24-29-KB JOC

Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 1 of 22 Plumbing, & HVAC COUNTY OF SPOTSYLVANIA REQUEST FOR PROPOSAL (RFP) 24-29-KB FOR JOB ORDER CONTRACTING SERVICES FOR GENERAL CONSTRUCTION, ELECTRICAL, PLUMBING, & HVAC 3/11/2024 NAME OF SOLICITING PUBLIC BODY COUNTY OF SPOTSYLVANIA, PROCUREMENT DIVISION P.O. BOX 215, 8800 COURTHOUSE ROAD, 2ND FLOOR ROOM 414 SPOTSYLVANIA, VA 22553 PROPOSAL DUE DATE AND TIME: Sealed Proposals will be received until 4/16/2024 at 2:00 PM for Job Order Contracting services described herein. No late proposals will be accepted. Please check for updates prior to submitting a bid to ensure timely delivery to the Procurement Department and refer to Attachment A of this solicitation for information to bidders and specific bid drop off procedures. PRE-PROPOSAL CONFERENCE: ☒Mandatory ☐Non-Mandatory Date: Wednesday, March 20, 2024 Time: 9:30 AM WebEx Link:

href="https://spotsylvania-county.webex.com/spotsylvania-" target="_blank">https://spotsylvania-county.webex.com/spotsylvania- county/j.php?MTID=m8e564656a85c13bb85fd8e64909b98a2 Meeting Number: 2330 802 3030 Meeting Password: zWRMCy7WJ52 Join by Phone: 1-844-992-4726 Access Code: 23308023030 QUESTIONS DUE DATE AND TIME: Questions and Inquiries from Offerors must be received by the Spotsylvania County Procurement Division by Wednesday, April 3, 2024 at noon. Questions must be emailed to Katie Baird, Senior Procurement Officer, at KBaird@spotsylvania.va.us. The County is not responsible for verbal clarification of information provided by parties other than staff of the Procurement Division. All updates are posted on the Spotsylvania County website at https://www.spotsylvania.va.us/374/Solicitations and www.eva.virginia.gov. It is the responsibility of the Offeror to check for additional updates prior to submission of proposal. https://spotsylvania-county.webex.com/spotsylvania-county/j.php?MTID=m8e564656a85c13bb85fd8e64909b98a2 https://spotsylvania-county.webex.com/spotsylvania-county/j.php?MTID=m8e564656a85c13bb85fd8e64909b98a2 https://www.spotsylvania.va.us/374/Solicitations http://www.eva.virginia.gov/ Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 2 of 22 Plumbing, & HVAC The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions. Further, the party certifies that all information submitted in response to this RFP is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By-Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract. Name and Address of Firm: Date: By: (Signature in Ink by Officer of the Corporation) Name (Print): Zip Code: Title: Phone: ( ) Fax: ( ) E-mail: State of Incorporation: Unique Entity Identifier (UEI#)/ DUNS #: State Corporation Commission #: Are you, any member of your immediate family, or any person part of your company that if awarded will provide services for the County of Spotsylvania either employed by the County or a member or part of any County committee, board or commission? Check One: ☐ YES ☐ NO If yes, please explain: Receipt of the following Addenda is acknowledged (list all): Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated (RETURN THIS FORM) Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 3 of 22 Plumbing, & HVAC TABLE OF CONTENTS I. PURPOSE............................................................................................................................................. 4 II. BACKGROUND .................................................................................................................................. 4 III. CONTRACT TERM AND PRICE INCREASES ............................................................................... 4 IV. CONTRACT OVERVIEW .................................................................................................................. 5 V. INSTRUCTIONS TO OFFERORS ..................................................................................................... 6 VI. PROPOSAL REQUIREMENTS ......................................................................................................... 8 VII. PROPOSAL SUBMISSION .............................................................................................................. 10 VIII. PROPOSAL EVALUATION CRITERIA ........................................................................................ 13 IX. TERMS AND CONDITIONS ............................................................................................................ 13 ATTACHMENTS A – INFORMATION TO BIDDERS B – TRADE SECRETS/PROPRIETARY INFORMATION IDENTIFICATION C – VENDOR AUTHORIZATION FORM D – REFERENCES E1 – COMPARABLE CONSTRUCTION EXPERIENCE, FOR PROJECTS LESS THAN $50,000 (MAXIMUM OF FIVE PROJECTS) E2 – COMPARABLE CONSTRUCTION EXPERIENCE, FOR PROJECTS BETWEEN $50,000 AND $500,000 (MAXIMUM OF TWO PROJECTS) F1– KEY PERSONNEL: PROJECT MANAGER F2 – KEY PERSONNEL: GENERAL FIELD SUPERINTENDENT G – COST PROPOSAL (ADJUSTMENT FACTORS) H – TRADE CATEGORIES I – JOC GENERAL CONDITIONS J – JOC SUPPLEMENTAL CONDITIONS K – CONSTRUCTION TASK CATALOG® - https://fortive.box.com/s/witmrocuwsoxitn309l4g0vscjvugbkz H – TECHNICAL SPECIFICATIONS - https://fortive.box.com/s/witmrocuwsoxitn309l4g0vscjvugbkz https://fortive.box.com/s/witmrocuwsoxitn309l4g0vscjvugbkz https://fortive.box.com/s/witmrocuwsoxitn309l4g0vscjvugbkz Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 4 of 22 Plumbing, & HVAC I. PURPOSE The County of Spotsylvania, Virginia, invites written proposals from qualified firms to establish a contract through competitive negotiation to provide Job Order Contracting services for the following trades: General Construction, Electrical, HVAC, and Plumbing. Spotsylvania County (“County”) intends to contract for the above delineated services as detailed in the Scope of Services contained in Section IV of this RFP. II. BACKGROUND Spotsylvania County blends over 400 square miles of beautiful rural landscapes with an energetic, growing community. It is one of Virginia's fastest-growing counties, largely because of its desirable location along Interstate 95, midway between metropolitan Washington, D.C, and Richmond. The County currently has an estimated population of 140,000. Spotsylvania County seamlessly combines more than 400 square miles of picturesque rural scenery with a vibrant and expanding community. Positioned strategically along Interstate 95, midway between the bustling metropolises of Washington, D.C., and Richmond, it has become one of Virginia's fastest-growing counties. With a current estimated population of 140,000 residents, the county's allure lies in its desirable location and the unique blend of rural charm and urban accessibility. In a proactive move to efficiently address construction needs, Spotsylvania County is set to award Job Order Contracts. This innovative contracting tool aims to provide the county with the agility to swiftly undertake high- quality construction projects, ensuring excellence at a fair and reasonable cost. III. CONTRACT TERM AND PRICE INCREASES A. Contract Term Any contract resulting from this RFP shall have a term limit of one-year and may be renewable for two (2) additional one-year terms at the option of Spotsylvania County. Each additional year shall be referred to individually as a “Renewal Period”. Said renewal period shall occur automatically unless written notice is given by the COUNTY no later than ten (10) days before the expiration of the current period. All Job Orders issued during any term of this Contract shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such period has expired. All terms and conditions of the Contract apply to each Job Order. B. Price Increases The Construction Task Catalog® issued with the bid will be in effect for the first year of the Contract. On the anniversary of the Contract, a new Construction Task Catalog® will be furnished. The new Construction Task Catalog® will be effective for the twelve (12) month period after the Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 5 of 22 Plumbing, & HVAC anniversary of the effective date of the Contract. The Construction Task Catalogs® that accompany each anniversary shall only apply to Job Orders issued after the effective date of that specific renewal option and shall have no impact on Job Orders issued prior to the effective date of that specific renewal option. The Adjustment Factors submitted with the Bid Proposal shall be used for the full term of the Contract, plus any Option Terms. On the annual anniversary of the Contract, the Owner shall issue the Contractor a new Construction Task Catalog®. The Contractor will be issued the new Construction Task Catalog® for review prior to accepting new Work. The Contractor shall use the Construction Task Catalog® in effect on the date that the Job Order is issued. However, the Contractor cannot delay the issuance of a Job Order to take advantage of a scheduled update of the Construction Task Catalog®. In that event, the Contractor shall use the Construction Task Catalog® that would have been in effect without the delay. IV. CONTRACT OVERVIEW A Job Order Contract is an indefinite quantity construction contract pursuant to which the Contractor may perform an ongoing series of individual Projects at different locations and facilities under the jurisdiction of the Owner. Job Order Contracting is typically used for small to medium sized repair and rehabilitation work, replacement in kind projects, and minor new construction. The County is seeking to award separate Contracts in the following disciplines: • General Construction • Electrical* • HVAC* • Plumbing* The Contract Documents include a Construction Task Catalog® containing Prepriced Tasks for construction work with preset Unit Prices. All Unit Prices are based on local labor, material and equipment costs and are for the direct cost of construction. Bidders will bid three Adjustment Factors. The first two Adjustment Factors are to be applied to the Unit Prices contained in the Construction Task Catalog®. One Adjustment Factor for performing work during Normal Working Hours and a second Adjustment Factor for performing work during Other Than Normal Working Hours. The same two Adjustment Factors apply to every Pre-priced Task in the Construction Task Catalog®. Bidders will also bid a third Non- Prepriced Adjustment Factor to be applied to Non-Prepriced Work. As Projects are assigned, the Contractor will attend a Joint Scope Meeting with the Owner to review and discuss the proposed work. The Owner will prepare a Detailed Scope of Work and issue a Request for Job Order Proposal to the Contractor. The Contractor will then prepare a Job Order Proposal including a Price Proposal, construction schedule, list of proposed subcontractors, and other requested documentation. The value of the Price Proposal shall be determined by summing the total of the following calculation for each Prepriced Task: Unit Price x quantity x Adjustment Factor, plus the value of all Non-Prepriced Tasks. The Job Order Price shall equal the value of the approved Price Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 6 of 22 Plumbing, & HVAC Proposal. If the Job Order Proposal is found to be complete and accurate, the Owner may issue a Job Order to the Contractor. A Job Order will reference the Detailed Scope of Work and set forth the Job Order Completion Time and the Job Order Price. The Contractor will be paid the Job Order Price for completing the Detailed Scope of Work within the Job Order Completion Time. Extra work, credits, and deletions will be contained in a Supplemental Job Order. *Self-Performance Requirement: Offerors proposing for the Electrical, Plumbing, or HVAC trade categories must have the ability to meet or exceed the self-performance requirements. For these trade categories, the Offeror shall perform with its own organization and forces not less than 51% of the total amount of labor hours performed at the project site through the working foreperson level. The self-performance percentage does not include field superintendents or office management personnel. V. INSTRUCTIONS TO OFFERORS A. This procurement shall be conducted in accordance with the competitive negotiation procedures of the Spotsylvania County Procurement Policy. The Procurement Policy is available at: https://www.spotsylvania.va.us/377/Spotsylvania-County-Policies. B. Questions or requests for clarification shall be submitted in writing. All responses to inquires will be in writing in the form of a written addendum and will be posted on the Spotsylvania County website at http://www.spotsylvania.va.us/374/Solicitations and www.eva.virginia.gov. Questions from Offerors must be received by the Spotsylvania County Procurement Division by the date identified on Page 1 of this solicitation in order to ensure that the answers can be sent and received by the prospective Offerors for their consideration prior to the proposal due date. C. Four (4) copies and one (1) original indicated as “Original” of Proposals, along with an electronic copy of the proposal and attachments on a virus free flash drive, either in Microsoft Word or PDF format shall be submitted to the addressed on Page 1. Should the proposal contain proprietary information, Offeror shall provide one (1) additional electronic, redacted copy of the proposal and attachments with proprietary portions removed or blacked out. This copy shall be clearly marked “Redacted Copy”. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable. The County of Spotsylvania shall not be responsible for the Contractor’s failure to exclude proprietary information from this redacted copy. No other distribution of the proposal shall be made by the Offeror. D. All Proposals must be in a sealed envelope or box and clearly marked with the following information: "Sealed Proposal, RFP #24-29-KB, Job Order Contracting Services for General Construction, Electrical, Plumbing, and HVAC” and company name and address. Proposals not so marked or sealed may be returned to the Offeror and will not be considered. https://www.spotsylvania.va.us/377/Spotsylvania-County-Policies http://www.spotsylvania.va.us/374/Solicitations http://www.spotsylvania.va.us/374/Solicitations http://www.eva.virginia.gov/ Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 7 of 22 Plumbing, & HVAC Proposals shall clearly indicate the legal name, address and telephone number of the Offeror (company, firm, partnership, or individual). Proposals shall be signed above the typed or printed name and title of the individual signing on behalf of the Offeror. All expenses incurred for submitting Proposals to Spotsylvania County shall be borne by the Offeror. All Proposals shall be received by the time and date identified on the front of this solicitation. E. All expenses incurred for submitting Proposals to Spotsylvania County shall be borne by the Offeror. All Proposals shall be received by the time and date identified on the first page of this solicitation. F. The time of receipt shall be determined by the time clock stamp in the Procurement Division, Room 414. Any Proposal received after this time and date will not be considered. Proposals will be returned to the Offeror unopened if received by special carrier or not accepted if hand delivered by Offeror. G. It is the Offeror’s sole responsibility to ensure timely submission of the proposal by the Spotsylvania County Procurement Division as the address and by the state time and date on Page 1. The County encourages early submission. NOTE: • Federal Express and other overnight delivery services do not guarantee morning delivery to Spotsylvania, VA. Next day delivery usually arrives in mid-to-late afternoon. • USPS deliveries require additional days from the post office to the procurement office. If you will be using one of these services for delivery of your proposal, please take this information into consideration. It is the Contractor’s responsibility to ensure that the package is delivered to the Procurement Division by the due date and time. H. Inclement Weather. In the event that Spotsylvania County is closed during the scheduled times for a pre-proposal conference, the pre-proposal conference will occur on the following business day that Spotsylvania County is open at the time previously scheduled and as stated in the RFP. I. The Offeror shall submit a proposal that demonstrates and provides evidence that the Offeror is able to provide suitable services and has the capabilities, professional expertise, and experience to provide the proposed construction work to Spotsylvania County. J. Offerors are responsible for familiarizing themselves with the conditions and objectives of the services described herein. K. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful but are not necessary. Depending on the overall response to the RFP, some individual "must" and Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 8 of 22 Plumbing, & HVAC "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal. L. Any vendor transacting business with Spotsylvania County requires an Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 to include in its proposal the identification number issued to it by the State Corporation Commission. Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its proposal a statement describing why the Offeror is not required to be so authorized. Include a copy of your State Corporation Commission Certificate and a list of officers with your proposal response. VI. PROPOSAL REQUIREMENTS A. The proposal shall provide information necessary for Spotsylvania County to evaluate the qualifications, experience, and expertise of the proposing firm to provide services identified herein. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. B. The written proposal shall contain concise information which responds to the requested submission. The Offeror is asked to address each evaluation criteria contained in Section VII, Proposal Evaluation Criteria and to be specific in presenting their qualifications. Responses should be as thorough and detailed as possible so that the County may properly evaluate the firm’s capabilities to provide the required services. C. The proposal shall clearly indicate primary contact and assigned personnel. Offeror shall provide the name of the Offeror and firm, if any, the address and telephone number, and the name and title of the primary and secondary individuals who would be responsible for providing these goods and/or services to the County. Proposals shall be signed by an authorized representative of the Offeror. All information requested shall be submitted. Failure to submit all information requested may result in the County of Spotsylvania requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete, or lack of key information may be considered nonresponsive by the County. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation. D. Proposal Format and Checklist. In order to facilitate the analysis of responses to this RFP, Offerors should prepare the proposal in accordance with the instructions outlined below and should structure the proposal so that it contains individual attachments requested. The Offeror must submit their proposal package with the following documents attached. Each document listed below shall be a separate attachment and titled as indicated. Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 9 of 22 Plumbing, & HVAC PART 1: CORPORATE PROFILE SUBMISSION. ☐ [Offeror’s Name]_Introductions Letter / Executive Summary (PDF or Word). ☐ [Offeror’s Name]_Signed RFP Cover sheet (PDF or Word) ☐ [Offeror’s Name]_Letter from Insurance Carrier Stating the Firm’s Experience Modification Rate (EMR) for the past three calendar years (PDF) ☐ [Offeror’s Name]_If applicable, a Justification Letter stating why the Firm’s EMR is greater than 1.0 in any year. (PDF or Word) ☐ [Offeror’s Name]_OSHA Form 300A – Work Related Injuries or Illnesses for past (36) Months (PDF) ☐ [Offeror’s Name]_OSHA Recordable Incident Rate (Year 2023) and OSHA Lost Days Away Incident Rate (Year 2023) (PDF) ☐ [Offeror’s Name]_Attachment B – Trade Secrets/Proprietary Information Identification (PDF or Word) ☐ [Offeror’s Name]_Attachment D – References ☐ [Offeror’s Name]_Virginia State Corporation Commission (SCC) Certificate (PDF or Word) ☐ [Offeror’s Name]_Attachment C – Vendor Authorization Form ☐ [Offeror’s Name]_Current Class A Contractor License Provide the Class A Contractor License. (PDF) ☐ [Offeror’s Name]_Attachment H – Trade Categories identifying trades being proposed. PART 2: TRADE SPECIFIC SUBMISSION. If the Proposal applies to more than one trade, prepare and submit a separate Part 2 for each trade being proposed. ☐ [Offeror’s Name]_Current Master-Level Trade License issued by Department of Professional and Occupational Regulation (DPOR) (Applicable Only to Electrical, Plumbing, and HVAC Bids) ☐ [Offeror’s Name]_Attachment E1 – Comparable Construction Experience for Projects Less than $50,000 (Maximum of Five Projects) ☐ [Offeror’s Name]_Attachment E2 – Comparable Construction Experience for Projects Between $50,000 and $500,000 (Maximum of Two Projects) ☐ [Offeror’s Name]_Attachment F1 – Key Personnel – Project Manager ☐ [Offeror’s Name]_Resume for Project Manager ☐ [Offeror’s Name]_Attachment F2 – Key Personnel – General Field Superintendent ☐ [Offeror’s Name]_Resume for General Field Superintendent Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 10 of 22 Plumbing, & HVAC ☐ [Offeror’s Name]_Attachment G - Cost Proposal (PDF) E. Offerors shall indicate any exceptions taken to any part of this Request for Proposals. Offerors shall fill out and clearly identify any proprietary information on Attachment B and return with proposal response. Identify the specificity of the data or other materials for which protection is sought, indicate the section and page number where it can be found in the Offerors RFP response and state the reasons why protection is necessary in accordance with the Code of Virginia, Chapter 43, § 2.2-4342. For more details, see Section VIII Terms and Conditions, Paragraph Q, Freedom of Information Act. F. Offeror shall provide a minimum of three references of other similar size local government entities utilizing the services they have provided on Attachment D. The references shall include names, phone numbers and email addresses of key contact personnel. Current contact information shall be provided. Spotsylvania County cannot be listed as a reference. The County reserves the right to check undisclosed references. G. All costs of proposal preparation and presentation shall be borne by each Offeror. The County is not liable for any cost incurred by the Offeror prior to issuance of a contract. H. Offeror shall include a copy of their State Corporation Commission Certificate of Good Standing and a list of officers with their proposal response. VII. PROPOSAL SUBMISSION PART 1: CORPORATE PROFILE A. Introductory Letter / Executive Summary: Prepare and submit an introductory letter / executive summary providing a narrative, in non-technical terms, an overview of the company and summarizing the Offeror’s proposal. To be inserted by the Offeror B. Trade Secrets/Proprietary Information: Complete and Submit Attachment B C. References: Offeror shall provide a minimum of three references of other similar size local government entities utilizing the services they have provided on Attachment D. The references shall include names, phone numbers and email addresses of key contact personnel. Current contact information shall be provided. Spotsylvania County cannot be listed as a reference. The County reserves the right to check undisclosed references. D. Virginia State Corporation Commission (SCC) Certificate: Offeror shall provide the SCC Certificate. To be inserted by the Offeror E. Vendor Authorization Letter: Complete and submit Attachment C. Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 11 of 22 Plumbing, & HVAC F. License: Offerors, whether residents or nonresidents of Virginia, will be required to show evidence of a certificate or registration as required by Chapter 7 of Title 54 of the Code of Virginia. Submit a current license for “Class A Contractor.” G. Safety: a. Attach a letter from the Offeror's insurance carrier, on the insurance carrier's letterhead, stating the firm's Experience Modification Rate (EMR) for the 2023, 2022, and 2021 calendar years. b. If, for any calendar year, If the EMR is above a 1.0, the Offeror must include a statement as to why the EMR is above a 1.0.and identify what steps the firm took to ensure similar events do not occur in the future. c. Each Offeror must provide a Log and Summary of OSHA violations and any fines or settlements for the past 36 months. Attach OSHA Form 300A - Work Related Injuries and Illnesses, as required by the U. S. Department of Labor, for the past 36 months. d. Provide OSHA Recordable Incident Rate (Year 2023) and OSHA Lost Days Away Incident Rate (Year 2023). This is applicable to site construction and installation activities only. H. Trade Categories: Complete and submit Attachment H identifying which trade categories the Offeror is proposing. PART 2: TRADE SPECIFIC SUBMISSION If submitting a Proposal for more than one trade, prepare and submit a separate Part 2 for each trade being proposed. I. Trade Specific Master License: Applicable only to Electrical, Plumbing and HVAC submissions. Offerors submitting for Electrical, Plumbing, or HVAC contracts must have a master-level license holder on staff. Provide a current copy of a master-level DPOR license applicable to the trade being proposed. J. Comparable Construction Experience: The County is seeking to obtain the services of experienced construction contractors for the requested trades. Prime contracting experience is preferred. For each project submitted, attach an additional sheet to describe this project. Submitted projects must have a final completion date after January 1, 2019. Offerors with less experience will be considered but scored accordingly. For each project submitted, submit an addition sheet describing the scope of work and the Offeror’s role in completing the project. The scope of work for submitted projects should be consistent with the contract trade being bid. a. Five (5) repair or rehabilitation projects whose final value including change orders is equal to or less than $50,000. Complete Attachment E1 for each Project under this category. Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 12 of 22 Plumbing, & HVAC b. Two (2) repair or rehabilitation projects whose final value including change orders is between $50,000 and $500,000. Complete Attachment E2 for each Project under this category. K. Key Personnel Assigned to the Contract: The County desires to have the Contract administered by personnel with extensive construction experience in the trade being proposed. For each potion below, complete the applicable attachment and attach a resume. a. Project Manager: Complete Attachment F1 and attach a resume. b. General Field Superintendent: Complete Attachment F2 and attach a resume. The key personnel submitted with the Proposal shall be assigned for the full duration of the Contract. The Contractor must obtain City’s prior approval before substituting any of the key personnel proposed with this Contract. L. Cost Proposal (Adjustment Factors): All Unit Prices listed in the Construction Task Catalog® are priced at a net value of 1.0000. The Adjustment Factors shall be an increase or decrease to all the Unit Prices listed in the Construction Task Catalog®. For example, 1.1000 would be a 10% increase to the Unit Prices and 0.9500 would be a 5% decrease to the Unit Prices. Contractors who submit separate Adjustment Factors for separate Unit Prices will be considered non-responsive and their bid will be rejected. Complete Attachment G – Cost Proposal (Adjustment Factors) identifying the following Adjustment Factors: a. Normal Working Hours Adjustment Factor b. Other than Normal Working Hours Adjustment Factor c. Non-Prepriced Adjustment Factor The Other Than Normal Working Hours Adjustment Factor must be equal to or greater than the Normal Working Hours Adjustment Factor. The Non-Prepriced Adjustment Factor must be equal to or greater than 1.0000. For bid evaluation purposes only, the following work distributions shall be used to determine the Award Criteria Figure: Adjustment Factor % Weight (For Bid Evaluation Only) Normal Working Hours 70% Other than Normal Working Hours 20% Non-Prepriced 10% Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 13 of 22 Plumbing, & HVAC The weighted percentages above are for the purpose of calculating an Award Criteria Figure and determining the lowest proposed price. No assurances are made by the County that Work will be ordered under the Contract in a distribution consistent with the weighted percentages above. VIII. PROPOSAL EVALUATION CRITERIA Selection of the successful Offeror(s) will be based upon submission of proposals meeting the selection criteria. Proposals should be as thorough and detailed as possible so that the County may properly evaluate your capabilities to provide the required goods/services. Offerors are required to submit the following items as a complete proposal. The Source Selection Committee (SSC) will use the following criteria in its review and evaluation of the Proposals: EVALUATION CRITERIA 1 Executive Summary 10% 2 Safety 20% 3 Comparable Construction Experience 30% 4 Key Personnel Assigned to the Contract 10% 5 Price 30% The Selection Committee will evaluate the most responsive proposals as deemed by staff and may also ask questions of a clarifying nature from Offerors as required. A composite rating will be developed which indicates the group’s collective ranking of the written proposals in a descending order. If deemed necessary by the selection committee, the County shall engage in individual discussions with two or more Offerors deemed the most fully qualified, responsible and suitable on the basis of the Selection Committee's evaluations. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The County will schedule the time and location of these presentations. Oral presentations are an option of the County and may or may not be conducted. At the conclusion of any discussion, on the basis of evaluation factors as set at the time of issuance of this proposal and all information developed in the selection process to this point, the County shall select in the order of preference one or more Offerors whose qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted; beginning with the Offeror ranked first. Should the County determine in writing and in its sole discretion that only one Offeror is fully qualified or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. Spotsylvania County reserves the right to award a contract to more than one Offeror, if it is in the Owner’s best interest. The County reserves the right to accept or reject any or all proposals received as a result of the request, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interest of Spotsylvania County. IX. TERMS AND CONDITIONS Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 14 of 22 Plumbing, & HVAC A. Acceptance, Invoicing and Payment Spotsylvania County will make payment to the Consultant, Net 30 days or in accordance with discount terms, if offered, after receipt of an acceptable invoice for work resulting from this RFP. Nothing herein, or in the process, shall be construed as having obligated the County to pay for any expenses incurred by respondents to this RFP, or to the selected consultant prior to the Board of Supervisors’ approval of a consultant services contract. Pursuant to Virginia Code § 2.2-4354, (1950, as amended), the Consultant covenants and agrees to: (1) Within seven (7) days after receipt of any amounts paid to the Consultant under the Agreement, (i) pay any subconsultant for its proportionate share of the total payment received from the County attributable to the work under the Contract performed by such subconsultant, or (ii) notify the County and the subconsultant, in writing, of its intention to withheld all or part of the subconsultant’s payment and the reason therefore; (2) Provide its federal employer identification number or social security number, as applicable, before any payment is made to the Consultant under the Agreement; (3) Pay interest at the legal rate or such other rate as may be agreed to in writing by the subconsultant and the Consultant on all amounts owed by the Consultant that remain unpaid after seven (7) days following receipt by the Consultant of payment from the County for work performed by the subconsultant under the Agreement; and (4) Include in its contracts with any and all subconsultants the requirements of 1, 2, and 3 above. B. Attorney's Fees In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, each party shall pay their own attorney’s fees, costs and expenses, except in a case of default by the Consultant, the Consultant shall be responsible for any resulting additional purchase and administrative costs including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs. C. Audit Consultant shall keep and require each of its subconsultant, if any, to keep, at no additional cost to County, full and detailed accounts of costs chargeable to County, during the project, and for five (5) years following completion. County shall be afforded full access to accounts, records, and supporting documents for review, audit, copy (such copies will be the property of County), and verification of costs. Audit access to Consultant’s records in lump sum or unit price areas when applicable shall be sufficient to satisfy County that all quantities meet the payments to its subconsultant and suppliers, Consultant shall remit promptly to County the amount of any adjustment resulting from audit. D. Availability of Funds It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 15 of 22 Plumbing, & HVAC E. Binding Effect The terms, provisions, covenants and conditions contained in any resulting Contract shall apply to, insure to the benefit of, and be binding upon the parties hereto and upon their respective heirs, legal representatives, successors, and permitted assigns except as otherwise expressly provided. F. Compliance of Law The Consultant providing materials and services to the County under any contract resulting from this RFP represents and warrants to the County that it is: (1) Conforming to the provisions of the Civil Rights Act of 1964, as amended, as well as the Virginians with Disabilities Act, the Americans With Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act, and where applicable, to the Virginia Fair Employment Contracting Act of 1975, as amended, and the Virginia Human Rights Act, as amended. (2) Not employing illegal alien workers or otherwise violating the provisions of the Immigration Reform and Control Act of 1986 and Virginia Code§ 2.2-4311.1; (3) Not requiring, and shall not require, any employee or subcontractor to sign an internal confidentiality agreement or statement prohibiting or otherwise restricting, or purporting to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a department or agency authorized to receive such information, or otherwise violate any federal and state laws and regulations protecting employees for reprisal against whistleblowing; (4) Complying with federal, state and local laws and regulations applicable to the performance of the goods and services procured, the work performed pursuant to the Agreement shall conform to all professional principles generally accepted as standards of the industry in the Commonwealth, the CONTRACTOR’S work performed shall be free of defects, and any new materials and equipment furnished under this Agreement shall be of good quality and in working condition; and (5) Complying fully with the Virginia Conflict of Interest Act. (6) Authorized to transact business in the Commonwealth of Virginia, pursuant to Section 2.2- 4311.2 of the Code of Virginia. G. Contract Award For each Contract trade, Spotsylvania County has the right to award a contract to more than one Offeror, if it is in the County’s best interest to provide adequate services in accordance with the criteria found in the Scope of Services. Should Spotsylvania County determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one offer or is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. Spotsylvania County reserves the right to award the contract to the most qualified, responsible, and responsive Offeror(s), resulting in a negotiated agreement, which is most advantageous to and in the best interest of Spotsylvania County. Spotsylvania County shall be the sole judge of the Proposal and the resulting negotiated agreement that is in the public interest, and Spotsylvania County’s decision shall be final. H. Contract Changes No verbal agreement or conversation with any officer, agent or employee of Spotsylvania County either before or after execution of the contract resulting from this Request for Proposal (RFP), RFP Addendum or follow-on negotiations, shall effect or modify any of the terms or obligations Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 16 of 22 Plumbing, & HVAC contained in the contract. No alterations to the terms and conditions of the contract shall be valid or binding upon Spotsylvania County unless made in writing and where Board approval is not required, by the County Administrator or his designee. I. Contract Documents The contract entered into by Spotsylvania County and the Consultant shall consist of this Request for Proposal, any addendum issued, the proposal submitted by the Consultant, Spotsylvania County’s Standard Form of Agreement, the JOC Supplemental Conditions, the Construction Task Catalog®, Technical Specifications, all Job Orders including any support documentation, and any approved change orders issued, all of which shall be referred to collectively as the Contract Documents. Additional documents which the parties agree to include as contract documents may be set forth in the final contract. J. Cooperative Procurement (1) This procurement is being conducted on behalf of Spotsylvania County, Virginia and other public bodies in accordance with the provisions of §2.2-4304 of the Virginia Public Procurement Act. (2) If approved by the Contractor, the contract resulting from this procurement may be used by other public bodies to purchase at contract prices and in accordance with the contract terms. The Contractor shall deal directly with any public body it approves to use the contract. Failure to extend a contract to another public body will have no effect on consideration of Contractor’s bid/proposal. (3) With the approval of the Contractor, any public body using the resultant contract has the option of executing a separate contract with the Contractor to add terms and conditions required by statute, ordinances, or regulations, or to remove terms and conditions which conflict with its governing statutes, ordinances, or regulations. (4) The County of Spotsylvania, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Contractor and any other public bodies, and in no event shall the County, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a Spotsylvania County contract. If, when preparing such a contract, the additional terms and conditions of a public body seeking to purchase pursuant to cooperative procurement are unacceptable to the Contractor, the Contractor may withdraw its consent to extension of the contract to that particular public body. (5) Spotsylvania County assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may carry out such notification. K. Definitions: (1) Consultant. The Consultant who enters into a contract with Spotsylvania County to provide the services herein for Spotsylvania County. (2) County. Wherever the word "County" appears, it shall be understood to mean Spotsylvania County Government. (3) Offeror. A person who makes an offer in response to a Request for Proposals. (4) Informality. A minor defect or variation in a bid or proposal from the exact requirements of the Invitation for Bid, or the Request for Proposal, which does not affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured. (5) Refer to the JOC Supplemental Conditions for a list of JOC specific definitions. Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 17 of 22 Plumbing, & HVAC L. Drug Free Workplace During the performance of this contract, the Consultant agrees to (i) provide a drug-free workplace for the Consultant’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 Consultant’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 Consultant that the Consultant 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 subconsultant or vendor. For the purposes of this section, “drug-free workplace” means any site at which the performance of work is done in connection with this contract awarded to the Consultant, 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. M. Ethics in Public Contracting The Offeror hereby certifies that it has familiarized itself with Article 6 of Title 2.2 of the Virginia Public Procurement Act, Section 2.2-4367 through 2.2-4377, Virginia Code Annotated, and that all amounts received by it, pursuant to a Contract resulting from this RFP, are proper and in accordance herewith. By submitting their proposals, Offerors certify that their proposals are made without collusion or fraud that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subconsultant in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. N. Examination of Records The Consultant agrees that Spotsylvania County or any duly authorized representative shall have access to and the right to examine any and copy any directly pertinent books, documents, papers and records of the Consultant involving transactions related to any Contract resulting from this RFP. The period of access provided in this paragraph for records, books, documents, and papers and software which may be related to any arbitration, litigation, or the settlement of claims arising out of the performance of any subsequent contract or any subsequent Contracts with vendors shall continue until disposition of any appeals, arbitration, litigation, or claims. Consultants agrees to keep all records in accordance with the state and local retention laws including but not limited to Virginia Code § 55-525.27. O. Faith-Based Organizations Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, in all invitations to bid, requests for proposals, contracts, and purchase orders, the County does not discriminate against faith-based organizations. “Faith-based Organization” means a religious organization that is or applies to be a Consultant to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193. Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 18 of 22 Plumbing, & HVAC If CONSULTANT is a faith-based organization, then Consultant shall give to each individual who applies for or receives goods, services, or disbursements provided pursuant to this Agreement the following notice: NOTICE Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, as an applicant for or recipient of goods, services, or disbursements provided pursuant to a contract between the County and a faith- based organization, you are hereby notified as follows: Neither the COUNTY’S selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider’s charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the County Administrator. P. Federal-Aid Provisions When the U. S. government pays all or any portion of the cost of a project, the Consultant shall observe all federal laws, rules, and regulations made pursuant to such laws. The work shall be subject to inspection by the appropriate federal agency. Such inspection shall in no sense make the federal government a party of the contract and will in no way interfere with the rights of either party. Consultant shall require all subconsultants to observe all federal laws, rules, and regulations made pursuant to such laws. Reporting requirements that is part of the regulation shall be followed in accordance with the federal law, rules and/or regulation made pursuant to such laws. A Duns number will be provided by the Consultant and registration with the Central Consultant Registration (CCR) shall be followed according to the federal aid provisions. Q. Freedom of Information All information submitted to the County in response to this RFP will constitute public information and pursuant to the Virginia Freedom of Information Act will be available to the public for inspection upon request. Pursuant to Virginia Code § 2.2-4342 and County Procurement Policy § 3-27, an Offeror may request an exception to disclosure for trade secrets or proprietary information as such is defined under Virginia Code § 59.1-336, part of the Uniform Trade Secrets Act. In order to claim this exemption, an Offeror must: (1) Submit a request in writing referencing their desire to invoke the protections of Virginia Code § 2.2-4342; (2) Specifically identify which data or materials they wish to have protected; and (3) Articulate the rationale for why protection is necessary for the particular data or materials, to the satisfaction of the County. Failure to meet these requirements will result in the data or materials being open for inspection in response to a valid inquiry under the Virginia Freedom of Information Act and serve to waive any right of the Offeror to assert a claim against the County for disclosure of trade secrets or proprietary information. R. Grant Funds Provision When a project is funded in part or all by grant funds, the Consultant shall observe all rules and regulations according to the grant fund award documentation. Consultant has the responsibility to Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 19 of 22 Plumbing, & HVAC comply with all grant fund reporting requirements and any or all award documentation terms and conditions. S. Governing Law In any contract resulting from this RFP, the parties agree that this agreement is governed by and shall be interpreted in accordance with the Spotsylvania County Procurement Policy and laws of the Commonwealth of Virginia, and that proper venue, in the event of litigation concerning this matter, shall be in the Circuit Court of Spotsylvania County, Virginia. The parties agree that any litigation involving this Agreement shall be brought only in such court. T. Headings Headings in the RFP and any resulting contract are informational only and the substance of each numbered or lettered provision shall prevail in the event of any ambiguity or inconsistency between a heading and its content. U. Insurance During the performance of any Contract resulting from this RFP, the Consultant shall have and keep current insurance whichever is greater in scope or amount as follows. (1) Worker's Compensation Insurance in compliance with all states in which Consultant does business, including coverage B Employer's liabilities in not less than the following amounts: i. Bodily Injury by accident $100,000 for each accident; ii. Bodily Injury by disease, $500,000 policy limit; iii. Bodily Injury by disease, $100,000 for each employee. (2) General Liability insurance in amount not less than $1,000,000 for any occurrence involving bodily injury, and not less than $1,000,000 for any occurrence involving property damage. This coverage shall include contractual liability, broad form property damage, independent Consultants, and personal injury. (3) Automobile liability insurance in an amount not less than $1,000,000 combined single limit bodily injury and property damage. This coverage shall include liability for the use of hired and non-owned apparatus. The General Liability and Automobile Liability insurance policies specified herein shall name Spotsylvania County as additional insured with regard to work performed under any contract resulting from this RFP. The Consultant shall provide Spotsylvania County with copies of certificates of insurance coverage and proof of payment of all premiums. These certificates shall have provisions for notifying Spotsylvania County if there is any change in liability insurance. V. Interpretation Words of any gender used in any Contract resulting from this RFP shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context otherwise requires. W. Non-Collusion The party making the foregoing proposal hereby certifies that such proposal is genuine and not collusive or sham; that said Offeror has not colluded, conspired, connived or agreed, directly in indirectly, with any Offeror or person, to put in a sham proposal or to refrain from offering, and Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 20 of 22 Plumbing, & HVAC has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person to fix the proposal price or affiant or of any proposal, or to fix any overhead, profit or cost element of said proposal price, or of that of any other Offeror, or to secure any advantage against the County or any person interested in the proposed contract; and that all statements in said proposal are true. X. Non-Discrimination Any contract resulting from this RFP and every contract, sub-contract, or purchase order there under shall include the following provisions according to Virginia Code §2.2-4311: During the performance of a contract, the Consultant agrees as follows: 1. The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicant for employment, notices setting forth non-discrimination clause. 2. The Consultant, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, will state that such Consultant is an equal opportunity employer. 3. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirement. The Consultant will include the provisions in the foregoing paragraphs a, b, and c in every contract, subcontract, or purchase order of over $10,000, so that the provisions will be binding upon each subconsultant or vendor associated with Spotsylvania County. Y. Partial Invalidity Neither any payment for, nor acceptance of, the whole or any part of the services by Spotsylvania County, nor any extension of time, shall operate as a waiver of any provision of any Contract resulting from this RFP, nor of any power herein reserved to Spotsylvania County, or any right to damages herein provided, nor shall any waiver of any breach of any Contract be held to be a waiver of any other or subsequent breach. Failure of Spotsylvania County to require compliance with any term or condition of any Contract shall not be deemed a waiver of such term or condition nor a waiver of the subsequent enforcement thereof. Z. Proposal Withdrawal Any Proposal may be withdrawn up until the time set above for the opening of the Proposal. Any Proposals not so withdrawn shall constitute an irrevocable offer for a period of 150 days. AA. RFP Proposal and Clarification Spotsylvania County reserves the right to request clarification of information submitted and to request additional information of one or more Offerors. Each Offeror shall examine the Request for Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the Request for Proposal shall be made in writing to the Spotsylvania County Procurement contact listed on the first page of this RFP. Spotsylvania County shall not be responsible for oral interpretations given by any employee, representative, or others. The issuance of a written RFP Addendum issued by the Spotsylvania County Procurement Division is the only official method whereby interpretation, clarification, or additional information can be issued. Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 21 of 22 Plumbing, & HVAC BB. Release and Ownership of Information Spotsylvania County shall make a good faith effort to identify and make available to the Consultant all non-confidential technical and administrative data in Spotsylvania County’s possession which Spotsylvania County may lawfully release including, but not limited to contract specifications, drawings, correspondence, and other information specified and required by the Consultant and relating to its work under this Contract. Spotsylvania County reserves its rights of ownership to all material given to the Consultant by Spotsylvania County and to all background information, documents, and computer software and documentation developed by the Consultant in performing any Contract resulting from this RFP. No reports, information or data given to or prepared by the Consultant under the resulting Contract shall be made available to any individual or organization by the Consultant without the prior written approval of Spotsylvania County, which approval Spotsylvania County shall be under no obligation to grant. As may be allowed by law, any information, ideas, or concepts that the County receives during the procurement process from any offeror’s written proposal, any discussion or interview with the offeror or as a result of any portion of the procurement process for the services described in this Request for Proposal shall become the property of Spotsylvania County. Spotsylvania County may use this information for any purpose without compensation to the offeror from whom the information was received. CC. Rights and Responsibilities of Consultant The Consultant shall indemnify, defend and hold harmless the County and its representatives from any and all claims, suits and actions for injury or damage sustained by any person or property from any act or omission by Consultant and/or its Consultants or employees, or anyone else for who Consultant is or may be responsible. This section shall survive the termination this agreement. The Consultant in any contract resulting from this RFP shall pay all royalties and license fees necessary for performance of the contract. The Consultant shall defend all suits or claims for infringement of any patent rights or any other proprietary rights arising from or related to performance of the resulting contract and shall save Spotsylvania County harmless from any and all loss, including reasonable attorneys' fees, on account thereof. DD. Subconsultants and Assignments The Consultant shall not sublet or assign or transfer any interest in this Contract or any portion thereof without the prior written consent of Spotsylvania County of which Spotsylvania County shall be under no obligation to grant. In seeking consent for any subcontract or assignment, the Consultant shall furnish all information required by Spotsylvania County to permit Spotsylvania County to ascertain the qualifications of the proposed subconsultant to perform the work, and the Consultant shall submit a copy of the subcontract to Spotsylvania County for approval. The subcontract shall incorporate by reference all provisions and conditions of the Contract resulting from this RFP. Spotsylvania County’s approval of a subconsultant shall not relieve the Consultant of any of its responsibilities, duties or liabilities hereunder. The Consultant shall continue to be responsible Job Order Contracting Services for General Construction, Electrical, RFP 24-29-KB | Page 22 of 22 Plumbing, & HVAC to Spotsylvania County for performance of the subconsultant and the subconsultant, for all purposes, shall be deemed to be an agent or employee of the Consultant. Nothing in the Contract resulting from this RFP or any subcontract shall create any contractual relationship between any subconsultant and Spotsylvania County. EE. Tax Exemption The County of Spotsylvania as a public body politic and corporate of the Commonwealth of Virginia, is exempt from any Federal excise tax and Virginia sales and use tax for purchases made by the County. FF. Termination Spotsylvania County shall have the right to terminate at Spotsylvania County’s convenience, with or without cause, any Contract resulting from this RFP by specifying the date of termination in a written notice. In this event, the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed. All work produced, and data collected shall become the property of Spotsylvania County. Job Order Contracting Services for Attachment A General Construction, Electrical, RFP 24-29-KB | Page 1 of 1 Plumbing, & HVAC ATTCHMENT A - INFORMATION TO BIDDERS The Spotsylvania County Procurement Office located in the Marshall Center is closed to the public and open only on an appointment basis. Please note that bids will be received at the Spotsylvania County Snow Library side of the building at the Marshall Center, 8800 Courthouse Road, Spotsylvania, VA 22553. The Bidder has the sole responsibility to have their bid received by the Spotsylvania County Procurement Division at the address listed on the IFB and by the stated date and time as listed in the Information for Bid. If you hand deliver your bid, Bidders need to go to the Snow Library side of the Marshall Building, not the Snow Library and go to the two white double doors located beside the “Procurement Division” sign and call the Procurement Office (540-507-7503). Someone from the Procurement Office will come to the door to receive your bid. Bidders are encouraged to submit their bid early in order to ensure the bid is received on time. Please note that Federal Express and other overnight delivery services do not guarantee morning delivery to Spotsylvania, Virginia. Next day delivery usually arrives in mid-to-late afternoon. Also, please note that USPS deliveries require additional days from the post office to the Procurement Office. If you will be using one of these services for delivery of your bid, please take this information into consideration, you may also want to let the mail carrier know the Building is locked. Bidders are advised to call the Procurement Office to confirm if your bid was received. Late bids shall not be considered and will be returned to Bidders unopened if received by special carrier or not accepted if hand delivered by Bidders. The time of receipt shall be determined by the Procurement time clock stamp. In the event that Spotsylvania County is closed during the scheduled times for bid receipt, it will occur on the next business day that Spotsylvania County is open at the appropriate times as stated in the IFB. No exceptions will be made in this situation. Please contact the Procurement Officer as stated in the IFB for information pertaining to this procurement. Job Order Contracting Services for Attachment B General Construction, Electrical, RFP 24-29-KB | Page 1 of 1 Plumbing, & HVAC ATTACHMENT B TRADE SECRETS/PROPRIETARY INFORMATION IDENTIFICATION IF NO PROTECTION IS NEEDED STATE “N/A” ON THE TABLE BELOW AND SIGN. Trade secrets or proprietary information submitted by any Offeror in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act, however, the Offeror must invoke the protection of §2.2-4342(F) of the Code of Virginia, in writing, prior to or upon submission of the data or other materials, and must clearly and specifically identify the data or other materials to be protected, and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by the Offeror on the table below. If the Offeror fails to identify any protected information on the table below, the Offeror by return of this form, hereby releases the County and all of its employees from any and all claims, damages, demands or liabilities associated with the County’s release of such information, and agrees to indemnify it for all costs, expenses and attorney’s fees incurred by the County as a result of any claims made by Offeror regarding the release of such information. By submitting its bid or proposal, Offeror understands and agrees that any language seeking protection from public disclosure, any specific documents or information, unless identified on the table below, are null and void and of no legal or binding effect on the County. The classification of line item prices, and/or total bid prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the Offeror refuses to withdraw such a classification designation, the proposal will be rejected. SECTION/TITLE PAGE NUMBER(S) REASON(S) FOR WITHHOLDING FROM DISCLOSURE COMPANY NAME: SIGNATURE: (RETURN THIS FORM) www.spotsylvania.va.us/vendor-form ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle Job Order Contracting Services for Attachment D General Construction, Electrical, RFP 24-29-KB | Page 1 of 1 Plumbing, & HVAC ATTACHMENT D REFERENCES A list of 3 References for which the Contractor has provided similar good/services over the last 5 years similar in Scope to that which is described herein shall be provided with the RFP Package. Spotsylvania County cannot be listed as a reference. Please list references below: Company Name: Service Dates: From: To: Address: Point of Contact Name: Phone: (_________) Email: Addtl. Information: Company Name: Service Dates: From: To: Address: Point of Contact Name: Phone: (_________) Email: Addtl. Information: Company Name: Service Dates: From: To: Address: Point of Contact Name: Phone: (_________) Email: Addtl. Information: (RETURN THIS FORM) Job Order Contracting Services for Attachment E1 General Construction, Electrical, RFP 24-29-KB | Page 1 of 1 Plumbing, & HVAC ATTACHMENT E1 COMPARABLE PROJECT EXPERIENCE FOR PROJECTS LESS THAN $50,000 1) Client Name: ______________________________________________________________________________ 2) Project Name: ______________________________________________________________________________ 3) Achieved or Anticipated Final Acceptance after January 1, 2019 Yes No 4) Project Number: _____________________________________ 5) Project Value: ____________________ 6) Estimated % of Self Performance: ________________ 7) Estimated % Subcontract Work: ____________ 8) Project Owner: Public Private Other ____________________ 9) Company Role: Prime Contractor Subcontractor Other ____________ 10) Project Scope: General Construction Electrical HVAC Plumbing 11) Attach an additional sheet describing the scope of work. Attached? Yes No 12) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (RETURN THIS FORM) Job Order Contracting Services for Attachment E2 General Construction, Electrical, RFP 24-29-KB | Page 1 of 1 Plumbing, & HVAC ATTACHMENT E2 COMPARABLE PROJECT EXPERIENCE FOR PROJECTS BETWEEN $50,000 AND $500,000 1) Client Name: ______________________________________________________________________________ 2) Project Name: ______________________________________________________________________________ 3) Achieved or Anticipated Final Acceptance after January 1, 2019 Yes No 4) Project Number: _____________________________________ 5) Project Value: ____________________ 6) Estimated % of Self Performance: ________________ 7) Estimated % Subcontract Work: ____________ 8) Project Owner: Public Private Other ____________________ 9) Company Role: Prime Contractor Subcontractor Other ____________ 10) Project Scope: General Construction Electrical HVAC Plumbing 11) Attach an additional sheet describing the scope of work. Attached? Yes No 12) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (RETURN THIS FORM) Job Order Contracting Services for Attachment F1 General Construction, Electrical, RFP 24-29-KB | Page 1 of 1 Plumbing, & HVAC ATTACHMENT F1 KEY PERSONNEL PROJECT MANAGER 1) Contractor’s Name: 2) Project Manager’s Name : 3) # of Years with the Firm: 4) # of Years Experience as a Contractor: 5) Experience: (Check ALL boxes that apply) General Construction Electrical HVAC Plumbing 6) ATTACH RESUME Yes (RETURN THIS FORM) Job Order Contracting Services for Attachment F2 General Construction, Electrical, RFP 24-29-KB | Page 1 of 1 Plumbing, & HVAC ATTACHMENT F2 KEY PERSONNEL GENERAL FIELD SUPERINTENDENT 1) Contractor’s Name: 2) General Field Superintendent’s Name : 3) # of Years with the Firm: 4) # of Years Experience as a Contractor: 5) Experience: (Check ALL boxes that apply) General Construction Electrical HVAC Plumbing 6) ATTACH RESUME Yes (RETURN THIS FORM) Job Order Contracting Services for Attachment G General Construction, Electrical, RFP 24-29-KB | Page 1 of 1 Plumbing, & HVAC ATTACHMENT G COST PROPOSAL (ADJUSTMENT FACTORS) Offeror shall set forth Adjustment Factors in legible figures in the respective space provided. Failure to submit all Adjustment Factors may result in the Proposal being deemed non-responsive. Offeror shall perform the tasks required by each individual Job Order using the following Adjustment Factors: Adjustment Factor Name Adjustment Factor Bid X Multiplier = Total 1. Normal Working Hours Adjustment Factor __ . __ __ __ __ X 0.70 = __ . __ __ __ __ 2. Other than Normal Working Hours Adjustment Factor __ . __ __ __ __ X 0.20 = __ . __ __ __ __ 3. Non-Prepriced Adjustment Factor __ . __ __ __ __ X 0.10 = __ . __ __ __ __ 4. Add all the Total amounts in the right column. The Sum of these Total amounts is the Award Criteria Figure. = __ . __ __ __ __ Notes To Offeror: 1. Specify lines 1 through 3 to four (4) decimal places. Use conventional rounding methodology (i.e., if the number in the 5th decimal place is 0-4, the number in the 4th decimal remains unchanged; if the number in the 5th decimal place is 5-9, the number in the 4th decimal is rounded upward). 2. The Other Than Normal Working Hours Adjustment Factor must be greater than or equal to the Normal Working Hours Adjustment Factor. 3. The Non-Prepriced Adjustment Factor must be greater than 1.0000. 4. The weighted multipliers above are for the purpose of calculating an Award Criteria Figure and determining the lowest proposed price. No assurances are made by the Owner that Work will be ordered under the Contract in a distribution consistent with the weighted percentages above. 5. When submitting Job Order Price Proposals related to specific Job Orders, the Contractor shall utilize one or more of the Adjustment Factors applicable to the Work being performed. Job Order Contracting Services for Attachment H General Construction, Electrical, RFP 24-29-KB | Page 1 of 1 Plumbing, & HVAC ATTACHMENT H TRADE CATEGORIES Offerors shall indicate below whether or not their proposal is submitted for the trade categories listed. For each trade category, it is the intent of Spotsylvania County to make multiple awards from this RFP. It is not required for any Offeror to submit their proposal for all categories listed below. Offerors are required to identify which trade categories are included in their proposal response. CATEGORY INCLUDED IN PROPOSAL RESPONSE INDICATE YES OR NO General Construction Electrical Plumbing HVAC If submitting for more than one trade category, the Offeror shall submit a separate part 2 submission for each trade category. Please see RFP Section VI.D for Part 2 submission requirements. (RETURN THIS FORM) Section D – General Conditions TABLE OF CONTENTS Article 1 – Contract Documents ........................................................................................................................... 5 1.1 Definitions ........................................................................................................................................... 5 1.2 Terminology ....................................................................................................................................... 11 1.3 Reference Standards ........................................................................................................................... 12 1.4 Titles, Headings and Groupings .......................................................................................................... 13 1.5 Intent .................................................................................................................................................. 13 1.6 Execution of Contract Documents ...................................................................................................... 14 1.7 Commencement of Contract Times; Notice to Proceed ....................................................................... 15 1.8 Contract Discrepancies ....................................................................................................................... 15 1.9 Reuse of Documents ........................................................................................................................... 16 Article 2 – Architect/Engineer/Construction Manager ........................................................................................ 17 2.1 Representatives .................................................................................................................................. 17 2.2 Administration of the Contract............................................................................................................ 17 2.3 Limitations on A/E/CM’s Authority and Responsibilities .................................................................... 19 Article 3 – Owner .............................................................................................................................................. 21 3.1 Information Possessed by Owner ........................................................................................................ 21 3.2 Owner-Paid Permits and Fees ............................................................................................................. 21 3.3 Owner’s Right to Stop Work .............................................................................................................. 22 3.4 Suspension of Work ........................................................................................................................... 22 3.5 Partial Utilization ............................................................................................................................... 22 3.6 Limitation of Owner’s Responsibilities ............................................................................................... 23 Article 4 – Contractor ........................................................................................................................................ 24 4.1 Contractor’s Representations .............................................................................................................. 24 4.2 Supervision and Superintendence ....................................................................................................... 25 4.3 Lay-Out; Working Hours .................................................................................................................... 26 4.4 Services, Materials and Equipment ..................................................................................................... 26 4.5 Contractor’s General Warranty and Guarantee .................................................................................... 27 4.6 Permits, Taxes, Patent Fees, and Royalties .......................................................................................... 29 4.7 Compliance ........................................................................................................................................ 30 4.8 Allowances......................................................................................................................................... 31 4.9 Responsibility for Completion ............................................................................................................ 31 4.10 Record Documents ............................................................................................................................. 32 4.11 Substitutes and “Or Equals” ................................................................................................................ 33 4.12 Use of Site and Other Areas ................................................................................................................ 35 4.13 Shop Drawing, Product Data and Samples .......................................................................................... 36 4.14 Laws and Regulations ......................................................................................................................... 39 4.15 Indemnity ........................................................................................................................................... 40 4.16 Drug Clause ....................................................................................................................................... 41 4.17 Contractor Non-Discrimination .......................................................................................................... 42 4.18 Subcontractors and Supplies ............................................................................................................... 42 4.19 Delegation of Professional Design Services ........................................................................................ 44 Article 5 – Other Work ...................................................................................................................................... 46 5.1 Related Work at Site ........................................................................................................................... 46 Article 6 – Miscellaneous .................................................................................................................................. 48 6.1 Controlling Law ................................................................................................................................. 48 6.2 Provisions Required by Law Deemed Inserted .................................................................................... 48 6.3 Survival of Obligations; Successors and Assigns ................................................................................ 48 6.4 Claims and Disputes ........................................................................................................................... 49 6.5 Attorney’s Fees and Other Expenses ................................................................................................... 50 6.6 Rights and Remedies .......................................................................................................................... 51 6.7 Force Majeure .................................................................................................................................... 51 6.8 Fines and Penalties ............................................................................................................................. 51 6.9 Notice ................................................................................................................................................ 51 6.10 Severability ........................................................................................................................................ 52 6.11 Waiver ............................................................................................................................................... 52 6.12 Cumulative Remedies ......................................................................................................................... 52 6.13 Tests and Inspections .......................................................................................................................... 52 6.14 Audit and Preservation of Records ...................................................................................................... 54 Article 7 – Deffective Work ............................................................................................................................... 56 7.1 Uncovering Work ............................................................................................................................... 56 7.2 Notice of Defects ................................................................................................................................ 56 7.3 Correction or Removal of Defective Work .......................................................................................... 56 7.4 Correction Period ............................................................................................................................... 57 7.5 Acceptance of Defective Work ........................................................................................................... 58 7.6 Owner May Correct Defective Work .................................................................................................. 58 7.7 No Limitation Of Liability .................................................................................................................. 59 Article 8 – Protection of Persons and Property ................................................................................................... 60 8.1 Availability of Lands .......................................................................................................................... 60 8.2 Subsurface and Physical Conditions ................................................................................................... 60 8.3 Underground Facilities ....................................................................................................................... 63 8.4 Reference Points................................................................................................................................. 64 8.5 Hazardous Environmental Condition at Site ........................................................................................ 64 8.6 Safety and Protection .......................................................................................................................... 65 8.7 Emergencies ....................................................................................................................................... 68 Article 9 – Changes and Modifications............................................................................................................... 69 9.1 Amending and Supplementing Contract Documents ........................................................................... 69 9.2 Changes in Contract Price................................................................................................................... 69 9.3 Owner Initiated Changes in the Work ................................................................................................. 70 9.4 Proposed Change Order ...................................................................................................................... 71 9.5 Unilateral Change Order And/Or Construction Change Directive ........................................................ 72 9.6 Unauthorized Changes in the Work .................................................................................................... 72 9.7 Changes in Contract Times ................................................................................................................. 72 9.8 Delays Beyond Contractor’s Control .................................................................................................. 74 9.9 Delays Within Contractor’s Control .................................................................................................... 75 9.10 Delays Beyond Owner’s and Contractor’s Control .............................................................................. 75 9.11 Time Impact Analysis Requirements .................................................................................................. 76 9.12 Execution of Change Orders ............................................................................................................... 77 9.13 Notification to Surety ......................................................................................................................... 77 9.14 Waiver of Consequential Damages ..................................................................................................... 77 9.15 Delay Damages .................................................................................................................................. 77 9.16 Liquidated Damages ........................................................................................................................... 78 9.17 Continuing the Work .......................................................................................................................... 78 Article 10 – Payments and Completion .............................................................................................................. 79 10.1 Contract Sum ..................................................................................................................................... 79 10.2 Cost of the Work ................................................................................................................................ 79 10.3 Unit Price Work .................................................................................... Error! Bookmark not defined. 10.4 Schedule of Values ............................................................................................................................. 79 10.5 Progress Payments.............................................................................................................................. 79 10.6 Warranty of Title ................................................................................................................................ 84 10.7 Substantial Completion....................................................................................................................... 84 10.8 Final Completion ................................................................................................................................ 85 10.9 Waiver of Claims ............................................................................................................................... 87 Article 11 – Insurance and Bonds....................................................................................................................... 88 11.1 Performance, Payment, and Other Bonds ............................................................................................ 88 11.2 Licensed Sureties and Insurers ............................................................................................................ 89 11.3 Certificates of Insurance ..................................................................................................................... 89 11.4 Contractor’s Liability Insurance.......................................................................................................... 89 11.5 Waiver of Rights ................................................................................................................................ 95 11.6 Receipt and Application of Insurance Proceeds ................................................................................... 95 11.7 Acceptance of Bonds and Insurance; Option to Replace ...................................................................... 95 11.8 Partial Utilization, Acknowledgment of Property Insurer .................................................................... 95 Article 12 – Termination of the Contract ............................................................................................................ 97 12.1 Owner May Terminate for Cause ........................................................................................................ 97 12.2 Owner May Terminate For Convenience ............................................................................................ 98 12.3 Contractor May Terminate .................................................................................................................. 99 12.4 Contractors Responsibilities Upon Termination .................................................................................. 99 12.5 Disputes Upon Termination .............................................................................................................. 100 ARTICLE 1 – CONTRACT DOCUMENTS 1.1 Definitions 1.1.1 Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 1.1.2 Application for Payment The form acceptable to A/E/CM and Owner which is to be used by Contractor during the course of the Work in requesting progress and final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.1.3 Architect/Engineer/Construction Manager The individual or entity named as such in the Job Order and is referred to throughout the Contract Documents as if singular in number and masculine in gender, hereinafter “A/E/CM” or “Architect”, “Engineer”, or “Construction Manager (“CM”)”. A/E/CM shall mean the consulting firm, or Spotsylvania County agency, or their duly authorized representative, that is responsible for designing or engineering or administering the work, and performing the activities specified herein. Such firm or agency and its representatives shall act severally within the scope of particular duties entrusted to them, unless otherwise provided for in the Contract. The A/E/CM is further described as: 1.1.3.1 Architect, a person or other legal entity lawfully licensed to practice architecture in Virginia; or 1.1.3.2 Engineer, a person or other legal entity lawfully licensed to practice engineering in Virginia; or 1.1.3.3 Construction manager (or “CM”), a person or other legal entity practicing management and/or inspection of construction in Virginia; or 1.1.3.4 A/E/CM is not Owner’s agent and shall not, in any circumstances, be deemed to be acting or functioning as Owner’s agent. 1.1.3.5 A/E/CM shall identify a specific individual (the “Resident Project Representative”) to serve as liaison between Owner and Contractor and between A/E/CM and Contractor. A/E/CM will notify Owner and Contractor of the name of an acting replacement as A/E/CM’s Resident Project Representative whenever the person so designated is not available. Whenever Contractor or Owner requires information, direction, or assistance, Contractor or Owner shall notify the individual designated by A/E/CM. 1.1.4 A/E/CM's Consultant An individual or entity having a contract with A/E/CM to furnish services as A/E/CM’s independent professional associate or consultant with respect to the Project and who is identified as such in the Job Order. 1.1.5 Asbestos Any material that contains more than one percent asbestos and is friable or releases asbestos fibers into the air at or above current action levels established by the United States Occupational Safety and Health Administration. 1.1.6 Bid The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.1.7 Bidding Documents The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.1.8 Bidding Requirements The Advertisement or Invitation to Bid, Information to Bidders, Bid Form, Instructions to Bidders, and any supplements. 1.1.9 Bonds Performance and payment bonds and other instruments of security. 1.1.10 Change Order The prescribed form recommended by Owner and A/E/CM which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract. The Contract Price or Contract Times shall only be adjusted by Change Order which shall be a condition precedent to either such adjustment. 1.1.11 Claim A demand or assertion by Owner or Contractor made in strict conformance with the notice and procedural requirements of the Contract Documents and seeking, to the extent permitted by the Contract Documents, an adjustment in the Contract Price or the Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 1.1.12 Contract The Contract Documents form the Contract. The entire and integrated written instrument between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 1.1.13 Contract Documents The Contract Documents establish the rights and obligations of the parties and include the Owner- Contractor Agreement, Addenda (which pertain to the Contract Documents), the Project Manual, Construction Task Catalog®, Technical Specifications, Contract Drawings, Contractor’s Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award), the Notice to Proceed, the Bonds, the Advertisement for Bid, Information for Bidders, these General Conditions, the JOC Supplemental Conditions, any additional Supplementary Conditions (if any), the Specifications and the Drawings as the same are more specifically identified in the Owner-Contractor Agreement, together with all Written Amendments, Change Orders, Job Orders and all related documentation, Work Change Directives, Field Orders, Supplemental Job Orders, and Owner and A/E/CM’s written interpretations and clarifications issued on or after the Effective Date of the Contract or the issuance of a Job Order. Approved Shop Drawings and the investigations, reports, analyses, interpretations and drawings of subsurface and physical conditions are not Contract Documents. 1.1.14 Contract Price The Contract Price shall be in accordance with the amount set forth in the Virginia Public Procurement Act (VPPA) § 2.2-4303.2. 1.1.15 Contract Times The Contract Time shall be in accordance with the time set forth in the Virginia Public Procurement Act (VPPA) § 2.2-4303.2. 1.1.16 Contractor The individual or entity identified in the Owner-Contractor Agreement. This entire Contract is not one of agency by the Contractor for Owner but one in which the Contractor is engaged independently in the business of providing the services and performing the Work herein described as an independent Contractor. 1.1.17 Drawings That part of the Contract Documents prepared or approved by Owner and A/E/CM which graphically shows the Detailed Scope of Work, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 1.1.18 Effective Date of the Contract The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. However, Contractor has no rights or remedies arising from execution of the Contract prior to receiving a Notice to Proceed from Owner or A/E/CM. 1.1.19 Extra Work The term "Extra Work" as used herein, refers to and includes work required by the Owner, which, in the judgment of the Owner and A/E/CM, involves changes in or additions to that required by the Detailed Scope of Work including any Drawings, Specifications and Addenda in thei