

The KGC Procurement Manager's decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the County

Administrator, or his/her designee. The County Administrator shall render a decision within sixty (60) days of receipt of the appeal.

1.14 SEVERABILITY:

In the event that any provision shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire Contract (Agreement) but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding and in full force and effect.

1.15 EMERGENCY ORDER:

In the event of an emergency KGC reserves the right to order the contracted services or supplies from other sources which could provide a faster delivery time.

1.16 TAXES:

This is not a tax-exempt project. The CONTRACTOR, and all Sub-Contractors shall comply with applicable tax laws and regulations. The price or prices bid here shall include all federal and state, direct and indirect taxes which apply.

King George County is exempt from excise taxation by virtue of exemption certificate No. 54-6001372. The KGC Procurement Manager will complete such documents as may be necessary for the CONTRACTOR to comply with applicable tax laws and regulations. The price or prices quoted here shall include all other federal and state, direct and indirect taxes which apply.

1.17 Special Terms & Conditions:

Any resultant contract must include that independent structural, special inspections and final inspection be performed by an approved designee or a third party other than a subcontractor retained by the Offeror, and approved by KGC, to assure conformance with the plans & specifications.

SECTION 2

PROPOSAL REQUIREMENTS

In order to be considered for selection, Offerors must submit a complete response to the

RFPQ. All information requested, and the requirements of this RFPQ must be supplied in writing in order for KGC to consider the proposal complete. One (1) original and four (4) copies, for a total of 5, of each proposal must be submitted to the Owner. The Offeror shall make no other distribution of the proposal.

2.1 EFFECT OF PROPOSAL SUBMISSION:

Submission of a proposal shall constitute an agreement to include the provisions contained in this RFQ and/or in the Offeror’s proposal in any agreement negotiated between the parties unless an exception or clarification to any such provision is clearly indicated in the proposal labeled “Clarifications and

Exceptions”.

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

KGC shall not be responsible for any expense incurred by the firm in preparing and submitting a proposal or expenses incurred related to subsequent inquiries or interviews for evaluation or contract negotiations. All proposals/materials submitted shall become the property of KGC.

2.2 DUE DATE AND COPIES RETURNED:

Proposals will be received until 2:00 PM local prevailing time, as per the Official

Purchasing Timeclock, on June 04, 2024, Proposals must be received by the KGC

Finance Department/Purchasing Office prior to, or by the date/time noted above.

KGC will not accept proposals after that date and time. Proposals received in the

KGC Finance Department/Purchasing Office after the date and time prescribed will not be considered for evaluation and will be returned, unopened, to the

Offeror.

It shall be the Offeror’s responsibility to ensure his/her proposal has been received by the KGC Finance Department/Purchasing Office on or before the deadline published above. KGC is not responsible for delays in the Postal service or other methods of delivery.

Offerors shall submit (5) copies of their technical proposals with one marked

“Original”. Each copy of the proposal shall be bound or contained in a single volume where practical.

Offerors shall deliver sealed proposals to:

King George County Procurement Specialist

10459 Courthouse Dr.

Suite 201

King George, VA 22485

No other proposal distributions by the Offeror shall be permitted.

2.2.1 FACILITY CLOSURE:

Due to inclement weather, or other emergency conditions, King George

County may temporarily close its Administration facility. If proposals are due on a day that the KGC Administration facility is closed, proposals will be considered due at the same time on the next business day the facility is open to the public. During inclement weather, KGC facility closures are posted on the Web at http://Fredericksburg.com, or call (540) 775-9181.

2.3 CONFLICTS OF INTEREST:

This solicitation is subject to the provisions of Section 2.2-3100 et seq., of the Code of Virginia, “the Virginia State and Local Government Conflicts of Interest Act”. No member of the King George County Board of Supervisors, King George County

Economic Development Authority, King George County Service Authority, or any employee of King George County, or the spouse or any other relative who resides in the same household as any of the foregoing, may be a sub-contractor in connection with any bid or proposal, or have a personal interest therein, as defined by Code of Virginia.

2.4 COLLUSION:

All submitted proposals shall be made without collusion or fraud. This includes a prior understanding, agreement, or connection with any corporation, partnership, firm, or person submitting a proposal for the same requirements. Collusive bidding is a violation of Federal Law and can result in fines, prison sentences, and civil damage awards.

2.5 OWNERSHIP:

KGC requires all Offerors submitting proposals to indicate their form of organization and current principal place of business.

2.6 CONFIDENTIALITY:

Proprietary information that is submitted must be clearly identified as such at the time of submission (The Virginia Freedom of Information Act –FOIA- § 2.2-3700 et.

seq. of the Code of Virginia.) Offerors must invoke this protection by written request and identify the specific area or scope of data or other materials to be protected and state the reasons why protection is needed. Proprietary information, if any, shall be clearly identified as such within the submittal and should be easily segregated from other portions of the proposal; pricing and other material http://fredericksburg.com/ portions of the proposal will not be considered proprietary. The entire proposal cannot be protected, only that information that is considered proprietary or trade secrets.

2.7 STATEMENT OF QUALIFICATIONS SUBMITTAL CONTENTS:

Offerors shall submit five (5) copies of their Proposal (Statements of Interest and

Qualifications,) with one marked “Original”. Proposals should be as thorough and detailed as possible so that KGC may properly evaluate the Offeror’s capabilities to provide the required goods/services. Proposals shall be submitted on 8-1/2” x

11” paper and prepared simply and concisely. Elaborate artwork, expensive paper, bindings, visual, and other presentation aids are not required. Each

Offeror’s proposal shall be organized in the sequence outlined in Section 2.8 of this

RFQ.

The proposal content shall not exceed forty (40) pages (front and back), including the cover letter. Proposals in excess of forty (40) pages (section dividers, requested certification(s), and W9 forms will not count towards the forty (40) page limit) shall be deemed non-responsive and shall not be reviewed.

A letter from each proposed sub-consultant committing to work on the project team shall also be submitted with the proposal (these letters will not count towards the twenty (20) page limit).

All proposals shall be signed by an officer or employee authorized to bind the firm contractually.

Page 1 of this RFQ must be completed and submitted with your proposal.

2.8 PROPOSAL FORMAT INSTRUCTIONS:

KGC is not responsible for failure to locate, consider and evaluate qualification factors presented outside of the format identified below. Proposals that do not meet the KGC proposal submittal guidelines listed below may be excluded from the evaluation process.

Step 1 of the solicitation process (see Guidelines in Attachment G will be utilized by

KGC for the evaluation process and selection criteria. In order to provide each

Offeror an equal opportunity for consideration, adherence to a standardized proposal format is required. The format of each proposal must contain the following elements organized into separate chapters and sections:

A. Page 1 of this RFPQ:

Page 1 of this RFPQ must be completed and included with the proposal.

B. Cover Letter:

The cover letter shall confirm the Offeror’s understanding of this RFPQ and has a general understanding of the work. The cover letter shall also clearly identify the work the submission is for.

C. Project team overview: The overview shall include a description of the personnel and subcontractors and consultant(s), if any, to be assigned to the project, their duties and the office location of personnel. The project team overview shall indicate the office location where management of the project will occur and the location from which the majority of the staff resources will be provided.

D. Resumes: Resumes of key personnel for the firm and the subcontractors and consultant(s) to be assigned to the project. A maximum of one (1) page per individual resume.

E. Organizational chart. The project team organizational chart shall indicate the project manager.

F. Description of the firm’s capabilities and any other subcontractors and consultant’s capabilities (maximum of three [3] pages).

G. Relevant projects performed by individuals who will be assigned to work this project (minimum of three similar projects), with project locations, and original and final project costs; and names, titles and phone numbers of contact persons.

H. Demonstrated capacity to effectively control project costs and accomplish work in a timely manner. Describe the organizational structure and project approach that will be used to manage and design projects. Include a proposed project schedule with the proposal.

I. References:

Provide the current name, address, and telephone number of a minimum of four (4) references the Offeror has served in a similar capacity either currently or in the past three (3) years that are similar in size and scope to the requirements of this RFQ. Indicate the Scope of Services provided to each reference.

J. Each Offeror shall submit proof Authority to Conduct Business in the

Commonwealth (SCC Identification Number). All SCC Identification numbers will be verified by the Procurement Specialist prior to proposal acceptance and consideration for award.

K. W-9 Form:

Each Offeror shall submit a completed W-9 form with their proposal in the event of contract award. This information is required in order to issue purchase orders and payments to your firm. A copy of this form can be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf.

http://www.irs.gov/pub/irs-pdf/fw9.pdf

SECTION 3

SELECTION OF CONTRACTOR

This section of the RFQ outlines KGC process for selecting the best proposals plus the major elements of the subsequent contract resulting from this selection.

3.1 APPROVING AUTHORITY:

The approving authority for this RFQ is King George County Virginia.

3.2 EVALUATION COMMITTEE:

KGC will appoint an Evaluation Committee to review and evaluate all proposals received as part of the Step 1 solicitation process. This RFPQ process will result in a short list of three to five offerors to receive a Request for Proposals Qualifications, in accordance with the King George County Guidelines for the Selection, Evaluation, and Award of Design-Build Contracts (Attachment G).

3.3 STEP 2 – ISSUANCE OF REQUEST FOR PROPOSALS:

A Request for Proposals will be sent to the prequalified Offerors selected for the short list with request for submission of formal proposals. The criteria for award shall be included in the RFP with price as a critical basis for award. If specified in the

RFP, a Technical Proposal and sealed Cost Proposal shall be requirements for submittal, and the Cost Proposals shall be kept sealed and secured until evaluation of the Technical Proposals and design adjustments (if any) are complete.

3.4 PRE-QUALIFICATIOIN:

At least thirty days prior to the date established for the submission of responses to the RFP, the KGC shall advise in writing each Offeror which sought prequalification whether that Offeror is prequalified. Prequalified Offers that are not selected for the short list shall likewise be provided the reasons for such decision. In the event that an Offeror is denied prequalification, the written notification to such Offeror shall state the reasons for such denial of prequalification and the factual basis of such reasons, and such notice shall be issued thirty days prior to an RFP issued in accordance with the King George County Guidelines for the Selection, Evaluation, and Award of Design-Build Contracts (Attachment G).

3.5 EVALUATION CRITERIA:

The Evaluation Committee will base its evaluation of proposals received in response to the RFPQ on the following criteria:

Maximum Points Evaluation Criteria

30 Offeror’s written technical plan and approach towards providing the requested goods/services as stipulated in this RFPQ.

40 Offeror’s relevant experience, qualifications, and track record in providing the goods/services outlined in this

RFPQ.

20 Offeror’s references from other customers with requirements similar to those of King George County.

10 Offeror’s proposed timeframe for completing the project.

The Evaluation Committee may make such reasonable investigations as it deems proper and necessary to determine the ability of the Offeror to perform the work.

The Evaluation Committee and/or its representative(s) reserve the right to inspect the Offeror’s physical premise prior to making a final selection.

After review and evaluation, and based on its sole discretion, KGC reserves the right to reject any or all proposals received in response to this request and will not compensate Offerors for the cost of proposal preparation whether or not an award in consummated.

3.6 OWNERSHIP OF DOCUMENTS:

The Offeror shall provide KGC with documents bound and suitable for distribution.

All documents, including computer disks, submitted in response to this solicitation shall become the property of KGC All documents, including computer disks, prepared in conjunction with, and relating to, the work detailed in this solicitation and resulting contract shall become the property of KGC upon final payment of all fees to the Contractor as forth for in the contract.

3.7 PRIME CONTRACTOR:

Upon completion of the solicitation process, and upon selection of an Offeror, the successful Offeror (Contractor) shall assume full responsibility for the complete effort as required by this RFQ. The selected Offeror shall be the sole point of contact for KGC with regard to all contractual responsibilities.

3.8 CONTRACT DEVELOPMENT:

Once an Offeror is tentatively selected based on the “Evaluation Criteria” detailed in the King George County Guidelines for the Selection, Evaluation, and Award of

Design-Build Contracts (Attachment G), KGC reserves the right to conduct further discussions/negotiations with the selected Offeror.

The contract, this RFPQ and the RFP, any addenda, and the Offeror’s proposal submission in response thereto, and any amendments, shall constitute the whole agreement between the parties.

If a satisfactory proposed contract cannot be negotiated with the highest ranked

Offeror, negotiations will be terminated. Negotiations shall then be undertaken with the Offeror rated second most qualified and so on until an agreement is reached with an Offeror.

3.9 STANDARD CONTRACT FOR CONSTRUCTION SERVICES:

Absent legal requirements, the award will be governed by the “Standard

Construction Services Agreement” for this work. A sample Agreement is attached to this RFPQ as Attachment A.

Specific obligations of each party will be identified in the executed contract.

3.10 NOTICE TO PROCEED/PURCHASE ORDER:

A Notice to Proceed will be enclosed with the resulting, executed contract.

A purchase order may be enclosed with the resulting executed contract or may be issued shortly thereafter. The purchase order will form an integral part of the resulting contract. The purchase order indicates that sufficient funds are obligated and assures distribution of the necessary receiving reports and/or invoice payment approvals.

However, the purchase order does not supersede any provisions of the resulting executed contract. Performance time and dates are determined solely by the

Contract and any modification thereto.

3.11 ACCEPTANCE, INVOICING, AND PAYMENT:

Tasks and all reports shall be conducted and completed in accordance with recognized and customarily accepted industry practices and shall be considered complete when the product or service is approved as acceptable by KGC.

The Contractor shall submit invoices detailing the goods/services received/performed and completed to KGC. The invoice submittal shall provide sufficient information to justify the invoiced amount. Invoices that, in KGC’ sole opinion, do not clearly detail services provided and completed shall be returned to the Contractor.

The Contractor’s invoice shall cite the appropriate King George County purchase order and contract numbers.

KGC will make payment to the Contractor, net forty-five (45) days or in accordance with discount terms, if offered, after receipt of an acceptable invoice and satisfactory completion of the requested services as verified by KGC.

3.12 INSURANCE:

The successful Offeror shall comply with the insurance requirements set forth in the following numbered paragraphs and those required under the Commonwealth of

Virginia statutory requirements. The Offeror’s proposal shall clearly describe any desired exceptions to the insurance coverage required.

A. The Contractor shall be responsible for its work and every part thereof, and for all materials, equipment, and property of any and all description used in connection therewith. The Contractor assumes all risks of direct and indirect damage or injury to any person or property wherever located, resulting from any action, omission, commission, or operation under the contract, or in connection in any way whatsoever with contracted work.

B. The Contractor shall provide certified copies of all insurance coverage on behalf of the Contract five (5) days prior to work beginning. These certified copies will be sent to the KGC Procurement Manager from the Contractor’s insurance agent or representative. Certificates of Insurance submitted to the

KGC Procurement Manager shall have the corresponding

Contract/Agreement number noted on them.

C. The Contractor shall, during the continuance of all work under the contract, provide and agree to maintain the following:

1) Worker’s Compensation and Employees insurance under the

Commonwealth of Virginia statutory requirements, to protect the

Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, or subcontractors, including any and all liability or damage which may arise by virtue of any statute or law in force with the Commonwealth of Virginia, or which may be hereinafter enacted.

2) General Liability insurance sufficient to protect the Contractor, its subcontractors, and the interest of KGC, against any or all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the Contract or in connection with the contracted work. The General Liability insurance shall also include the Broad Form General Liability endorsement, in addition to coverages for explosion, collapse, and underground hazards, where required.

Completed Operations Liability coverage shall continue in force for one year after completion of work. Professional liability insurance in the amount of $1,000,000.00 is also required.

3) Automobile liability insurance, including property damage, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the

Contractor and/or his/her subcontractors in the performance of the work.

In addition, all mobile equipment used by the Contractor in connection with the contracted work, will be insured under either a standard

Automobile Liability Policy, or a Commercial General Liability policy.

4) Liability insurance may be arranged by General Liability and Automobile

Liability policies for the full limits required, or by a combination of underlying liability policies for lesser limits with the remaining limits provided by an

Excess or Umbrella Liability policy.

The Contractor will provide an original, signed Certificate of Insurance, evidencing such insurance and such endorsements as prescribed herein, and shall have it filed with the County Procurement Manager before a contract is executed and any work is started.

D. The Contractor will secure and maintain all insurance policies of its subcontractors. Those policies shall be made available to KGC on request.

E. No change, cancellation, or non-renewal shall be made to any insurance coverage without a thirty (30) day written notice to KGC Procurement

Manager. The Contractor shall furnish the KGC Procurement Manager a new

Certificate of Insurance prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate will result in suspension of all payments until the new certificate is furnished to KGC Procurement

Manager.

F. Insurance coverage required in these specifications shall be in force throughout the contract term. Should the Contractor fail to provide acceptable evidence of current insurance within five (5) days of written notice at any time during the contract term, KGC shall have the absolute right to terminate the contract without any further obligation to the Contractor, and the Contractor shall be liable to KGC for the entire additional cost of procuring the incomplete portion of the Contract at time of termination.

G. Compliance by the Contractor and all subcontractors with the foregoing requirements shall not relieve the Contractor and all subcontractors of their liabilities and obligations under this heading or under any other section or provisions of this contract.

H. Contractual and other Liability insurance provided under the Contract shall not contain a supervision, inspection, or services exclusion that would preclude

KGC from supervising and/or inspecting the work as the end result. The

Contractor shall assume all on-the-job responsibilities for the control of persons directly employed by it, the subcontractors, any person employed by the subcontractor.

I. Nothing contained herein shall be construed as creating any contractual relationship between any subcontractor and KGC. The Contractor shall be as fully responsible to KGC for the acts and omissions of the subcontractors and of persons employed by them as it is for the acts and omissions of persons directly employed by it.

J. Precaution shall be exercised at all times for the protection of persons

(including employees) and property.

K. The Contractor, and all subcontractors, are to comply with the Occupational

Safety and Health Act of 1970, Public Law 91-956, as it may apply to the

Contract.

L. King George County shall be named additional insured in the General Liability policies and stated so on the Certificate of Insurance.

3.13 NONDISCRIMINATION (CONTRACTOR):

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

A. The Contractor will not discriminate against any employee or applicant or employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except 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.

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

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

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

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

F. The Contractor will include the provisions of the foregoing paragraphs in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each sub-contractor or vendor.

3.14 CERTIFICATION OF AUTHORITY TO TRANSACT 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 or as otherwise required by law.

If your authority to transact business is revoked or cancelled at any time during the term of this contract the County may void any and all agreements and/or contracts at any time without notice, set-off or recourse.

I certify that __________________ is authorized to transact business in the

Commonwealth pursuant to Title 13.1 or Title 50 of the Virginia Code: Yes/No

CONTRACTOR’S identification number issued by the SCC: __________ __ _____

If you assert that your entity is not required to have such state authorization, state your exception/exemption: ___________________________________________________