Finance & Human Resources

Request for Proposals Number 2009-SC1

Architectural & Engineering Services
for
Blue Ridge (Crozet) Tunnel Project

May 7, 2009
___________________________________________

Proposal Title: Architectural/Engineering Services ñ Blue Ridge (Crozet) Tunnel Project
RFP Number 2009-SC1
       

This is the County of Nelsonís Request for Proposals Number 2009-SC1 issued May 7, 2009.  Direct inquiries for information to:  Stephen A. Carter; Phone:  434-263-7000; Fax:  434-263-7004 or email scarter@nelsoncounty.org.

A Pre-proposal conference will not be held for this RPF.  Any changes to this Request for Proposals will be made only by written addendum issued by the County.

Sealed proposals will be accepted in the County Administratorís office prior to 4:00 p.m. Local Time Prevailing on May 28, 2009.  Proposals received after the stated due date and time shall not be considered.

Proposals shall be submitted in a sealed, opaque envelope, with the RFP number, title, due date and time appearing on the lower left front.  Contractors are responsible for having their proposal stamped by the County Administratorís Office before the deadline indicated above and should note all addenda issued.

Acknowledge receipt of addenda here:  No. ____    Date: __________     No. ____       Date: _________

Submit Proposals:  BY POSTAL MAIL SERVICE TO:  County of Nelson, County Administratorís Office, P. O. Box 336, Lovingston, VA  22949.  BY HAND DELIVERY OR EXPRESS CARRIER TO:  County of Nelson, County Administratorís Office, 84 Courthouse Square, Lovingston, VA  22949.

Information the Contractor deems Proprietary is included in the proposal response in section(s): ______.
See Paragraph B on page 2 for guidelines on submitting proprietary information.  In compliance with this Request for Proposals and all the conditions imposed therein, the undersigned offers and agrees to furnish the services in accordance with the attached proposal or as mutually agreed upon by subsequent negotiations.  By my signature below, I certify that I am authorized to bind the Contractor in any and all negotiations and contractual matters relating to this Request for Proposal.  Sign in ink and type or print requested information.

Full Legal Name of Contractor:  ______________________________________________________________

Fed ID or Soc. Sec. No.:   ________________________     Date:  ______________________________

Address: ______________________________________    Phone:  _____________________________

                ______________________________________    Fax:      _____________________________

Signature:  _____________________________________    ____________________________________
                                 Typed or Printed Name, Title
               

I.    SUBMISSION OF PROPOSAL

A.    An original, so marked, and four copies, so marked, for a total of five copies of the proposal response are required.  One copy of the proposal in an electronic format, either floppy disk or CD in Microsoft Word format or PDF file must accompany the submission.  The County will not assume responsibility for reproduction where an insufficient number of copies has been supplied.  Failure to comply with this or other requirements of this Request for Proposal shall be grounds for the County to reject such proposals.  Telegraphic or facsimile submission of proposals is not acceptable and any such proposals will not be considered.  Nothing herein is intended to exclude any responsible Contractor or in any way restrain or restrict competition.  All responsible Contractors are encouraged to submit proposals.

B.    Submission of Proprietary Information

Trade secrets or proprietary information submitted by an Contractor in connection with this procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Contractor must invoke the protection of this section prior to or upon submission of the data or the materials, and must identify the data or other materials to be protected and state the reason why protection is necessary.  (Section 2.2-4342 of the Code of VA).  Contractors shall submit, in a separate section of the proposal, any information considered proprietary and any copyrighted material and clearly identify the information as proprietary and/or copyrighted information.  Contractors may not declare the entire proposal proprietary nor may they declare proposed pricing to be proprietary.  References may be made within the body of the proposal to proprietary information; however, all information contained within the body of the proposal not in the separate section labeled proprietary shall be considered Public Information.

C.    Proposals having any erasures or corrections must be initialed and dated in ink by the Contractor.

D.    The County reserves the right to accept or reject any or all proposals, to waive informalities, and to reissue any request for proposals and to award contracts to multiple Contractors.  Any contract resulting from this Request for Proposal shall not be exclusive to the successful Contractor.  The County reserves the right to contract with firms not party to the resultant contract for similar work if it determines this to be in the Countyís best interest. 

E.    By submitting a proposal response, the Contractor agrees that the proposal response will not be withdrawn for a period of 90 days following the due date for proposal responses.

F.    By submitting a proposal response, the Contractor certifies that it has not combined, conspired or agreed to intentionally rig, alter or otherwise manipulate, or to cause to be rigged, altered or otherwise manipulated, its proposal response for the purpose of either allocating purchases or sales to or among persons, or raising or otherwise fixing the prices of the goods or services, or excluding other persons from dealing with the County.

G.    By submitting a proposal response, the Contractor certifies that its proposal is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other Contractor, supplier, manufacturer or subcontractor in connection with its proposal; and that it has 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.

H.    The County will not be responsible for any expense incurred by any Contractor in preparing and
submitting a proposal response.  All proposals submitted will become the property of the County.
   
I.     The County reserves the right to cancel any resultant contract if, in the opinion of the County, the
Contractor provided false, inaccurate or misleading information in the RFP documents or if the Contractor withheld information form the County regarding the Contractorís moral and business integrity and reliability as it relates to the good faith promise of the contract.

II.    GENERAL INFORMATION

Background:  The project encompasses the preservation/restoration of the historic Blue Ridge (Crozet) Tunnel (BRCT) located at Afton Mountain.  Upon its completion in 1856, this 4,273 linear foot tunnel was considered the longest in the world.  It is Nelson Countyís objective to restore the BRCT and convert it to a pedestrian trail (greenway) inclusive of parking and related amenities and, similarly, subject to funding, to reconstruct the existing Route 250 Overlook.   It is also Nelson Countyís intent to utilize the BRCTís strategic location to establish linkages, as possible, to Augusta County, the City of Waynesboro, the Blue Ridge Parkway, Skyline Drive, I-64, Route 250, the Appalachian Trail and the Rockfish Gap Visitorís Center.  

Current Effort:  Nelson County has completed a master plan of the BRCT entitled ìRestoration of the Blue Ridge Tunnelî.  The County has also acquired the BRCT from CSC, Corporation and is working with property owners located on either side of the tunnel to acquire property or easements necessary for construction of the projectís trail (greenway) system.   The master plan will be provided in a CD format to all firms that request provision of this information.
 
Solicitation:  Nelson County is hereby soliciting proposals from qualified firms to provide all facets of professional architectural and engineering services, including landscape architecture and/or other professional services disciplines, necessary to complete the final design and reconstruction of the Blue Ridge (Crozet) Tunnel to convert the BRCT to a trail (greenways) system (bicycle, pedestrian and such other accesses as may be approved by the project owner), inclusive of such related amenities and installations determined necessary and/or beneficial to the projectís successful completion and operation.  The project may also entail the design and reconstruction of the Route 250 Overlook as a component of the overall initiative, including, as applicable, linkage to the BRCT, and, as may be required, assistance with acquisition of easements, property, grant applications, and such other services as the owner may require to provide for the projectís completion.

III.     SCOPE OF PROJECT

See ìSolicitationî under Section II hereinabove.

IV.    PROPOSED SCHEDULE OF IMPLEMENTAION

The projectís schedule of implementation will be determined by the County in consultation with the successful Contractor and is subject to the availability of funding.  The Countyís objective is to expeditiously complete the projectís final design to enable the initiative to be positioned (eligible) to seek federal/state funding opportunities that are anticipated by the County in 2009 and 2010 and, as necessary, until sufficient funding is in place for the projectís completion.

V.    SCOPE OF SERVICES

The selected firm(s) shall furnish all expertise, labor and resources for the programming, design and construction period services for the project in accordance with Virginia Department of Transportation, Federal Highway Administration/Department of Transportation and County requirements.  The following generally high lights the services that the firm(s) will be required to provide/perform:

A.    GENERAL SCOPE OF SERVICES
1. Refine, clarify and define the Countyís project description and requirements necessary to complete a final design, including construction drawings and specifications, for the project, which meet the Countyís, VDOT and FHA/DOT requirements and is within an accepted ìdesign-not-to-exceedî construction cost(s).  Respond to all VDOT, FHA/DOT and other federal, state and local agency review comments and resolve outstanding issues by taking appropriate action(s) in the design of the project.
2. Prepare preliminary design studies and drawings, as may be required.
3. Provide complete construction contract documents with professional seals and signatures in accord with VDOT, FHA/DOT and County regulations, procedures, etc.
4. Assure that the construction contract documents are in conformance with generally accepted architectural and engineering practices and comply fully with applicable codes and regulations, including, but not limited to, the Virginia Uniform Statewide Building Code and the Uniform Federal Accessibility Standards/Americans with Disabilities Act (ADA). All services will be in accordance with applicable local code requirements, and the latest edition of the BOCA code, as applicable. 

5. Provide specifications which reflect current requirements, standards and product availability.
6.  Prepare site plan for the project and obtain approval from required agencies.
7. Where applicable, develop and prepare construction documents for an Erosion and Sediment Control Plan, Stormwater Management Plan.  Assist the owner to obtain approval from required agencies.
8. Prepare and submit all other regulatory permits or approval required for the projectís completion.  Assist the owner to obtain approval from required agencies.
9. Coordinate overlook restoration and entrance design with and obtain the approval from VDOT.
10. Coordinate the design of utility connections with local utility provider(s) and obtain necessary approvals. The County will pay filing fees and connection charges, as required.
11. Prepare A/E cost estimates for the project.
12. Provide assistance in the bidding process, including an analysis of bid responses.
13. Represent the County by presenting necessary oral and/or graphic presentations to State, Federal and local agencies or any group having interest in the project.
14. Assist in the completion of grant applications or other funding means for the projectís completion to state, federal, local or other agencies or entities.
15. Provide services for the construction phase, as required by the County, for the administration and inspection of the construction of the project.
16. Assist the County in negotiations with state and federal agencies, offices, other agencies, entities or individuals, including property/easement acquisition(s).
17.  Other.  Any/all services necessary and approved by the County to provide for the projectís completion.

B.     SCOPE OF SERVICES

The Architectural and Engineering firm selected to provide professional services shall be available for all phases of the Project authorized by the County and shall perform all services described herein by providing all supervision, manpower, materials, equipment and supplies necessary to provide the work outlined. The services to be provided may include but not limited to the following:
1. Perform necessary research, surveys, thorough field investigations, engineering analyses and documentation to analyze all existing site conditions and identify all requisite information for the projectís completion. Prepare schematic and/or preliminary designs based on project requirements and findings.
2. Prepare preliminary budget cost estimates and quantitative probable cost estimates and proposed Project schedules for the work.
3. Develop the design of the Project for the scope of work and within funding appropriation limits identified by the County.
4. Develop and prepare construction documents; i.e., drawings and specifications for the bidding and construction of the work of the project, and for the bidding and installation of related facilities/installations for the project as required by the County.
5. Construction documents shall be prepared independently, as may be applicable, for various project elements to permit the County to bid and award separate construction contracts for each individual project identified and, bid and award separate facility/installations contracts related to the project, as may be required by the County in consultation with the A/E.
6. Prepare comprehensive quantitative probable cost estimates and updated schedules for the Project representing the cost of the work described in the completed and approved bid documents as required by the County.
7.  Assist the County in obtaining funding for the projectís completion.
8. Assist the County in obtaining approval of plans and permits by local, state and federal agencies as required.
9. Provide services for bidding evaluation and award of the construction contract as required or directed by the County.
10.  Provide full and comprehensive contract administration services through Project completion or as required.
11. Provide ìas builtî drawings and specifications of construction, furnishings and equipment installations of the Project as required.
12.  Provide all other services required by the owner for the projectís successful completion.

VI.    PROPOSAL PREPARATION
The proposal response should address the items included in the Scope of Services and the Criteria for Proposal Evaluation.  Proposals should be prepared simply, providing straightforward and concise responses to requests for information and descriptions of qualifications and capabilities.  Each copy of the proposal should be bound with all documentation in a single volume where practical.  Failure to do so will result in a lowered evaluation.  Incomplete proposals may be determined non responsive.
Contractors should organize their proposals using the format described below.
A.    Title Sheet
Furnish the information requested on the Request for Proposal Title Page of this solicitation and include it as the first page of your proposal response.  The name stated on the Title Sheet must be the full legal name of the Contractor and the address must be that of the office which will have the responsibility for the services provided.  Contractors shall specify in the introductory cover sheet the section(s) containing trade secrets or proprietary information, thereby invoking the protection of Section 2.2-4342 of the Code of VA.
B.    Project Methodology
Provide a complete description of the proposed methodology for the Contractorís provision of the required services under this contract.
C.     Project Schedule
Provide a time line and schedule for implementation of this contract, highlighting critical points in the process.  Schedule should be based on Contractorís anticipated level of effort and staff availability.
Also see Section IV, which places emphasis on the Countyís objective to expeditiously complete the projectís final design.
D.    Experience of the Contractor in Providing This Service
Include a statement of the Contractorís experience in providing the services stated in the Scope of Services.  If any subcontractors will be used, they should be identified and their qualifications included in the proposal response.  Include experience of key individuals to be assigned to this contract, emphasizing their experience in working with similar contracts and local governments.  List only the experience directly related to their assigned duties under the proposal contract.  Identify only the specific individuals who will be actively working on this project.  Provide copies of current GSA Forms 254 and 255 for all firms involved in the project.
Explain how the project team will be organized, who will fill each appropriate role, and what proportion of each individualís time will be devoted to the project.
E.    References
Provide a list of clients for whom similar services have been provided and dates when the services were provided.  Include client name, address, telephone number, facsimile number, description of type of services performed, and person the County may contact.  Include references for all phases of projects similar to that described herein.
F.    Outline your firmís current and anticipated workload and your plan to dedicate the necessary resources to assure timely delivery of proposed services.
G.    State Corporation Commission (SCC) Registration
If listed as a Corporation, Contractors must also submit documentation with their proposal, verifying their registration with the Virginia State Corporation Commission.
VII.    CRITERIA FOR PROPOSAL EVALUATION
    Evaluation Criteria
The following criteria listed will be used in the evaluation and rating of proposals for the selection of an A/E for the proposed Project.  
1.  Expertise, experience and qualifications of the respondent firm(s) in providing the services sought by Nelson County for the project described in this RFP.
2. Expertise, experience and qualifications of any special consultants proposed for providing the services described in this RFP.
3. Geographical location of the A/Eís office where work will be performed in relation to the project location.
4. Current and projected work load, plan to complete the work and ability to complete the work described in this RFP in a timely manner (See Section IV herein).
5. Expertise and past experience of the A/E in providing services on projects of similar size, scope and features, as those described in this RFP.
6. Qualifications and experience of the A/Eís project manager to be assigned to this project.
7. Size of the firm relative to the size of the project.
8. Financial responsibility as evidenced by the A/Eís carrying Professional Liability Insurance.
9. Experience and expertise of the firm with state, federal and other funding sources that may be applicable to and used to accomplish the Project.

VIII.    METHOD OF AWARD  
Proposals will be evaluated and interviews scheduled with selected firms in accordance with the provisions of competitive negotiations in compliance with Code of VA Section 2.2-4301 (3.a).  Should the County determine that only one Contractor is fully qualified, or clearly more highly qualified and best suited than all others, a contract may be negotiated and subsequently awarded to that Contractor.
Upon making an award, or giving notice of intent to award, the County will place official notice on its Web site and place appropriate notice on the public bulletin board located on the first floor of the Nelson County Courthouse.
IX.    SOLICITATION DEBRIEFING
The competitive negotiation process requires that the content of all offers made subject to this solicitation be kept confidential until official posting of the Countyís ëintent to awardí.  In accordance with Section VIII. above, with the exception of documents claimed as proprietary, such information may be viewed only by a submitting Contractor within a 10 day period after notice of intent to award is given, and by the general public only after the award is made.  The County shall not be required to give reasoning for its decision to award to the selected Contractor.
X.    GENERAL TERMS AND CONDITIONS 

The County will utilize its Standard Form of Agreement as the means of contracting with the successful respondent to this RFP.  The SFA is not included herewith.  Requisite conditions are denoted as follows:
A    Subcontracting and Assignment of Work
The Contractor shall not subcontract or assign portions of the work, other than those specifically defined in the Contract, without the express written consent of the County.  A description of any work the Contractor proposes to subcontract shall be submitted to the County for review and approval along with the name and address of the individual, firm, or corporation that is the proposed subcontractor.  This submittal shall also include a list of the key personnel that the subcontractor will assign to the project.  All work performed by any subcontractor shall be coordinated by the Contractor and the Contractor will be responsible to the County for all work performed by any subcontractor or special Contractor.
B.    Fees/Payment for Services
The fee for services shall be negotiated on a lump sum basis (unless otherwise agreed to) considering the Scope of Services required, the estimated man hours required for each level/discipline and the typical labor rates for  the various skill levels required for the project/work. Payments to the Contractor shall be made within 30 days after receipt of an approved invoice for services provided in the previous month.  Backup documentation for each invoice shall be provided in detail satisfactory to the County.  The Contractorís records and documentation supporting such invoices shall be made available to the County upon reasonable request.  The Contractor agrees to retain all records, documents, and support materials relevant to the Contract for a period of five years following final payment.
C.    Independent Contractor
The Contractor is an independent contractor and nothing contained in the Contact shall constitute or designate the Contractor or any of its agents as employees of the County.

D.    Notification

Any notice required by the Contract shall be effective if given by registered mail, return receipt requested, to the Contractor in the name and at the address given in its proposal submission; provided that change of address shall be effective if given in accordance with this paragraph.  Unless otherwise specified, any notice to the County shall be given to Stephen A. Carter, County Administrator, County of Nelson, P. O. Box 336, Lovingston, VA  22949.  The Contractor agrees to notify the County immediately of any change of legal status or of address.  Any notice provided in accordance with this paragraph shall be deemed to have been completed five calendar days after the date of mailing.

E.    Termination and Ownership of Documents

The County reserves the right to terminate the contact with or without cause upon written notice to the Contractor.  In the event of termination pursuant to this paragraph, which is not the fault of the Contractor, the Contractor shall be paid for all services provided through the date of termination.  The contract will terminate immediately upon failure of the Nelson County Board of Supervisors to appropriate funds for its continuance.

The Contractor agrees that all information and materials gathered and/or prepared by or for it under the terms of the Contract shall be delivered to, become and remain the property of the County upon completion of the work or termination of the Contract.  The County shall have the right to use and reproduce the data and reports submitted hereunder, without additional compensation to the Contractor.

F.    Laws and Regulations

The Contractor shall abide by all Federal, State and Local laws and regulations governing the provision of the services called for in the Contract.  The Contractor shall give notice and comply with all laws, ordinances, rule, regulations, and lawful orders of any public authority bearing on the performance of the work.  The Contractor shall be properly registered  in the Commonwealth of Virginia. 

G.    Additional Services

The County may add to the Scope of Services or make changes to the Scope of Services for any services of a similar nature to those specified in the Scope of Services of this Request for Proposals as mutually agreed to at a price mutually agreed upon.

H.    Severability

Each paragraph and provision of the resultant contract will be severable from the entire agreement if any provision is declared invalid, the remaining provisions shall remain in effect.

I.    Licenses and Permits

The Contractor shall be secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the work which are legally required prior to and during the work.

J.     Nondiscrimination

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 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 the requirements of this section.
2. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
K.    Compliance with federal, state, and local laws and federal immigration law
In accordance with Code of Virginia Section 2.2-4311.1 the contractor shall agree that it  does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

L.    Payments to Contractors

    In accordance with Code of Virginia Section 2.2-4354 the Contractor agrees that:

1. Should any subcontractor be employed by the Contractor for the provision of any goods or services under this Contract, the Contractor agrees to the following:

a.  The Contractor shall, within seven days after receipt of any payments from the County pursuant to this Contract, either:

(1) Pay the Subcontractor for the proportionate share of the total payment received from the County attributable to the goods or services provided by the subcontractor; or

(2) Notify the County, as applicable, and the subcontractor, in writing, of the intention to withhold all or a part of the subcontractorís payment with the reason for nonpayment.  Written notice to the County shall be given to:  Stephen A. Carter, County Administrator, County of Nelson, P. O. Box 336, Lovingston, VA  22949.

b. The Contractor shall pay interest to the subcontractor, at the rate of one-half percent (1.2%) per month on all amounts owed to the subcontractor that remain unpaid after seven days following receipt of payment from the County for goods or services provided under this contract, except for amounts withheld under subparagraph a.(2) above.

c. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor
to include or otherwise be subject to the same payment and interest requirements with regard to each lower-tier subcontractor.
     
d. The Contractorís obligation to pay an interest charge to a subcontractor shall not be an obligation of the County.

e. No contract modification shall be allowed for the purpose of providing reimbursement for these interest charges.  No cost reimbursement claim shall include any amount for reimbursement of interest charges.

M.    Contractual Claims

Contractual claims, whether for money or other relief, shall be submitted in writing to the County
Administrator, with copy to the Director of Finance and Human Resources, no later than sixty days after final payment; however, written notice of the contractorís intention to file such claim shall have been given within ten days of the occurrence of the event giving rise to the claim or the beginning of the work upon which the claim is based.  Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods.  Pendency of claims shall not delay payment of amounts agreed due in the final payment.

The decision of the County Administrator on the claim shall be final unless appealed to the Nelson County Circuit Court as provided by law.

N.    Taxes

The Contractor shall pay all County, State and Federal taxes required by law enacted at the time proposals are received and resulting from the work or traceable thereto, under whatever name levied.  Said taxes shall not be in addition to the contract price as the taxes shall be an obligation of the Contractor and not of the County and the County shall be held harmless for same by the Contractor.

O.    Indemnification

To the fullest extent permitted by law, the Contractor, for itself, heirs, representatives, successors and assigns agrees to save, defend, keep harmless and indemnify the County and all of its officials, agents, and employees (collectively, ìthe Countyî) from and against any and all claims, loss, damage, injury, costs, (including court costs and attorneyís fees), charges, liability or exposure, however caused, resulting from, arising out of or in any way connected with the Contractorís performance (or nonperformance) of the agreement or terms or its obligations under this agreement.

P.    Contract Assignment

The resultant contract may not be assigned, in whole or part, without the written consent of the County.

Q.    Royalty and License Fees and Copyright, Trademark and Patent Protection

The Contractor shall pay all royalty and license fees relating to the items covered by the contract.  In the event any third party shall claim that the manufacture, use and sales of these goods offered hereby constitutes an infringement of any copyright, trademark, or patent, the Contractor shall indemnify and hold harmless the County from any cost, expenses, damager or loss incurred in any manner by the County on account of such alleged infringement.

R.    Responsibility for Property

The Contractor shall be responsible for damages to property caused by work performed under the Contract.  Property damage to surrounding or adjoining areas caused directly or indirectly by actions or omissions of the Contractor shall be repaired or replaced by the Contractor, to the satisfaction of the Owner, at the Contractorís expense.

S.    Precedence of Documents

The precedence of documents shall be as follows: (1st) the Contract, (2nd) the Request for Proposals, and (3rd) the Contractorís response to the Request for Proposals.

T.    Administrative Appeals Procedures

The County has not established an administrative appeals procedure(s) pursuant to the provisions of Section 2.2-4365 of the Code of VA and will not do so in conjunction with this Request for Proposals or with the Contract resulting from the Request for Proposals.

U.    Confidentiality Contractor

All information obtained by the Contractor (Company) form the County as a result of this contract including employee names shall be confidential; and shall not be used for any purposes other than that specifically authorized, without the prior written permission of the County.

V.    Insurance

The Contractor shall be required to maintain in force such insurance, in amounts acceptable to the County, as will protect himself and the County from claims which may arise out of or result from the execution of the work, whether such execution be by himself, his employees, agents, subcontractors or by anyone for whose acts any of them may be liable.  This coverage should include, at a minimum, Workerís Compensation, General Liability (including premises/operations, independent contractors, products and completed operations, contractual liability and personal injury liability) and Automobile Liability.  All insurance shall be provided by companies authorized to conduct business in the Commonwealth.  The Contractor shall furnish the County with an original Certificate of Insurance upon request.  The Certificate should name the County as an additional insured.  The Contractor shall notify the County at least 30 days prior to policy cancellation, non-renewal or reduction of coverage.

W.    Other Terms and Conditions

    1.      Drug Free Workplace

In accordance with Section 2.2-4312 of the Code of Virginia, during the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractorís employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractorís 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 such 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 sub-Contractor or vendor.

Successful Contractor shall not use, possess, manufacture, or distribute alcohol or illegal drugs during the performance of the contract while on County premises or distribute it to County employees. Successful Contractor understands that a violation of these prohibitions constitutes a breach of the contract and that the County has the right to cancel the contract.

2.    Governing Law and Policy

This Contract shall be governed and construed in accordance with the laws of the Commonwealth of Virginia.  The successful Contractor submits itself to the jurisdiction of a Court of competent jurisdiction in the County of Nelson, Virginia.

    3.    Taxes

The Contractor certifies that all applicable taxes (real estate, business license, personal property, etc.) have been filed, are paid fully up to date, and will remain paid on a timely basis through the life of any such procurement relationship with the County.

4.      Licenses

It shall be the responsibility of the successful Contractor to secure and maintain all applicable licenses, and pay inspection fees required to do the work required.
   
    5.    Publicity

Successful Contractor agrees to submit to the County all advertising, sales, promotion, and other public matter relating to any service furnished by the Contractor wherein the Countyís name therewith may be inferred or implied.  The successful Contractor further agrees not to publish or use any such advertising, sales promotion, or publicity matter without the prior written consent of the County.

EOE
By Authority Nelson County Board of Supervisors