March 17, 2018 Tourism Website Redesign & Development 18-8170-011
REQUEST FOR PROPOSALS
RFP #18-8170-01
March 17, 2018
Department of Budget & Finance
17090 Monument Circle, Suite 137
Isle of Wight, VA 23397
http://www.Isleofwightus.net
Tourism Website Redesign & Development
Sealed Proposals, subject to the conditions and instructions contained herein, will be received at the above office until the time
and date shown below (local prevailing time), for furnishing the items or services described in the proposal.
Scope of Work: Smithfield & Isle of Wight Tourism is seeking qualified firms to improve the customer-friendly
utility of our website, and to provide increased functionality and support in a user-friendly environment. We hope to
provide inspiration and information to potential and returning visitors to Smithfield and Isle of Wight County.
Proposal Due: March 29, 2018, at 5:00 PM
Contract Officer:
____________________________________________________________
Michael Coburn, Purchasing Agent, mcoburn@isleofwightus.net
**AN ELECTRONIC RESPONSE IS REQUIRED**
The Purchasing Agent, Michael Coburn, is the sole contact official for Isle of Wight County with respect to this RFP. All questions and/or
comments should be directed to him at this email address: mcoburn@isleofwightus.net. The respondents to this RFP shall not contact, either
directly or indirectly, any other employee or agent of the County regarding this RFP. Any such unauthorized contact may disqualify the bidder
from the procurement.
Company Name:
Address:
City / State / Zip:
Telephone: FAX No.:
E-mail:
Print Name: Title:
Signature: Date:
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SOLICITATION DOCUMENTS
Request for Proposals (RFP) documents, including any addenda, are available the Purchasing website:
http://www.co.isle-of-wight.va.us/budget-and-finance/ or on the Commonwealth’s bid board (eVA)
http://eva.virginia.gov/. Questions concerning this project must be in writing (email is preferred) and addressed to
the Purchasing Agent, as shown on page one, and should be sent via email no later than March 26, 2018. Email is
the preferred method for asking question and will get a faster response, but other written forms are acceptable.
Offers should be sent as a .pdf attachment to mcoburn@isleofwightus.net and copied to
vbranch@isleofwightus.net. The electronic submittal shall be 150 MB, or less, saved as a .pdf document and
should conserve disk space to allow easy transfers of data.
QUESTIONS
Questions pertaining to this RFP should be directed to the Purchasing Division, Michael Coburn, Purchasing Agent,
mcoburn@isleofwightus.net AND Virginia Branch, Administrative Assistant, vbranch@isleofwightus.net, not
later than March 26, 2018, by 5:00 p.m. prevailing local time. All questions must be submitted in writing;
telephone inquiries will not be considered.
IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN ORDER TO
PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THE PROJECT MANAGER AS SOON AS
POSSIBLE.
We do not have means to keep a plan-holders list, or the names of firms that have downloaded copies of the RFP from
various websites. Please check the County’s website prior to submitting your proposal to ensure that a complete up-to-
date package has been received.
In compliance with this Request for Proposals, and subject to all the conditions thereof, the undersigned offers, if the
offer is accepted within one hundred and twenty (120) calendar days from the date of the receipt of proposals, to
furnish specified services offered, at the price set, to be delivered at the time and place as specified herein. The
undersigned certifies he has read, understands, and agrees to all terms, conditions, and requirements of this Request
for Proposals, and is authorized to contract on behalf of firm.
Isle of Wight County does not discriminate against faith based organizations.
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CONTENTS
SOLICITATION DOCUMENTS ......................................................................................................................... 2
QUESTIONS ................................................................................................................................................... 2
Contents ...................................................................................................................................................... 3
GENERAL ....................................................................................................................................................... 4
SCOPE OF WORK ........................................................................................................................................... 4
SUBMITTALS .................................................................................................................................................. 8
EVALUATION CRITERIA (Listed in Order of Importance) ............................................................................... 8
EVALUATION PROCEDURES .......................................................................................................................... 9
PROPRIETARY INFORMATION ....................................................................................................................... 9
REFERENCES ................................................................................................................................................ 10
CONDITIONS AND INSTRUCTIONS ................................................................................................... 11
PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION ............................................ 24
EXCEPTIONS TO RFP ........................................................................................................................... 25
ANTICOLLUSION/NONDISCRIMINATION/DRUG FREE WORKPLACE CLAUSES .................. 26
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GENERAL
Smithfield & Isle of Wight Tourism is seeking qualified firms to improve the customer-friendly utility of our
website, and to provide increased functionality and support in a user-friendly environment. The primary goals are to
provide inspiration and information to potential and returning visitors to Smithfield and Isle of Wight County and to
put ‘feet on the street’ and ‘heads in beds’ by increasing visitation to the website and ‘time on site’ engagement.
create a ‘mobile-first’ response rather than a simple ‘mobile friendly’ website. To accomplish this, we expect an
improved design with new features, improved navigation and overall functionality, and the provision of appropriate
support required to maintain the system. We hope to be able to launch this site by Spring/Summer 2018.
With its quaint, historic Main Street and independent shops and restaurants, its historically significant attractions and
the area’s many popular special events, the town of Smithfield and Isle of Wight County, located in Coastal
Virginia, has had an active tourism industry and tourism bureau for over 25 years. In 2013-2014 the Smithfield &
Isle of Wight County Convention & Visitors Bureau (CVB) partnered with Smithfield 2020 to conduct a branding
initiative resulting in the current “Genuine Smithfield…Savor our Small-Town Southern Charm” brand, logo, and
look. With the launch of the new brand a Weebly website was created and has served as the destination’s website
since.
The Smithfield & Isle of Wight County Convention & Visitors Bureau (CVB) is pleased with the look and
function of the current site. It’s extremely easy for CVB staff to add pages, forms, videos, etc. however the site does
not function well on mobile devices – it is not mobile-responsive. With a maximum budget of $45,000, the CVB is
now poised to create a new mobile-responsive site.
There are several different types of visitors to Smithfield & Isle of Wight County. They include:
• Day trippers from the Historic Triangle (Williamsburg, Yorktown, Jamestown)
• Day trippers from Coastal Virginia
• Overnight visitors who come to the destination for business or one of the area’s special events
In the past, more visitors to the area were “baby boomers,” however as this population ages, the CVB is trying to
reach a younger audience. Special events are key drivers for the younger audience.
Examples of Preferred Website Designs:
These examples are sites that work well and are well designed on smartphones.)
http://www.visitfinland.com/ Visit Finland – Gorgeous site. Well laid out with lot of great images
https://www.virginia.org/ Virginia.org – Simple and easy to follow but well-designed and appealing
SCOPE OF WORK
Using industry best practices Website Vendor will design a custom look and feel for the new Smithfield & Isle of
Wight County Convention & Visitors Bureau (CVB) Tourism website using the existing “Genuine Smithfield”
brand. The website will feature a high impact design while still maintaining ease of use to easily guide the visitor to
the information they are looking for and encourage them to take action. The Website Vendor will utilize current
marketing trends to offer direction on the overall function of the site so that it becomes a marketing tool rather than
simply a directory of information. The vendor will utilize Google Analytics (provided by the CVB if necessary) to
analyze visitation trends and other functions of the current site to make recommendations on the design and function
of the new site.
Site Upkeep: It’s critical that staff understands how updating/editing the site will function after it’s turned over. The
Content Management System (CMS) must be user-friendly and if training is necessary, the cost needs to be included
in the price quoted. Offerors shall provide a quote that includes any annual or monthly, fees including charges for
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updating software, hosting, or any edits that CVB staff can’t do. The Offerors will also provide information on any
costs involved with the CMS that are not included in the price quoted (annual fees, subscriptions, etc.)
Site Design: Mobile Responsive: The primary purpose of this redesign is to implement a mobile-responsive,
optimized website that is effective, easy-to-navigate, attractive and branded to the CVB’s current “Genuine
Smithfield” design. With over 51% of website visitors accessing the site via a phone, the site’s appearance on
desktop monitors and tablets, while important is secondary to how it appears and functions as a mobile site. Website
visitors need to be inspired to visit and be able to quickly find the information they are looking for on-the-go from a
well-designed mobile site, rather than a reduced version of the desktop site.
Content Management System (CMS): The Designer will implement a user-friendly CMS allowing CVB staff the
ease of making updates to the website such as events, updates to current listings, new pages, blog posts, itineraries,
testimonials, videos, edits on maps on the site, etc., without incurring additional agency fees.
Design Process: The Designer will detail its process used in designing and building the new website.
Slideshow and Video Capabilities: The Designer will implement tools within the CMS that will allow CVB staff
to easily upload and display slideshows and videos (both online and originals), including to the site’s main header
image(s).
Online Forms/Newsletter Sign-up: The Designer will implement tools within the CMS that will allow CVB staff
to easily create online forms, such as a sign-up form for their newsletter.
Calendar of Events and Activities: The Designer will create an events calendar section for the new website, where
visitors can view upcoming events. Events will be separated by month and include a calendar navigation tool. Each
event will have its own website page. There will also be the ability for users to search for specific events. An
administrative tool will be created that allows CVB staff the ability to add/edit/delete events. All events listed on the
site currently will be added.
The Designer will provide the design and function of an events link or section to the homepage of the new site that
is attractive, simple to navigate, and integrated to the events page of the site so that CVB staff can easily update the
information.
Maps: The Designer will provide recommendations on including the following maps to the website, including
where these maps should be located (homepage or within the site).
• A map displaying the mileage from the Washington DC area to Northern North Carolina
• A map displaying the mileage from the various Coastal Virginia cities
• A map of downtown Smithfield.
• A map of Isle of Wight County.
The Designer will provide direction for which (if any) of these maps should be interactive.
Integration of a Blog: Designer will integrate the CVB’s current Wordpress blog (VisitSmithfieldVABlog.com) or
create a new one into the CMS that will allow CVB staff to provide fresh content to the website. Existing blog posts
from 2017 will be added if a new blog is created.
E-Commerce: At this time, the CVB has no need for an e-commerce function.
Pop-Ups: The CVB is not interested in including this function on their site.
Google Analytics: The Designer will integrate Google Analytics within the website as well as set-up the site’s
Google Analytics page so that CVB staff can easily log in and monitor website traffic statistics.
Social Media Integration: The Designer will provide recommendations and costs for integrating our social media
sites (as well as which platforms) onto the site.
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Training: The Designer will provide any necessary training on the CMS to ensure CVB staff are able to maintain
the website on their own.
URL/Hosting: Isle of Wight County’s Information Technology Department manages the ownership of all county-
related domain names. Hosting can be offered as part of the Website Vendor’s proposal.
Proposed Launch Date: Summer/Fall 2018.
Content on Current Site: The Designer will offer direction on the overall site pages and based on this
recommendation, create the main pages of the website and templates for CVB staff to add additional pages. (Please
see the “Populating the Site” bullet below*)
*Populating the Site: There are 233+ pages on the current GenuineSmithfieldVA.com site. These include pages for
various programs such as Smithfield Rocks (36 pages), the Downtown Smithfield Walking Tour (66 pages),
Hambassador Training (15 pages), 17 pages of itineraries, etc.
Following is a list of 80 pages in order of visitation (#1: most visited page, #81: least visited) from February 2017 –
February 2018. The CVB is looking for direction from the Website Vendor on which pages to keep, add, delete,
consolidate, etc. based on current market trends and the vendor’s expertise and experience. The CVB is also
requesting direction on how many of the pages the Website Vendor will populate and how many CVB staff will
populate.
1. Events
2. Attractions
3. Shopping
4. #1 Day Trip from Colonial Williamsburg
5. Food & Drink
6. Downtown Map
7. Hams
8. Lodging
9. Genuine Smithfield Walking Tour
10. Encore Weddings
11. Smithfield Rocks
12. History
13. Visit the Farms
14. Maps and Directions
15. Map of Isle of Wight County
16. Sign up for our blog
17. Military Discounts
18. Hospitality
19. Visitor Center
20. Newsletter
21. 8 Rainy Day things to do
22. Ham Cam
23. LOVEwork
24. HeArt
25. George Lundeen Statues
26. Civil War
27. Contact Us
28. Historic Timeline
29. Groups & Guided Tours
30. Isle of Wight County/Newcomers Guide
31. Outdoors and Wildlife
32. Porcine Parade
33. Sports & Recreation
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34. Community Ambassadors
35. Nearby Attractions
36. Tourism Staff
37. Bicycling
38. Visiting Smithfield from Richmond
39. Photo Contest
40. Visiting Smithfield from Williamsburg
41. Plan Your Trip
42. Free & Almost Free
43. Visiting Smithfield from VA Beach/Norfolk
44. Family-friendly
45. Pet-friendly
46. Genealogical Research
47. The Battle of Smithfield
48. Vegetarian/Vegan
49. #1 Weekend Getaway for Coastal Virginians
50. Birding
51. The Four Seasons
52. Awards and Recognition
53. Events Webpage Application
54. Merchants Page
55. Meetings
56. Public Art
57. Visiting Smithfield from the Peninsula
58. Windsor Castle Park Natural Playscape
59. Videos
60. Retail Therapy
61. Media
62. Visiting Smithfield from NORVA/DC
63. Hambassador Program (intro page)
64. Windsor Castle Park
65. Hospitality Hero
66. Smithfield Center
67. Visiting Smithfield from North Carolina
68. Geocaching
69. Green Travel
70. Weekend Getaway
71. Testimonials
72. Visiting Smithfield from Charlottesville
73. Social Media
74. Merchant Sign Up/Special Promotions (new page)
75. Media email list
76. Media kit
77. Foodie Detective
78. Genuine Smithfield Logo
79. Grand-Travel
80. Group Tour Profile Sheet
Pages recently added: Crush Friday, St. Patrick’s Day Parade, Boardwalk Art Show and “30 for 30”
Promo
It is important to note that these five groups of webpages are still important pages on the site:
• Walking Tour: These pages are visited often and we will keep all 66 pages
• Smithfield Rocks: We will keep those monthly articles dated from 2016 – 2018
• Hambassador Program: This is an online training program. We will keep all 15 pages
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• Itineraries: These are outdated and will be rewritten or deleted based on recommendations from the
Website Vendor.
• Restaurant Week menus: Individual menus are now set up as links to pdf’s off the Restaurant Week page.
The pdf’s will be created in January of 2019. Home Page
SUBMITTALS
Offerors should submit such reasonable documentation to support all the elements listed as evaluation criteria. This
should include qualifications, examples of successful past work of a similar nature, a work plan for this project, a
pricing method with not to exceed amount. Concise information should be submitted to allow the Evaluation
Committee a clear understanding of the qualifications of the Offeror. In addition, the pricing methods to be used for
the design, as well as annual fees that may apply shall be provided. The Offeror will provide references, including
email addresses, of customers currently using sites they have designed with a focus on tourism/travel related sites.
Since the funds for this project are not on-going, it is critical that the Smithfield & Isle of Wight County Convention
& Visitors Bureau (CVB) has a clear understanding from the Offeror of any ongoing, recurring, annual fees, or
charges as well as information on the cost for changes, updates, etc., to the site.
The Offeror will include an estimate of any annual maintenance fees and/or an estimate of potential additional
charges necessary to maintain the site (software updates, etc.) The Designer will accept the CVB’s priority to use the
proposed CMS to make updates and additions to the site by CVB staff to reduce charges/involvement by the
Designer once the site is launched.
Search Engine Optimization – State whether this is included in the price or extra. If extra, how much.
EVALUATION CRITERIA (Listed in Order of Importance)
Each proposal will be evaluated based upon the following criteria and compliance with the RFP instructions and all
mandatory terms and conditions as set forth in the solicitation. The intent is to select the Offeror who, in the sole
discretion of the County, will provide the best value and fit for the needs of the County. Each proposal will be
evaluated on the following weighted criteria:
1. Experience and qualifications (20%)
2. Overall costs for initial design and implementation (20%)
3. Cost/fees beyond initial design and implementation (20%)
4. Quality and ease of use of CMS for CVB staff (20%)
5. Ability to meet goals and deadlines (10%)
6. Completeness and quality of proposal. (10%)
The substance of proposals will carry more weight than form or presentation.
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EVALUATION PROCEDURES
Proposals will be evaluated and interviews scheduled with selected firms in accordance with the
“Competitive Negotiation for non-professional services” method as outlined in the Virginia Public Procurement Act.
A numerical evaluation will not be used, but rather the decision will be based on the respective strengths and/or
weaknesses of Offerors as perceived by the Evaluation Committee. The County may require a formal presentation
for short-listed Offerors, and intends to negotiate with two or more offerors, depending upon the results of this
solicitation. As allowed under the Code of Virginia, if in the opinion of the Evaluation Committee that one offer is
clearly more highly qualified, negotiations may be held with only that firm.
The evaluation committee may be comprised of users and potential users from various County departments. The
Committee will evaluate and rank the proposals using the evaluation criteria stated above, and negotiate a contract
in accordance with the process for competitive negotiation described in Section 2.2-4302.2 of the Virginia Public
Procurement Act (VPPA) for non-professional services.
The County reserves the right to accept or to reject any or all proposals in whole or in part, to make multiple
awards, and to waive informalities in the process of awarding this contract. The County further reserves the right
to make an award of a contract without further discussion of the proposals received, provided the Committee
determines in writing that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified
and suitable than the others under consideration. Therefore, proposals should be submitted with the most favorable
terms for the County as the Offeror can propose with respect to fulling the scope of work, staffing the Contractors
‘team,’ the technical capability, and proposed pricing.
The contents of the proposal as submitted by the Offeror, and any subsequent negotiated terms, will become a
part of a contract, once awarded. The Offeror’s representative shall be expected to sign a contract with the County.
Isle of Wight County does not discriminate against faith based organizations.
PROPRIETARY INFORMATION
Trade secrets or proprietary information submitted by an offeror with this solicitation shall not be subject to
disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of this
section prior to or upon submission of the data or other materials, and must clearly identify the data or other
materials to be protected and state the reasons why protection is necessary. Offerors shall not mark sections of their
proposal as proprietary if they are to be part of the basis of an award of the contract or are otherwise of a “Material”
nature. Any propriety information must be listed on the attached “Proprietary/Confidential Information
Identification” form and submitted with the proposal.
Isle of Wight County shall not be responsible for any expense incurred by the Offeror in preparing and submitting a
proposal, or expenses incurred related to subsequent inquires/interviews and contract negotiations. Because of time
constraints any required interviews may be electronic or by telephone. All proposals submitted shall become
property of the County. Proposals must be signed by the principal of the offering firm who is authorized to negotiate
and contract for the work.
Proposals are to be delivered as an electronic document. The subject line/title shall identify the project and closing
date. Only electronic documents sent or delivered as indicated within this RFP shall be considered. Proposals must
be sent to the Purchasing Department no later than 5:00 p.m. local time, on the date specified for receipt of
proposals.
Isle of Wight County’s intent is to reduce the use of paper, and provide a faster, more economical approach that will
permit the offeror to describe their skills, education, experience, and approach that would qualify them to be selected
for interviews. For these reasons, electronic submissions shall be used. Offerors selected for further consideration,
may be asked to make a formal presentation of their qualifications and job approach, and may be selected for final
negotiations of a contract. Therefore, care should be given to address the issues relating to the criteria to follow.
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REFERENCES
Please provide a minimum of 3 similar projects successfully completed within the past 5 years.
NAME AND ADDRESS OF CONTRACTING ENTITY
____________________________________________________________________________
BRIEF OVERVIEW AND DURATION OF PROJECT PRINCIPAL CLIENT (NAME) AND
PHONE NUMBER: _______________________________________________
____________________________________________________________
NAME AND ADDRESS OF CONTRACTING ENTITY
____________________________________________________________________________
BRIEF OVERVIEW AND DURATION OF PROJECT PRINCIPAL CLIENT (NAME) AND
PHONE NUMBER: _______________________________________________
NAME AND ADDRESS OF CONTRACTING ENTITY
____________________________________________________________________________
BRIEF OVERVIEW AND DURATION OF PROJECT PRINCIPAL CLIENT (NAME) AND
PHONE NUMBER: _______________________________________________
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CONDITIONS AND INSTRUCTIONS
Rev: 2/22/2018
1. Use of Form: All proposals should be submitted in electronic (.pdf) format in accordance with this
form. The Offeror may attach/scan other information as required to the electronic document that
will be made a part of the proposal. Electronic submittals on CD, DVD, memory sticks, or other
electronic media will be accepted if delivered prior to the closing time. The preferred method of
delivery is by an attachment to an email addressed to: mcoburn@isleofwightus.net The County’s
published Conditions and Instructions shall supersede any additional writings submitted with the
proposal. Such writings shall be clearly marked and noted as an exception.
2. Submittals: Except as noted above, all proposals shall be sent as an attachment to email to:
mcoburn@isleofwightus.net. The subject line must show the proposal number and name. This
form shall be included as part of your submittal; else, your response may be considered ‘non-
responsive.’
3. Late Proposals: Proposals and amendments thereto sent electronically to Purchasing after the date
and time specified, will not be considered. It will be the responsibility of the Offeror to see that
their proposal is properly sent to Purchasing as specified. There will be no exceptions. Electronic
proposals sent as an email attachment will show the date and time sent. This date will be used to
determine whether a submittal was timely or not. To be considered, the submittal must be sent prior
to the closing date published on the front cover.
4. County Offices Closures: Should the County’s offices, or the electronic network connectivity
prevent receipt of proposals at the time of the scheduled proposal closing, the proposals will be
opened on the next business day of the County, at the original scheduled hour, or as soon as
connectivity is restored during normal business hours. The opening is not a public event. The names
and number of responses shall not be disclosed until negotiations are complete and a decision to
award has been made. At that time the file will be made available to all Offerors to review.
5. Offer/Acceptance: Each proposal is received with the understanding that the acceptance in writing
by the County of the offer to furnish the prescribed or services and deliverables as described therein,
shall constitute a contract between the Offeror and the County, which shall bind the Offeror to
furnish and deliver those services and products at the prices stated and in accordance with the
conditions of the accepted proposal and the executed Agreement; and the County on its part to
order from such Offeror, except for causes beyond reasonable control; and pay for, at the agreed
prices, all goods and/or services specified and delivered.
6. Withdrawal of Proposals: Proposals may be withdrawn (cancelled) any time by submitting such
a request in writing on the issuing company's letterhead either by email, in person, or by certified
mail.
7. Addenda: If issued, addenda to this solicitation will be posted on the County’s website
(http://www.co.isle-of-wight.va.us/budget-and-finance/) and on the Commonwealth’s bid
board (eVA) http://eva.virginia.gov/. It is the Offeror’s responsibility to check the website or
contact the Purchasing Division prior to the submittal deadline to ensure that the Offeror has a
complete, up-to-date package. Acknowledgement of all issued Addenda should be indicated on the
proposal form.
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8. Award: Award will be made to the Offeror considered in the County’s sole determination after
following the procedure outlined herein to be higher qualified. The process used for this solicitation
shall be Competitive Negotiation for Non-Professional Services as outlined in the Virginia Public
Procurement Act.
9. Announcements: Upon the award or the announcement of the decision to award a contract, the
County will publicly post such notice on the bulletin board located in the County’s Administrative
Offices and on the County’s web site: http://www.co.isle-of-wight.va.us/budget-and-finance/
and Commonwealth’s bid board (eVA) http://eva.virginia.gov/.
10. County’s Rights: The County reserves the right to reject any and all proposals, and to waive any
informality if it is determined to be in the best interest of the County.
11. Delivery: The time of delivery of services must be stated in definite terms. If time of delivery for
different goods and/or services varies, the Offeror shall so state.
12. Silence of Specifications: The apparent silence of these specifications and any supplemental
specifications as to any detail or the omission from the specifications of a detailed description
concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail and correct type, size and design are to be used. All interpretations of these specifications
shall be made based on this statement.
13. Capacity of Offeror: All proposals must be signed by a responsible officer or employee having
the authority to bind the Contractor. The Offeror agrees that its contract performance shall be in
strict conformance with the contract documents.
14. Rights to Damages: By signing this proposal, the Offeror assigns to the County any and all rights
that it may have under the antitrust laws of the United States and the Commonwealth of Virginia
in any way arising from or pertaining to this proposal. This provision is remedial in nature and is
to be liberally construed by any court in favor of the County.
15. Anti-collusion: The Offeror certifies by signing this Request for Proposals that this proposal is
made without prior understanding, agreement, or accord with any other person or Offeror
submitting a proposal for the same goods and/or services and that this proposal is in all respects
bona fide, fair, and not the result of any act of fraud or collusion with another person or Offeror
engaged in the same line of business or commerce. Any false statement hereunder may constitute
a felony and can result in a fine and imprisonment, as well as civil damages. Should sub-Contractors
or sub-Contractors have interest in multiple submittals, this clause does not apply except when an
act of collusion or fraud is involved.
16. Indemnification: The Contractor shall defend, indemnify and hold the County, and the County’s
employees, agents, and volunteers, harmless, from and against any and all damage claim, liability,
cost, or expense (including, without limitation, attorney’s fees and court costs) of every kind and
nature (including, without limitation, those arising from any injury or damage to any person,
property or business) incurred by or claimed against the Contractor , its employees, agents, and
volunteers, or incurred by or claimed against the County, the County’s employees, agents, and
volunteers, arising out of, or in connection with, the performance of all services hereunder by the
Contractor. This indemnification and hold harmless includes, but is not limited to, any financial or
other loss including, but not limited to, any adverse regulatory, agency or administrative sanction
or civil penalties, incurred by the County due to the negligent, fraudulent or criminal acts of the
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Contractor or any of the Contractor’s officers, shareholders, employees, agents, Contractors, sub-
Contractors, or any other person or entity acting on behalf of the Contractor. Unless otherwise
provided by law, the Contractor’s indemnification obligations hereunder shall not be limited in any
way by the amount or type of damages, compensation, or benefits payable by or for the Contractor
under worker’s compensation acts, disability benefit acts, other employee benefit acts, or benefits
payable under any insurance policy. This paragraph shall survive the termination of the contract
including any renewal or extension thereof.
17. Copyright Protection: The Contractor agrees to defend and save the County, its agents, officials,
and employees, harmless from liability of any nature or kind, for use of any copyright, composition,
secret process, patented or unpatented invention, articles or appliances furnished or used in the
performance of the contract, or which the Contractor is not the patentee, assignee, or licensee, to
the same extent as provided in the above paragraph.
18. Laws, Regulations: The Contractor shall keep fully informed of all federal, state, and local laws,
ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall
always observe and comply with all such laws, ordinances and regulations.
19. Alien employment: The Contractor certifies that he does not and shall not during the performance
of the contract for goods and services in the Commonwealth, knowingly employ unauthorized
aliens as defined in the federal Immigration Reform and Control Act of 1986, as amended.
20. SCC Authorization: All Offerors authorized to transact business in the Commonwealth pursuant
to Title 13.1 or Title 50, as amended, shall include 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, as amended,
or as otherwise required by law shall include in its proposal or proposal a statement describing why
the Offeror or Offeror is not required to be so authorized.
SCC Number, or Statement: _______________________________________________
Any business entity that enters into a contract with a public body pursuant to this chapter shall not
allow its existence to lapse or its certificate of authority or registration to transact business in the
Commonwealth, if so required under Title 13.1, or Title 50, as amended, to be revoked or cancelled
at any time during the term of the contract. The County may void any contract with a business
entity if the business entity fails to remain in compliance with the provisions of this section.
21. Default: In event of default by the Contractor, the County reserves the right to procure the goods
and/or services from other sources, and hold the Contractor liable for any excess cost occasioned
thereby. Such actions taken by the County shall not release the Contractor from additional remedies
that may be allowed by law.
22. Availability of Funds: When a contract resulting from this solicitation involves multiple fiscal
periods, such contract shall be deemed in force only to the extent of appropriations available to
each department for the purchase of such goods and/or services. The County’s extended obligations
on those contracts that envision extended funding through successive fiscal periods shall be
contingent upon actual appropriations for the following years.
23. Appeals Procedure: Upon your request, administrative appeals information will be provided that
shall be used for hearing protests of a decision to award, or an award, appeals from refusal to allow
withdrawal of proposals, appeals from disqualification, appeals for debarment or suspension, or
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determination of non-responsibility and appeals from decision or disputes arising during the
performance of a contract. To be timely all appeals shall be made within the time periods set forth
by the Virginia Public Procurement Act, §2.2-4357, et. seq. Contact the buyer at once for assistance.
24. Faith-based Organizations: Isle of Wight County does not discriminate against faith-based
organizations.
25. Anti-Discrimination: By submitting their proposals, Offerors certify to the 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 2.2-4311 of the Virginia Public
Procurement Act (VPPA). 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 2.2.4343.1E).
In every contract of $10,000, or greater, the Contractor shall include the following provisions
therein:
1. During the performance of this contract, the Contractor agrees as follows:
a) The Contractor will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, service disabled
veterans 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.
b) The Contractor, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, will state that such Contractor is an equal opportunity employer.
c) Notices, advertisements and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for meeting these requirements.
2. The Contractor will include the provisions of Section a, b, and c above in every subcontract or
purchase order equal or greater than $10,000, so that the provisions will be binding upon each
sub-Contractor or vendor.
26. Drug-Free Workplace: During the performance of this contract, the Contractor agrees to (1)
provide a drug-free workplace for the Contractor's employees; (2) post in conspicuous place,
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; (3) state in all solicitation or
advertisement for employees placed by or on behalf of the Contractor that the Contractor maintains
a drug-free workplace; and (4) include the provisions of the foregoing clauses in every subcontract
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or purchase order of over $10,000, so that the provisions will be binding upon each sub-Contractor
or vendor.
For the purposes of this section, "drug-free workplace" means a site for the performance of work
done relating to 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.
27. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part
without the written consent of the County.
28. Independent Contractor: The Contractor and any employees, agents, or other persons or entities
acting on behalf of the Contractor shall act in an independent capacity and not as officers,
employees, or agents of the County.
29. Scheduling and Delays: The parties to any contract resultant of this solicitation acknowledge that
all or part of the work to be performed hereunder may be delayed and extended at the option of the
County. Such delays may be caused by delays, denials and modifications of the various state or
federal permits, or for other reasons. The County shall not be required to pay any of the Contractor’s
direct or indirect costs, or claims for compensation, extended overhead, or other damage or
consequential damages arising out of or related to any delays or interruptions required or ordered
by the County. If the County delays the project for any reason for a continuous period of ninety
(90) days or more, the County and Contractor will negotiate a mutually agreeable adjustment to the
Contractor’s award amount. Notwithstanding the above, in construction contracts, to the extent that
an unreasonable delay is caused by the act or omissions of the County due to causes within the
County’s control, the above waiver or release shall not apply.
30. Governing Law: This Agreement is made, entered into, and shall be performed in the County of
Isle of Wight, Virginia, and shall be governed by the applicable laws of the Commonwealth of
Virginia without regard to its conflict of law rules. In the event of litigation concerning this
Agreement, the parties agree to the exclusive jurisdiction and venue of the Circuit Court of Isle of
Wight, Virginia; however, if a federal court has jurisdiction over the matter, then the parties agree
to the exclusive jurisdiction and venue of the U.S. District Court for the Eastern District of Virginia,
Norfolk Division.
The Contractor shall not cause a delay in services because of the pending or during litigation
proceedings, except with the express, written consent of the County or written instruction/order
from the Court.
31. Severability: If any provision of a contract resulting from this solicitation, or the application
thereof to any person or circumstances shall to any extent be invalid or unenforceable, the
remainder of this contract, or the application of such provision to persons or circumstances other
than those which it is invalid or unenforceable, shall not be affected hereby, and each provision of
this contract shall be valid and enforced to the full extent permitted by law.
32. Termination for Convenience: The County may at any time, and for any reason, terminate this
Contract by written notice to Contractor specifying the termination date, which shall be not less
than thirty (30) days from the date such notice is mailed.
Notice shall be given to Contractor by certified mail/return receipt requested at the address set forth
in Contractor’s Proposal or as provided in this Contract. In the event of such termination, Contractor
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shall be paid such amount as shall compensate Contractor for the work satisfactorily completed,
and accepted by the County, at the time of termination. If the County terminates this Contract,
Contractor shall withdraw its personnel and equipment, cease performance of any further work
under this Contract, and turn over to the County any work completed or in process for which
payment has been made.
After the first contract term the Contractor may at any time, and for any reason, terminate the
Contract by written notice to the County specifying the termination date, which shall not be less
than thirty (30) days from the date such notice is mailed.
33. Termination for Cause: In the event that the Contractor shall for any reason, or through any cause,
be in default of the terms of this Contract, the County may give Contractor written notice of such
default by certified mail/return receipt requested at the address set forth in Contractor’s Proposal/
or as provided in this Contract.
Unless otherwise provided, Contractor shall have ten (10) days from the date such notice is mailed
in which to cure the default. Upon failure of Contractor to cure the default, the County may
immediately cancel and terminate this Contract as of the mailing date of the default notice.
Upon termination, Contractor shall withdraw its personnel and equipment, cease performance of
any further work under the Contract, and turn over to the County any work in process for which
payment has been made. In the event of violations of law, safety or health standards and regulations,
this Contract may be immediately cancelled and terminated by the County and provisions herein
with respect to opportunity to cure default shall not be applicable.
34. Contact Prohibition: Direct contact with County departments other than Purchasing, about
this proposal is expressly forbidden except with the foreknowledge and permission of the
Purchasing Agent. Violation may result in a determination that your offer ineligible for
consideration of award.
35. Additional Conditions: The Conditions and Instructions in this solicitation are intended to apply
to the resulting contract and shall supersede any conflicting terms offered. Any additional
conditions an Offeror intends be considered must be submitted with the proposal and noted as an
exception. Such exceptions may result in finding a submittal is ‘non-responsive’ to the proposal,
negating possibility of an award to that Offeror. Contractual documents submitted by the Contractor
after an award will not be accepted.
36. Contractor Failure to Perform: Failure of the Contractor to perform the contract by reason of the
County’s non-acceptance of additional conditions submitted after the award shall result in
termination of the contract by the County, and may result in debarment of the Contractor for a
period of up to three (3) years. Termination and /or debarment of the Contractor shall not constitute
a waiver by the County of any other rights or remedies available to the County by law or contract.
37. Conflict: In the event of a conflict between the contract documents, including these Conditions and
Instructions, the contract documents shall control.
38. Records and Inspection: The Contractor shall maintain full and accurate records with respect to
all matters covered under this contract, including, without limitation, accounting records, written
policies, procedures, time records, telephone records, and any other supporting evidence used to
memorialize, reflect, and substantiate charges or fees related to this contract. The Contractor’s
records shall be open to inspection and subject to audit and/or reproduction, during normal working
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hours, by the County and its employees, agents or authorized representatives after giving at least
three (3) days’ notice to the Contractor by the County. The County shall have access to such records
from the effective date of this contract, for the duration of the contract, and for five (5) years after
the date of final payment by the County to the Contractor pursuant to this contract or any renewal
or extension of this contract. The County’s employees, agents or authorized representatives shall
have access to the Contractor’s facilities, shall have access to all necessary records and shall be
provided adequate and appropriate work space, to conduct audits.
39. Rights and Remedies Not Waived: In no event shall the making by the County of any payment
to the Contractor, or the waiver by the County of any provision under this contract including any
obligation of the Contractor, constitute or be construed as a waiver by the County of any other
provision, obligation, breach of covenant, or any default which may exist under this contract on the
part of the Contractor, and the making of any such payment by the County while any such breach
or default exists shall not impair or prejudice any right or remedies available to the County.
40. Entire Agreement: A resultant contract and any additional or supplementary documents
incorporated herein by reference contain all the terms and conditions agreed upon by the parties
hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or
any part thereof shall have any validity or bind any of the parties hereto. The contract shall not be
modified, altered, changed or amended unless in writing and signed by the parties hereto.
41. Conflicts of Interests: Contractor shall not accept or receive commissions or other payments from
third parties for soliciting, negotiating, procuring, or effecting insurance on behalf of the County.
The County may not procure supplies, equipment, materials or other goods from a Contractor on
the same project.
42. Responsibility of Contractor: The Contractor shall, without additional costs or fee to the County,
correct or revise any errors or deficiencies in his performance. Neither the County’s review,
approval or acceptance of, nor payment for any of the services required under this Agreement shall
be deemed a waiver of rights by the County, and the Contractor shall remain liable to the County
for all costs which are incurred by the County because of the Contractor’s negligent performance
of any of the services furnished under this Agreement.
43. Changes and Additions: It shall be the responsibility of the Contractor to notify the County, in
writing, of any necessary modifications or additions in the Scope of this Agreement. Compensation
for changes or additions in the Scope of this Agreement will be negotiated and approved by the
County, in writing.
It is understood and agreed to by both the County and the Contractor that such modifications or
additions to this Agreement shall be made only by the full execution of the County’s standard
Agreement change order form. Furthermore, it is understood and agreed by both parties that any
work done by the Contractor on such modification or addition to this Agreement prior to the
County’s execution of its standard Agreement change order form shall be at the total risk of the
Contractor and said work may not be compensated by the County.
44. Exemption from Taxes: The County is exempt from State Sales Tax and Federal Excise Tax. Tax
Exemption Certificate indicating the County’s tax exempt status will be furnished by the County
upon request.
45. Debarment Status: By submitting a proposal, proposers certify that they are not currently debarred
by the Commonwealth of Virginia from submitting proposals 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.
46. Safety: All Contractors and sub-Contractor s performing services for the County are required and
shall comply with all Occupational Safety and Health Administration (OSHA), State and County
Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all
Contractors and sub-Contractors shall be held responsible for the safety of their employees and any
unsafe acts or conditions that may cause injury or damage to any persons or property within and
around the work site area under this contract.
47. License Requirement: All firms doing business in the County are required to be licensed in
accordance with the County business license ordinance. Any questions concerning business
licenses should be directed to the Commissioner of the Revenue’s Office, telephone (757) 365-
6321.
48. Contractor’s Form: In cases where the County may accept the Contractor’s form agreement,
whereas certain standard clauses that may appear in the Contractor’s form agreement cannot be
accepted by the County, and in consideration of the convenience of using that form, and this form,
without the necessity of negotiating a separate contract document, the parties hereto specifically
agree that, notwithstanding any provisions appearing in the attached Contractor’s form contract,
the County’s contract addendum shall prevail over the terms of the Contractor’s agreement in the
event of a conflict.
49. Offeror’s Qualifications: Only proposals from established Contractors for work similar in scope
to work herein shall be considered; the County reserves the right to request specific reference
information prior to award. Offeror shall demonstrate that they have adequate and appropriate
manpower, tools and equipment to respond and perform in accordance with the provisions herein.
The County may, at its option, disqualify an Offeror and reject his proposal for cause. Reasons
deemed to be sufficient for this action shall include, but not be limited to, the following:
▪ Evidence of collusion among Offeror.
▪ Receipt of more than one proposal on any project from an individual, or from a corporation.
This restriction does not apply to sub-Contractors
▪ Default on any previous contract.
▪ For unreasonable failure to complete a previous contract within the specified time or for being
in arrears on an existing contract without reasonable cause for being in arrears.
▪ Inability to perform as revealed by an investigation of the Proposer's financial statement,
experience and/or plant and equipment.
▪ Contractor does not meet project-specific requirements, as identified in the Contract
Documents
50. Pricing to be F.O.B. Destination – Freight Allowed: Pricing shall be F.O.B. destination-freight
included for all competitive proposals. F.O.B. Destination-Freight Included shall include all
shipping costs to the County location(s) at the unit cost. No additional shipping charges shall be
allowed.
51. Contract Quantities: The quantities specified in the Request for Proposals are estimates only
unless otherwise clearly noted, and are given for the information of Offeror and for the purpose of
proposal evaluation. They do not indicate the actual quantity that will be required, since such
volume will depend upon requirements that may develop during the contract period. Quantities
shown shall not be construed to represent any amount which the County shall be obligated to
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purchase under the contract, or relieve the Contractor of his obligation to fill all orders placed by
the County, except as clearly noted.
52. Competition Intended: It is the County’s intent that the Request for Proposals (RFP) permits
competition. It shall be the Offeror’s responsibility to advise the Buyer in writing if any language
requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the
requirements stated in this RFP to a single source. Such notification must be received by the
Purchasing Agent prior to the date set for proposals to close.
53. Insurance: The successful Offeror shall procure, maintain, and provide proof of, insurance
coverage for injuries to persons and/or property damage as may arise from or in conjunction with,
the work performed on behalf of the County by the Offeror, his agents, representatives, employees
or sub-Contractors. Proof of coverage as contained herein shall be submitted fifteen (15) days prior
to the commencement of work and such coverage shall be maintained by the Offeror for the
duration of the contract period; for occurrence policies. Claims made policies must be in force or
that coverage purchased for three (3) years after contract completion date.
a. General Liability
Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form,
Commercial General Liability Form including Products/Completed Operations.
1. Minimum Limits
General Liability:
$1,000,000 General Aggregate Limit
$1,000,000 Products & Completed Operations
$1,000,000 Personal and Advertising Injury
$1,000,000 Each Occurrence Limit
$50,000 Fire Damage Limit
$5,000 Medical Expense Limit
b. Automobile Liability
Coverage sufficient to cover all vehicles owned, used, or hired by the Offeror, his agents,
representatives, employees or sub-Contractors.
1. Minimum Limits
Automobile Liability:
$1,000,000 Combined Single Limit
$1,000,000 Each Occurrence Limit
$5,000 Medical Expense Limit
c. Workers' Compensation
Limits as required by the Workers' Compensation Act of Virginia. Employers Liability,
$1,000,000.
d. Professional Liability
1. The successful Offeror shall provide the County with an Errors and Omissions Liability
Policy (E&O Policy). The policy shall cover the County for all sources of liability which
would be covered by the latest edition of the standard Errors and Omissions Liability
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Coverage Form, as filed for use in the Commonwealth of Virginia by the Insurance
Services Office, without the attachment of restrictive endorsements.
2. The County policy shall be endorsed to include the County's officials, officers, agents and
employees as insured. The E&O Policy shall include the successful Offeror and the
Offeror's sub-Contractors of every tier as the Offeror designated in the declarations.
3. The minimum E&O Policy limits to be provided by the successful Offeror (inclusive of
any amounts provided by an umbrella or excess policy) shall be $1,000,000 per occurrence
combined single limit for bodily injury liability and property damage liability. The limits
afforded by the E&O Policy (or umbrella or excess policy with respect to it) shall apply
only to the County and County 's officials, officers, agents and employees and only to
claims arising out of or in connection with the work under this contract.
4. Notice of Cancellation and/or Restriction - The policy must be specifically endorsed to
provide the County with forty-five (45) days’ notice of cancellation, non-renewal, change
in coverage, and/or restriction.
e. Coverage Provisions
1. All deductibles or self-insured retention shall appear on the certificate(s).
2. The County, its' officers/ officials, employees, agents and volunteers shall be added as
"additional insured" as their interests may appear. This provision does not apply to
Professional Liability or Workers' Compensation/Employers' Liability.
3. The Offeror's insurance shall be primary over any applicable insurance or self-insurance
maintained by the County.
4. Shall provide 30 days written notice to the County before any cancellation, suspension, or
void of coverage in whole or part, where such provision is reasonable.
5. All coverage for sub-Contractors of the Offeror shall be subject to all the requirements
stated herein.
6. All deductibles or self-insured retention shall appear on the certificate(s) and shall be
subject to approval by the County. At the option of the County, either; the insurer shall
reduce or eliminate such deductible or self-insured retention; or the Offeror shall be
required to procure a bond guaranteeing payment of losses and related claims expenses.
7. Failure to comply with any reporting provisions of the policy(s) shall not affect coverage
provided the County, its' officers/officials, agents, employees and volunteers.
8. The insurer shall agree to waive all rights of subrogation against the County, its'
officers/officials, agents, employees or volunteers for any act, omission or condition of
premises which the parties may be held liable because of negligence.
9. The Offeror shall furnish the County certificates of insurance including endorsements
affecting coverage. The certificates are to be signed by a person authorized by the insurance
company(s) to bind coverage on its' behalf, if executed by a broker, notarized copy of
authorization to bind, or certify coverage must be attached.
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10. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than
an A: VII. If A.M. Best rating is less than A: VII, approval must be received from County's
Risk Officer.
11. All coverage designated herein shall be as broad as the Insurance Services Office (ISO)
forms filed for use with the Commonwealth of Virginia.
54. Payments to Sub-Contractors: Within seven days after receipt of amounts paid by the County for
work performed by a sub-Contractor under this contract, the Contractor shall either:
a. Pay the Sub-Contractor for the proportionate share of the total payment received from the
County attributable to the work performed by the Sub-Contractor under this contract; or,
b. Notify the County and Sub-Contractor, in writing, of his intention to withhold all or a part
of the Sub-Contractor's payment and the reason for non- payment.
The Contractor shall pay interest to the Sub-Contractor on all amounts owed that remain unpaid
beyond the seven-day period except for amounts withheld as allowed in item b. above.
Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one
percent per month.
The Contractor tractor shall include in each of its subcontracts a provision requiring each Sub-
Contractor to include or otherwise be subject to the same payment and interest requirements as set
forth above with respect to each lower-tier sub-Contractor.
The Contractor's obligation to pay an interest charge to a Sub-Contractor pursuant to this provision
may not be construed to be an obligation of the County.
55. Ownership of Documents: Any reports, specifications, blueprints, negatives or other documents
prepared by the Contractors in the performance of its obligations under the resulting contract shall
be the exclusive property of County, and all such materials shall be returned to the owner upon
completion, termination, or cancellation of this contract. The Contractors shall not use, willingly
allow, or cause such materials to be used for any purpose other than performance of all Contractor’s
obligations under the resulting contract without the prior written consent of County. Documents
and materials developed by the Contractor under the resulting contract shall be the property of
County; however, the Contractor may retain file copies, which cannot be used without prior written
consent of the Owner. County agrees that the Contractor shall not be liable for any damage, loss,
or injury resulting from the future use of the provided documents for other than the project
specified, when the Contractors is not the Contractor of record.
56. Default on Taxes: The County reserves the right to withhold payment to any Contractor that
is in arrears, or in default to the County on any debt or Contract, or that has defaulted as a surety,
or otherwise on any obligation to the County.
57. Contractual Disputes: The Contractor shall give written notice to the Purchasing Officer of his
intent to file a claim for money or other relief at the time of the occurrence or the beginning of the
work upon which the claim is to be based.
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The written claim shall be submitted to the Purchasing Officer no later than sixty (60) days after
final payment. If the claim is not disposed of by agreement, the Purchasing Officer shall reduce his
decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty
(30) days of receipt of the claim.
The Purchasing Officer's decision shall be final unless the Contractor appeals within thirty (30)
days by submitting a written letter of appeal to the County Administrator, or his designee. The
County Administrator shall render a decision within sixty (60) days of receipt of the appeal.
58. Responsibility for Making Corrections: The Contractor shall, without additional costs or fee to
the County, correct or revise any errors or deficiencies in its performance, The County’s review,
approval, or acceptance of, nor payment of any of the services required under the contract shall be
deemed a waiver of rights by the County because of the Engineer’s negligent performance of any
of the services furnished under the contract.
59. Submissions: All project correspondence, design/review documents, reports, etc. prepared by the
Contractor shall be distributed to the County’s Project Manager for each task in the format and
number of copies as directed by the task statement of work.
Within thirty (30) days of project completion, the Contractor shall prepare and submit a Project
Completion Report with project closeout documents and submit to the County's Project Manager.
60. The County prefers to make payment with the County’s Purchasing Card, or by direct deposit. If
you are willing to use either of these methods, please register at the following sites:
Pcards: www.bankofamerica.com/epayablesvendors
Direct Deposit: www.paymode.com/isleofwight
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SIGNATURE SHEET
(Submit with Proposal)
My signature certifies that the proposal as submitted complies with all Terms and Conditions as set
forth.
My signature also certifies that the accompanying proposal is not the result of, or affected by, any
unlawful act of collusion with another person or company engaged in the same line of business or
commerce, or any act of fraud punishable under Title 18.2, Chapter 12, Article 1.1 of the Code of
Virginia, 1950, as amended. Furthermore, I understand that fraud and unlawful collusion are crimes
under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, and
Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage
awards.
My signature also certifies that this Offeror has no business or personal relationships with any other
companies or persons that could be considered as a conflict of interest or potential conflict of
interest to the County and that there are no principals, officers, agents, employees, or
representatives of this Offeror that have any business or personal relationships with any other
companies or persons that could be considered as a conflict of interest or a potential conflict of
interest to the Isle of Wight County, pertaining to any and all work or services to be performed as
a result of this request and any resulting contract with the County.
I hereby certify that I am authorized to sign as a Representative for the Firm:
Complete Legal Name of Firm: ____________________________________________
Address: ______________________________________________________________
Federal ID No.:_________________________________
Telephone No.______________________ Fax No._____________________________
Name (type/print):_________________________ Title: _______________________
Signature: ____________________________________
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PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION
(RFP #18-8170-01)
Name of Firm/Offeror: ____________________________________________
Trade secrets or proprietary information submitted by an Offeror shall not be subject to public
disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the
protections of §2.2-4342F of the Code of Virginia, in writing, either before or at the time the data
or other material is submitted. The written notice must specifically identify the data or materials to
be protected, including the section of the proposal in which it is contained, as well as the page
number(s), and 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 a trade secret or
proprietary information. In addition, a summary of proprietary information provided shall be
submitted on this form. The designation of an entire proposal document, line item prices, and/or
total proposal 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
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EXCEPTIONS TO RFP
(RFP ##18-8170-01)
Name of Firm/Offeror: ____________________________________________
Unless stated in this portion of the proposal, all Offerors will be considered to have accepted all
the terms of the Request for Proposal (RFP), including all ‘must’s,’ ‘shall’s’, and ‘should’s,’ and
any amendments as issued, without exception.
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ANTICOLLUSION/NONDISCRIMINATION/DRUG FREE WORKPLACE CLAUSES
ANTICOLLUSION CLAUSE:
IN THE PREPARATION AND SUBMISSION OF THIS BID, SAID BIDDER DID NOT EITHER DIRECTLY OR INDIRECTLY ENTER
INTO ANY COMBINATION OR ARRANGEMENT WITH ANY PERSON, CONTRACTOR CORPORATION, OR ENTER INTO ANY
AGREEMENT, PARTICIPATE IN ANY COLLUSION, OR OTHERWISE TAKE ANY ACTION IN THE RESTRAINT OF FREE,
COMPETITIVE BIDDING IN VIOLATION OF THE SHERMAN ACT (15 U.S.C. SECTION 1), SECTIONS 59.1-9.1 THROUGH 59.1-9.17 OR SECTIONS 59.1-68.6 THROUGH 59.1-68.8 OF THE CODE OF VIRGINIA.
THE UNDERSIGNED BIDDER HEREBY CERTIFIES THAT THIS AGREEMENT, OR ANY CLAIMS RESULTING THEREFROM, IS
NOT THE RESULT OF, OR AFFECTED BY, ANY ACT OF COLLUSION WITH, OR ANY ACT OF, ANOTHER PERSON OR
PERSONS, CONTRACTOR CORPORATION ENGAGED IN THE SAME LINE OF BUSINESS OR COMMERCE; AND, THAT NO PERSON ACTING FOR, OR EMPLOYED BY, ISLE OF WIGHT COUNTY HAS AN INTEREST IN, OR IS CONCERNED WITH, THIS
BID; AND, THAT NO PERSON OR PERSONS, CONTRACTOR CORPORATION OTHER THAN THE UNDERSIGNED, HAVE, OR
ARE, INTERESTED IN THIS SOLICITATION.
DRUG-FREE WORKPLACE:
DURING THE PERFORMANCE OF THIS CONTRACT, THE OFFEROR AGREES TO (I) PROVIDE A DRUG-FREE WORKPLACE
FOR THE OFFEROR'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
OFFEROR'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 OFFEROR THAT THE OFFEROR MAINTAINS A DRUG-FREE WORKPLACE; AND (IV) INCLUDE THE
PROVISIONS OF THE FOREGOING SECTIONS I, II, AND III IN EVERY SUBCONTRACT OR PURCHASE ORDER OF OVER
$10,000, SO THAT THE PROVISIONS WILL BE BINDING UPON EACH SUBOFFEROR OR VENDOR.
FOR THE PURPOSE OF THIS SECTION, "DRUG-FREE WORKPLACE" MEANS A SITE FOR THE PERFORMANCE OR WORK
DONE IN CONNECTION WITH A SPECIFIC CONTRACT AWARDED TO A OFFEROR IN ACCORDANCE WITH THIS CHAPTER,
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.
NONDISCRIMINATION CLAUSE:
1. EMPLOYMENT DISCRIMINATION BY BIDDER SHALL BE PROHIBITED.
2. DURING THE PERFORMANCE OF THIS CONTRACT, THE SUCCESSFUL OFFEROR SHALL AGREE AS FOLLOWS:
A. THE BIDDER, 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/CONSIDERATION REASONABLY NECESSARY TO THE
NORMAL OPERATION OF THE BIDDER. THE BIDDER AGREES TO POST IN CONSPICUOUS PLACES,
AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES SETTING FORTH THE
PROVISIONS OF THIS NONDISCRIMINATION CLAUSE.
B. THE BIDDER, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED ON BEHALF OF THE
BIDDER, WILL STATE THAT SUCH BIDDER IS AN EQUAL OPPORTUNITY EMPLOYER.
C. NOTICES, ADVERTISEMENTS, AND SOLICITATIONS PLACED IN ACCORDANCE WITH FEDERAL LAW, RULE
OR REGULATION SHALL BE DEEMED SUFFICIENT FOR THE PURPOSE OF MEETING THE REQUIREMENTS
OF THIS SECTION.
D. BIDDER WILL INCLUDE THE PROVISIONS OF THE FOREGOING SECTIONS A, B, AND C IN EVERY
SUBCONTRACT OR PURCHASE ORDER OF OVER $10,000, SO THAT THE PROVISIONS WILL BE BINDING
UPON EACH SUBOFFEROR OR VENDOR.
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Name and Address of Bidder: Date:
By:
Signature In Ink
Printed Name
Telephone Number: ( )
Fax Phone Number: ( )
Title
FIN/SSN#:
Is your firm a "minority" business? Yes No If yes, please indicate the "minority" classification below:
African American Hispanic American American Indian Eskimo Asian American Aleut Other; Please
Explain:____________________
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AGREEMENT
THIS AGREEMENT made and entered into this ___day of _______________, by and between the County
of Isle of Wight, Virginia whose principal office is 17090 Monument Circle, Suite 101, Isle of Wight,
Virginia 23397, hereinafter called "OWNER", party of the first part, and __________________, hereinafter
referred to as “Consultant” party of the second part.
The Consultant did, on the 29th day of March, 2018, submit an offer to perform such services stipulated in
accordance with the terms of terms and conditions included in RFP#18-8170-01, Market Analysis &
Feasibility Study.
It is mutually understood and agreed by the parties hereto that the Request for Proposals inviting Offerors
to make offers as published; the Conditions of original Contract (General, Special, Supplemental and other
conditions as they may be titled); the General and Detailed Specifications; all proceedings by the governing
body of the OWNER pertaining to the subject matter of this Contract; all of which documents are hereinafter
referred to as Contract Documents and are a part of this Contract by reference the same as if each had been
fully set out and attached hereto.
In consideration of the following mutual agreements and covenants to be kept by each party:
a. The Consultant agrees to perform services described in the RFP and those terms and conditions
negotiated and set forth in the written Contract Documents hereto attached and made apart hereof in strict
compliance with the Contract Documents for the fees agreed upon and shown in Exhibit A, subject to
adjustment as provided in said documents.
b. Payments based on offerors in the Consultant ’s submittal as may be negotiated prior to award,
with allowable expenses as negotiated and described herein, to provide Services under this contract shall
be made in strict accordance with the project specifications and any special conditions attached thereto.
c. It is understood and agreed that all work shall be accomplished in strict compliance with the
provisions of the Contract Documents. It is understood and agreed by both the County and the Consultant
that any modifications or additions to this agreement shall be made only by the full execution of the
County's standard contract change order form. Furthermore, it is understood and agreed by both parties that
any work done by the Consultant on any such modification or addition to this AGREEMENT prior to the
County's execution of its standard Contract Change Order form shall be at the total risk of the Consultant
and said work shall not be compensated by the County.
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IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and
year first above written.
OWNER: Isle of Wight County, Virginia
By: _______________________________
ATTEST: Randy Keaton, County Administrator
By: ___________________
Mark Popovich, County Attorney
CONTRACTOR:
__________________________________
By: _______________________________
ATTEST FOR CONTRACTOR:
By: ____________________
Title: ___________________
Approved as to form:
______________________________
Mark C. Popovich, Isle of Wight County Attorney