Engineering Service

Agency: State Government of Virginia
State: Virginia
Level of Government: State & Local
Category:
  • C - Architect and Engineering Services - Construction
  • R - Professional, Administrative and Management Support Services
Opps ID: NBD14089925956967722
Posted Date: Jul 30, 2020
Due Date: Aug 14, 2020
Solicitation No: IFB RFP2020-11-1
Source: Members Only
IFB RFP2020-11-1
  • Engineering Service
  • Status: Open
  • Time Left:14 days
  • Closing: 8/14/20 12:00 PM
  • Issued: 7/30/20 9:00 AM
  • Last Amended:
  • Buyer:Julie Mills
  • jmills@kingwilliamcounty.us
  • 804-769-4935

  • Issued By:King William County
  • Type:Invitation for Bids (IFB)
  • Category:Professional Services
  • Work Location: 180 Horse Landing Rd King William, VA 23086
  • Web Address:
  • Pre-Bid Conference:
  • Open Responses:
  • Description:King William County is now accepting competitive sealed proposals from professional engineering firms whose principal officers are licensed by the Commonwealth of Virginia to provide on call assistance with deferred maintenance or minor renovation projects.

Attachment Preview

Test Title

Board of Supervisors

William L. Hodges, First District

Travis J. Moskalski, Second District

Stephen K. Greenwood, Third District

C. Steward Garber, Jr., Fourth District

Edwin H. Moren, Jr., Fifth District

REQUEST FOR PROPOSAL

King William County

On Call Engineering Services

RFP 2020-11

King William County is now accepting competitive sealed proposals from professional engineering firms whose principal officers are licensed by the Commonwealth of Virginia to provide on call assistance with deferred maintenance or minor renovation projects.

Sealed proposals will be accepted until 12 PM, Friday, August 14, 2020 in the Finance Department, King William Administration Building, 180 Horse Landing Road #4, King William, VA 23086. Please be observant of all proposal instructions and specifications. Should any questions arise concerning this proposal, contact the Finance Office, Julie Mills, at (804) 769-4935 or jmills@kingwilliamcounty.us.

King William County reserves the right to accept or reject, in whole or part, any and all proposals, and to waive informalities.

I. Background

King William County is a rural county located 35 miles northeast of downtown Richmond. The County comprises 286 square miles and the Weldon Cooper Center for Public Service has estimated the 2017 population at 16,700. The County is one of only two in the State in which an incorporated town within county limits maintains an independent school system. The County is bordered by Hanover, King & Queen, New Kent, and Caroline Counties.

II. Scope of Work

King William County is soliciting proposals for on-call services of a professional engineering firm to provide civil, structural, environmental and mechanical engineering services typically concerning the design and/or review of waterworks projects. These projects may include, but are not limited to, items in the approved Capital Improvement Plan (CIP).

The successful offeror shall furnish all labor and resources necessary to provide engineering services for the projects identified to be included as a part of this on-call contract. It is the preference, but not a requirement for contract award, of King William County that the successful offeror have the appropriate labor and resources within the firm. Firms may use subcontractors or partner with other firms.

The successful offeror must meet the below minimum requirements and shall perform and carry out in a satisfactory and professional manner, the following, but not be limited to:

1. Develop the necessary plans, sketches, specifications and/or statements of work required to bid small construction or renovation projects.

2. Develop a cost estimate for each project on an as required basis.

3. Provide on an as required basis, suggestions on the most cost effective means to get a project completed.

III. SPECIFIC TERMS AND CONDITIONS

A. The contract resulting from this RFP may be renewed annually (not to exceed two renewals) upon written approval of both the County and the Vendor. Annual increases shall not exceed the CPI-U for the applicable year.

B. The contract resulting from this RFP may be terminated with ninety days written notice by either the County or the Vendor.

C. The County and the Vendor may agree in writing to modify the scope of the contract. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by both parties as part of their written agreement to modify the scope of the original contract.

D. Potential offerors needing special assistance under the Americans With Disabilities Act shall contact Julie Mills, Financial Specialist Senior, on or before Thursday, August 6, 2020 at 804-769-4935 or jmills@kingwilliamcounty.us. Every reasonable effort will be made to allow every qualified vendor to participate in the competitive process.

E. Questions will be accepted in writing through the end of the business day Thursday, August 6, 2020. Written responses in the form of an addendum will be posted on eVA and on the County website by the end of the business day Friday, August 7, 2020.

F. Four (4) copies of the proposal including Exhibit I CONTRACTOR DATA SHEET shall be received by the Finance Department, 180 Horse Landing Road #4, King William, VA 23086, on or before the closing date and time of Friday, August 14, 2020 at 12:00 PM. Proposals not received by the Finance Department by this date and time will be deemed undelivered and not accepted. “Sealed Proposal-Engineering Services” should be noted on the outside of all submissions.

G. The offeror shall purchase and maintain sufficient insurance to protect him from claims in the following amounts:

Workers’ Compensation State of Virginia requirements

General Liability $1,000,000 per occurrence

$2,000,000 annual aggregate

Automobile $1,000,000 per occurrence

Professional Liability $1,000,000 per occurrence

A Certificate of Insurance shall be required within ten (10) days of the date of the award. The certificate must contain a provision stating that the coverages will not be canceled unless a minimum of thirty (30) days prior written notice has been given to the County. King William County must be listed as an additional insured on the applicable policies.

H. The offeror shall indemnify and hold harmless King William County, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees arising out of or resulting from the negligence the of offeror, his agents or employees during the performance of this contract.

IV. GENERAL TERMS AND CONDITIONS

A. Anti-Discrimination:

By submitting proposals, offerors certify to King William County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, the Virginia Fair Employment Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and Section 2.2 4311 of the Virginia Public Procurement Act.

B. Ethics in Public Contracting:

By submitting a proposal, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

C. Immigration Reform and Control Act of 1986:

By submitting a proposal, 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.

D. Policy on Drug and Alcohol Abuse:

Every contract over $10,000 shall include the following provisions:

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 of 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 in accordance with this policy, 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.

E. Receipt of Proposals:

To be considered, proposals must be received at the location provided and within the time period specified in the Request for Proposals (RFP). Responses received after the specified date and time shall be returned unopened.

F. Acceptance/Rejection of Proposals:

King William County reserves the right to accept or reject any or all proposals or portion of any proposal and to reissue said proposal.

G. Clarification of Terms:

Prospective offerors may submit questions in writing concerning the specifications or other solicitation documents no later than seven working days before the due date. Any revisions to the RFP will be issued as an addendum.

H. Precedence of Terms:

Paragraphs A - G of these General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

I. Required Signature:

All proposals shall be signed with the firm name, Federal identification number and by a representative possessing the authority to bind said firm with his/her signature. The County may request documentation of the signer’s authority.

J. Qualifications of Offerors:

King William County may make such reasonable investigations as deemed proper and necessary to determine the ability of an offeror to perform the work or supply the goods. The offeror shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect the offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. Further, the County reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the County that such offeror is properly qualified to carry out the obligations of the contract and to complete the work or supply the goods.

K. Changes to the Contract:

Changes can be made to the contract in one of the following ways:

1. The Finance Department may order changes within the general scope of the contract at any time by written notice to the Vendor. The Vendor shall comply with the notice upon receipt. The Vendor shall be compensated for any additional costs incurred as the result of such order and shall give the Finance Department 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;

b. By agreeing on 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 Vendor accounts for the number of units of work performed, subject to the Finance Department’s right to audit the Vendor’s records and/or to determine the correct number of units independently;

c. By ordering the Vendor to proceed with the work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Vendor shall present the Finance Department with all invoices or other records of expenses incurred and savings realized. The Finance Department shall have the right to audit the records of the Vendor, 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 Finance Department within thirty (30) days from the date of receipt of the written order from the Finance Department.

L. Payment Terms:

All approved invoices will be paid within thirty days of receipt.

M. Default:

In the case of failure to deliver goods or services in accordance with the contract terms and conditions, King William County, after due oral or written notice, may procure them from other sources and hold the Vendor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to and cumulative with any other remedies the County may have under Federal, State and local law.

N. Evaluation and Award

Proposals will be evaluated as provided in Section 2.2-4302.2 in the Virginia Public Procurement Act and as provided below:

A. An Evaluation Committee shall be formed to review all submittals.

B. Each submittal will be reviewed according to the following criteria in order of importance.

1. Qualifications and experience of the firm and key personnel.

2. Specific approach to the completion of the project; meeting scheduled deadlines and being able to respond on short notice as required.

3. References pertaining to similar projects including contact person, telephone number and services provided.

4. Demonstrated understanding and experience in providing engineering services for small projects to local government or similarly related projects.

C. Following the review of the written proposals, the Evaluation Committee shall engage in individual discussions with two or more offerors deemed fully qualified and best suited among those submitting proposals unless the committee determines that only one offeror is fully qualified or one offeror is clearly more highly qualified and suitable. After informal discussion, which may include non-binding estimates of costs, the offerors will be ranked and negotiations will be conducted with the offeror ranked first. If a contract can be negotiated that is satisfactory to the County, an award will be made to that offeror. Otherwise negotiations will be terminated and negotiations will begin with the second ranked offeror and so on until a successful contract can be reached.

D. A sample of the County’s expected contract is attached. During negotiations with the successful offeror, modification may be made and agreed to.

EXHIBIT I

RFP 2017-001

CONTRACTOR DATA SHEET

TO BE COMPLETED AND RETURNED BY THE CONTRACTOR FAILURE TO FURNISH THIS DATA MAY RESULT IN DECLARING YOUR QUOTE NONRESPONSIVE

1. QUALIFICATION OF CONTRACTOR: The Contractor certifies that they have the capability and capacity in all respects to fully satisfy all of the contractual requirements.

2. TYPE OF ORGANIZATION: (check one) ___ Individual ___ Sole Proprietor

___ Partnership ___ Corporation ___ Government ___ Other

3. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: ____________________

4. YEARS IN BUSINESS: Indicate the length of time in business providing this type of equipment and service: _________________ years. Type of business: ______________________________.

5. CONFLICT OF INTEREST DISCLOSURE STATEMENT: Does any officer or employee of King William County, Virginia, or member of their immediate family, have a personal interest in this contract? YES / NO

Personal interest shall exist by reason of (I) ownership of more than three percent (3%) of the total equity of the business; (II) annual income that exceeds, or may reasonably be anticipated to exceed $10,000 from ownership in real or personal property in a business; (III) salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (IV) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; or (V) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent (3%) of the asset value of the business.

6. CERTIFICATION: The Contractor certifies by their signature below that the information provided in response to RFP 2020-11 is true, correct and complete.

Contractor’s Name:

By (Signature in Ink):

Complete Address:

Name (please print) and Title:

Date:

City/State/Zip:

Federal Identification Number:

Telephone Number:

Facsimile Number:

CONTRACT FOR CONSULTING SERVICES

Agreement No.

This contract made and entered into this _____ day of _____________, 20__, by and between the _____________________________________________________, hereinafter referred to as "Board", which term shall be construed to include any officer, representative or agent having authority to represent or act for it in relation to any part of the subject of this Agreement and ________________________________________

With offices located at __________________________________________________,

hereinafter referred to as "Consultant".

W I T N E S S E T H :

WHEREAS, the Board desires to engage the services of the Consultant in connection with ________________________________________________________

_______________________________________________________________________________________________________________________________________________________________; and

WHEREAS, the Consultant has investigated and is aware of the requirements of the services.

NOW, THEREFORE, for and in consideration of the mutual undertakings of the parties to this Contract, the Board and Consultant hereby covenant and agree, each with the other, that the Consultant shall provide services as an independent contractor in accordance with the terms and conditions of this Contract and the requirements of Exhibit(s) _________ attached to and made a part of this Contract.

ARTICLE I: BASIC SERVICES

1.1 The Consultant shall enter upon the performance of this Contract with all diligence and dispatch, shall assiduously press to its complete performance and shall employ thoroughly competent, qualified and experienced personnel commensurate with the magnitude and intricacy of the work.

1.2 The Scope of Services to be furnished by the Consultant is detailed in Exhibits __________.

ARTICLE II: BOARD'S AND CONSULTANT'S RESPONSIBILITIES

2.1 The County Administrator or his designated representative shall be the liaison between the Board and the Consultant and is authorized to act in the Board's behalf.

2.2 The Consultant agrees to commence work within ten (10) calendar days from the date of the notice to proceed, which shall be issued at the sole discretion of the Board. Any work performed prior to receipt of the notice to proceed will not be eligible for compensation.

ARTICLE III: ADDITIONAL WORK

3.1 The Scope of Services defined in this Contract and Exhibit(s) may be increased and/or modified. However, the Consultant will not undertake any increase and/or modification without prior written approval and supplemental agreement from the Board.

3.2 No change in the character or extent of the work to be performed by the Consultant which affects the time or the compensation shall be made except by supplemental agreement in writing between the Consultant and Board.

ARTICLE IV: PAYMENTS

4.1 As compensation for said services as a consultant and for all services set forth in the Exhibit(s), the Board agrees to pay the Consultant at the negotiated rate(s) for services rendered.

4.2 Payment to the Consultant will be made upon approval of services rendered and appropriate documentation submitted for payment.

ARTICLE V: ERRORS AND OMISSIONS

The Consultant will be required without additional compensation to correct any errors or omissions in any documents submitted and to clarify any ambiguities which may be discovered.

ARTICLE VI: ABANDONMENT AND TERMINATION

6.1 The Board reserves the right to terminate this Contract at any time for any reason upon written notice to the Consultant. If the Board shall terminate the services herein mentioned, the Consultant shall deliver to the Board all data, drawings and estimates completed or partially completed and these shall be the property of the Board. If this Contract is terminated for any reason not the fault of Consultant, the earned value of the work performed shall be based upon the time actually devoted by the Consultant and Consultant's personnel to performance of the services specified in this Contract up to the date of the termination, and payment therefore shall be made at the rate set forth in the Exhibit(s). Such payment shall be made to the Consultant as a final payment in full settlement for the services hereunder or by supplemental agreement hereto. In the event of a termination for breach or default by Consultant, Board shall have access to all remedies available in equity or at law. The Board shall give ten (10) days' written notification to the Consultant of any termination.

6.2 This Contract may be terminated by the Consultant upon ten (10) days' written notice in the event of substantial failure by the Board to perform in accordance with the terms hereof through no fault of the Consultant. In the event of such termination by Consultant, the provisions of paragraph 6.1 immediately hereinabove shall apply mutatis mutandis, except that Consultant shall be entitled to no further or other compensation, either hereunder or by way of a claim for damages growing out of this Contract.

6.3 All documents, including investigation studies, tracings, drawings, estimates, field notes and other working documents as instruments of service are the property of the Board, and the Board may use any or all of said items at any time, either in connection with the project to which they are applicable or in connection with any future or additional projects, whether or not owned or to be owned by the Board, or for any other purpose for which the Board may wish to use said items; provided, however, that the ownership of said items by the Board and the unlimited freedom to use them for any purpose in the future shall not deprive the Consultant of the right to use the plans and the design concepts therein embodied for any purpose within Consultant's discretion in the future. During the performance of the services herein provided, the Consultant shall be responsible for any loss or damage to the documents, data or other pertinent information while in Consultant's possession, and any such loss or damage shall be restored at Consultant's expense. All documents shall strictly conform to all laws, statutes and ordinances, all applicable rules and regulations, and the methods and procedures of all government boards, bureaus or agencies having jurisdiction over the Consultant's services.

ARTICLE VII: MISCELLANEOUS

7.1 Multiple Copies - This Contract may be executed in any number of counterparts, each of which shall be deemed an original.

7.2 Severability of Clauses - It is agreed that the illegality or invalidity of any term or provision of this Contract shall not affect the validity of the remainder of this Contract, and it shall remain in full force and effect as if such illegal or invalid term or provision were not contained herein.

7.3 The Consultant warrants that no company or person has been employed or retained other than a bona fide employee working solely for the Consultant to solicit or secure this Contract, and has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Board shall have the right to annul this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

7.4 The Consultant shall not engage the services of any person in the present employ of the Board for any work covered by this Contract without written permission of the Board.

7.5 Insurance - The Consultant shall maintain insurance to protect the Consultant from claims under worker's compensation acts; claims due to personal injury or death of any employee or any other person; claims due to injury or destruction of property; and claims arising out of errors, omissions, or negligent acts for which the Consultant is legally liable. The amounts and extent of such insurance are indicated below:

Limit and/or

Insurance Type Specifics

A. Worker's Compensation and State of Virginia Requirements

Employer's Liability

B. Automobile Liability, Including $1,000,000 per occurrence

Owned, Non-Owned and Hired

Automobile Coverage

C. Comprehensive General Liability $1,000,000 per occurrence

including any necessary

endorsements to cover the following: $2,000,000 annual aggregate

contractual liability, including

the liability assumed under this

contract; completed operations, to

remain in full effect until the

date of acceptance of the project;

incidental malpractice; broad form

property damage, including completed

operations; personal injury coverage;

employees as additional insureds;

blanket explosion, collapse and

underground coverage; liquor law

liability.

D. Professional Liability Insurance Unless waived by the

(If applicable) Board, the limit shall be a minimum of $1,000,000 or

the contract amount

whichever is greater.

The Board shall be named as an additional insured on the applicable policies and such insurance shall be with a company deemed satisfactory to the Board. Prior to the issuance of a Notice to Proceed, the Consultant shall furnish to the Board a certificate of insurance evidencing the above categories and stating that the insurance will not be canceled without at least thirty (30) days' prior notice, along with a proper endorsement to the applicable policies listing the Board as an additional insured.

7.6 The Consultant and any subcontractors shall bear all loss, expense (including reasonable attorney's fees) and damage in connection with, and shall indemnify the Board, its officers, agents and employees against and save them harmless from all claims, demands, and judgments made or recovered against them because of bodily injuries, including death at any time resulting therefrom, and/or because of damage to property, from any cause whatsoever, arising out of, incidental to, or in connection with the performance of the work by Consultant, including acts of Consultant's employees, servants or agents, whether or not such claims are due to any act of omission or commission, including negligence but excluding sole negligence, of the Board, its officers, agents or employees. Compliance by the Contractor with the insurance provisions hereof shall not relieve Contractor from liability under this provision.

Should Consultant or Consultant's employers, servants or agents use any of Board's equipment, tools, employees, or facilities, such will be gratuitous and Consultant shall release the Board, its officers, agents or employees from and indemnify and save harmless Owner from and against any claims for personal injuries, including death, arising out of the use of any such equipment, tools, employees, or facilities, whether or not based upon the condition thereof or any alleged negligence of Board in permitting the use thereof.

7.7 In no event shall the Consultant's duties to defend, save harmless and indemnify the Board hereunder be enforceable after the expiration of five (5) years from the date of completion of the services included in the Contract; provided, however, should any claim as is described in the immediately preceding paragraph relate to services performed by the Consultant after the date of substantial completion, then from the date of the performance of any such services, whichever is later.

7.8 Board and the Consultant each binds itself, its partners, successors, assigns and legal representatives to the other party to this Contract and to the partners, successors, assigns and legal representatives of such other party in respect of all covenants of this Contract. Neither the Board nor the Consultant shall assign, sublet or transfer its interest in this Contract without the written consent of the other.

7.9 The Consultant shall comply with the provisions of the laws of the and all federal and local statutes, ordinances and regulations that are applicable to the performance of this Contract, and procure all necessary licenses and permits.

7.10 Employment discrimination by Consultant prohibited.

A. During the performance of this Contract, the Consultant agrees as follows:

1. The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law related to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause

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

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

B. The Consultant will include the provisions of the foregoing paragraphs 1, 2 and 3 in every subcontract or purchase order of over $10,000, so that provisions will be binding upon each subcontractor or vendor.

7.11 During the performance of this agreement, the Consultant agrees to (i) provide a drug-free workplace for the Consultant’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Consultant’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements or 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.

7.12 Consultant shall, within seven (7) days of receipt of payment from Board for work performed under this contract, pay any subcontractor for the proportionate share of the total payment received from the Board attributable to the work performed by such subcontractor under this contract or notify the Board in writing of Consultant’s intent to withhold all or part of the subcontractor’s payment with the reason for such withholding. Consultant further agrees to pay interest at one percent per month to any subcontractor on amounts owed should such amounts remain unpaid after seven (7) days following receipt of payment by Consultant from Board for work performed by the subcontractor under this contract unless notice of withholding is provided as stated above. Consultant further agrees to include in each of its subcontracts, provisions requiring subcontractors to include or otherwise be subject to the same payment and interest payments as Consultant with respect to each lower tier subcontractor.

7.13 This Contract and the exhibits incorporated herein constitute the entire agreement between the parties, and no condition or provision, whether oral or written, in any previous bid, proposal or communication by either of the parties or any prior agreement or other understanding between them shall be of any effect, anything in any such bid, proposal, communication or agreement to the contrary notwithstanding.

IN WITNESS WHEREOF, the Consultant has executed this Agreement pursuant to proper authority and in the manner appropriate to him and the Board has executed this Agreement pursuant to its Resolution _______ enacted on ________, 20__.

_____________________________ By:___________________________ TITLE:________________________

Approved as to form:

________________________

_____________________________

CONSULTANT

Corporate Seal

(If appropriate)

Attest:

_________________________ By:__________________________

Secretary

TITLE:_______________________

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