24-01-81_Transportation Structures_RFP_POSTED.pdf

RFP# 24-01-81 1 Revised May 2020

CITY OF ROANOKE

REQUEST FOR PROPOSAL

Professional Services

FOR: ENGINEERING DIVISION

TITLE: TRANSPORTATION STRUCTURES INSPECTION PROGRAM (2024-2028)

RFP NUMBER 24-01-81

RFP ISSUE DATE: January 10, 2024

PROPOSAL DUE DATE: February 12, 2024

PROPOSAL DUE AT OR BEFORE 2:00 P.M.

The Request for Proposal and related documents may be obtained during normal business hours from the Purchasing Division located in the Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Room 202, Roanoke, VA 24011. This document may be viewed and/or downloaded from the City of Roanoke Purchasing Division’s Vendor Self Service website at https://vss.roanokeva.gov. If you have any problems accessing the documents, you may contact Purchasing at (540) 853-2871 or purchase@roanokeva.gov.

THIS PUBLIC BODY DOES NOT DISCRIMINATE

AGAINST FAITH-BASED ORGANIZATIONS

https://vss.roanokeva.gov/ mailto:purchase@roanokeva.gov

RFP# 24-01-81 3 Revised April 2015

TABLE OF CONTENTS

REQUEST FOR PROPOSAL NO. 24-01-81

TRANSPORTATION STRUCTURES INSPECTION PROGRAM (2024-2028)

INTRODUCTION

SECTION 1. PURPOSE

SECTION 2. BACKGROUND

SECTION 3. INSTRUCTIONS TO OFFERORS

SECTION 4. MISCELLANEOUS

SECTION 5. PROTESTS

SECTION 6. SERVICES/ITEMS REQUIRED

SECTION 7. EVALUATION CRITERIA

SECTION 8. SELECTION PROCESS

SECTION 9. NOT USED

SECTION 10. INFORMATION ON CONTRACT TO BE AWARDED

ATTACHMENT A SIGNATURE PAGE

ATTACHMENT B SAMPLE CONTRACT

file://SERVER1/GENERAL1/SUPPLY/Simone's%20Bids-RFPS/AppData/Local/Local%20Settings/Local%20Settings/Local%20Settings/Local%20Settings/Temp/Temp/Bids/.FORM%20FOR%20RFP%20OTHER%20THAN%20PROFESSIONAL%20SERVICE.doc#_Toc48529177#_Toc48529177

RFP# 24-01-81 4 Revised May 2020

CITY OF ROANOKE, VIRGINIA

REQUEST FOR PROPOSAL

FOR

TRANSPORTATION STRUCTURE INSPECTION PROGRAM (2024-2028)

RFP NO. 24-01-81

INTRODUCTION

The City of Roanoke, Virginia, is seeking competitive proposals from qualified Offerors to provide inspection services for transportation structures in accordance with all terms, conditions and specifications as set out in this Request for Proposal (RFP).

The schedule associated with this RFP is as follows:

Description Date Time Place

RFP Issued January 10, City of Roanoke Purchasing Division

Deadline for Questions, Clarification and/ or Interpretations

January 31, 2:00 P.M.

Stanley.wells@roanokeva.gov

Proposal(s) Due February 12, 2:00 P.M. Purchase@roanokeva.gov

Offeror’s Program Manager must be a registered professional engineer or have at least a 10 years bridge inspection experience and successful completed FHWA approved comprehensive training course. Offeror’s proposed Team Leader must meet qualification requirements specified in the latest Bridge Inspector’s Reference Manual with reference to AASHTO Manual as define by the National Bridge Inspection Standards regulation.

Proposals, to be considered and evaluated, must be received, by the proposal due date and time, and in the location listed above. Proposals received after time indicated in above schedule will not be accepted or considered. The time of receipt shall be determined by the Purchasing official who is to open the proposals. Faxed or e-mailed proposals are not acceptable.

Delivery Alert: Offerors must submit their proposal via email to purchase@roanokeva.gov by the established due date and time. Emails received after the due date and time will not be considered. The email must include the RFP number and title in the subject line with Company name. The email submission must include two (2) digital copies of the proposal with RFP Number, Title, and name of Company on each one named ‘original’, and one named ‘redacted’. The redacted version should be void of all confidential and proprietary material. All other references to delivery methods in this solicitation are not valid.

If the Noel C. Taylor Municipal Building is closed for business on the deadline date and time scheduled for the proposal, the sealed proposal will be accepted on the next business day of the City, at the originally scheduled hour.

mailto:Stanley.wells@roanokeva.gov mailto:Purchase@roanokeva.gov mailto:purchase@roanokeva.gov

RFP# 24-01-81 5 Revised May 2020

The City of Roanoke, Virginia reserves the right to cancel this RFP and/or reject any or all proposals, to waive informalities in any proposal, to award any whole or part of a proposal, and to award to the Offeror whose proposal is, at the sole discretion of the City of Roanoke, determined to be in the best interest of the City.

The City of Roanoke, Virginia, and its officers, employees or agents will not be responsible for the opening of a proposal envelope or package prior to the scheduled opening if that envelope or package is not appropriately sealed and marked as specified.

Project evaluation and award will be accomplished in accordance with this RFP and Sections 23.2-1, et seq., of the Code of the City of Roanoke, Virginia, including the price or value of the benefits offered the City in the proposal. If an award of a contract is made, notification of such award will be posted on the City’s Vendor Self Service System at https://vss.roanokeva.gov.

Unless the proposal is withdrawn, the Offeror agrees that any prices or terms for such proposal shall remain valid for sixty (60) days after opening. Notices of proposal withdrawal must be submitted in writing to the Purchasing Manager.

This RFP consists of this Introduction, ten (10) numbered sections, and the attachments hereto.

If you download this RFP from the City website and intend to submit a proposal, you should notify Purchasing that you have done so. However, each Offeror is solely responsible for ensuring that such Offeror has the current, complete version of the RFP documents, including any addenda, before submitting a proposal. The City is not responsible for any RFP obtained from any source other than the City. Contact the buyer at (540) 853-1574 or by email at stanley.wells@roanokeva.gov.

Respectfully, Stanley Wells Senior Buyer

Date: _______________ mailto:stanley.wells@roanokeva.gov

RFP# 24-01-81 6 Revised May 2020

City of Roanoke, Virginia Request for Proposal No. 24-01-81

Transportation Structures Inspection Program (2024-2028)

SECTION 1. PURPOSE.

The purpose of this Request for Proposal (RFP) is the procurement of Professional Engineering Transportation Structures Inspection Services to inspect and report on approximately 125 bridges and culverts, and 9 overhead signs on a rotating schedule.

The City of Roanoke invites any qualified Offeror to respond to this RFP by submitting a proposal for “Transportation Structures Inspection Program” consistent with the terms and conditions herein set forth. Final scope of services will be negotiated with the successful Offeror(s).

SECTION 2. BACKGROUND.

The City of Roanoke has approximately 125 bridges and culverts, and 9 overhead signs, that require periodic professional engineering inspections and reporting in accordance with all applicable federal, state and City guidelines to determine the current structural and safety status of such items and if repairs or replacement is required for any such items. In order to accomplish such inspections and reporting and to have the benefit of different firms conducting such duties, the City reserves the right to select more than one firm to perform those duties and to alternate duties among such firms during any renewal terms of any resultant contract, which is to be an annual contract starting July 1, 2024, and renewable for up to an additional four years.

SECTION 3. INSTRUCTIONS TO OFFERORS.

A. Proposals must be submitted, in the prescribed format, in accordance with the instructions and requirements contained in this RFP, including the Introduction.

Failure to do so may result in the proposal being rejected. An Offeror must promptly notify the Purchasing Division of any ambiguity, inconsistency, or error which may be discovered upon examination of the RFP.

B. Until such time that an award is published, direct contact with any City employee without the expressed permission of the Purchasing Manager or her designated representative, on the subject of this proposal, is strictly forbidden. Violation of this Instruction may result in disqualification of Offeror’s proposal.

C. Prospective Offerors, sometimes referred to as providers, operators, contractors, consultants, or vendors, are to address the criteria above and below at a minimum as part of their submitted proposal. Each proposal should include a transmittal letter and management overview of the proposal. Proposals are to include and may be evaluated on the following factors, together with such other factors as will protect and preserve the interests of the City of Roanoke, which may also be considered.

RFP# 24-01-81 7 Revised May 2020

1. Organizational structure of firm and qualifications of management personnel.

Prospective Offerors should submit at a minimum;

a) Length of time in the business,

b) Corporate experience,

c) Strengths in the industry,

d) Business philosophy, and

e) Describe the organizational structure of the firm;

f) Describe the organizational structure for the management and operation of the services requested and/or provision of the items referred to in this RFP, including an organizational chart denoting all positions and the number of personnel in each position.

2. Financial condition of the firm and ability to perform all obligations of any resultant contract.

The sufficiency of the financial resources and the ability of the Offeror to comply with the duties and responsibilities described in this RFP. Each Offeror shall provide a current annual financial report and the previous year’s report and a statement regarding any recent or foreseeable mergers or acquisitions.

Financial information may be marked as “confidential” in accordance with the requirements set out in Section 4(A) of this RFP.

3. Experience in providing the services and/or items requested by this RFP.

Offeror’s Program Manager must be a registered professional engineer or have at least a 10 years bridge inspection experience and successful completed FHWA approved comprehensive training course. Offeror’s proposed Team Leader must meet qualification requirements specified in the latest Bridge Inspector’s Reference Manual with reference to AASHTO Manual as define by the National Bridge Inspection Standards regulation.

4. The ability, capacity, and skill of the Offeror to provide the services and/or items described in this RFP and in a prompt and timely manner without delay or interference.

5. The character, integrity, reputation, judgment, experience, efficiency and effectiveness of the Offeror.

6. The quality and timeliness of performance of previous contracts or services of the nature described in this RFP.

7. Compliance by the Offeror with laws and ordinances regarding prior contracts, purchases, or services.

D. Each Offeror should provide the names, addresses, and telephone numbers of at least three (3) references in connection with supplying the services or items requested in

RFP# 24-01-81 8 Revised May 2020 this RFP, especially from other local government operations similar to those being requested in this RFP by the City. Each reference should include organizational name, official address, and contact person, title of contract, number of years in use, and phone number.

E. Also include any other materials you may want to submit as part of your proposal response.

F. Offeror shall disclose any ancillary agreements The City may be required to sign as a result of any Contract with Successful Offeror.

G. The City may request additional information, clarification, or presentations from any of the Offerors after review of the proposals received.

H. The City has the right to use any or all ideas presented in reply to this RFP, subject only to the limitations regarding proprietary/confidential data of Offeror.

I. The City is not liable for any costs incurred by any Offeror in connection with this RFP or any response by any Offeror to this RFP. The expenses incurred by Offeror in the preparation, submission, and presentation of the proposal are the sole responsibility of the Offeror and may not be charged to the City.

J. Each Offeror who is a stock or Nonstock Corporation, Limited Liability Company, business trust, or a limited partnership or other business entity shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if required by law. Each such Offeror shall include in its proposal response the Identification Number issued to it by the Virginia State Corporation Commission (SCC) and should list its business entity name as it is listed with the SCC. Any Offeror that is not required to be authorized to transact business in the Commonwealth as a domestic or foreign business entity as required by law shall include in its proposal response a statement describing why the Offeror is not required to be so authorized.

(See Va. Code Section 2.2-4311.2).

SECTION 4. MISCELLANEOUS.

A. Ownership of Material - Ownership of all data, materials, and documentation originated and prepared for the City pursuant to the RFP shall belong exclusively to the City and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Freedom of Information Act, unless otherwise required by law or a court. However, the Offeror must invoke the protection of Section 2.2-4342(F) 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 reason 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

RFP# 24-01-81 9 Revised May 2020 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 may result in REJECTION of the proposal.

B. As this is a RFP, no information regarding the proposal records or the contents of responses will be released except in accordance with Section 2.2-4342 of the Code of Virginia. Once an award has been made, all proposals will be open to public inspection subject to the provisions set forth above.

C. Any interpretation, correction, or change of the RFP will be made by an addendum.

Interpretations, corrections or changes of this RFP made in any other manner will not be binding and Offerors must not rely upon such interpretations, corrections, or changes. The City Purchasing Division or its designee will issue Addenda. Addenda will be posted on Vendor Self Service (VSS) at https://VSS.roanokeva.gov. However, each Offeror is solely responsible for ensuring that such Offeror has the current, complete version of the RFP documents, including any addenda, before submitting a proposal. The City is not responsible for any RFP obtained from any source other than the City.

D. No Offeror shall confer on any public employee having official responsibility for a purchasing transaction any payment, loan, subscription, advance, deposit or money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

E. The City may make investigations to determine the ability of the Offeror to perform or supply the services and/or items as described in this RFP. The City reserves the right to reject any proposal if the Offeror fails to satisfy the City that it is qualified to carry out the obligations of the proposed contract.

F. The Successful Offeror must comply with the nondiscrimination provisions of Virginia Code Section 2.2-4311, which are incorporated herein by reference.

G. The Successful Offeror must comply with the drug-free workplace provisions of Virginia Code Section 2.2-4312, which are incorporated herein by reference.

H. It is the policy of the City of Roanoke to maximize participation by minority and women owned business enterprises in all aspects of City contracting opportunities.

I. The Successful Offeror shall comply with all applicable City, State, and Federal laws, codes, provisions, and regulations. The Successful Offeror shall not during the performance of any resultant contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

J. Providers of any outside services shall be subject to the same conditions and requirements as the successful Offeror in regards to law, code, or regulation

RFP# 24-01-81 10 Revised May 2020 compliance. The City reserves the right of approval for any subcontract work, including costs thereof.

K. Ethics in Public Contracting. The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377, of the Virginia Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this RFP.

L. Conflict of Interests Act. The provisions, requirements, and prohibitions as contained in Sections 2.2-3100, et seq., of the Virginia Code are applicable to this RFP.

M. The procurement provisions of the Code of the City of Roanoke (1979), as amended, Sections 23.2-1, et seq., as well as the City Procurement Manual, apply to this RFP, unless specifically modified herein. The City’s Procurement Manual can be reviewed at the Purchasing office.

N. Insurance Requirements.

Awarded Offeror, and any of its subcontractors, shall, at its sole expense, obtain and maintain during the life of the resulting Contract the insurance policies and/or bonds required. Any required insurance policies and/or bonds shall be effective prior to the beginning of any work or other performance by awarded Offeror, or any of its subcontractors, under any resultant Contract. The policies and coverages required are those as may be referred to in the sample contract and/or the terms and conditions attached to this RFP. All such insurance shall be primary and noncontributory to any insurance or self-insurance the City may have.

SECTION 5. PROTESTS.

Any Offeror who wishes to protest or object to any award made or other decisions pursuant to this RFP may do so only in accordance with the provisions of Sections 2.2-4357, 4358, 4359, 4360, 4363, and 4364 of the Code of Virginia, and only if such is provided for in such Code section. Any such protest or objection must be in writing signed by a representative of the entity making the protest or objection and contain the information required by the applicable Code Sections set forth above. Such writing must be delivered to the City Manager within the required time period.

SECTION 6. SERVICES AND/OR ITEMS REQUIRED.

The following are the services and/or items that the successful Offeror will be required to provide to the City and should be addressed in each Offeror’s proposal.

A description and/or listing of the services and/or items that the successful Offeror will be required to provide to the City under this RFP are those that are set forth below and/or referred to in any way in the sample contract, any terms and conditions, and/or any attachments to this RFP.

Each Offeror should carefully read and review all such items and should address such items in its proposal. However, the final description of the services and/or items to be

RFP# 24-01-81 11 Revised May 2020 provided to the City under this RFP is subject to negotiations with the successful Offeror, and final approval by the City.

The City of Roanoke has approximately 125 bridges and culverts, and 9 overhead signs, that require periodic professional engineering inspections and reporting in accordance with all applicable federal, state and City guidelines to determine the current structural and safety status of such items and if repairs or replacement is required for any such items. In order to accomplish such inspections and reporting and to have the benefit of different firms conducting such duties, the City reserves the right to select more than one firm to perform those duties and to alternate duties among such firms during any renewal terms of any resultant contract, which is to be an annual contract starting July 1, 2024, and renewable for up to an additional four years. The City will designate the items to be inspected and reported upon on a yearly basis and reserves the right to adjust or change the items assigned to the successful offeror(s). If more than one firm is selected, the number of items assigned to particular successful offeror(s) will vary from year-to-year, but will be done so as to avoid having a firm inspect and report on the same structures during consecutive inspection periods, realizing that each item has a varying inspection period of from several months to several years. There will be no guaranteed minimum number of items for inspection and reporting assigned to a particular firm, and no items may be assigned, and the City reserves the right to assign the structures for inspection as the City deems in the best interest of the City.

In addition, the City may request or require the Offeror to provide other related engineering services including detailed scour analysis, bat assessment, expert witness assistance, hydraulic analysis, load ratings, priority schedules, construction cost estimates, additional inspections using “snooper” type or bucket truck access vehicles, non-destructive testing, repair details, and repair specifications on an as-needed basis. Such services will be performed by the Offeror upon written authorization by the City, upon negotiation of scope of services, schedule, and fee.

SECTION 7. EVALUATION CRITERIA.

Offerors will be evaluated for selection on the basis of those most qualified to meet the requirements of this RFP. The City of Roanoke will use a weighted scoring system when evaluating selection criteria. Major criteria to be considered in the evaluation may include, but shall not necessarily be limited to the items referred to above and those set forth below:

A. Experience: The background, education and experience of the Offeror in providing similar services or items elsewhere, including the level of experience in working with municipalities and the quality of services performed or items supplied. 40 points

B. Compliance: The Offeror's responsiveness and compliance with the RFP requirements and conditions. Determination that the selected Offeror has no contractual relationships which would result in a conflict of interest with the City’s contract. Offeror’s willingness to accept the City’s sample contract. (If Applicable) 20 points

RFP# 24-01-81 12 Revised May 2020

C. Approach and Methodology to Meet Need: The Offeror’s ability, capacity, and skill to fully and satisfactorily provide the services and/or items required in this RFP.

The quality of Offeror’s performance in comparable and/or similar projects.

Whether the Offeror can provide the services and/or deliver the items in a prompt and timely manner. 40 points

SECTION 8. SELECTION PROCESS.

A. Pursuant to Section 2.2-4302.2 (A)(4) of the Code of Virginia, selection of the Offeror will be as follows:

1. The City Manager, or City Manager’s designee, shall engage in individual discussions with two or more Offerors, if there be that many deemed fully qualified, responsible and suitable on the basis of initial responses with emphasis on professional competence to provide the required services.

Repetitive informal interviews shall be permissible. Such Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed projects as well as alternative concepts.

These discussions may encompass nonbinding estimates of total project costs including, where appropriate, design, construction, life cycle cost, nonbinding estimates of price for services, and other matters. Methods to be utilized in arriving at a price for services may also be discussed. Properly designated proprietary information from competing Offerors shall not be disclosed to the public or competitors, except as may be required by law.

2. At the conclusion of discussions, outlined in the paragraph above, on the basis of evaluation factors published in the RFP and all information developed in the selection process to this point, the two (2) or more Offerors whose professional qualifications and proposed services are deemed most meritorious shall be ranked in order of preference.

3. Negotiations shall then be conducted, beginning with the Offeror ranked first. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror.

Otherwise, negotiations with the Offeror ranked first shall be formally terminated and negotiations conducted with the Offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price.

Should the City 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.

B. All proposals submitted in response to this RFP will be reviewed by the Purchasing

Division or its designee for responsiveness prior to referral to a selection committee or person. A committee consisting of City personnel and/or others and/or an

RFP# 24-01-81 13 Revised May 2020 appropriate individual will then evaluate all responsive proposals, conduct the negotiations, and make recommendations to the City Manager, or the City Manager’s designee, as appropriate. The award of a contract, if made, will be made to the Offeror whose proposal best furthers the interest of the City, as determined by the City Manager, or the City Manager’s designee. The City reserves the right to reject any and all proposals, to waive any informality or irregularity in the proposals received, and to make the award to the Offeror whose proposal is deemed to be in the best interest of the City.

C. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the selection committee or person. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. Oral presentations are strictly at the option of the City and may or may not be conducted.

SECTION 9. NOT USED

SECTION 10. INFORMATION ON CONTRACT TO BE AWARDED.

The Sample Contract marked as Attachment B to RFP No. 24-01-81 contains terms and conditions that the City plans to include in any contract that may be awarded, but such terms and conditions may be changed, added to, deleted, or modified as may be agreed to between the City and the Offeror during negotiations.

END

RFP# 24-01-81 14 Revised May 2020

ATTACHMENT A

TO

RFP 24-01-81

SIGNATURE PAGE

RFP No. 24-01-81 Commodity Code: 92513, 91366, 96145, 96847, Title: TRANSPORTATION STRUCTURES INSPECTION PROGRAM (2024-2028)

Issued By: City of Roanoke Purchasing Division Stanley Wells, Senior Buyer Noel C. Taylor Municipal Building 215 Church Ave., SW, Room 202 Roanoke, VA 24011-1517 Phone: (540) 853-1574 Email: stanley.wells@roanokeva.gov

This section must be completed by the Offeror and this Attachment A must be submitted with the proposal.

In compliance with this request for proposal and subject to all terms and conditions imposed herein, which are hereby incorporated herein by reference, the undersigned offers and agrees to furnish the services and/or items requested in this solicitation if the undersigned is selected as the Successful Offeror.

Organization Type (Check one)

Corporation

Partnership

Sole Proprietor (individually owned)

Other (Describe)

Conflict of Interest

_____ Offeror, owner, officer, employees, agents and immediate family members are not now, or have not been in the past year, an employee of the City of Roanoke or has not responsibility or authority with the City that might affect the procurement transaction or any claim resulting therefrom.

Or State below the complete name and phone number or email address of each person and their connection to the City of Roanoke. Each Offeror is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Virginia Code apply to this RFP, as set forth in Section 4 (L).

Name Email and or Phone # mailto:stanley.wells@roanokeva.gov

RFP# 24-01-81 15 Revised May 2020

Convictions and Debarment

Each Offeror is to state whether or not any of Offeror’s owners, officers, employees, or agents, or their immediate family members, is currently, or has been in the past year, an employee of the City of Roanoke or has any responsibility or authority with the City that might affect the procurement transaction or any claim resulting therefrom. If so, please state the complete name and address of each such person and their connection to the City of Roanoke. Each Offeror is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Virginia Code apply to this RFP, as set forth in Section 4.

If you answer yes to any of the following, state on a separate attachment to firms proposal the person or entity against whom the conviction or debarment was entered, give the location and date of the conviction or debarment, describe the project involved, and explain the circumstances relating to the conviction or debarment, including the names, addresses and phone numbers of persons who might be contacted for additional information.

1. In the last ten years, has your organization or any officer, director, partner, owner, project manager, procurement manager or chief financial officer of your organization:

a. ever been found guilty on charges relating to conflicts of interest?

Yes ___ No ___

2. a. Is your organization or any officer, director, partner or owner currently debarred or enjoined from doing federal, state or local government work for any reason?

b. Has your organization or any officer, director, partner or owner ever been debarred or enjoined from doing federal, state or local government work for any reason?

Compliance

Has your organization, within the last five (5) years been terminated on a contract for cause?

Yes ____ NO______

If you answered yes to the above, on a separate attachment to firm proposal, give the date or termination order, or payment, describe the project involved, and explain the circumstances relating to termination. Include the name, email address and phone numbers of person who might be contacted for additional information.

Confidential & Proprietary Information

Identify the page number and section of any information in your proposal that has been identified as confidential, proprietary or a trade secret (see Section 4(A) of the RFP.

Page No.

Section of Proposal

Description of Confidential/Proprietary Information

RFP# 24-01-81 16 Revised May 2020

Acknowledge each addendum received (if applicable)

Addendum Number Issue Date

Legal Name and Address of Firm (according to your registration with the SCC): REQUIRED _________________________________________Date:___________________________________

_________________________________________By:_____________________________________ (Signature in Ink) _________________________________________Name:__________________________________ (Please Print) __________________________ Zip: ___________Title:____________________________________

Phone: __________________________________FAX:____________________________________

Email: _____________________________ Business License# ________________________

Virginia State Corporation Commission Identification Number:___________________________

RFP# 24-01-81 17 Revised May 2020

ATTACHMENT B

TO

RFP 24-01-81

SAMPLE CONTRACT

This Contract, made at Roanoke, Virginia, on , 20 , by and between the City of Roanoke, Virginia (hereinafter referred to as the “City” or “Owner”), and

(hereinafter referred to as "Consultant").

W I T N E S S E T H:

NOW THEREFORE, for and in consideration of the benefits which will accrue to the parties hereto by virtue of this Contract and the Respective Covenants contained herein, IT IS MUTUALLY

COVENANTED AND AGREED AS FOLLOWS:

SECTION 1. PROJECT.

The City of Roanoke has approximately 125 bridges and culverts, and 9 overhead signs, that require periodic professional engineering inspections and reporting in accordance with all applicable federal, state and City guidelines to determine the current structural and safety status of such items and if repairs or replacement is required for any such items. Engineering services required under this Contract and Contract period will be for proper inspections and reports to the City on transportation structures listed in Exhibit A referred to below, and related work.

SECTION 2. CONTRACT DOCUMENTS.

The Consultant hereby covenants and agrees with the City to fully perform the services, provide any materials called for to complete the Work called for by this Contract in a good workmanlike manner in accordance with this Contract and the documents referred to herein in order to fully and properly complete this Contract and the documents referred to herein in order to fully and properly complete this Contract within the time stipulated, time being made of the essence for this Contract. It is also agreed by the parties hereto that the documents to this Contract consist of this Contract and the following documents listed below (Contract Documents), all of which are and constitute a part of this Contract as if attached hereto or set out in full herein, viz:

SECTION 3. CONSULTANT SERVICES.

Consultant shall provide the following professional services together with the preparation of Project plans, design drawings and specifications for the orderly development of the Project:

A. SCOPE OF SERVICES.

The Consultant shall commence, carry on, and complete the Project with all dispatch in a sound, economical, and efficient manner, in accordance with the provisions hereof and all applicable laws. In accomplishing the Project, the Consultant shall take reasonable professional efforts to ensure that the work involved is properly coordinated with any related

RFP# 24-01-81 18 Revised May 2020 work being carried on by the City or by other City employees, consultants, representatives, or attorneys.

1. A detailed Scope of Services for the Project is attached hereto as Exhibit A and made a part thereof.

2. The City may, from time to time, require changes in the scope of services. Such changes, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this Contract. Any changes requiring any increase in the Contract sum shall be subject to the verification of funding by the City’s finance department and approval by the City.

B. PROJECT SCHEDULE.

1. The Owner and the Consultant agree that time is of the essence and that delays in the design or construction may significantly impact the feasibility and/or cost of the Project.

2. The Project schedule beginning on or after July 1, 2024 is included in Exhibit A.

C. CONTRACT TERM

1. The term of this Contract shall be for one year, from ___________, through ______________, at which time it will terminate unless sooner terminated pursuant to the terms of the Contract or by law or unless extended as set forth herein at the option of the City.

2. By mutual agreement of the parties, the contract may be renewed for up to four additional one year periods or any combination thereof. If either party wants to renew the Contract that party shall give a written request to renew to the other party at least 60 days before the expiration of the original term or any renewal term of the Contract.

The party receiving such request shall either accept or reject in writing such request within 30 days of receipt of that request, provided, however, if the party receiving the request to renew fails to respond within 30 days, the request to renew shall be deemed to be rejected, unless the parties mutually agree otherwise.

3. All term and conditions shall remain in force for the term of this Contract and for any renewal period unless modified by mutual agreement of both parties. Prices shall not be increased during the initial term of this Contract.

D. PROJECT DELIVERABLES.

The Consultant agrees to deliver to the Owner in a timely and proper manner the following:

1. One (1) paper copy of all inspection reports and supporting documentation as described in the Scope of Services.

2. One (1) electronic copy of all inspection reports and supporting documentation as described in the Scope of Services.

RFP# 24-01-81 19 Revised May 2020

E. PERSONNEL.

1. The Consultant hereby designates assignments for this Project as follows:

• Principal in Charge:

• Senior Bridge Engineer:

• Bridge Inspection Engineer:

• Bridge Engineer:

2. Where circumstances require substitution for any of the above listed personnel assignments, the Consultant shall so advise the Owner in writing. The substitute shall be of the same or greater level of expertise and experience as the personnel being replaced. The Owner reserves the right to accept or reject any initial or substituted Project personnel. The Consultant’s Project Manager shall not be reassigned or replaced during the term of the Contract without the express written approval of the Owner.

SECTION 4. CONSULTANT FEES.

The Consultant and Owner agree as follows:

A. All work under this Contract shall be on a lump sum basis. The lump sum fee shall be determined on the basis of man-hours and associated hourly rates for all work required by the Project Description. The Consultant agrees that the lump sum fee is full and complete compensation for the completed Project design, contract documents, and all costs incurred and services rendered by the Consultant, without condition or limitation.

B. A task list showing Project tasks by individual structure and associated man-hours for each structure is attached and made a part hereof as Exhibit B.

C. Hourly rates for all personnel associated with the Project are included in Attachment B. These rates shall remain in effect for the Contract term. Escalation of rates is not permitted.

D. The lump sum fee for the Project will be paid, subject to approval by the Owner of the

Consultant’s services, in accordance with the following Project phases:

Bridge Safety Inspections $________________

Load Rating Analysis

Total Lum Sum Fee (For the Initial Year)

E. Work shall not begin on any phase of the Project without express written authorization from the Owner. The Owner and the Consultant agree that the Owner has the right to terminate or stop, in whole or in part, with or without cause, the Consultant’s services at any time and the Owner may cancel this Contract at any time with or without cause and without incurring any liability, damages, or cost to the Consultant, except as set forth in Section 7E.

RFP# 24-01-81 20 Revised May 2020

SECTION 5. PAYMENT FOR CONSULTANT SERVICES.

The Owner and Consultant agree that the Owner will only pay the Consultant a portion of the total lump sum fee set forth above for each project phase completed and accepted by the Owner. The Consultant shall submit a request for payment not more than once each month. The payment requested shall be in proportion to the services completed by Project phase and approved by the Owner. The Owner shall have the final decision with respect to the proportion of the Project completed. A written progress report detailing work completed, identified problems, and remaining work shall accompany each request for payment.

SECTION 6. SPECIAL CONDITIONS.

A. It is agreed by the Parties hereto that one (1) reproducible copy each of the drawings, tracings, construction plans, specifications, maps, and other documents (including electronic data) prepared or obtained under the terms of the Contract shall be delivered to and become the property of the Owner and basic survey notes and sketches, charts, computations, and other data shall be made available, upon request, to the Owner without restriction or limitation on their use at no additional cost to the Owner.

B. It is agreed by the Parties hereto that the Consultant shall proceed to furnish professional services on any phase of the Project under the terms provided in this Contract only after a Notice to Proceed with the next phase has been given to the Consultant in writing by the Owner.

C. Each party binds itself, its principals, successors, executors, administrators, and assigns to perform all covenants and provisions of this Contract. Except as above noted, neither the Owner nor the Consultant shall assign or transfer its interest in this Contract without the written consent of the other Party hereto, which consent shall not be unreasonably withheld.

D. The term of this Contract will be completed upon final approval and acceptance of the completed Project by Owner and any participating agencies. However, nothing contained herein shall be construed to establish a period of limitation with respect to any obligation which the Consultant might have under the Contract or the law of Virginia, including liability for errors and omissions.

E. The Consultant agrees to conduct all the services in compliance with all applicable requirements imposed by or pursuant to Title VI of the Civil Rights Act of 1964, Part 21 of the Regulations of the Secretary of Transportation and Executive Order No. 11246, "Equal Employment Opportunity" as supplemented in Department of Labor Regulations (41 CFR, Part 60); and agrees to comply with all applicable standards, orders, or regulations issued pursuant of the Clean Air Act of 1970; and will maintain an Affirmative Action Program, if required by applicable law.

F. Owner advises Consultant that failure of Consultant to carry out the requirements set forth in 45 Federal Register 21186, Section 23.43 (a) (1980) dealing with minority business enterprise, where appropriate, shall constitute a breach of contract and may result in termination of this Contract or such remedy as Owner deems appropriate.

G. Consultant agrees that the work and services (which shall include, but not be limited to, all plans, drawings, and specifications) Consultant provides for the Owner pursuant to this Contract will comply with all applicable federal, state, and local laws, codes, and regulations

RFP# 24-01-81 21 Revised May 2020 that are in effect as of the date of the Contract. Furthermore, Consultant shall, in a timely manner, inform in writing the Owner, during the term of the Contract and until completion of the Consultant’s services, about changes or modifications of all such laws, codes, or regulations that may affect or require modification or changes to any part of the Project so that Owner will be able to determine if changes or modifications should be made to the Project before completion. Consultant further agrees that Consultant does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

H. The Consultant agrees that the Owner, and any approving Federal or State Agency or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Consultant which are pertinent to this Project for the purpose of making an audit, examinations, excerpts, or transcriptions.

I. The Consultant shall, at its sole expense, obtain and maintain during the life of this Contract the insurance policies and bonds required by this Section. Any required insurance policies and bonds shall be effective prior to the beginning of any work or other performance by the Consultant under this Contract. All such insurance shall be primary and noncontributory to any insurance or self-insurance the City may have. The following polices and coverages are required:

1. Commercial General Liability. Commercial General Liability insurance shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Consultant's performance under this Contract. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence.

2. Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in this Contract.

3. Workers' Compensation. Workers' Compensation insurance covering Consultant's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Contract. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit);

and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Consultant's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives.

4. Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Contract.

5. Professional Liability. Minimum limits of insurance coverage for Professional Liability shall be $1,000,000.

6. Umbrella Coverage. The insurance coverages and amounts set forth in subsections

(1), (2), (3), and (4) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of

RFP# 24-01-81 22 Revised May 2020 endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (1), (2), (3), and (4), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by the Consultant to the City.

7. Evidence of Insurance. All insurance, with the exception of Professional Liability

Insurance, shall be written on an occurrence basis. Professional Liability Insurance may be written on a claims-made basis. In addition, the following requirements shall be met:

a) Consultant shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies.

Certificates of insurance shall include any insurance deductibles.

b) The Consultant shall notify the City in writing within five (5) calendar days if any of the insurance coverages or policies are cancelled or materially altered and Consultant shall immediately replace such policies and provide documentation of such to the City.

c) The required insurance policies and coverages, excluding those for Workers

Compensation and Professional Liability, shall name the City of Roanoke, its officers, agents, volunteers and employees as additional insureds, and the certificate of insurance shall show if the policies provide such coverage. Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. Additional insured and waiver endorsements shall be received by Roanoke Risk Management from the insurer within 30 days of the beginning of this contract. The City’s Risk Manager may approve other documentation of such insurance coverages.

d) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Contract shall be authorized to do business in the Commonwealth of Virginia.

J. The Consultant agrees to and shall indemnify and hold harmless Owner and its officers, agents, volunteers, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, cost, and expenses, including reasonable attorney's fees, resulting from or arising out of Consultant's or agent’s, subcontractor’s and/or subconsultant’s negligent activities or omissions on or near any of the Owner's property or easements involved in this Project or arising out of or resulting from Consultant's negligence in providing any of the services under this Contract, including, without limitation, fines and penalties, violations of federal, state, or local laws, or regulations promulgated thereunder, or any personal injury, wrongful death, or property damage claims of any type.

K. While on Owner's property and in its performance of this Contract, Consultant or it’s agents, subcontractor’s and/or subconsultant’s shall not transport, dispose of, or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Contract and Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous materials, substances, or waste. Regardless of Owner's acquiescence, Consultant agrees to and shall indemnify and hold Owner, its officers, agents, volunteers, and employees harmless from all costs, damages, RFP# 24-01-81 23 Revised May 2020 liabilities, fines, or penalties, including attorney's fees, resulting from violation of this paragraph and agrees to reimburse Owner for all costs and expenses incurred by Owner in eliminating or remedying such violations.