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COUNTY OF NORTHAMPTON, VIRGINIA

Request for Proposal (RFP) for

Construction Project Management for A Combined Northampton Middle/High School Enhancement Project

Issue Date: February 12, 2021 Proposal Due Date and Hour: March 12, 2021 3:00 PM

County of Northampton P.O. Box 66

Eastville, VA 23347

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COUNTY OF NORTHAMPTON ISSUE DATE: February 12, 2021

GENERAL INFORMATION FORM (TO BE COMPLETED AND RETURNED)

QUESTIONS: All inquiries for information regarding this solicitation should be directed to: Charles Kolakowski, County Administrator, Phone: (757) 678-0440, ext. 515, Fax: (757) 678-0483, e-mail: ckolakowski@co.northampton.va.us. DUE DATE: Sealed Proposals will be received until March 12, 2021 at 3:00 PM. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification. ADDRESS: Proposals should be mailed or hand delivered to: County of Northampton Administration Department, 16404 Courthouse Road, P.O. Box 66, Eastville, VA 23347. Reference the Opening Date and Hour, and RFP Name in the lower left corner of the return envelope or package. COMPANY INFORMATION/SIGNATURE: In compliance with this Request For Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the services in accordance with the attached signed proposal and as mutually agreed upon by subsequent negotiation.

FULL LEGAL NAME (PRINT) (Company name as it appears with your Federal Taxpayer Number)

FEDERAL TAXPAYER NUMBER (ID#)

CONTRACTOR'S REGISTRATION

BUSINESS NAME/DBA NAME/TA NAME (If different than the Full Legal Name)

FEDERAL TAXPAYER NUMBER (If different than ID# above)

BILLING NAME (Company name as it appears on your invoice)

FEDERAL TAXPAYER NUMBER (If different than ID# above)

PURCHASE ORDER ADDRESS

PAYMENT ADDRESS

CONTACT NAME/TITLE (PRINT)

SIGNATURE (IN INK) DATE

E-MAIL ADDRESS

TELEPHONE NUMBER

CELL PHONE NUMBER

FAX NUMBER

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This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service-disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. I. PURPOSE The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract

through competitive negotiations for construction project management services, herein after referred to as “CM” for the renovations and additions to a Combined Northampton Middle/High School located in Northampton County, VA, herein after referred to as “COUNTY”. The CM will work in the best interest of COUNTY and the School Board of Northampton County, herein after referred to as “OWNER”.

Construction Management services will include representing the COUNTY and OWNER during

conceptual project design development and overseeing construction, resulting in the successful construction, occupation, and operation of the enhanced Combined Northampton Middle/High School.

II. CONTRACT PERIOD The term of this contract is for the duration of the completion of the Combined Middle

School/High School Enhancement Project which comprises both renovations and additions. The Design Phase is anticipated to last from February 2021 through February 2022. The Bidding/Procurement Phase is anticipated to last from February 2022 through April 2022, and Construction is expected to last 24 months, from May 2022 to May 2024. There will be an option to continue the contract services for the construction of other associated projects that may be required.

III. BACKGROUND

County of Northampton is currently in the early planning/design stage for a school enhancement project to include two existing buildings, the existing Middle/High School and the existing Career and Technical Education Building on the same site. The existing middle/high school will be converted into two defined school areas with shared common spaces. The existing Career and Technical Education building will receive a complete interior renovation. The scope of the project includes approximately 65,000 square feet of new additions, 35,000 square feet of demolition, and 80,000 square feet of renovations to the existing high school. In addition, there will be 22,000 square feet of interior renovations to the Career and Technical Education building. The combined facility is to be constructed for approximately 450 students in the middle school and 550 students in the high school, primarily under one roof. Beginning in January 2019, the Northampton County Board of Supervisors and School Board created a joint School Enhancement Committee, which was tasked with seeking proposals from qualified firms to perform a structural investigation and limited facility analysis of the existing Northampton High School/Middle School facility, located at 16041 Courthouse Road in Eastville, Virginia. Waller, Todd and Sadler Architects, and a team of consulting engineers was contracted to perform a Phase 1 Study including a thorough structural investigation relative to the existing facilities in order to determine the building’s structural integrity and the extent of repairs necessary

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to the building and associated systems or related building components. The analysis focused on evaluating the physical conditions of the existing school building and making recommendations for repairs. The analysis did take into consideration that the school is in need of interior renovations, modernization and/or additions, as it related to the recommended repairs, and no proposed cost was assigned to any interior renovation work that was not directly necessary as part of the recommended repairs. The Phase 1 Study was by no means an exhaustive facility evaluation analysis but did include a limited evaluation of the building systems, site drainage and amenities, and hazardous materials testing. There was also a limited subsurface exploration to determine pertinent information regarding the subsurface soil conditions in order to provide information to the structural engineer related to the existing slab and underlying soils. In September 2019, a Phase 2 Modernization Study was initiated with the goal of evaluating the whole facility, including both the existing high school and the existing Career & Technical Education building on the same site. The goal of the Phase 2 Study was to provide information to the School Enhancement Committee, School Board, and Board of Supervisors on ways to make improvements to the facilities in support of the school division’s vision of providing a modern instructional facility to Northampton County students. A copy of site plans, floor plans, and concept renderings can be found in Attachment C.

IV. SCOPE OF WORK A. The successful offeror will provide Design, Preconstruction and Construction phase project

management, agency consultation, and oversight of Whole Building Commissioning services for this project. The CM shall provide sufficient administrative, management and related services as required to perform the contract. COUNTY reserves the right to add and/or delete services as required to reach a successful project completion.

B. Project Pre-Construction & Design Phase

1. Serve as primary Owner representative to the Architect. 2. Architect intends to host weekly virtual project coordination meetings. CM will attend

said meetings and provide guidance and communication of updates and requests to the Owner.

3. Review designs and plans at all stages as needed to verify completeness and accuracy, including verification that programmed spaces are included in the correct number and size. Provide written comments to the Architect on behalf of the Owner upon receipt of each submittal. Submittals will be provided by the Architect at 15% Schematic Design, 45% Design Development, 75% Construction Documents, 95% Pre-Final, and Final Bid Documents. CM shall attend the on-board review meeting at the 75% submittal.

4. Develop, update, and monitor a construction management plan. The construction management plan should be a control system that addresses and tracks overall project schedule including design and construction, risks, project quality, and budget status.

5. CM shall work with the Owner to develop a budget for project costs beyond the scope of the construction budget, including but not limited to furniture, fixtures and equipment, portable classrooms, permitting, and contingencies.

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6. The Owner is considering different energy conservation options. CM shall evaluate energy efficiency alternatives provided by the Architect, including life cycle, maintenance, and energy costs and advise owner on recommendations.

7. Cost estimates will be provided by the Architect at each design submittal. CM will work with the Architect to recommend options providing the best value to the Owner.

8. Provide constructability reviews at each submittal during schematic and design development to provide valuable input for the Owner and Architect to consider. This includes constructability verification, identification of problematic issues, and value engineering. Communicate any findings to Architect and Owner.

9. Provide a full quality control review (similar to RediCheck) of the contract documents near the end of the design phase to identify any discrepancies, inconsistencies, errors, and omissions between and within design disciplines. Communicate any findings to Architect and Owner.

10. Assist Owner with review of front-end specifications (DIV-00 and DIV-01) and provide specifications to Architect for inclusion in final bid documents.

11. Create a list of potential bidders and provide a copy of the bid announcement to listed bidders upon release.

C. Bid Phase

1. Assist the Owner in preparing and placing advertisements to solicit bids for the project. 2. Conduct a pre-bid conference, in conjunction with Architect, where potential bidders

will be provided with the scope of the project, milestone schedule, and other information necessary to attract as many bids as possible.

3. Coordinate questions generated during bidding with Owner and Architect to provide responses and evaluate effect on project and construction budget and/or effect on construction timelines.

4. Oversee contract award, including review of references and other documents from apparent low bid contractor, as well as assembly, delivery, and coordination of contract document execution.

5. Assist Owner in developing the contract between Contractor and Owner.

D. Construction Phase 1. Conduct a pre-construction conference, in conjunction with Owner and Architect,

during which the project reporting procedures and other necessary rules and information are covered.

2. In consultation with Architect and Owner, review the Contractor’s Schedule of Values for the construction contract and provide comments to Architect and Owner as needed.

3. Verify that all required permits, bonds, and insurance have been obtained by the Contractors.

4. Schedule, conduct, and document project construction meetings with Architect, Owner, and Contractor and other key parties at least twice a month, with additional meetings as needed. Prepare and distribute minutes of each meeting to attendees.

5. Schedule, conduct, and document monthly School Enhancement Committee meetings with County and Owner, with additional meetings as needed. Prepare and distribute minutes of each meeting to attendees.

6. Prepare and distribute the following project reports each month for discussion at the School Enhancement Committee meeting:

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a. Schedule Maintenance Reports: These reports compare projected completion dates to scheduled completion dates.

b. Project Cost Reports: These reports compare actual costs (inclusive of change orders) to budgeted project costs.

c. Cash Flow Reports: These reports compare actual cash flow to planned cash flow and a projection of the timing of future cash needs.

d. Change Order Reports: These reports shall list all Owner approved change orders by number with a short description of what change is being made and the circumstance making the change necessary.

e. Non-Conformance & Corrective Action Reports: These reports shall list the status of any identified instances of non-compliance or non-conformance, or of corrective actions deemed necessary by the Owner, based on regulatory guidelines and the terms of the contract.

Quarterly updates to the School Board and Board of Supervisors of Northampton County will also be required.

7. The Contractor will submit a Pay Application and a Critical Path Method (CPM) Construction Schedule monthly.

a. At the beginning of construction, CM will review and verify that the Contractor’s construction schedule is prepared in accordance with the requirements of the contract documents.

b. Monthly, CM shall also review the progress of construction made by the Contractor and determine the percentage complete of each construction activity indicated on the Contractor’s schedule. This shall be reviewed with the Contractor, Architect, and the Owner. This evaluation shall serve as data for periodic construction schedule report and update, actual vs. scheduled progress, and basis for progress payments to the Contractor. Should the need arise, CM may require the Contractor to prepare and submit a recovery schedule.

c. Monthly, review Contractor’s request for progress payment with Architect and Owner to determine whether the amount requested truly reflects the progress of the Contractor’s work. The report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. Certificate of Payment shall be signed by CM, Architect, and Owner’s Representative prior to processing.

8. Work and consult with all design professionals as needed throughout the project. 9. Prepare a list and schedule, based upon project contract documents, of required

submittals, inspections, and testing and maintain logs of each. 10. Plan for, coordinate and ensure that all owner-provided, third-party construction testing

and/or verification is performed as specified and is in compliance as specified in the project construction documents.

11. Verify that all Contractor-provided construction testing and/or verification is performed as specified and is in compliance as specified in the project construction documents.

12. Establish and maintain a daily CM presence on-site, as the Owner’s representative, in keeping with the needs of the construction management plan, to include:

a. Act as the eyes and ears of the Owner on-site and vigilantly represent the Owner’s interest;

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b. Establish and implement coordination and communication procedures among the CM-Owner-Architect-Contractor.

c. Monitor and inspect all construction materials, equipment, and supplies for compliance with the project construction contract documents;

d. Monitor and inspect the workmanship and installation for compliance with the project construction contract documents;

e. Monitor subsurface and physical conditions on the site to determine if conditions of question by the Contractor regarding site differ from what the Contractor is entitled to rely upon from what is indicated or referred to in the contract documents.

f. Identify any work or safety procedure not in compliance with the project contract documents and advise the Owner, Contractor, and other parties as needed;

g. Submit to the Owner, a weekly report summarizing significant activities and occurrences at the project site, including a running record of outstanding, unresolved issues and a running record of discrepancies/deficiencies.

h. Working with the Contractor, schedule, observe and document all on-site testing that is specified in the project contract documents;

i. Make recommendations to the Owner which identify, alleviate, or correct issues, risks, and errors.

13. Keep and maintain detailed records for the project. Make records available to Owner upon request. Records shall include, but not be limited to:

a. Project status reports (daily, weekly, or monthly as requested by the Owner) in a format prescribed or approved by the Owner;

b. Logs (including digital photos) of construction/inspection activities, logs may also be required to include ongoing analysis of actual hours used, versus hours estimated on the CM’s fee proposal;

c. Project specific email and other written correspondence (Note: Any correspondence related to Northampton County business may be subject to Virginia Freedom of Information Act (FOIA) requests);

d. Project file to incorporate all material and equipment information; e. Logs of owner-provided test and inspections/reports; f. Approved drawings and as-built mark-ups; g. Requests for information/clarifications with responses; h. General correspondence; i. Change order requests and subsequent responses; j. Any other such reports as may be required by best practices, the construction

management plan for the specified project, or by the project contract documents for the specified project.

14. Owner desires Whole Building commissioning for this project, to include building systems such as HVAC, electrical, plumbing, wastewater, windows, operable walls, roofs, etc. Owner wants to ensure that the control systems, like security and phones, integrate with other NCPS facilities, not just within the newly renovated facility. Training will also be required to be provided by the Contractor for certain systems. It is anticipated that the individual building commissioning services will be provided by a combination of the Contractor, Architect, and the CM, but the CM shall be responsible for overseeing the Whole Building Commissioning and Training process. Any commissioning services for specific systems will be identified during the design phase

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and if it is determined that the CM will be responsible for commissioning a system, this will be provided as additional services.

15. Establish and implement a change order control system. When project, site or other conditions warrant a change of project scope the CM shall (coordinating with the Architect, as required) expeditiously obtain, from the Contractor, a written Proposed Change Order (PCO) for said changes. Each PCO shall be complete with all necessary supporting documents as required by the Owner. The CM shall expeditiously evaluate PCO’s, and ensure fairness, reasonableness, and compliance with the contract documents. The CM shall consult with the Architect, as necessary, and advise the Owner on a course of action.

16. Expeditiously transmit all submittals, request for information (RFI), proposed change orders (PCO), change orders (CO), test results and clarifications to the Owner and appropriate parties. CM’s review should include fairness, reasonableness, and anticipated effect on contract compliance, budget, and schedule.

17. Owner initiated changes will be described in detail in a Request for Proposal issued to the Contractor with associated drawings. The Contractor's response will be submitted and evaluated by the CM for cost and time adjustments and reviewed by the CM with the Architect prior to being forwarded for signatures.

D. Final Construction Phase

1. Prepare a complete project checklist for all final close-out documents and activities as prescribed by the project contract documents.

2. Ensure coordination of post-construction activities including testing and/or commissioning of all major components and systems.

3. Verify project is ready for substantial completion inspections prior to actual inspection.

4. Coordinate and oversee punch-list and close-out activities of Contractor. 5. Ensure specific training occurs, per contract requirements, of Owner’s staff in start-up

and use of the new facilities and/or equipment; document all training and participants. 6. Ensure completed work is in compliance with the construction documents. 7. Where not directly the responsibility of the Architect, collect and verify all “as-built”

drawings and any other material as required by the project construction documents for close-out purposes (warranties, guarantees, operating manuals, and spare parts). All documents shall be indexed and bound in an organized manner prior to delivery to the Owner.

8. Coordinate preparation of record documents by Architect to be transmitted to the Owner.

9. Consult with Architect and Owner in determining when the project and Contractor’s work is completed and issue a Certificate of Final Completion. CM shall provide the Owner a written recommendation regarding payment to the Contractor.

10. Assist Owner in obtaining an occupancy permit by coordinating final testing, training, preparing and submitting documentation to governmental agencies and accompanying government officials during inspections of the project.

11. Prepare an Occupancy Plan in collaboration with the Owner that includes a schedule for location of furniture, equipment, and the Owner’s personnel and provide a copy of said Plan to the Owner.

12. At the conclusion of the project, the CM shall prepare and deliver to the Owner a final accounting of the project budget and all close out reports.

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E. Other Requirements. The Offeror shall: 1. Provide for their own transportation to and from project site; 2. Provide their own mobile phone, computers, printers/copiers, email, testing and

sampling equipment, and cameras; 3. Provide their own on-site office space on the project site during the Construction and

Final Construction phases. 4. Have the ability, skills, and software necessary to open, view, save and print industry

standard CAD and Revit applications; 5. Be responsible for electronically reviewing the Contractor’s construction schedule

using a CPM scheduling software mutually agreed upon by CM and Owner; 6. Have the ability and skill to create, open, read, save, and print portable document

format (pdf) files; 7. Have the ability and skill to open, create, modify, save and print documents in MS

Word and Excel formats; 8. Have the ability and skill to compress/decompress (zip/unzip) as needed, transmit,

and receive all of the above and any other project-related correspondence electronically (via email);

9. Have proficiency in utilizing the internet in conducting research; 10. Have proficiency in using common email exchange applications and File Transfer

Protocol (ftp); and 11. Assist in analysis and defense of claims filed against the COUNTY or Owner, or in

development of claims to be filed on the COUNTY or Owner’s behalf.

F. Construction Manager Authority: 1. The Construction Manager has no authority to and shall not:

a. Authorize deviations from the contract documents; b. Enter into areas of responsibility of the Contractor’s superintendent; c. Issue directions regarding construction means, methods, techniques,

sequences or procedures, or safety precautions and programs in connection with the work; or

d. Issue or approve certificates for payment. V. PROPOSAL PREPARATION AND SUBMISSION A. General Requirements

1. RFP Response: In order to be considered for selection, Offerors must submit a complete response to this RFP. One electronic copy, one wet signed original, and twelve hardcopies of each proposal must be submitted to:

County of Northampton Administration Department 16404 Courthouse Road P.O. Box 66 Eastville, VA 23347

Reference the Opening Date and Hour, and RFP Name in the lower left-hand corner of the return envelope or package.

No other distribution of the proposals shall be made by the Offeror.

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2. Proposal Preparation a. Proposals shall be signed by an authorized representative of the Offeror. All

information requested should be submitted. Failure to submit all information requested may result in COUNTY requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by COUNTY at its discretion. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. 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 "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.

e. Each copy of the proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume.

f. Ownership of all data, material and documentation originated and prepared for COUNTY pursuant to the RFP shall belong exclusively to COUNTY and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, to prevent disclosure the Offeror must invoke the protections of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other materials is submitted. The written request must specifically identify the data or other materials to be protected and

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state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line-item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.

g. Any interpretation, correction or change of the RFP will be made by an addendum. All inquiries for information regarding this solicitation should be directed to Charles Kolakowski at ckolakowski@co.northampton.va.us at least seven (7) days before the deadline. Answers will be faxed, emailed or mailed to all who are listed as having received the RFP Package within two (2) working days of receipt of the submission. It is the offeror’s responsibility to obtain addenda. Questions received after the time and date above will not be responded to. Acknowledgement of receipt of all addenda issued and taken into consideration in the submittal of any proposal is required as part of the proposal package.

h. No Proposer shall confer on any public employee having official responsibility for a purchasing transaction any payment, loan, subscription, advance, deposit or money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to COUNTY and Owner. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal but will in no way change the original proposal. COUNTY will schedule the time and location of these presentations. Oral presentations are an option of COUNTY and may not be conducted. Therefore, proposals should be complete.

B. Specific Requirements

1. Proposals should be as thorough and detailed as possible so that COUNTY and Owner may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following information/items as a complete proposal:

a. The return of the General Information Form and addenda, if any, signed and filled out as required.

b. Each Proposer is to state whether or not any of the Proposer’s owners, officers, employees, or agents, or their immediate family members, is currently, or has been in the past year, an employee of the County of Northampton or has any responsibility or authority with the County that might affect the procurement transaction or any claim resulting therefrom. If so, please state the complete name and address of each such person and their connection to the County of Northampton. Each Proposer is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Virginia Code, as set forth in Section IV L. of this RFP, apply to this RFP.

c. Responsiveness/Responsible Determination i. List the location of the offeror’s headquarters, nearest offices,

applicable phone and facsimile numbers and any other pertinent information relative to the size and organizational structure of the company.

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ii. Provide the financial data that demonstrates the offeror’s capability to successfully perform the scope of work outlined herein. This shall include information on the financial stability of the firm; e.g. annual financial reports, statements, and credit bureau ratings. Additionally, your firm’s ability to meet and obtain the insurance requirements stated herein (this means a copy of the firm’s current certificate of insurance showing the coverage and/or a written statement from the firm stating they will provide the required coverage upon award of the contract).

iii. Identify all subcontractors (including consultants, advisors and suppliers) to be used and describe specific responsibilities, qualifications, and background experience of all key personnel.

iv. Provide a listing of any lawsuits, related to your business, in which the Proposer has been a defendant.

d. Qualifications and Experience

i. Provide the documented experience and resumes of key personnel and the firm’s experience in providing the successful completion of similar projects within the last five years. Expertise should be demonstrated in the following areas:

1. Construction project management services for public agency capital improvements

2. Providing construction project management services for fast-track construction

3. Providing construction project management services for projects of similar size and complexity

4. Whole Building Commissioning 5. Commissioning of MEP systems

ii. Describe in detail the services offered by your firm to include, but not be limited to, Overseeing Whole Building Commissioning, MEP systems commissioning, Constructability Review, estimating, scheduling, and engineering.

iii. Provide an organization chart (block diagram) and written description of the proposed project team with the names and titles of the key individuals shown. Include a supporting narrative to describe the qualifications, education and experience of the personnel to be assigned. Identify the persons authorized to represent the firm.

f. Availability

i. Include a statement of your firm’s availability to start work upon contract execution and to continue uninterrupted until project completion.

g. Price i. Include a complete price schedule to include the services described

in the RFP. Include the hourly rates for all personnel that would be assigned to the project, including overhead factor, if any.

h. References

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i. Four (4) recent references, including specifically K-12 school projects, or otherwise governmental, for whom you have provided the type of services described herein. Include the date(s) the services were furnished, the client name, address and the name and phone number of the individual COUNTY has your permission to contact. Offerors are strongly advised to verify that the required information is accurate and that those listed as references will respond to COUNTY’S inquiries. Non-responsive references may be deemed negative references and scored as such.

2. Drug Free Workplace: During the performance of this contract the contractor agrees to: a. Provide a drug-free workplace for the contractor’s employees. b. Post in conspicuous places, available to employees and applicants for

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

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

d. Include the provisions of the foregoing clauses for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this section, 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 this contract.

3. Faith-based Organization: Northampton County does not discriminate against faith-based organizations in accordance with the Code of Virginia, Section 2.2-4343.1.

4. Environmental Management: Contractor shall be responsible for complying with all applicable federal, state, and local environmental regulations, if any.

5. Finance Charges: Northampton County will not pay any finance charges imposed on any invoices submitted by the contractor relative to this RFP.

6. NO CONTACT Any contact with any Member of the Northampton County Board of Supervisors,

Northampton County Public School Board or representative or employee of those organizations, other than as outlined in this RFP, is prohibited. Such unauthorized contact may disqualify an offeror from this procurement.

7. CERTIFICATION OF CRIME AGAINST CHILDREN The Offeror shall provide certification that Offeror and Offeror’s employees, and all other

persons who will have direct contact with students on school property during regular school hours or during school-sponsored activities have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. In accordance with this paragraph, Offeror shall execute the certification attached hereto as Appendix I and submit the certification contemporaneously with the executed Contract.

Pursuant to Code of Virginia §22.1-296.1, any person making a materially false statement regarding offenses which are required to be included in the certification referenced above

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shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. The Northampton County Board of Supervisors and the Northampton County School Board shall not be liable for materially false statements regarding the certifications required under the Contract.

8. CERTIFICATION OF INTEREST & RELATIONSHIPS WITH NORTHAMPTON COUNTY BOARD OF SUPERVISORS, THE SCHOOL BOARD AND EMPLOYEES OF THOSE RESPECTIVE BOARDS. To the extent that neither Offeror nor any of Offeror’s officers, directors, or executive employees, maintains a financial or familial relationship with any person acting for or employed by, the Northampton County Board of Supervisors, School Board or Northampton County Public School employees. Offeror shall reveal such relationships to the Board of Supervisors and School Board. In accordance with this paragraph, Offeror shall execute the certification attached hereto as Appendix II and submit the certification contemporaneously with the executed Contract.

9. NO WEAPONS ON SCHOOL GROUNDS Carrying, bringing, using or possessing any firearm, dangerous device, or dangerous or deadly weapon in any school building, on school grounds or in any school without the prior authorization of the School Superintendent is prohibited.

VI. SELECTION CRITERIA AND AWARD A. Selection Criteria. Proposals will be evaluated by COUNTY and Owner using the following:

Maximum Point Criteria Value 1. Responsiveness/Responsible determination 30 2. Qualifications and Experience 30 3. Availability 15 4. Price 15 5. References 10

____________ Total 100 Upon review of proposals, favorable references from past and present clients will be considered before final award. Attributes desired include:

1. Ability to meet deadlines; 2. Low turn-over rate of staff assigned to Project; 3. Efficient Project Management; and 4. Quality of work.

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Acceptable and Unacceptable Proposals and Rejection of Offers COUNTY reserves the right to: (a) reject any or all proposals received; (b) cancel this RFP at any time prior to award; and/or (c) waive informalities in the event that the COUNTY determines such action is in its best interests.

B. Award Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposal, including price, if so stated in the Request for Proposal. Negotiations shall be conducted with the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, COUNTY shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. COUNTY may cancel this Request for Proposal or reject proposals at any time prior to an award and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. (Section 2.2-4359(D.), Code of Virginia.) Should COUNTY determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of this solicitation and the Contractor's proposal as negotiated. See Attachment B for sample contract form.

VII. CONTRACT ADMINISTRATION A. Charles Kolakowski, County Administrator, at COUNTY or his designee, shall be identified as

the Contract Administrator and shall use all powers under the contract to enforce its faithful performance.

B. The Contract Administrator, or his designee, shall determine the amount, quantity,

acceptability, fitness of all aspects of the services and shall decide all other questions in connection with the services. The Contract Administrator, or his designee, shall not have authority to approve changes in the services which alter the concept, or which call for an extension of time for this contract. Any modifications made must be authorized by the COUNTY Purchasing Department through a written amendment to the contract.

VIII. ATTACHMENTS

Attachment A - Terms and Conditions Attachment B - Standard Contract Form Attachment C - Supplemental Project Documents Attachment D - Certification of Crimes Against Children

Attachment E - Certification of Interests & Relationships with Northampton County Board of Supervisors, School Board, or Employees of either Northampton County Board of Supervisors or Northampton County Public Schools.

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ATTACHMENT A

TERMS AND CONDITIONS

SPECIAL TERMS AND CONDITIONS

1. AUDIT: The Contractor hereby agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. COUNTY, its authorized agents, and/or the State auditors shall have full access and the right to examine any of said materials during said period.

2. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that 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.

3. CANCELLATION OF CONTRACT: COUNTY reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

4. INDEPENDENT CONTRACTOR: The contractor shall not be an employee of COUNTY but shall be an independent contractor. Nothing in this agreement shall be construed as authority for the contractor to make commitments which shall bind COUNTY, or to otherwise act on behalf of COUNTY, except as COUNTY may expressly authorize in writing.

5. INSURANCE: By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the following insurance coverages at the time the work commences. Additionally, it will maintain these during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

During the period of the contract, COUNTY reserves the right to require the Contractor to furnish certificates of insurance for the coverage required.

INSURANCE COVERAGES AND LIMITS REQUIRED:

A. Worker's Compensation - Statutory requirements and benefits. B. Employers Liability - $100,000 C. General Liability – Combined single limit not less than $1,000,000 per occurrence with an

annual aggregate of not less than $2,000,000.COUNTY shall be named as an additional insured with respect to services being procured. This coverage is to include Premises/Operations Liability, Bodily Injury and Property Damage, Products and Completed Operations Coverage (two years minimum from project completion), Independent Contractor's Liability, Owner's and Contractor's Protective Liability, Personal Injury Liability, and Advertising Liability.

D. Automobile Liability - $1,000,000 per occurrence. E. Errors and Omissions Liability - $2,000,000 per occurrence with not less than $6,000,000

aggregate.

The contractor agrees to be responsible for, indemnify, defend and hold harmless COUNTY, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not

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limited to claims under the Worker's Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless COUNTY, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contract.

6. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of COUNTY. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish COUNTY the names, qualifications and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by his subcontractor(s) and shall assure compliance with all requirements of the contract.

GENERAL TERMS AND CONDITIONS 1. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to COUNTY that they

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

In every contract over $10,000 the provisions in A and B below apply: A. During the performance of this contract, the Contractor agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because

of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

B. The Contractor will include the provisions of A above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

3. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with applicable federal, state and local laws and regulations.

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

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5. CHANGES TO THE CONTRACT: Changes can be made to the Contract in any one of the following ways:

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

B. COUNTY may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as the method of packing or shipment and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give COUNTY a credit for any savings. Said compensation shall be determined by one of the following methods:

1) By mutual agreement between the parties in writing; or 2) By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done

can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to COUNTY right to audit the Contractor's records and/or to determine the correct number of units independently; or

3) By ordering the Contractor to proceed with the work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present COUNTY with all vouchers and records of expenses incurred and savings realized. COUNTY shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to COUNTY within thirty (30) days from the date of receipt of the written order from COUNTY. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the dispute’s provisions of the Virginia Public Procurement Act. Neither the existence of a claim or a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by COUNTY or with the performance of the contract generally.

6 CLAIMS. Contractual claims, whether for money or other relief, shall be submitted in writing to the County Administrator, 16404 Courthouse Road, P O Box 66, Eastville, Virginia 23347, no later than sixty (60) days after final payment; however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pending claims shall not delay payment of amounts agreed due in the final payment (Code of Virginia, Section 2.2-4363). A contractor may not institute legal action prior to receipt of the County Administrator’s decision on the claim, unless that office fails to render such decision within thirty (30) days. The decision of the County Administrator shall be final and conclusive unless the contractor, within six (6) months of the date of the final decision on the claim, institutes legal action as provided in the Code of Virginia, Section 2.2-4364.

7. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

8. DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type

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of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

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

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

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

11. EO/AA STATEMENT: COUNTY, an equal opportunity, affirmative action institution covered by presidential executive order 11246 as amended, advises all contractors, subcontractors, vendors and suppliers that direct receipt of federal funds may require appropriate action on their part.

12. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor 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.

13. FACSIMILE PROPOSALS: Facsimile proposals received in the COUNTY Administration Department prior to the time and date designated for proposal submission will NOT be accepted.

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

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

16. LATE PROPOSALS: To be considered for selection, proposals must be received by the COUNTY Administration Department, 16404 Courthouse Road, P O Box 66, Eastville, Virginia 23347, by the designated date and hour. Proposals received in the COUNTY Administration Department after the date and hour designated are automatically disqualified and will not be considered. COUNTY is not responsible for delays in the delivery of mail by the U.S. Postal Service,

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private couriers, or another means of delivery. It is the sole responsibility of the offeror to ensure that its proposal reaches the COUNTY Administration Department by the designated date and hour.

17. MANDATORY USE OF COUNTY FORMS AND TERMS AND CONDITIONS: Failure to submit a proposal on the official COUNTY form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, COUNTY reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

18. PAYMENT: A. TO PRIME CONTRACTORS: 1) Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly

to the payment address shown on the purchase order/contract. All invoices shall show the COUNTY or state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2) Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

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

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

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

B) TO SUBCONTRACTORS: 1) A contractor awarded a contract under this solicitation is hereby obligated: a) To pay the subcontractor(s) within seven (7) days of the contractor's receipt of payment from

the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

b) To notify COUNTY and the subcontractor(s), in writing, of the contractor's intention to withhold payment and the reason.

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

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19. PRECEDENCE OF TERMS: Paragraphs 1, 2, 3, 7, 8, 12, 14, 17, 18, and 27 of these General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

20. PUBLIC NOTICE OF AWARD: Public notice of the purchase order/contract award will be posted on the Public Information Board located in the COUNTY Administration Department, 16404 Courthouse Road, Eastville, Virginia 23347. Award information may also be obtained by contacting the buyer whose name appears on the solicitation.

21. QUALIFICATIONS OF OFFERORS: COUNTY may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the work/furnish the item(s) and the offeror shall furnish to COUNTY all such information and data for this purpose as may be requested. COUNTY reserves the right to inspect offeror's physical facilities prior to award to satisfy questions regarding the offeror's capabilities. COUNTY further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy COUNTY that such offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

22. SUPREMACY CLAUSE: Notwithstanding any provision in the offeror’s response to the contrary, the offeror agrees that the terms and conditions contained in COUNTY proposal prevail over contrary terms and conditions contained in the offeror’s response.

23. TAXES: Sales to COUNTY are normally exempt from State sales tax; State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall be free of Federal excise and transportation taxes. COUNTY excise tax exemption registration number is 54-6001468.

24. TESTING AND INSPECTION: COUNTY reserves the right to conduct any test/inspection it may deem advisable to assure supplies and services conform to the specification.

25. TRANSPORTATION AND PACKAGING: By submitting their proposals, all offerors certify and warrant that the price(s) offered are for FOB destination and include only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

26. USE OF BRAND NAMES: Unless otherwise provided in this solicitation; the name of a certain brand, make or manufacturer does not restrict offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which COUNTY in its sole discretion determines to be equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The offeror is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable COUNTY to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Unless the offeror clearly indicates in its proposal that the product offered is an "equal" product, such proposal will be considered to offer the brand name product referenced in the solicitation.

27. VENDOR’S MANUAL: Any resulting contract is subject to the provisions of the Commonwealth of Virginia Vendor’s Manual and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of this manual is available from the Division of Purchases and Supply in Richmond, VA (804) 786-3845.

28. NONDISCRIMINATION OF CONTRACTORS: An offeror or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law

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relating to discrimination in employment or because the offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

29. CONTRACTOR CERTIFICATION OF COMPLIANCE WITH VIRGINIA CODE SECTION 22.1-296.1: Contractor acknowledges that the implementation of the above-referenced contract for services may require Contractor, Contractor’s employees or other persons within Contractor’s control to have direct contact with County of Northampton Public Schools students on school property during regular school hours or during school-sponsored activities. As evidenced by the authorized signature below, Contractor hereby certifies to Northampton County and to the Northampton County School Board that all persons who will provide such services for or on behalf of the Contractor on public school property have not been convicted of a violent felony that constitutes a barrier crime in subsection A of §19.2-392.02; or any offense involving the sexual molestation or physical or sexual abuse or rape of a child; or any crime of moral turpitude.

Contractor hereby acknowledges that, pursuant to Virginia Code section 22.1-296.1, any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services.

Contractor hereby agrees that this Certification shall be binding throughout the contract term, and that it will provide immediate notice to Northampton County and the Northampton County School Board of any event that renders this certification untrue.

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ATTACHMENT B

Standard Contract form for reference only Offerors do not need to fill in this form

COUNTY OF NORTHAMPTON

STANDARD CONTRACT

This Contract entered into this ____ day of ____________ 20___, by ______________________, hereinafter called the "Contractor" and County of Northampton, called "COUNTY". WITNESSETH that the Contractor and COUNTY, in consideration of the mutual covenants, promises and agreements herein contained, agrees as follows: SCOPE OF CONTRACT: The Contractor shall provide the _____________ to COUNTY as set forth in the Contract Documents. CONTRACT PERIOD: The initial contract period is ____________ through __________________. COMPENSATION AND METHOD OF PAYMENT: The Contractor shall be paid by COUNTY in accordance with the contract documents. CONTRACT DOCUMENT: The contract documents shall consist of this signed contract, Request For Proposal dated __________, together with all written modifications thereof and the proposal submitted by the Contractor dated _________ and the Contractor's letter dated __________, all of which contract documents are incorporated herein. In WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. Contractor: County of Northampton: By:___________________________________ By: ___________________________________ Title:__________________________________ Title:__________________________________

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ATTACHMENT C

SUPPLEMENTAL PROJECT DOCUMENTS

The following conceptual site plan, floor plans, and educational building program were generated as part of the Modernization Study performed by Waller, Todd and Sadler in 2020. These were approved by the Building Committee as the Conceptual Design components and shall be the basis of design for design development, and the scope of work and fees are based upon these components.

The project basis of design is to provide selective demolition, renovations and additions to the existing high school building to turn it into a Middle and High School facility on the site of the existing high school. There will be selective demolition of portions of the building including the 1954 wing (including the Kitchen/Cafeteria, Auditorium, main Mechanical/Electrical rooms and various classrooms), a portion of the 1978 wing to include the area that includes the Health and Band Rooms, and the Girls Locker Room area.

The approximate area of demolition is 35,000 sf, the approximate area of renovation is 80,000 sf, and the approximate area of new additions is 65,000 sf. The overall area of the modernized Middle and High School will be approximately 145,000 sf. The CTE building will be renovated with no net change in the overall square footage.

The remaining portions of the High School will receive interior and exterior renovations to include, but not limited to, upgrades to interior finishes, building systems, and reconfiguration of interior partitions as required; and improvements to exterior envelope including roof replacement and repairs to exterior walls/windows. The CTE building will receive interior renovations to include, but not limited to, upgrades to interior finishes, building systems, and limited reconfiguration of interior partitions. The reconfiguration of the interior will be limited to removal of sections of demountable partitions and new metal stud/GWB partitions as required to accommodate the building program. It is not the intent to reconfigure the CMU partitions except in the area of the locker room, which is intended to be gutted and repurposed for another program use. Improvements to the exterior envelope will be limited to repairs needed to roofing (which may or may not require a complete reroofing) and exterior walls/windows.

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CONCEPTUAL SITE AND FLOOR PLANS – BASIS OF DESIGN

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27

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APPROVED CONCEPTUAL RENDERING - AERIAL VIEW OF SITE

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APPROVED CONCEPTUAL RENDERING - COURTHOUSE ROAD

APPROVED CONCEPTUAL RENDERING - FRONT ENTRY

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ATTACHMENT D

CERTIFICATION OF CRIMES AGAINST CHILDREN

Offeror acknowledges that the implementation of this contract requires Offeror’s employees or other persons within Offeror's control to have direct contact with Northampton County Public Schools’ students. Therefore, Offeror hereby certifies that neither Offeror, Offeror’s employees nor any person who will have direct contact with students on school property during regular school hours or during school sponsored activities have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. Offeror understands that, pursuant to Code of Virginia §22.1-296.1, making a materially false statement regarding offenses which are required to be included in the certification referenced above is a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. Northampton County Board of Supervisors, School Board or Northampton County Public School employees shall not be liable for materially false statements regarding the certifications required under this Contract.

*********************************************************************** Have you, your employees, or any person who will have direct contact with students under this contract been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child? □ NO □ YES (please explain) _______________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________ _______________

Offeror Date By: ____________________________

Name: __________________________

Title: ___________________________

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ATTACHMENT E

CERTIFICATION OF INTERESTS & RELATIONSHIPS WITH NORTHAMPTON COUNTY BOARD OF SUPERVISORS, SCHOOL BOARD OR EMPLOYEES OF EITHER

NORTHAMPTON COUNTY OR NORTHAMPTON COUNTY PUBLIC SCHOOLS Offeror hereby certifies that neither Offeror, nor any of Offeror’s officers, directors, or executive employees maintain a financial or familial relationship with any person acting for, or employed by, Northampton County (NC) or Northampton County Public Schools (NCPS). To that extent that such relationships exist, Offeror shall reveal the relationship below by describing the nature of the relationship and identifying the person with whom such relationship exists. Please complete and execute the certification statement(s) below.

*********************************************************************** □ Neither Offeror nor its officers, directors, or executive employees maintain a financial or familial

relationship with any person acting for, or employed by, Northampton County, or Northampton County Public Schools.

□ The following individuals currently maintain a financial relationship with Offeror: NC or NCPS Employee’s Name: Position with NC or NCPS: ________________________________________________________________________________

________________________________________________________________________________

Nature of Relationship: ____________________________________________________________________________________

________________________________________________________________________________

□ The following individuals currently maintain a familial relationship with Offeror: NC or NCPS Employee’s Name: ________________________________________________________________________________

Position with NC/NCPS:

________________________________________________________________________________

Nature of Relationship:

________________________________________________________________________________

________________________________ _______________ Offeror Date By: ____________________________

Name: __________________________

Title: ___________________________