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Budget Amendment (for Eight & Ninth Street Office Buildings)
Item C-3.10 #1c
Administration FY 04-05 FY 05-06
Department Of General Services $0 ($2,497,000) NGF
Language:
Page 487, line 31, strike "$2,497,000" and insert "$0".
Page 487, line 30, after "Construction:" strike "Phase I".
Page 487, after line 31 insert:
"1. By July 1, 2005, or as soon thereafter as practical, the Governor shall prepare a plan for development of certain state-owned property bounded by 8th, 9th, Grace and Broad Streets in the City of Richmond, which shall consider the Commonwealth’s needs for office and parking facilities at the Seat of Government.
a. The plan shall set forth all feasible options for the real property and improvements known as the 8th and 9th Street State Office Buildings, including those presented by a professional assessment of the historical and architectural worth of these structures or any aspects of them.
b. The plan shall consider a consolidation of office space in the Capitol Square complex for the purpose of relocation and/or co-locations of state office space from offices currently leased from private sources.
c. The plan shall consider alternative disposition of any existing building not essential to this purpose, which may include, but need not be limited to, the sale or lease of the 8th Street Office Building at fair market value as set forth by a licensed appraisal completed according to prevailing professional standards and practices. In such case the proceeds of such sale shall, upon appropriation, be applied to the cost of the project as further set forth in this item.
d. Preparation of the plan provided for in this item, or any part thereof, may be supported from funds provided from non-state sources.
2. Upon release of the plan described in paragraph 1 of this item the Governor is authorized to enter into a comprehensive agreement with a private entity pursuant to The Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq. of the Code of Virginia), or such other agreement as he determines proper and cost-beneficial to the Commonwealth, as otherwise provided for in this item.
3. The improvements authorized in this Item may include up to a 620 vehicle parking deck, estimated to cost up to $23.7 million, more or less, and up to a 450,000 net square foot office building estimated to cost $94.0 million, more or less.
4. Any agreement or agreements developed pursuant to this item may include, but need not be limited to, the temporary transfer of the state-owned real property described herein, provided that the real property, and any improvements thereto, ownership shall be retained by the Commonwealth as may seem prudent and cost-beneficial.
5. The General Assembly determines that time is of the essence in making available the facilities described herein, and the Department of General Services is directed to initiate the project as soon as practical following the enactment of this chapter.
6. The Governor shall report periodically to the Chairmen of the Senate Finance and House Appropriations Committees on the plans and status of this project for their review and comment.
7. It is anticipated that sufficient general fund appropriations or Virginia Public Building Authority bond authorization will be provided in future fiscal years to cover all phases of the project as specified in the final contract."
Explanation:
(This amendment provides for the replacement of the 8th and 9th Street Office Buildings with a new structure to be constructed under the Public-Private Education Facilities and Infrastructure Act of 2002. The total estimated cost is up to $117.7 million depending on the exact combination of parking, historic renovation and new construction.)
REQUEST FOR PROPOSALS
RFP# DHR20050228
Issue Date: February 28, 2005
Title: Real Estate Assessment and Development Plan: For State Owned Property Bounded by 8th, 9th, Grace and Broad Streets in the City of Richmond, Virginia.
Commodity Code: 91892 Urban Planning
91800 Consulting
91815 Architectural Consulting
91819 Building Consulting
91827 Community Development
91831 Construction Consulting
91842 Engineering Consulting
91846 Feasibility Consulting
91889 Real Estate/Land Consulting
Issuing Agency:
Commonwealth of Virginia Department of Historic Resources & Department of General Services Procurement Unit
215 Governor Street
Richmond, Virginia. 23219
Using Agency And/Or Location
Where Work Will Be Performed: Richmond, Virginia
Period of Contact: From Date of Award through acceptance of all deliverables by the Commonwealth of Virginia
Sealed Proposals Will Be Received Until Thursday, March 23th 2005, at 2:00 PM. For Furnishing Services and Deliverable(s) Described Herein.
All Inquiries For Information Should Be Directed to:
Kathleen Kilpatrick, Director
Virginia Department of Historic Resources
2801 Kensington Avenue
Richmond, VA 23221
Phone: (804)367-2323
E-mail: kathleen.kilpatrick@dhr.virginia.gov
No questions will be answered by phone. All questions are to be asked of Ms. Kilpatrick by 2:00 PM on or before Friday, March 4, 2005, and will be answered at the mandatory pre-proposal conference and site visit that will be held Wednesday, March 8, 2005 at 10:00 AM on the 3rd Floor of the 8th Street Office Building in the Division of Purchases and Supply Training Room.
IF PROPOSALS ARE MAILED OR HAND DELIVERED, MAIL/DELIVER TO:
Kathleen Kilpatrick, Director
Virginia Department of Historic Resources
2801 Kensington Avenue
Richmond, Virginia 23221
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 Goods/Services In Accordance With The Attached Signed Proposal Or As Mutually Agreed Upon By Subsequent Negotiation.
Name And Address Of Firm:
________________________________________Date:______________________________________________
________________________________________By: ______________________________________________
(Signature In Ink)
________________________________________Name:_____________________________________________
(Please Print)
_______________________ Zip Code: ________Title:_____________________________________________
FEI/FIN NO. _____________________________ Phone :(_____) ____________________________________
E-mail: __________________________________Fax: (_____) _____________________________________
Mandatory PRE-PROPOSAL CONFERENCE: There will be a MANDATORY pre-proposal conference and site visit held on Wednesday, March 8, 2005, at 10:00 AM on the 3rd Floor of the 8th Street Office Building in the Division of Purchases and Supply Training Room located at 805 East Broad Street Richmond, Virginia 23219. See section IV (J) of this RFP for additional information concerning this conference.
I. PURPOSE: The Commonwealth of Virginia, Departments of Historic Resources (DHR) and General Services (DGS), are soliciting competitive proposals from qualified firms with experience in large-scale commercial historic rehabilitation projects to prepare an assessment and feasibility report for the development of the state-owned properties bounded by 8th, 9th, Grace and Broad Streets in the City of Richmond, Virginia.
Time is of the essence, and a maximum sixty (60) day project schedule is stipulated for the completion of the report, taken from the date of the contract execution to the successful candidate firm.
II. BACKGROUND:
A. The Properties:
The 8th Street State Office Building (former Murphy Hotel, 805 E. Broad Street) was built in 1911 according to the designs of Norfolk architect John Kevan Peebles. Peebles also designed the Virginia Museum of Fine Arts and the Neo-Classical wings to the Virginia State Capitol. In 1966, the Commonwealth of Virginia acquired the Murphy Hotel and converted it for office use as the Eighth Street State Office Building.
The 9th Street State Office Building (former Richmond Hotel, 202 N. 9th Street) stands adjacent to the 8th Street State Office Building and was built in 1904 according to the designs of the nationally renowned New York architectural firm Carrere & Hastings. Carrere & Hastings also designed the New York Public Library, the House and Senate Office Buildings in Washington, DC, as well as Richmond’s Jefferson Hotel, Commonwealth Club, and Carter-Mayo House. In 1966, the Commonwealth acquired the Richmond Hotel and converted it for office use as the Ninth Street State Office Building.
These buildings are located in the immediate vicinity of Capitol Square, since 1780 the seat of government for the Commonwealth of Virginia. The heart of this vibrant downtown neighborhood is Thomas Jefferson’s 1785 Virginia State Capitol, which is now undergoing a careful rehabilitation. However, within a five-block radius of the properties stand eight National Historic Landmarks and fourteen other historic properties which have been individually listed on the National Register of Historic Places and the Virginia Landmarks Register.
The Murphy Hotel and Richmond Hotel are key architectural anchors in the Capitol Square, and are potentially eligible for listing on the National Register of Historic Places and the Virginia Landmarks Register.
B. Architectural description:
One of the leading downtown hotels of its day, the 8th Street State Office Building/Murphy Hotel is a twelve story, high-style, early 20th century commercial building with a U-shaped plan fronting Eighth Street. Its exterior features a two-story ashlar stone base and an elaborate Italian palazzo-style terra-cotta cornice. The stone and terra-cotta trim is set off by the dark red brick of the main wall surfaces. Most of the building’s original wood windows have been removed and replaced with anodized aluminum windows. While the building’s interior space has been altered, the Murphy Hotel retains much of its exterior artistic splendor, including the impressively scaled cornice, elegant proportions and fine craftsmanship in the masonry construction.
Once a center of political and social life in Richmond and Virginia, the 9th Street State Office Building/Richmond Hotel is a ten story, Italianate-style building with a dressed ashlar foundation and rusticated brick first and second stories. The main walls are faced in brick with a golden hue. The Richmond Hotel’s two-story, marble lobby – the Palm Court – remains among the most beautiful rooms in Richmond, being dominated by a monumental staircase with an elaborate cast- and wrought-iron balustrade. The Palm Court’s skylight is one of the city’s largest and most impressive works of stained glass. The hotel was enlarged in 1911 with the construction of the north wing, designed by John Kevan Pebbles. Following state acquisition in 1966, suspended ceilings and partition walls were installed, converting hotel rooms to offices and conference rooms. However, the plan and the door and window details were retained for the most part.
C. Anticipated Use:
The General Assembly of Virginia has authorized the Governor to develop the property bounded by 8th, 9th, Grace and Broad Streets in the City of Richmond, to address the Commonwealth’s needs for office and parking facilities at the Seat of Government. The improvements authorized may include, but are not limited to, up to a 620 vehicle parking deck, and up to a 450,000 net square foot office building. Any existing building on the subject sites not essential to these purposes, may be sold or leased at fair market value.
III. STATEMENT OF NEEDS: The Offeror selected to perform the services and complete a report as requested by this solicitation, shall:
A. Review all relevant reports, documents, and records regarding the state-owned properties bounded by 8th, 9th, , Grace and Broad Streets in the City of Richmond;
B. Review all relevant reports, documents, and records regarding the Commonwealth’s parking and office space needs in the Capitol Square area;
C. Investigate the existing architectural and structural condition of the 8th and 9th Street Office Buildings;
D. Evaluate the potential for public or private-sector rehabilitation, using the federal and state historic rehabilitation tax incentives, of the properties, considering both fair market value sale and long-term lease of the state-owned buildings;
E. Prepare a report, to be delivered in final form to DHR by June 10, 2005, detailing the results of the Contractor’s research and investigation, that:
1. Assesses the existing conditions of the state-owned properties bounded by 8th, 9th, Grace and Broad Streets in the City of Richmond, and assign dollar values to the repair / renovation costs. Condition assessment and costs to repair/renovate to comply with current building code shall address:
a. substructure
b. superstructure
c. exterior
d. roof
e. elevators
f. fire protection
g. plumbing
h. mechanical
i. electrical
2. Describes the historic and architectural significance and reuse potential of the aforementioned structures, which features of each structure are important and worthy of preservation, and any significant urban design issues.
3. Provides options involving the of Best and Highest Use of the site, including economic analysis and options to meet the state’s office and parking facilities needs in the Capitol Square area, considering the Commonwealth’s plan for consolidation of office space in the Capitol Square complex for the purpose of relocation and/or co-location of state office space from offices currently leased from private sources. Best and Highest Use determination will give consideration to:
a. highest and most favorable economic benefits to the Commonwealth
b. historic and architectural significance of the structures and features
c. security with the properties proximate to Capitol Square
d. economic and other social benefits to the City of Richmond
e. urban design issues (relationship of structures to each other, the empty lot located at 9th and Broad Streets, and most importantly the Capitol Complex).
4. Considers alternative disposition for any existing building on the sites not essential to the foregoing purposes, which may include, but need not be limited to, the sale or lease of such properties.
5. Suggests a design framework for the reuse of, addition to, partial replacement or total replacement of the existing structure(s), as the case may be.
F. Meet with representatives of the DHR and DGS, and such other state agencies as may be required for the development of the report:
1. Week of May 2, 2005: The first of two in-progress reviews shall be conducted by the successful Offeror at a date/time and place determined by DHR
2. Week of May 30, 2005: The second of two in-progress reviews shall be conducted by the successful Offeror at a date/time and place determined by DHR
G. Meet with representatives of the APVA-Preservation Virginia, Historic Richmond Foundation, Alliance to Conserve Old Richmond Neighborhoods, and National Trust for Historic Preservation and such other interested and affected groups and individuals as may be required for the development of the report.
IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:
1. GENERAL PROPOSAL REQUIREMENTS
1. Solicitation Response: In order to be considered for selection, Offerors must submit a complete response to this solicitation. One (1) original and (6) copies of each proposal must be submitted to Ms. Kathleen Kilpatrick at the address provided on the coversheet of this solicitation, and by the date/time required by this solicitation. No proposals shall be accepted by the Commonwealth after the stated date/time. No other distribution of the proposal shall be made by the Offeror.
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 the purchasing agency 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 the purchasing agency. 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 solicitation. Emphasis should be placed on completeness and clarity of content.
c. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.
d. Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the solicitation shall belong exclusively to the State 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, the Offeror must invoke the protections of § 11-52D 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 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 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 will result in rejection of the proposal.
3. Oral Presentation: Offerors who submit a proposal in response to this solicitation may be required to give an oral presentation of their proposal. This provides an opportunity for the Offeror to clarify or elaborate on their proposal. This is a fact finding and explanation session only and does not include negotiation. The anticipated date for oral presentations, if conducted, will be March 30, 2005, in a location to be determined by the DHR. Oral presentations are an option of DHR and may or may not be conducted.
2. SPECIFIC SUBMISSION REQUIREMENTS: Proposals should be as thorough and detailed as possible so that the Offerors’ capabilities and approach to complete the final report can be clearly understood and evaluated against the evaluation criteria stated in this solicitation. Offerors are required to submit the following items as a complete proposal and shall construct their proposals to contain only the following sections:
Section 1. Return the solicitation cover sheet and all addenda acknowledgements, if any, signed and filled out as required
Section 2. Describe the Offeror’s team that will perform the services and prepare the deliverable requested by this solicitation, include:
a. Offeror’s expertise, experience, and qualifications in performing the services and completing the deliverable requested by this solicitation – identify similar projects, in size and scope, the offer has completed
b. Identify Offeror’s staff that will be used
c. Identify any third party consultants that will be used, including name, address, and description of their area of expertise, qualifications, and similar experiences they have in performing the services they will be responsible to provide
d. An organization chart that identifies the project manager and all members of the team, by name and respective role and responsibility, that will be used to perform the services and complete the deliverable request by this solicitation
e. Attachment B – completed and signed by the Offeror
Section 3. Describe the Offeror’s approach to perform an assessment of the existing conditions of the state-owned properties bounded by 8th, 9th, Grace and Broad Streets in the City of Richmond, and the costs for repair and renovation. The assessment shall address, at a minimum:
a. substructure
b. superstructure
c. exterior
d. roof
e. elevators
f. fire protection
g. plumbing
h. mechanical
i. electrical
Section 4. Describe the Offeror’s approach to assess the historic significance and reuse potential of the 8th and 9th street office buildings, the identification of elements of each structure that should be considered for preservation, and significant urban design issues.
Section 5. Describe how the Offeror will evaluate and assess the Best and Highest Use of the site with emphasis on economic analysis and options to meet the state’s office and parking facility needs in the Capitol Square area, considering the Commonwealth’s plan for consolidation of office space in the Capitol Square complex for the purpose of relocation and/or co-locations of state office space from offices currently leased from private sources. Offeror will address its approach to conclude the:
a. highest and most favorable economic benefits to the Commonwealth
b. historic preservation significance of the 8th and 8th street office buildings and any structural elements of said buildings
c. security with the properties proximity to Capitol Square
d. historic and economic benefits to the City of Richmond
e. urban design issues (relationship of 8th and 9th street buildings to each other, the empty lot located at 9th and Broad Streets, and most importantly, the Capitol Complex)
Section 6. Explain the Offeror’s approach to evaluate alternative disposition for any existing buildings on the site.
Section 7. Describe the Offeror’s approach to develop a design framework for the site that may involve reuse of, addition to, partial replacement or total replacement of the existing structure(s).
Section 8. Timeline to complete the services requested by this solicitation. Timeline must document the two required in-progress reviews and the June 10, 2005, delivery date of the final report.
Section 9. Small, Women-owned and Minority Business Participation Information: The Offeror must submit the following three sets of data for small business, women-owned business, and minority-owned business: (1) ownership, (2) utilization of small, women-owned, and minority businesses for the most recent 12 months, and (3) planned involvement of small businesses, women-owned businesses, and minority-owned businesses for this effort.
Section 10. Costs to perform the services and complete the deliverable requirements of this solicitation. Presented in the format provided in Section VIII of this solicitation.
V. EVALUATION CRITERIA:
Evaluation Criteria: Proposals shall be evaluated by using the following criteria:
A. Expertise, experience, and qualifications of Offeror’s staff and consultants
B. Approach to developing assessment report for 8th and 9th street office buildings
C. Approach to determine historic and architectural significance of 8th and 9th street office buildings and any features as part of these structures
D. Approach to determine Best and Highest Use of the site
E. Approach to evaluate alternative disposition of any buildings on the site
F. Approach to develop a design framework for the site
G. Timeline to complete the requested services
H. Use of small businesses and businesses owned by women and minorities as consultants, subcontractors, suppliers or support services.
I. Costs to complete the requested services and deliverable
VI. REPORTING AND DELIVERY INSTRUCTIONS:
Utilization of Small Businesses and Business Owned by Women and Minorities:
1. The following reports shall be submitted to the purchasing agency:
1. Periodic Progress Reports/Invoices (Monthly): The Contractors will include a report on involvement of small businesses and businesses owned by women and minorities to the Contract Monitor, Department of General Services, Procurement Unit, 215 Governor Street, Richmond, Virginia 23219, Attention: Don Rainey, Director. This report will specify actual dollars expended with such businesses under the resulting contract. This information shall be detailed separately for small businesses, women-owned businesses and minority-owned businesses.
2. Final Actual Involvement Report (Yearly): The Contractor will submit, prior to completion of the contract and prior to final payment, a report on the actual dollars spent with small businesses and businesses owned by women and minorities during the performance of this contract to the Contract Monitor, Department of General Services, Procurement Unit, 215 Governor Street, Richmond, Virginia 23219, Attention: Don Rainey, Director. At a minimum, this report shall include for each firm contacted with and for each such business (i.e., small, women-owned, minority-owned) a comparison of the total actual dollars spent on this contract with the planned involvement of the firm and business class as specified in the proposal, and the actual percent of the total estimated contract value. A suggested format is as follows:
VII. GENERAL TERMS AND CONDITIONS
A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.dgs.state.va.us/dps under “Manuals.”
B.
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 agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.
C. ANTI-DISCRIMINATION: By submitting their proposal, Offerors certify to the Commonwealth 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 over $10,000 the provisions in 1. and 2. below apply:
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, 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 the purpose of meeting these requirements.
2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
D. ETHICS IN PUBLIC CONTRACTING: By submitting their offer, Offerors certify that their offer is 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 offer, 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.
E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their offer, 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.
F. DEBARMENT STATUS: By submitting their offer, Offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.
G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.
H. 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 Commonwealth.
I. PAYMENT:
1. To Prime Contractor:
a. Invoices for items/services 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 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).
b. 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.
c. 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.
d. 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.
e. 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).
2. To Subcontractors:
a. A contractor awarded a contract under this solicitation is hereby obligated:
(1) 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
(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.
b. 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 (2) 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.
3. Each prime contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.
J. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT 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.
K. QUALIFICATIONS OF OFFERORS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal the evidence submitted by, or investigations of, such Offeror fails to satisfy the Commonwealth that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.
L. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.
M. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.
N. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:
1. 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.
2. The Purchasing Agency 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 services to be performed, 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 the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. 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 the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
By ordering the contractor to proceed with the work and 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 the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency 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 the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. 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 disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.
O. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, 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 the Commonwealth may have.
P. INSURANCE: By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The Offeror further certifies that the contractor and any subcontractors will maintain this insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.
MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS:
1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.
2. Employer’s Liability - $100,000.
3. Commercial General Liability - $1,000,000 per occurrence. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.
4. Automobile Liability - $1,000,000 per occurrence. (Only used if motor vehicle is to be used in the contract.)
Profession/Service Limits
Accounting $1,000,000 per occurrence, $3,000,000 aggregate
Architecture $2,000,000 per occurrence, $6,000,000 aggregate
Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate
Health Care Practitioner (to include Dentists, Licensed Dental
Hygienists, Optometrists, Registered or Licensed
Practical Nurses, Pharmacists, Physicians, Podiatrists,
Chiropractors, Physical Therapists, Physical
Therapist Assistants, Clinical Psychologists,
Clinical Social Workers, Professional Counselors,
Hospitals or Health Maintenance Organizations.) $1,750,000 per occurrence, $3,000,000 aggregate
(Limits increase each July 1 through fiscal year 2008, as follows:
July 1, 2005 - $1,800,000, July 1, 2006 - $1,850,000, July 1, 2007 - $1,925,000,
July 1, 2008 - $2,000,000. This complies with §8.01-581.15 of the Code of Virginia.
Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate
Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate
Legal $1,000,000 per occurrence, $5,000,000 aggregate
Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate
Surveying $1,000,000 per occurrence, $1,000,000 aggregate
Q.
ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over $50,000, as a result of this solicitation, the purchasing agency will publicly post such notice on the DGS/DPS eVA web site www.eva.state.va.us for a minimum of 10 days.
R. DRUG-FREE WORKPLACE: 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.
S. 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 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.
VIII. SPECIAL TERMS AND CONDITIONS
A. ADVERTISING In the event a contract is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to the DHR or DGS will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the Commonwealth of Virginia or any agency or institution of the Commonwealth has purchased or uses its products or services
B. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period
C. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement
D. AWARD TO MULTIPLE OFFERORS: 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 Proposals, including price, if so stated in the Request for Proposals. 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, the agency shall select the Offeror which, in its opinion, has made the best proposal, and shall award the contract to that Offeror. The Commonwealth reserves the right to make multiple awards as a result of this solicitation. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 11-65D). Should the Commonwealth 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 the solicitation and the contractor’s proposal as negotiated.
E. OFFEROR ACCEPTANCE PERIOD: Any proposal in response to this solicitation shall be valid for 90 days. At the end of the 90 days the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled
F. CANCELLATION OF CONTRACT: The purchasing agency 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
G. IDENTIFICATION OF PROPOSAL ENVELOPE: Include the information in the following template to identify submitted proposals:
From: ___________
Name of Offeror Due Date Time
________________
Street or Box Number IFB No. /solicitation No.
________________
City, State, Zip Code IFB/solicitation Title
To: The Department of Historic Resources (ATTN: Kathleen Kilpatrick)
H. SMALL, WOMEN, AND MINORITY-OWNED BUSINESSES SUBCONTRACTING AND EVIDENCE OF COMPLIANCE:
1. Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such business to small, women, and/or minority-owned (SWAM) businesses. If SWAM subcontractors are used, the prime contractor agrees to report the use of SWAM subcontractors by providing the purchasing office at a minimum the following information: name of firm, phone number, total dollar amount subcontracted, category type (small, women, or minority-owned), and type of product/service provided.
2. Each prime contractor who wins an award in which provision of a small, women or minority-owned (SWAM) procurement plan is a condition of the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. When such business has been subcontracted to these firms and upon completion of the contract, the contractor agrees to furnish the purchasing office at a minimum the following information: name of firm, phone number, total dollar amount subcontracted, category type (small, women, or minority-owned), and type of product/service provided. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate remedies may be assessed in lieu of withholding such payment
I. MANDATORY PRE-PROPOSAL CONFERENCE: A mandatory pre-proposal conference will be held on Tuesday March 8, 2005, at 10:00 AM, on the 3rd Floor (Division of Purchases and Supply Training Room) in the 8th Street Office Building located at 805 East Broad Street Richmond, Virginia 23219. The purpose of this conference is to allow potential Offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.
Due to the importance of all Offerors having a clear understanding of the scope or work and requirements of this solicitation, ATTENDENCE AT THIS CONFERENCE SHALL BE A PREREQUISITE FOR SUBMITTING A PROPOSAL. Proposals will only be accepted from those Offerors who are represented at this mandatory pre-proposal conference. Attendance at the conference will be evidenced by the representative’s signature on the pre-proposal conference attendance roster. No one will be admitted to the pre-proposal conference after 10:15 AM
J. RENEWAL OF CONTRACT: This contract may be renewed by the Commonwealth upon written agreement of both parties for a term determined by the Commonwealth, but shall not exceed one year.