1.0 GENERAL TERMS AND CONDITIONS

1.1 It is the intent of this Request for Qualifications (RFQ) to secure the services of an experienced professional entity (the "Consultant", the "Offeror", and/or the "Contractor") to assist the Town of Bedford (the "Town") by reviewing its current Land Development Regulations, analyzing their effectiveness, and submitting a report of findings (which may or may not include a recommendation to revise the regulations – either in whole or in part).

1.2 Proposals shall be submitted no later than Friday, March 27, 2020, at 5:00 PM to:

Town of Bedford
Bart Warner
Town Manager
215 East Main Street
Bedford, VA 24523

Proposals may be submitted in digital format to bwarner@bedfordva.gov.

1.3 Proposals shall be submitted at the place and time specified in the RFQ advertisement. No responsibility will be attached to any Officer or Agent for the premature opening of a proposal not properly addressed and identified.

1.4 It is the responsibility of the Offeror to assure that the proposal is delivered to the place designated for receipt of proposals prior to the closing time set for receipt of proposal. No proposal received after the time designated shall be considered.

1.5 If any respective Offeror has questions about the specifications or other solicitation documents, the prospective Offeror should contact Bart Warner, Planning Director no later than five (5) working days before the due date.

1.6 Offerors are advised that oral explanations or instructions given by Town Personnel during the Request for Proposals process or at any time prior to the award shall be nonbinding.

1.7 Persons intending to submit a proposal are specifically cautioned that the Offeror is barred from pleading misunderstanding or deception because of estimates of quantities, character, location or other conditions surrounding the same.

1.8 Modifications, additions or changes to the Terms and Conditions of this Request by the Offeror may be cause for rejection.

1.9 Any proposal in response to this solicitation shall be valid until such time as an award is made or the solicitation is cancelled.

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

1.11 By submitting their proposal Offerors certify to the Town 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 all applicable provisions of the Virginia Public Procurement Act.

1.12 By submitting their proposal, the Offeror 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.

1.13 By submitting their proposals, Offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting proposals on contracts for the type of services covered by the solicitation, nor are they an agent of any person or entity that is currently debarred.

1.14 The Town may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services and the Offeror shall furnish to the Town all such information and data for this purpose as may be requested. The Town further reserves the right to reject any proposal if the evidence submitted by, or investigations of, the Offeror fails to satisfy the Town that such bidder is properly qualified to carry out the obligations of the contract.

1.15 Upon award of a contract, it shall not be assignable by the contractor in whole or in part without the written consent of the Town.

1.16 Changes to the contract can be made 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 Town may order changes within the general scope of the contract at any time by written notice to the contractor. 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 Town a credit for any savings. Compensation shall be determined by one of the following methods:
   1. By mutual agreement between the parties in writing; or
   2. By agreeing upon a unit price or using a unit price set forth in the contract; or
   3. 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 Town with all vouchers and records of expenses incurred and savings realized.

1.17 The Town reserves the right to reject any or all bids, in whole or in part, to make separate awards, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the Town to be in its best interest. Due consideration will be given to price, previous experience and the ability of the Offeror to render required services. The Town also reserves the right to conduct any tests it may deem advisable and to make all evaluations.

1.18 Insurance Requirements:

Indemnification - The Contractor agrees, to the fullest extent of the law, to indemnify and save the Town harmless from and against all losses, damages, injuries, claims and demands whatsoever, regardless of the case thereof, and expenses in connection therewith, including reasonable counsel fees, arising out of or incidental to the performance of Contractor's duties and responsibilities under this agreement. This covenant of indemnity shall continue notwithstanding any revocation or termination of this agreement. The Contractor shall be given prompt notice of any claims, demands or causes of action and reasonable opportunity to defend the same.

2.0 CODES & STANDARDS

The Consultant, its officers, agents, employees, and any subcontractors, in the performance of this Agreement shall comply with all applicable statutes and laws of the United States and the Commonwealth of Virginia, the Charter and ordinances of the Town of Bedford, and the applicable rules and regulations of the agencies of each.

3.0 BACKGROUND

3.1 All zoning, subdivision, design, and sign regulations (as well as their associated administrative processes) are currently governed by the Town of Bedford Land Development Regulations. The Land Development Regulations are included as Part III of the Town Code and may be viewed online at https://library.municode.com/va/bedford/codes/code_of_ordinances?nodeId=PTIIILADERE. Although the current document has been subject to amendment and revision over the years, it has not been substantially reviewed in full since its original adoption in the mid 1980's.

3.2 The Town of Bedford is interested in offering a comprehensive document for the regulation of activities noted in Section 3.1 above (including subdivision and provisions related to design standards) that is user friendly – the expectation of that term being a document that can be readily comprehended by any member of the general public who may not otherwise have formal training and/or background in land development activities. To that end, the Town wishes to make available a document meeting the following objectives:

1. Presentation of information in graphic terms (through employment of photographs, tables, charts, and other available visual examples) to the greatest extent possible;
2. Reduction in the quantity of individual zoning categories and/or classifications to the greatest extent possible;
3. Regulations primarily governing the impact of development from an aspect of design and physical relationship within the community rather than an overt focus on individual uses or metrics associated with density. (Although interests related to use and/or density may be considered as they relate to nuisance issues, environmental impacts, and a demonstrated relationship to the physical scale of the community.)

3.3 To accomplish these objectives, the Town is interested in securing the services of an experienced professional entity to review its current Land Development Regulations, analyzing their effectiveness, assessing their conformance with precedent-setting legal cases, and submitting a report of findings (which may or may not include a recommendation to revise the regulations – either in whole or in part).

4.0 SCOPE OF SERVICES TO BE PROVIDED BY THE CONSULTANT

4.1 Provide the necessary professional services required to conduct a comprehensive review of the current Town of Bedford Land Development Regulations and issue a written report of findings to include the following:

1. Consultant's opinion regarding the physical layout and format of the document employing the standpoint of a citizen's ability to readily access and comprehend the information contained therein;
2. Consultant's opinion regarding the effectiveness, impact, and projected outcomes of the regulatory language contained therein;
3. Any changes – in whole or in part – to the document that the Consultant would recommend (whether related to the items above or for general legal conformance); and
4. If necessary under the provisions of subsection c above, a proposed course of action involving a timetable and estimated costs associated with the Consultant's recommended changes (such nonbinding information to be provided for internal consideration by the Town only).

4.2 Communicate details of all the data necessary to produce the report referenced in Section 4.1 to the Town Manager or his designee.

4.3 At a minimum, be available on a quarterly basis (to be determined in consultation with the Town Manager) to meet personally with Town personnel, Town Council, the Town of Bedford Planning Commission and/or the general public as directed by the Town Manager or his designee.

5.0 CONTRACT TERM

5.1 Any contract resulting from this process shall have an expiration date of ninety (90) days from the formal "Notice to Proceed" document related to the production of the report requested by the terms of this agreement. Renewal or extension of the contract may be authorized by the Town of Bedford Planning Commission subject to appropriation of funding and the Commission's determination of satisfactory progress.

5.2 The Town reserves the right to engage other sources if Consultant cannot complete individual tasks in a timely manner.

5.3 The Town, as a municipal corporation of the Commonwealth of Virginia, is obligated and bound by the terms of any agreement only to the extent that funds are lawfully appropriated therefore and are allocated and available to pay its obligations hereunder. In the event that, and/or at such time as, funds have not been appropriated or are not allocated and available to pay the Town's obligations under an agreement, then the Town shall not be liable for any obligation to pay for the services referred to in the agreement.

6.0 CONSULTANT'S RELATIONSHIP TO THE TOWN

6.1 Independent Contractor

It is expressly agreed and understood that the Consultant is in all respects an independent contractor as to work and is in no respect any agent, servant, or employee of the Town. The contract specifies the work to be done by the Consultant, but the method to be employed to accomplish the work shall be the responsibility of the Consultant.

6.2 Subcontracting

The Consultant may subcontract services to be performed hereunder with the prior approval of the Town, which approval shall not be unreasonably withheld. No such approval will be construed as making the Town a part of, or to, such subcontract, or subjecting the Town to liability of any kind to any subcontractor. No subcontract shall, under any circumstances, relieve the Consultant of its liability and obligation under this contract; and despite any such subcontracting the Town shall deal through the Consultant and subcontractors will be dealt with as representatives of the Consultant.

7.0 RESPONSIBILITIES OF THE TOWN

7.1 The Town designates Bart Warner, Town Manager and Zoning Administrator, as its representative with respect to the services to be rendered under this project. Such person shall have complete authority to transmit instructions, receive information, interpret and define Town's policies and decisions with respect to the Consultant's services for the project. Such person shall have the ability to delegate such authority to another officer of the Town in the event of absence or other circumstance related to the timely completion or continuance of work governed by this agreement.

7.2 Provide access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services governed by this agreement.

7.3 Give prompt written notice to the Consultant whenever the Town observes or otherwise becomes aware of any development that affects the scope or timing of the Consultant's services.

8.0 INDEMNIFCATION

The Consultant shall be solely responsible and liable for the accuracy and completeness of all work performed hereunder and hereby agrees to indemnify, defend, and hold harmless the Town, its officers, agents and employees, from and against any and all claims, demands, actions, suits an proceedings arising out of, based upon Consultant, its officers, agents, employees or subcontractors, in the performance of this Agreement. The approval or acceptance by the Town of any work performed by the Consultant, its officers, agents, employees or subcontractors, under this Agreement, or any part of such work, shall neither constitute nor be deemed a release from the responsibility or liability of the Consultant, its officers, agents, employees or subcontractors, for the accuracy, completeness, timeliness, and competency thereof, or negligence with respect thereto, nor shall such approval or acceptance constitute or be deemed an assumption by the Town of the responsibility and liability for the accuracy, completeness or competency of such work, or any negligence in the performance thereof.

9.0 EVALUATION CRITERIA

Each firm will be evaluated based on the following:

9.1 Overall qualifications of the firm, to include experience with the drafting, presentation, and implementation of land use regulations including zoning, subdivision, design, and sign regulations.

9.2 Prior experience of the firm in providing professional consulting services to local governments, developers, and the general public with regard to projects regulated by municipal zoning officials.

9.3 Qualifications and experience of key personnel to be assigned to the project.

9.4 Overall structure and quality of the proposal.

9.5 The ability of the firm to initiate and complete work on this project in a timely manner.

9.6 The firm's ability to provide its services within the project budget established by the Town.

9.7 The firm's familiarity with the Town of Bedford Comprehensive Plan.

10.0 AWARD PROCEDURES

10.1 The Town Manager shall review the proposals submitted in cooperation with a committee consisting of two members – one each to be appointed from within the ranks of the Town Council and the Town Planning Commission. This committee shall develop a system of ranking for all proposals and issue a report of its rankings to both the Town Council and the Town Planning Commission.

10.2 Negotiations shall be conducted beginning with the firm ranked first. If a contract satisfactory and advantageous to the Town can be negotiated at a price considered fair and reasonable, the award shall be made to that bidder subject to approval by Town Council. The successful bidder will receive a formal "Notice to Proceed" document from the Town Manager.

10.3 The Town reserves the right to reject any or all proposals submitted, and to waive any informality in the proposals. The right is also reserved to award the contract where it appears to be in the best interest of the Town of Bedford.

11.0 SUBMITTAL REQUIREMENTS

Proposals shall include the following information in the order detailed:

11.1 Letter of Transmittal
Limit two (2) pages. Make a positive commitment to perform the required work. Also, give the name(s) of the person(s) who will be authorized to make representation for your firm, their title, and telephone number.

11.2 Firm Experience
Indicate prior experience for your firm in performing work of this nature. Provide resume(s)for key personnel who would be assigned to this project.

11.3 Project Approach
Indicate your understanding as to the scope of work requested and describe your firm's approach and give specific illustrations of the procedures that will be employed.

11.4 Estimated Timeframe
The Town expects the report requested under the terms of this agreement within ninety (90) days of a formal "Notice to Proceed" document. Document your ability to complete the report within this timeframe as well as any benchmark dates within the process that you would deem relevant and/or meaningful.

11.5 Nonbinding Cost Estimate
Proposals shall include a nonbinding estimate of fees anticipated to perform the tasks as outlined in the RFQ. These costs are to be the proposer's best estimation of expected charges, but are subject to review and discussion in the negotiation process.