Solicitation RFP #SP-01-24.pdf

Succession Planning

RFP# SP-01-24

Newport News Redevelopment & Housing Authority Division of Purchasing

227-27th Street * P.O. Box 797 Newport News, VA 23607

Phone: (757) 928-2632 Fax: (757) 247-6535 www. nnrha.com

REQUEST FOR PROPOSALS

RFP #SP-01-24

SUCCESSION PLANNING

Issue Date: January 3, 2024

Closing Date: January 29, 2024 @ 2:00PM

TABLE OF CONTENTS

SUCCESSION PLANNING

RFP # SP-01-24

PURPOSE Page 2

STATEMENT OF NEED Page 2

BID DOCUMENTS INCLUDED:

Attachment “A” Pricing Sheet * Attachment “B” Terms and Conditions * (Initial each page) Attachment “C” Statement of Qualifications * Attachment “D” Certificate of Non-Segregated Facilities * Attachment “E” Minority Business Participation Commitment * Attachment “F” HUD 5369-B Attachment “G” HUD 5369-C *

“All forms identified with red* must be completed and submitted with bid packet.”

Newport News Redevelopment & Housing Authority Division of Purchasing

227 27th Street P.O. Box 797 Newport News, VA 23607

Phone: (757) 928-2623 Fax: (757) 245-2144 http://www.nnrha.com

Proposal Due Date and Time: January 29, 2024 @ 2:00 PM

Sealed proposals, subject to the conditions and instructions contained herein, will be received at the above office until the date and hour shown (local prevailing time) for furnishing the described equipment materials, and/or services, for delivery and/or performance F.O.B. Newport News, VA. Proposals received in the issuing office after the date and time may not be considered. Newport News Redevelopment and Housing Authority is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or the intra-authority mail system. It is the sole responsibility of the offeror to ensure that its proposal reaches the issuing office by the designated date and hour. The official time used in the receipt of offers is that time on the automatic time stamp machine or other documentary evidence of receipt in the issuing office.

All requests for interpretation of specifications shall be by written request, sent via facsimile to (757) 245-2144 or emailed to cmccullough@nnrha.org. Any changes to this document will be issued as addenda and will be on file in the Division of Purchasing. All such addenda will become part of the contract and all offerors will be bound by such addenda, whether or not received by the offeror. Written questions must be submitted ten (10) days prior to the closing date of the bid, last day for written questions is, January 19, 2024 @ 4:00 P.M.

PLEASE NOTE: The Wilbern Building is closed daily between the hours of 12:00 noon to 1:00 p.m.

This form must be signed, as well as subsequent addenda, and all pages returned in a sealed envelope. All signatures must be original and not photocopies.

The undersigned certifies they have read, understands, and agree to all terms, conditions, and requirements of the proposal, and is authorized to contract on behalf of firm named below.

Company Name: ____________________________________________ Federal Tax ID: _______________

Address: ___________________________________________________ City/State/Zip: ______________________

Telephone: ________________________ Fax Number: ________________ E-mail: ________________________

Print Name: _________________________________________________ Title: ____________________

Signature: ___________________________________________________ Date: _______________________

Request for Proposals

January 3, 2024 http://www.nnrha.com/ mailto:cmccullough@nnrha.org

I. BACKGROUND

The Newport News Redevelopment and Housing Authority operates under Title 36 of the Code of Virginia and is governed by a Board of Commissioners appointed by the Newport News City Council. An Executive Director, approved and retained by the Board, oversees day to day operations of the Authority. NNRHA administers a number of public and subsidized housing programs throughout the City of Newport News. NNRHA operates under a number of Annual Contribution Contracts with the United States Department of Housing and Urban Development (HUD). The majority of the Authority revenue is derived from dwelling unit rentals and federal subsidies/grants.

The Authority owns and manages 830 public housing units, 458 RAD units, 155 Section 8 units and 64 market rate units in fifteen communities and administers 3068 Housing Choice Vouchers. The Authority serves as Administrator of the City’s Community Development Block Grant and Home Investment Partnership Programs.

In addition, to being governed by state and local law, Authority programs are undertaken in accordance with HUD regulations. The Authority currently oversees activities in one (1) approved Title 36 (Code of Virginia) redevelopment project and other revitalization areas approved by the City of Newport News.

II. Statement Of Need

The Authority requires the services of an experienced consultant or firm with expertise in succession planning and the ability to create processes that will identify, develop and maintain institutional knowledge of the organizations operations. The plan is to develop an existing talent pool that positions staff to advance to more challenging roles within the organization.

Our goal is to develop existing talent through preparation (not pre-selection) to advance or fill in the gap and capture critical operational information during staff transitions, resulting in minimal disruption of operations. The succession plan will include all classifications. We have approximately 30 classifications.

III. Scope of Services

The Consultant will:

1. Develop a succession plan that will result in a career development path for each classification. The career development path will focus on the core competencies needed to be successful at the next level.

2. Provide recommendations and strategies for implementing the plan.

3. Develop an Orientation and Communications Plan that addresses current staff as well as new hires.

4. Develop guidelines for a succession plan committee that will address participant criteria and selection, participant retention, and other policy impact.

5. Develop strategies for gaining employee buy-in and managing negativity around the plan.

6. Provide copies of the succession plan.

7. Present the plan to the staff and Board of Commissioners if requested.

Succession Planning ATTACHMENT “A”

RFP #SP-01-24

PRICING SHEET

SUCCESSION PLANNING

In compliance with the proposal specifications incorporated herein and subject to the terms and conditions stated herein, the Offeror agrees to provide these services for the price indicated below.

TOTAL PRICE: $_________________________________________

COMPANY NAME: ______________________________________

SIGNATURE: _____________________________________________

PRINTED NAME: _________________________________

RFP #SP-01-24 Page 1 of 16 ATTACHMENT “B” Initial: _________

TERMS AND CONDITIONS

1. ADMINISTRATIVE APPEAL PROCEDURES: NNRHA has established an administrative procedure for hearing protests of a decision to award, or an award, appeals from refusals to allow withdrawal of bids or proposals, appeals from disqualification’s and determinations of non-responsibility, and appeals from decisions on disputes arising during the performance of the contract. Administrative appeals procedures can be obtained through the Division of Purchasing. If the dispute is regarding the contract, the Contractor shall proceed diligently with performance, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Procurement Officer or the Contracting Officer.

A protest of a decision to award or an award shall be submitted within ten (10) days after the award or the announcement of the decision to award, whichever occurs first. An appeal from refusal to allow withdrawal of a solicitation shall be submitted within ten (10) days after receipt of the decision. An appeal from a determination of non-responsibility shall be submitted within ten (10) days after receipt of the decision. An appeal from a decision resulting from a contract dispute shall be submitted within sixty (60) days after final payment; however, written notice of the Contractor’s intention to file such claim shall have been given at the time of the occurrence of the work upon which the claim is based.

Contractors are prohibited from placing a lien on NNRHA’s property. This prohibition shall apply to all Subcontractors.

2. ADVERTISEMENT: It is understood and agreed that, in the event a contract is awarded for the services included in this solicitation, no indications of such services to NNRHA will be used in any way in product literature or advertising without written approval of NNRHA except for bibliographical and curriculum vitae purposes and when required in response to a request for solicitation by a prospective client.

3. ANTI-DISCRIMINATION AND A DRUG FREE WORKPLACE: By submitting their bids or proposals, bidders or offerors certify to NNRHA that they will conform to the provisions of the Federal Civil Rights Act of 1964, 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 and 2.2-4312 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 public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body.

In every contract over $10,000 the following provisions apply. (1) During the performance of this contract, the Contractor agrees to: (a) Not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. (b) Provide a drug-free workplace for the Contractor’s employees. (c) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Also, 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. (d) In all solicitations or advertisements

RFP #SP-01-24 Page 2 of 16 ATTACHMENT “B” Initial: _________ for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer and maintains a drug-free workplace. (e) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

(2) The Contractor will include the provisions above in every subcontract or purchase order over $10,000, so that the provision will be binding upon each Subcontractor or vendor.

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

4. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to NNRHA 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 under said contract.

5. APPLICABLE LAW AND COURTS: This solicitation and any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the City of Newport News, VA. The Contractor shall comply with all applicable federal, state, local laws and regulations. The Contractor shall procure any permits and licenses required for its business as the services to be provided by it hereunder.

6. ASBESTOS: Whenever and wherever during the course of performing any work under this contract, the

Contractor discovers the presence of asbestos or suspect that asbestos is present; the Contractor shall stop the work immediately, secure the area, notify the building owner and await positive identification of the suspect material. During the downtime in such a case, the Contractor shall not disturb any surrounding surfaces but shall protect the area with suitable dust covers. In the event the Contractor is delayed due to the discovery of asbestos or suspected asbestos, then a mutually agreed extension of time to perform the work shall be allowed the Contractor but without additional compensation due to the time extension.

7. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of NNRHA.

8. 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, whichever is sooner. The agency, its authorized agents, and/or state and federal auditors shall have full access to and the right to examine any of said materials during said period.

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

10. AWARD OF CONTRACT: Formal and informal bids and proposals will be awarded to the lowest responsible and responsive bidder(s) or most suitable offeror. The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of NNRHA, and the delivery terms will be taken into consideration in making an award. Length of time for delivery as well as price may be considered in awarding of the contract. NNRHA is not liable for any cost incurred by the Contractor prior to issuance of a contract.

NNRHA also reserves the right to make multiple awards, by line item, lot, award based on overall lowest pricing, cancel or reject any or all bids or proposals, in whole or in part, to waive informalities and to delete

RFP #SP-01-24 Page 3 of 16 ATTACHMENT “B” Initial: _________ items prior to making the award, whenever it is deemed in the sole opinion of NNRHA to be in its best interest. Nothing herein shall bind NNRHA to purchase any services or specified quantity of an item/product.

Be it further understood that NNRHA shall not be obligated to purchase or pay for any services or product listed unless and until officially ordered and received by NNRHA. NNRHA also reserves the right not to award a contract pursuant to this solicitation.

11. BID/OFFER ACCEPTANCE PERIOD: Any bid or offer in response to a solicitation shall be valid for ninety (90) days. At the end of the ninety (90) days the bid or offer may be withdrawn at the written request of the Bidder or Offeror. If the bid or offer is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

12. CANCELLATION OF CONTRACT: NNRHA reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon thirty (30) days written notice to the Contractor. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

13. CHANGES TO THE CONTRACT: 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. However, the terms and conditions of the contract will not change.

NNRHA may order changes within the general scope of the contract at any time by written notice to the Contractor. Such changes, including any increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon by and between the NNRHA and the Contractor, shall be incorporated in writing with a modification to the contract.

Contractor shall not perform any work that would result in exceeding the dollar limitation of this contract and/or purchase order without first supplying a quotation and obtaining written approval from the Division of Procurement.

14. CLEAN AIR AND WATER EPS, ENERGY EFFICIENCY (APPLICABLE TO CONTRACTS IN

EXCESS OF $100,000): The Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C.

1368), Executive Order 11738, EPA regulations (40 CFR Part 15) and Energy Policy and Conservation Act (Pub.

L. 94-163).

15. CONFLICT OF INTEREST: The Contractor warrants that he has fully complied with the State and Local

Government Conflict of Interests Act (Section 2.1-639.1 et seq. of the Code of Virginia), The Virginia Governmental Frauds Act (Section 18.2-498.1 et seq.), Articles 2 and 3 of Chapter 10 (Crimes Against the Administration of Justice) of Title 18.2, and article 4 (Ethics in Public Contracting) of the Public Procurement Act (section 11-72 et seq.).

16. CONTRACT DOCUMENTS: The contract entered into by the parties shall consist of this solicitation, the signed bid or proposal submitted by the Contractor, the notice of award, purchase order, the general and special terms and conditions, and specifications with drawings, if any, including all addenda or modifications thereof, all which shall be referred to collectively as the Contract Documents.

17. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) AS NNRHA’S AGENT:

RFP #SP-01-24 Page 4 of 16

NNRHA will provide the Contractor the name of the designated representative(s) to administer this contract with the following responsibilities:

A. Coordinating with the Contractor when services are needed and when they will begin.

B. Day to day coordination of this service and assurance that services are delivered in accordance with the contract terms and conditions and purchase order.

C. Promptly address problems or deviations from contract requirements or terms and conditions. If the problems or contract deviations continue, forward written vendor complaint, including recommended solutions, to the Procurement Officer so that adequate corrective action can be taken.

D. Assurance that the contract dollar amount or terms and conditions are not exceeded, increased, decreased or modified in anyway without prior authorization from the Procurement Officer. If a modification or revision is required, supply the Procurement Officer with an approved change order request.

E. After completion, promptly sign and date documents indicating the work has been completed and accepted.

F. Complete and submit periodic evaluations of Contractor performance to the Procurement Officer.

18. CONTRACTOR PERSONNEL: The Contractor represents that it will secure, at its own expense, all personnel necessary to perform the required services hereunder. Such personnel shall not be employees of NNRHA nor shall they have any contractual relationship with NNRHA. All commitments made by the Contractor in the bid or proposal with respect to (i) the Contractor’s qualifications and its satisfaction of mandatory requirements in the IFB or RFP and (ii) the number and qualifications of its personnel to be assigned to this Contract, shall be incorporated herein by this reference.

All the required services will be performed by the Contractor or under its supervision, and all personnel employed by the Contractor shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. The Contractor shall not reassign any personnel specifically designated in the Bid or Proposal to perform services under this Contract without NNRHA’s prior approval. The Contractor certifies that it will comply with NNRHA’s request for the reassignment of any employee performing the required services hereunder when NNRHA determines, in its reasonable opinion that such employee is not suited to work on this Contract. Evidence of qualifications shall be made available to NNRHA upon request.

19. CONTRACTOR REGISTRATION: For construction contracts involving removal, repair or improvement of a building or other real property the following license is required.

Class A Contractors License: when the total value of a single contract or project is $120,000.00 or more, or is $750,000.00 or more over a 12 month period. The qualified individual identified for this license must have at least 5 years of experience.

Class B Contractors License: when the total value of a single contract or project is $10,000.00 or more, but less than $120,000.00, or is $150,000.00 or more, but less than $750,000.00 over a 12 month period. The qualified individual identified for this license must have at least 3 years of experience.

Class C Contractors License: when the total value of a single contract or project is over $1,000.00 but no more than $10,000.00, or is no more than $150,000.00 over a 12 month period. The qualified individual identified for this license must have at least 2 years of experience.

RFP #SP-01-24 Page 5 of 16 ATTACHMENT “B” Initial: _________

Specialty designations beyond general contracting might include Plumbing or HVAC and will require further licensure.

The Board shall require a master tradesmen license as a condition of licensure for electrical, plumbing, heating, ventilation and air conditioning contractors.

Indicate what type of Contractor’s license you hold and your Specialty.

Licensed Class A Virginia Contractor No _______________ Specialty____________ Licensed Class B Virginia Contractor No _______________ Specialty____________ Licensed Class C Virginia Contractor No _______________ Specialty____________

If the bidder or offeror shall fail to provide this information in the bid/proposal or on the envelope containing the bid/proposal and shall fail to promptly provide their Contractor license number in writing when requested to do so before or after the opening of bids/proposals, they shall be deemed to be in violation of 54.1-1115 of the Code of Virginia (1950), as amended, and the bid/proposal will not be considered.

If the bidder fails to obtain the required license prior to submission of their bid, the bid shall not be considered.

20. COPYRIGHT/PATENTS: The Contractor guarantees to defend and save NNRHA, its agents and employees, harmless from liability, loss, damage and expense including reasonable counsel fees, resulting from any actual or claimed trademark, copyright, composition, secret process, patented or unpatented invention infringement, or any litigation based thereon, with respect to any part of the goods or services covered by this order.

21. DEBARMENT/ SUSPENDED STATUS: By submitting their response, bidders/offerors certifies, to the best of it’s knowledge that they are not currently debarred or suspended by NNRHA, the Commonwealth of Virginia or the Federal Government from submitting offers or proposals on contracts of 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 or suspended.

22. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, NNRHA, after oral and 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 NNRHA, state and federal laws have in place.

23. EQUAL OPPORTUNITY FOR BUSINESS AND UNEMPLOYED AND UNDEREMPLOYED

PERSONS (HUD ACT OF 1968, SECTION 3):

In accordance with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C.

1701u, the Contractor shall, to the maximum extent practicable:

(A) Provide training and employment opportunities to the unemployed and underemployed residents of the unit of local government or the metropolitan area (or non-metropolitan county) in which the project is located; and

(B) Award contracts for work in connection with the project to business concerns, which are located in or owned in substantial part by persons residing in the same metropolitan area or non-metropolitan County as the project.

The Contractor shall insert or cause to be inserted this same provision in each subcontract.

RFP #SP-01-24 Page 6 of 16

24. ETHICS IN PUBLIC CONTRACTING: By signing their response, bidders/offerors certify that their bid/offer is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bids, 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. NNRHA may recover the value of anything conveyed in violation of this subsection. Any false statement hereunder constitutes a felony and can result in a fine and imprisonment as well as civil damages.

25. FACSIMILE SOLICITATIONS/REVISIONS

A. Unsealed Bids/Unsealed Proposals and their Revisions: May be accepted when using small purchase procedures. Facsimile bids, proposals and revisions to these must be completely received in the Purchasing Division prior to the date and time specified for receipt. The original copy of the facsimile transmission may be requested, if requested, must be received within five (5) business days. The Procurement Officer will designate the timing device used to document the receipt of bids; time printed on the top of the facsimile copy will not govern the time of receipt.

B. Sealed Bids/Sealed Proposals/Revisions: Will be accepted from a third party or an agent of the bidder, provided that the bids are submitted in a sealed envelope prior to the date and time specified for receipt.

NNRHA staff shall not be considered as a third party. The bidder/offeror is responsible for arranging the third party involvement and for faxing the complete bid to the third party, not just a summary or the cover sheet. The original bid and addenda may be requested and, if requested, must be received within five (5) business days. The Procurement Officer will designate the timing device used to document the receipt of bids or proposals. Additionally, vendors may appear at the offices of 227 27th Street with proper company and personal identification to make revisions. All revisions must be initialed by the person making the change. Bid must be returned to the Purchasing Division prior to due date and time to be considered. NNRHA will not accept revisions written on the outside of the sealed envelope.

26. INDEMNIFICATION: The Contractor, its heirs, legal representatives, next of kin, successors and assigns agrees to indemnify, defend and hold harmless NNRHA, its members, Commissioners, officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor, any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of NNRHA or to failure of NNRHA to use the materials goods, or equipment in the manner already and permanently described by the Contractor.

27. IDENTIFICATION OF BID/PROPOSAL/MODIFICATION: Submittal package will be sealed and identified as follows:

From: _____________________________________ _________________________ Name of Bidder/Offeror Due Date & Time

Bidder/Offeror Address

Solicitation No. & Solicitation Title

Attn: Procurement Officer

RFP #SP-01-24 Page 7 of 16

28. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bid/proposal, bidders/offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

29. INSURANCE: By signing and submitting a bid/proposal under this solicitation, the Bidder/Offeror certifies that if awarded the contract, they will have the following insurance coverage at the time the contract is awarded. The Contractor will have five (5) working days, upon notice of intent to award, to supply the Certificate of Insurance. The Bidder/Offeror further certifies that the Contractor and any Subcontractors will maintain this insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. The Contractor’s insurance company will supply a Certificate of Insurance listing the below required limits and the Certificate of Insurance shall name NNRHA as an additional insured

A. Minimum Insurance Coverages and Limits Required For Most Contracts:

B. Worker’s Compensation – The Contractor shall also obtain and maintain worker’s compensation insurance as required by statutory requirements and benefits, and in such policy limits as mandated, by the State and shall require any Subcontractor engaged by the Contractor to satisfy such requirement as well. Coverage is compulsory for employers of three or more employees, to include the employer.

Contractors who fail to notify NNRHA of increases in the number of employees that change their worker’s compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

C. Automobile Liability (minimum) – $1,000,000 combined single limit.

D. Commercial General Liability (minimum) – $1,000,000 per occurrence, $2,000,000 general aggregate, including $100,000 for fire damage. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage.

NNRHA must be named as an additional insured and so endorsed on the policy. The insurance for the additional insured shall be as broad as and at the same limits as that of the insured. Insurance shall be primary and any insurance maintained by the additionally insured shall be excess and non-contributory until all the limits of insurance have been exhausted through the payment of claims. All rights of subrogation are waived for the policies listed.

E. The Contractor shall indemnify, hold harmless and defend NNRHA, its officers, agents, servants, and employees from and against any claims, demands, losses, liabilities, and damages, causes of actions and costs and expenses of whatsoever kind or nature arising from or related to:

1) the provision of services by or the failure to provide any services or the use of any services or materials furnished (or made available) by the Contractor or its agents, servants or employees;

2) any conduct or misconduct of the Contractor or its agents, servants or employees not included in subparagraph (1) hereof and for which, its agents, servants or employees are alleged to be liable;

3) the negligence or other actionable fault of any Subcontractors engaged by the Contractor; or

4) claims, suits, actions or proceedings of whatsoever nature that are brought by the Contractor’s employees, candidates for employment and statutory employees, as determined under the State worker’s compensation laws.

RFP #SP-01-24 Page 8 of 16

If insurance is due to expire or renew during any contract period, it is the responsibility of the Contractor (including Subcontractors, as applicable) to furnish and assure that NNRHA, Division of Purchasing is in receipt of a current insurance certificate noting evidence of coverage. Expired insurance coverage during the course of any contract can be cause for immediate termination of all work, removal from NNRHA properties and cancellation of all contracts. Newport News Redevelopment & Housing Authority, P.O. Box 797, Newport News, VA 23607, will be named as additional insured on the certification with respect to the services being procured.

If the Contractor fails to supply the Procurement Officer the required certificate, the intent to award will be cancelled. Please see additional insurance requirements on HUD Form 5370 pertaining to builders risk insurance.

30. INTEREST OF MEMBERS OF CONGRESS: No member of or delegate to the Congress of the United

States of America shall be admitted to any share or part of this contract or to any benefit that may arise there from.

31. INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES AND FORMER MEMBERS, OFFICERS,

OR EMPLOYEES: No member, officer, or employee of NNRHA, no member of the governing body of the locality in which the project is situated, no member of the governing body of the locality in which NNRHA was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.

32. LIMITATIONS ON PAYMENTS MADE TO INFLUENCE CERTAIN FEDERAL FINANCIAL

TRANSACTIONS:

A. The Contractor agrees to comply with Section 1352 of Title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement, or the modification of any Federal contract, grant, loan, or cooperative agreement.

B. The Contractor further agrees to comply with the requirement of the Act to furnish a disclosure (OMB

Standard Form LLL, Disclosure of Lobbying Activities) if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement.

C. Indian Tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian

Self-Determination and Education Assistance Act (25 U. S. C. 450B) are exempt from the requirements of this clause.

33. MANDATORY USE OF NNRHA FORMS AND TERMS AND CONDITIONS: Failure to submit a bid/offer on the official NNRHA forms provided for that purpose may be a cause for rejection of the bid/offer.

Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the bid/offer; however, NNRHA reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a solicitation.

34. MINORITY BUSINESS PARTICIPATION: The Contractor shall use its best efforts to comply with the commitment it has made in the Bid/Offer relative to the participation of businesses primarily (at least 51%)

RFP #SP-01-24 Page 9 of 16 ATTACHMENT “B” Initial: _________ owned by minorities, women or public housing residents or small businesses (collectively, ‘Disadvantaged Business Enterprises’) in the performance of this Contract. By executing this Contract, the Contractor accepts the right of NNRHA to appoint an employee to monitor the Contractor’s compliance with the commitments and requirements of this paragraph. The Contractor agrees to promptly submit reports to NNRHA on request detailing the level of participation by Disadvantaged Business Enterprises in this Contract. NNRHA shall have the right to review all relevant documents of the Contractor relating to the participation of Disadvantaged Business Enterprises in this Contract on an ongoing basis. NNRHA reserves the right to evaluate the Contractor’s performance with regard to the commitments and requirements of this paragraph on an annual basis.

The Contractor shall take the following steps to assure that, whenever possible, subcontracts are awarded to minority firms, women's business enterprises, and labor area firms:

A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

B. Assuring that small and minority businesses and women business enterprises are solicited whenever they are potential sources;

C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises;

D. Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; and

E. Using the services and assistance of the U.S. Small Business Administration, the Minority Business

Development Agency of the U.S. Department of Commerce, and State and Local governmental small business agencies.

When such business has been subcontracted to these firms and upon completion of the contract; the Contractor agrees to furnish the purchasing office the following information: Name of firm, phone number, total dollar amount subcontracted, and type of product/service provided.

35. MULTIPLE CONTRACTORS ON SITE: NNRHA reserves the right to let other contracts in connection with this project or any other project. Contractors are expected to allow opportunity for the introduction of materials and the performance and the coordination of work with each other. If work by the other Contractor impacts your work according to plans and specifications, it is the Contractor's responsibility to notify NNRHA COTR or Procurement Officer immediately.

36. NO WAIVER: No failure or delay by a party to insist on the strict performance of any term of this Contract, or to exercise any right or remedy consequent on a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. Neither this Contract nor any of its terms may be changed or modified, waived, or terminated (unless as otherwise provided hereunder) except by an instrument in writing signed by the party against whom the enforcement of the change, waiver or termination is sought. No waiver of any breach shall affect or alter this contract, but each and every term of this Contract shall continue in full force and effect with respect to any other than existing or subsequent breach thereof. The remedies provided in this Contract are cumulative and not exclusive of the remedies provided by law or in equity.

RFP #SP-01-24 Page 10 of 16

37. NOTICES:

A. Any notice, instruction, request or demand required to be given or made to the Contractor hereunder shall be deemed to be duly and properly given or made if delivered or mailed, postage pre-paid, to the Contractor.

B. Any notice, request, information, or documents required to be given or delivered hereunder by the

Contractor to NNRHA or to any of its representatives, unless stated otherwise in this Contract, shall be signed or approved in writing by the Contractor, and shall be sufficiently given or delivered if mailed, certified or registered, postage prepaid to:

Newport News Redevelopment & Housing Authority Division of Purchasing 227 – 27th Street Newport News, VA 23607 ATTN: Procurement Officer

Or to such representative or address as may be designated in writing to the Contractor.

38. OBLIGATION OF BIDDER/OFFEROR: By submitting a bid/offer, the bidder/offeror agrees that they have satisfied themselves, from their own investigation of the conditions to be met, and their obligation. The Contractor will not make any claim for, or have right to cancellation or relief from the contract because of any misunderstanding or lack of information.

39. ORDERING: Any supplies and services to be furnished under this contract may be ordered by issuance of delivery orders by the individuals or activities designated in the solicitation. Such orders may be issued from the date of award through the expiration or termination of this contract. All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall prevail.

40. PAYMENT: The prime Contractor is to submit invoices for services rendered directly to P.O. Box 797, Newport News, VA 23607. All invoices shall refer to the contract and/or purchase order number; social security (for individual Contractors) on the federal employer identification number (for proprietorships, partnerships, and corporations). Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or acceptance, whichever occurs last. However, this shall not affect discounts for payment in less than 30 days. All goods and services provided under this contract/purchase order, which will be paid for with public funds, shall be billed by the Contractor at the contract prices, to include, itemization of charges. Contract will be performance based and fees will not be paid until the service or supplies, as defined in the response to these contract documents have been provided and accepted in the manner specified.

The following shall be deemed to be the date of payment after receipt of invoice: 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 under the Virginia Debt Collection Act.

A. Unreasonable Charges

Upon determining that invoiced charges are not reasonable, the NNRHA shall promptly notify the Contractor, in writing, as to those charges which it considers unreasonable, and the basis for the determination. 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. A Contractor may not institute legal

RFP #SP-01-24 Page 11 of 16 ATTACHMENT “B” Initial: _________ action unless a settlement cannot be reached within thirty days of notification. The provisions of this section do not relieve NNRHA of its prompt payment obligations with respect to those charges, which are not in dispute (Code of Virginia § 2.2-4352).

B. Delays in Payment

NNRHA will make payment upon satisfactory completion, within thirty days. If work is not to the satisfaction of the COTR, the COTR will contact the Contractor to remedy the situation. Contractor will advise the COTR, in writing, of day and time task will be completed. If a new schedule is approved by COTR, and if the task is not completed within that time frame, NNRHA may proceed with default procedures. Reasons for not accepting Contractors work, and delaying payments, may include but are not limited to:

1. Submitting invoice without final inspection approval by COTR.

2. Incorrect Invoice, (i.e.) not billing according to the purchase order or contract.

3. Creating safety hazards.

4. Contractor failing to communicate completion of work.

41. PERFORMANCE AND PAYMENT BONDS: The successful bidder/offeror shall deliver to the purchasing office executed Commonwealth of Virginia Standard Performance and Labor and Material Payment Bonds, each in the sum of the contract amount, with the NNRHA as obligee. The surety shall be a surety company or companies approved by the State Corporation Commission to transact business in the Commonwealth of Virginia and acceptable to HUD and the Authority. No payment shall be due and payable to the Contractor, even if the contract has been performed in whole or in part, until the bonds have been delivered to and approved by the purchasing office. Standard bond forms will be provided by the purchasing office prior to or at the time of award.

When the value of work for a General Contractor exceeds $50,000.00 during the contract period (this includes initial award and all subsequent renewals), the General Contractor shall provide the Agency these bonds.

42. PRIME CONTRACTOR’S RESPONSIBILITIES: The Contractor shall be responsible for completely supervising and directing the work under this contract and all Subcontractors that he may utilize, using their best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime Contractor. The Contractor agrees to being as fully responsible for the acts and omissions of Subcontractors and of persons employed by them as they are for the acts and omissions of their own employees. The Contractor shall be responsible for maintaining satisfactory standards of employee’s competency conduct courtesy, appearance, honesty, and integrity and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary. Additionally, the prime Contractor shall:

A. Ascertain that all services and work will be performed in a professional workman-like manner acceptable to NNRHA and consistent with accepted professional standards. If the Contractor or their staff is other than professional with residents or NNRHA staff, the Contractor may be found in default of this contract.

B. Insert appropriate clauses in all subcontracts to bind Subcontractors to the terms and conditions of this contract insofar as they are applicable to the work of Subcontractors.

C. Within seven (7) days after receipt of amounts paid to the Contractor for services rendered by the subcontract either:

1. Pay the Subcontractor for the proportionate share of the total payment received from the agency attributable to the work performed by the Subcontractor under the contract; or

RFP #SP-01-24 Page 12 of 16 ATTACHMENT “B” Initial: _________

2. Notify the agency and Subcontractor, in writing, of the intention to withhold all or a part of the Subcontractor's payment with the reason for nonpayment.

D. Pay interest on all amounts owed to Subcontractor that remain unpaid after seven days following receipt of payment by the agency, except for amounts withheld as allowed in ‘C-2’ above. “Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.” A contract modification shall not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amounts for reimbursement for the interest charge. Your obligation to pay interest to a Subcontractor shall not be construed to be an obligation of

NNRHA.

E. Provide your social security number and if a proprietorship, partnership or corporation provide your federal employee identification number, space provided on cover sheet of this package.

F. Include in each of its subcontracts a provision requiring all Subcontractors to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier Subcontractor.

G. Not purchase any materials or supplies pertaining to this contract that is subject to any chattel mortgage or under conditional sales or other agreement by which an interest is retained by the seller. The Contractor warrants that there is clear title to all materials and supplies for all items invoiced for payment. This clause also pertains to all Subcontractors participating in this contract.

H. Repair, to NNRHA satisfaction, any damage, including damage to finished surfaces, resulting from the performance of this contract.

43. PROTECTION OF PERSON AND PROPERTY:

A. The Contractor expressly undertakes both directly and through its Subcontractors, to take every precaution at all times for the protection of persons and property, including NNRHA’s employees and property. The Contractor shall make good any such damage injury or loss, except such as may be directly due to errors in the contract documents or caused by agents or employees of NNRHA. The Contractor shall adequately protect adjacent property as provided by law and the Contract documents, and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority, local conditions, or any of the contract documents.

B. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work and in accordance with all State and Federal regulations.

C. In an emergency affecting the safety of the work, life of individuals or the adjoining property, the Contractor shall act immediately without special instruction or authorization from NNRHA.