839115utilVab.pdf

CITY OF VIRGINIA BEACH

REQUEST OF PROPOSAL

City of Virginia Beach, Department of Public Utilities

Request for Proposal (RFP)

RFP No.

COVB-27-101703

For:

Condition Assessment Field Services

Refer ALL inquiries to:

City of Virginia Beach, Purchasing

Attention: Norman Melendez, nmelendez@vbgov.com mailto:fbarros@vbgov.com

REQUEST FOR PROPOSAL

FOR CONDITION ASSESMENT FIELD SERVICES

CITY OF VIRGINIA BEACH PURCHASING DIVISION 2401 COURTHOUSE

DRIVE, BUILDING 1, STE 3097 VIRGINIA BEACH, VA 23456

COVB-27-101703 Timeline

RFP Published

Pre-Proposal Meeting Date & Time

August 27, 2026 at 10:00 AM

Pre-Proposal Meeting Location

PURCHASING DIVISION 2401 COURTHOUSE

DRIVE, BUILDING 1

Last Day for Questions September 25, 2026 at 5:00PM

Proposal Due Date October 7, 2026 at 3:00 pm EST

NOTICE: THE CITY OF VIRGINIA BEACH DOES NOT DISCRIMINATE AGAINST FAITH-BASED

ORGANIZATIONS.

THE VIRGINIA BEACH CITY COUNCIL HAS ADOPTED THE FOLLOWING ASPIRATIONAL

GOALS IN CITY CONTRACTS:

12% GOAL FOR MINORITY-OWNED BUSINESS PARTICIPATION

13.3% GOAL FOR WOMAN-OWNED BUSINESS PARTICIPATION

11.9% GOAL FOR SERVICE-DISABLED/VETERAN-OWNED PARTICIPATION

Attention of Offerors is directed to Section 2.2-4367–2.2-4377 Virginia Public Procurement Act

(VPPA).

Norman Melendez City of Virginia Beach, Virginia Purchasing Division Procurement Specialist

August 14, 2026

I. PURPOSE

This document constitutes a request for sealed proposals from qualified sources to provide the City of Virginia Beach Department of Public Utilities with a non-professional annual service contract for condition assessment field services for its raw water, drinking water, and wastewater systems. The scope will include the collection, analysis, and documentation of the condition assessment data. The emphasis of the contract will focus on the water and wastewater transmission system, and it will be expanded to assess other infrastructure systems. The work will require the use of various technologies for the different systems and assets being evaluated.

II. BACKGROUND

The City of Virginia Beach (City) Department of Public Utilities (Public Utilities) provides water and sanitary sewer services to over 430,000 citizens within the City. Public Utilities plans, designs, builds, operates and maintains the raw water, drinking water, and sanitary sewer systems. The raw water system consists of 2 pump stations and approximately 85 miles of raw water transmission mains. The drinking water system is comprised of 8 pump stations, approximately 1,700 miles of water mains (305 miles of which is 12-inches or greater), 11 water storage tanks, and approximately 32,000 isolation valves. The overall average age of the entire water distribution system is 45 years.

Approximately 95% of the transmission system is ferrous (DI or CI) piping, and PCCP comprises approximately 4% of the transmission system. The sanitary sewer system is comprised of 414 sewer pump stations, more than 1,780 miles of gravity sewer lines (including publicly maintained laterals), approximately 30,000 sewer manholes and more than 190 miles of sewer force mains.

Public Utilities is increasing their condition assessment activities. Currently, Public Utilities regularly assess the condition of its water and wastewater system. Public Utilities currently collect condition assessment data on the water distribution and transmission systems in support of roadway improvement designs or high-risk assets. Public Utilities desire to increase the amount of the system being assessed; therefore, Public Utilities is implementing an annual service contract under which specific work orders will be issued for condition assessment.

III. SCOPE OF WORK

Public Utilities desires to have a team in place for a single point of contact to perform condition assessment along with system modifications needed for successful condition assessment deployment and execution. The system modifications include, but not limited to, exposing piping for external testing, the creation of launch and retrieval structures for the condition assessment technologies, obtaining pipe coupons, and installing appurtenances such as air vents or isolation valves. The team should include and identify construction service members that can develop and execute the necessary traffic control for the safe installation of the system modifications and perform system modifications for the execution of the condition assessment. The successful offeror will have to apply and obtain all permits needed for condition assessment, so the team’s history and knowledge of the local permitting process and successful history in gaining approval should be demonstrated.

The team should be led by a condition assessment technology “neutral” firm that has extensive knowledge and experience with condition assessment technologies, can recommend and sub-contract with most appropriate technology vendor. The lead firm should not have any commercial alignments or interest so that an unbiased recommendation and implementation can be executed.

The assets being assessed can include all infrastructure owned Public Utilities.

The team should show its approach and successful history of executing condition assessments, and its ability to prioritize and execute similar work with Public Utilities. The team should demonstrate its

REQUEST FOR PROPOSALS COVB-27-101703

CONDITION ASSESMENT FIELD SERVICES

knowledge, planning, execution, experience, and applicability of condition assessment technologies with particular emphasis on linear and vertical asset condition assessment technologies.

The team must demonstrate its abilities and experience in the analysis of the condition assessment results to incorporate into Public Utilities' asset management strategy. The results and analysis will include, but not limited to, the following tasks:

• Planning and prioritizing condition assessment and capital improvement projects

• Developing risk scores from collected condition data and recommendations of subsequent replacement and rehabilitation activities

IV. GENERAL TERMS AND CONDITIONS

A. Term of Agreement

This Agreement shall commence on , 2026 and continue thereafter until , 2026.

V. Escalation/De-Escalation

The City may consider price adjustments, after initial Agreement term, once in a 12-month period, based solely upon manufacturer price increases/decreases. Contractor shall provide to the City a written request for any such manufacturer increases/decreases. Such requests shall be addressed to the City and shall be accompanied by written verifications of said price increases issued by the manufacturer. A minimum thirty-(30)-day advance notice period is required for such requests.

Requests for price increases adjustments are subject to the review and approval of the City Purchasing Agent. Contractor shall apply and implement immediately upon notification from manufacturer any and all price decreases for items included under this Agreement. Any increase in cost shall not increase by a greater percentage than the percentage change in the Consumer Price Index of the U.S. City Consumer Price Index for Urban Consumers published by the United States Department of Labor during the previous twelve months or 5% whichever is lower.

C. Termination with Cause/Default/Cancellation In the event that Contractor shall for any reason or through any cause be in default of the terms of this Agreement, the City may give Contractor written notice of such default by certified mail/return receipt requested at the address set forth in association contract or in Vendor’s RFP response.

Unless otherwise provided, Contractor shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of Contractor to cure the default, the City may immediately cancel and terminate this Agreement as of the mailing date of the default notice.

Upon termination, Contractor shall withdraw its personnel and equipment, cease performance of any further work under the Agreement, and turn over to the City any work in process for which payment has been made.

In the event of violations of law, safety or health standards and regulations, this Agreement may be immediately cancelled and terminated by the City and provisions herein with respect to opportunity to cure default shall not be applicable.

D. Nondiscrimination Employment discrimination by Contractor shall be prohibited. During the performance of this Agreement, Contractor agrees as follows:

1. Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of Contractor. Contractor agrees to post in conspicuous places, available to employees and

Norman Melendez Line

Norman Melendez Line applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

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

E. Drug Free Workplace

During the performance of this Agreement, Contractor agrees as follows:

1. Contractor will provide a drug-free workplace for Contractor’s employees.

2. Contractor will 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 Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

3. Contractor will state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace.

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

F. Faith Based Organizations The City of Virginia Beach does not discriminate against Faith-Based Organization.

G. Compliance with Immigration Laws

Contractor does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986.

H. Business Entity Registration

Foreign and domestic businesses authorize transacting business in the Commonwealth. The Contractor shall be registered and authorized to transact business in the Commonwealth as a domestic or foreign business entity if so, required by Title 13.1 or Title 50 or as otherwise required by law. The Contractor shall submit proof of such registration to the City. Additionally, the Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so, required under Title 13.1 or Title 50, to be revoked or canceled at any time during the term of the contract.

I. Exclusivity

The City reserves the right to procure goods or services covered under this contract from a third party when, in the City’s sole discretion, it is deemed to be in the City’s best interest.

J. Compliance with All Laws

Contractors shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of scope of work set forth herein.

Contractor represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this Agreement prior to the initiation of work.

K. Venue Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach.

L. Agreement interpreted under laws of Virginia M. This Agreement shall be deemed to be a Virginia Agreement and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia.

N. Business License Requirement If the Contractor is a business, located in the City of Virginia Beach or at any time during the performance of this Agreement obtains situs for purposes of business license taxes, it shall be unlawful for such business to conduct or engage in such business, trade or occupation without having first obtained the proper license from the Commissioner of the Revenue of the City, and the Contractor covenants that it has a business license where one is required to perform this Agreement.

O. Independent Contractor The Contractor shall agree and covenant that it is and shall be at all times, an independent contractor, and as such, shall have and maintain complete control over all of its employees and operations. Neither the Contractor nor anyone employed by it shall be, represent, act, purport to act, or be deemed to be an agent, representative, employee or servant of the City. Nothing in this section shall be deemed to absolve or otherwise limit the Contractor’s liability and responsibility to safely and correctly perform its duties under this Agreement.

P. Representation Regarding City Employment; Conflict of Interest:

Contractor represents at the time of contracting and through the pendency of this Agreement that no one with an ownership interest in the Contractor or the Contractor’s corporate entity, if applicable, or other employee of the Contractor is also an employee of the City of Virginia Beach, specifically in the City Department initiating or overseeing this Agreement. Contractor further represents that no individual with an ownership interest in the Contractor or the Contractor’s corporate entity, if applicable, or other employee has a spouse, other relative or person who resides with the individual that is currently an employee of the City of Virginia Beach, specifically in the City Department initiating or overseeing this Agreement. Should the Contractor have reasonable belief of a possible conflict of interest, that issue should immediately be brought to the attention of the City’s Purchasing Division for review.

Q. Integration/Merger This Agreement and any appendices attached hereto constitute the entire agreement of the parties and supersedes all prior agreements, understandings and negotiations, whether written or oral, between the parties. This Agreement may not be modified, except in a writing signed by both parties that is expressly stated to be an amendment hereto.

R. Severability The provisions of this Agreement shall be deemed to be severable and should any one or more of such provisions be declared or adjudged to be invalid or unenforceable, the remaining provisions shall be unaffected thereby and shall remain in full force and effect.

S. Environmental Liability Any costs or expenses associated with environmentally related violations of the law, the creation or maintenance of a nuisance, or releases of hazardous substances, including, but not limited to, the costs of any clean-up activities, removals, remediations, responses, damages, fines, administrative or civil penalties or charges imposed on the City, whether because of actions or suits by any governmental or regulatory agency or by any private party, as a result of the storage, accumulation, or release of any hazardous substances, or any noncompliance with or failure to meet any federal, state or local standards, requirements, laws, statutes, regulations or the law of nuisance by Contractor (or by its agents, officers, employees, subcontractors, consultants, subconsultants, or any other persons, corporations or legal entities employed, utilized, or retained by Contractor) in the performance of this Agreement or related activities, shall be paid by Contractor. This paragraph shall survive the termination, cancellation or expiration of this Agreement.

T. Waiver No failure of the City to exercise any right or power given to it by law or by this Agreement, or to insist upon strict compliance by Contractor with any of the provisions of this contract, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the City’s right to demand strict compliance with the terms of this Agreement.

U. Interpretation Whenever the context hereof shall require, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.

V. Descriptive Headings The descriptive headings appearing in this Agreement are for convenience only and shall not be construed either as a part of the terms, covenants, and conditions hereof or as an interpretation of such terms, covenants, and conditions.

W. Non-appropriation It is understood and agreed between the Parties hereto that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this Agreement. In the event funds are not appropriated and budgeted in any fiscal year for payments due under this Agreement, the City shall immediately notify Contractor of such occurrence, and this Agreement shall terminate on the last day of the fiscal year for which appropriations were received without penalty or expense to the City of any kind whatsoever.

X. Assignment of Agreement The Contractor shall not, without the prior written consent of the City, assign, delegate, or otherwise transfer, in whole or in part, the Agreement or any of the Contractor’s rights or obligations arising hereunder. The City may, in its sole discretion, consent or decline to consent to any such assignment, delegation, or transfer, or may give its conditional consent thereto. In the event the City conditionally consents to such an assignment, delegation, or transfer, such consent may, without limitation, be conditional upon Contractor’s remaining fully and unconditionally liable to the City for any breach of the terms of this Agreement by Contractor’s transferee and for any damage or injury sustained by a third party or parties as a result of the intentional act or omission, negligence, or breach of warranty by Contractor’s transferee.

Y. Termination without Cause The City may at any time, and for any reason, terminate this Agreement by written notice to Contractor specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed. Notice shall be given to Contractor by certified mail/return receipt requested at the address set forth in this Agreement.

In the event of such termination, Contractor shall be paid such amount as shall compensate Contractor for the work satisfactorily completed, and accepted by the City, at the time of termination.

If the City terminates this Agreement without cause, Contractor shall withdraw its personnel and equipment, cease performance of any further work under this Agreement, and turn over to the City any work completed or in process for which payment has been made.

Z. Hold Harmless/Indemnification

It is understood and agreed that Contractor hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Contractor, its subcontractors, agents or employees under or in connection with this Agreement or the performance or failure to perform any work required by this Agreement. Contractor agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Agreement, and (c) the performance of the work by Contractor or those for whom Contractor is legally liable. Upon written demand by the City, Contractor shall assume and defend at Contractor's sole expense any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees or officials.

AA. Insurance Contractor agrees to secure and maintain in full force and effect at all times during the term of this Agreement, the following policies of insurance:

1. Workers' Compensation Insurance of not less than $500,000.

2. Comprehensive General Liability Insurance, including contractual liability and products and completed operations liability coverages, in an amount not less than one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall name the City of Virginia Beach as an additional insured.

3. Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than one million dollars ($1,000,000) combined single limits (CSL).

All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia, and acceptable to the City, and shall carry the provision, that the insurance will not be cancelled or materially modified without thirty days (30) prior written notice to the City. In certain cases, where coverage is unavailable through licensed carriers, certificates of insurance written by a Surplus Lines Carrier authorized by the Virginia State Corporation Commission to transact the business of insurance in Virginia and acceptable to the City of Virginia Beach may be approved. Contractor shall list the City of Virginia Beach as an additional insured, and furnish the City with certificate of insurance showing Contractor’s compliance with the foregoing requirements.

BB. Notice All notices and requests required or permitted hereunder shall be sent by United States certified mail, return receipt requested and to be effective, shall be postmarked not later than the final date for giving of such notice; or such notices may be sent by commercial messenger service, in which event, to be effective, such notices shall be delivered to a commercial messenger service not later than the final date for giving such notice.

Notices for the City of Virginia Beach shall be addressed as follows:

Procurement Specialist

Finance Department Bldg 1, Suite 3097, 2401 Courthouse Dr.

Virginia Beach, VA 23456 Notices for Contractor shall be addressed in accordance with address provided in signed contract, or address shown in the Contractor’s RFP submittal.

Such addresses may be changed at any time and from time to time by like written notice given by either party to the other.

CC. Offset/Setoff The City may withhold the payment of any claim or demand by any person, firm or corporation against the City until any delinquent indebtedness or other liability, including taxes, due to the City from such person, firm or corporation shall first have been settled and adjusted.

DD. Audits The City shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Contractor, including, but not limited to those kept by Contractor, its employees, agents, assigns, successors and subcontractors.

Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Agreement and for at least three years following the completion of this Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the City, through its employees, agents, representatives, contractors or other designees, during normal business hours at Contractor’s office or place of business in Virginia Beach, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach, Virginia, which is convenient for the City.

This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the City may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied.

EE. Cooperative Procurement This Agreement was awarded in accordance with Section 2.2-4304 of the Virginia Public Procurement Act (VPPA), and in accordance with the City of Virginia Beach’s Procurement Code. The procurement was conducted on behalf of the City and other public bodies.

Therefore, pursuant to Code Section 2.2-4304, other public bodies and agencies shall have the right to utilize the provisions of the contract. However, when other public bodies and agencies utilize the contract, Contractor must establish a separate contractual relationship between it and the other party. Under no circumstances shall the City of Virginia Beach be a party to or incur any obligations or responsibilities, contractual or otherwise, in association with these contractual agreements between the Contractor and another public body or agency.

FF. Submission and Disposition of Contractual Claims Prompt knowledge by the City of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the City and/or result in mitigation or elimination of the effects of the claim. Therefore, a written statement providing the City with notice of the Contractor’s intention to file a claim which (i) describes the act or omission by the City or its agents that the Contractor contends caused it damages or entitles it to other relief; and (ii) provides a description of the nature and amount of the claim. Such written statement shall be submitted to the City within 20 days of the time of the occurrence or beginning of the work upon which the claim is based; provided, however, if such damage is deemed certain in the opinion of the Contractor to result from its acting on an order from the City, it shall immediately take written exception to the order. For purposes of this provision, “claim” shall include, without limitation, any request for an increase in the contract price or time and any request for equitable adjustment. Submission of a notice of claim as specified shall be mandatory, and failure to submit such notice shall be a conclusive waiver to such claim for damages or other relief by the Contractor. Neither an oral notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein.

The City will review the claim and render a final decision in writing within thirty (30) days of receipt of Contractor’s written request for a final decision. Such decision shall be final and binding to the fullest extent allowed by law.

GG. Payments to Subcontractors In accordance with Title 2.2, Chapter 43, Article 4 of the Code of Virginia (Virginia Public Procurement Act), the Contractor shall make payment to all subcontractors, as defined in the Code, within seven (7) days after receipt of payment from the City; or, shall notify the City and the subcontractor in writing of the intention to withhold all or part of the amount due with the reason for nonpayment. In the event payment is not made as noted, the Contractor shall pay interest at the rate of one percent (1%) per month, unless otherwise provided in the contract, to the subcontractor on all amounts that remain unpaid after seven (7) days except for the amounts withheld as provided herein.

These same requirements shall be included in each subcontract and shall be applicable to each lower-tier subcontractor. The Contractor shall provide the City with its social security number or federal taxpayer identification number prior to any payment being made under this Agreement.

The Contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section may not be construed to be an obligation of the City. A contract modification may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.

Notwithstanding the preceding and in accordance with Virginia Code § 2.2-4354(1), the Contractor shall be liable for the entire amount owed to any subcontractor with which it contracts. The Contractor shall not be liable for amounts otherwise reducible due to the subcontractor’s noncompliance with the terms of the contract. In the event the Contractor withholds all or a part of the amount promised to the subcontractor under the contract, the contractor shall notify the subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment. Payment by the City to the Contractor shall not be a condition precedent to payment to any lower-tier subcontractor. Small Business Enhancement Program Compliance The Contractor shall provide the required information, including reporting, to comply with the City’s Small Business Enhancement Program. If there is a subcontracting plan, this plan shall be open to public inspection pursuant to the Virginia Freedom of Information Act. Prior to final payment, the Contractor shall submit the information, including reporting, required by the City Code.

HH. Compliance With the Virginia Human Rights Act The Virginia Human Rights Act, as amended, includes protections against discrimination based on an individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin.

During the performance of this Agreement, Contractor shall comply with the Virginia Human Rights Act, as amended.

II. Compliance With the American with Disabilities Act (ADA) Contractor shall ensure all web content including but not limited to: information and experiences available on the web like text, images, sound, videos, and documents; created and posted externally on behalf of or as an agent of the City of Virginia Beach shall meet web accessibility requirements of Title II of the Americans with Disabilities Act and specifically WCAG 2.1, Level AA.

Contractor shall ensure all content created and posted externally on a mobile application on behalf of or as an agent of the City of Virginia Beach shall meet web accessibility requirements of Title II of the Americans with Disabilities Act, specifically WCAG 2.1, Level AA or an equivalent facilitation.

V. SPECIAL TERMS AND CONDITIONS:

A. Payment Schedule

1. Payment for services rendered by the Offeror, shall be billed monthly for completed services in accordance with the Schedule of Prices

2. Payment on invoices shall be Net 30 days after receipt of invoice.

B. Modification

There may be no modification of any resulting Contract, except in writing, executed by the authorized representatives of the City and the Contractor.

C. Company Personnel Standards

1. Personnel shall be trained/qualified to perform the services requested. If any of the successful Offeror’s personnel are not satisfactory in the performance of services to be furnished hereunder in a proper manner and satisfactory to the City, the Offeror shall remove any such personnel and replace them with satisfactory personnel.

2. Offeror shall use all reasonable care, consistent with its rights to manage and control its operations, not to employ any persons or use any labor or have any equipment or permit any condition to exist which shall or may cause or be conducive to pose any liability to the general public as well as any activity to be construed as a nuisance. The City retains the right to request the successful Offeror to halt all work activities until such conditions are resolved.

D. Claims for Extra Compensation If Contractor encounters work and services not included in the resulting Contract or any supplement thereto but which in the opinion of Contractor is necessary for the successful completion of the Contract and requires extra compensation, Contractor shall, before it begins the work on which it bases its claim, promptly notify the City in writing of its intention to perform the work and to make claim for extra compensation. Notification by Contractor under the terms of this paragraph shall not be construed as proving the validity of the claim. No claim for extra compensation will be filed or considered unless notification is given as herein set forth.

Upon notification, the City shall promptly review any claim for extra compensation. If a claim is accepted by the City, it shall be paid as extra work in accordance with the terms of a supplemental agreement executed by the parties before such work begins.

The amounts claimed as extra compensation by Contractor shall be separately itemized, become a part of the claim, and serve as documentation thereto. The amounts itemized shall be in sufficient detail to enable the City to analyze the need for the extra work and the costs demanded for the work. Where appropriate add: Where Contractor intends to claim the costs (other than attorney’s fees) of preparing a claim for extra compensation, such costs incurred by Contractor in preparing a claim shall be maintained in a separate account, clearly coded and identified, and shall be subject to audit by the City

E. Ownership All intellectual property rights and other proprietary rights in any work resulting from the performance of services under any resulting Contract shall vest and be held in the name of the City.

F. Independent Contractor

The Contractor shall agree and covenant that it is and shall be at all times, an independent contractor, and as such, shall have and maintain complete control over all of its employees and operations. Neither the Contractor nor anyone employed by it shall be, represent, act, purport to act, or be deemed to be an agent, representative, employee or servant of the City. Nothing in this section shall be deemed to absolve or otherwise limit the Contractor’s liability and responsibility to safely and correctly perform its duties under this contract.

VI. SPECIAL INSTRUCTIONS TO THE OFFEROR:

A. Contract Administrator

Whenever used in the Request for Proposal and for purposes of any notices under this contract, Contract Administrator shall be as described below:

City of Virginia Beach Department of Public Utilities Steven J. Cook Asset Management Program Manager

(757) 385-8666 scook@vbgov.com

B. Pre-Proposal Conference

A pre-proposal conference will be held in the Purchasing Division’s conference room located at 2401 Courthouse Dr. Virginia Beach, VA 23456. The conference will be held at 10:00 AM on August, 27, 2026. The purpose of the conference is to clarify and answer any questions associated with the solicitation. Any changes determined necessary as a result of this conference or any other source which may affect the responses to the solicitation shall be formally addressed by the Issuing Office via addenda. Attendance of this conference is not mandatory, but encouraged.

VII. GENERAL SUBMITTAL TERMS AND CONDITIONS:

A. Definitions of Terms

The following definitions of terms are used herein:

1. The term “City” refers to the City of Virginia Beach.

2. The term “Offeror” refers to the person, firm, or company that provides a proposal in response to this Request For Proposal (RFP) and who may or may not be successful in achieving an opportunity to negotiate for the final award of a contract.

3. The term “Contractor” means the Offeror to which the contract will be awarded.

References to the Contractor in this RFP shall also apply in full to any subcontractor for the named Contractor.

B. Submittal of Proposals

1. The proposal and required copies shall be placed in a sealed envelope or package that shall be identified with the Request for Proposal’s item number, the Date and Time of closing, and the name and address of the Offeror.

2. An original and FIVE (5) copies of each proposal shall be submitted. In addition, the Offeror shall provide their proposal in electronic/digital read only format on DVD, CD or flash drive. The original proposal should be clearly marked “ORIGINAL” on its outside cover.

3. All proposals shall be received and time-stamped in the office location described below no later than 3:00 PM local time, October 7, 2026.

Proposals received after the specified date and time (time-stamped 3:01 p.m. or later) shall not be considered and shall be returned unopened to the Offeror.

4. Issuing Office:

City of Virginia Beach

Procurement Specialist Finance Department Bldg 1, Suite 3097, 2401 Courthouse Dr.

Virginia Beach, VA 23456

5. Proposals received by telephone, telegraph, facsimile or any other means of electronic transfer shall not be accepted.

6. The Offeror agrees that this proposal shall be good and may not be withdrawn for a period of one hundred twenty (120) calendar days after the scheduled closing time for the Request For Proposal.

C. Examination

Offeror shall carefully examine the contents of this Request for Proposal and any subsequent addenda.

D. Questions

1. Questions concerning this solicitation may be made by email. Questions should be addressed to the nmelendez@vbgov.com, no later than 5:00pm on September 25, 2026

2. Any material changes to the solicitation document will be addressed by issuance of a written addendum to all Offerors of Record that will become part of the proposal documentation.

3. Oral instructions do not form a part of the proposal documents.

4. The Offeror shall check with the Issuing Office within forty-eight (48) hours prior to proposal closing to secure any addenda affecting bidding.

DI. Conditions of Work Each Offeror shall inform himself/herself fully of the conditions relating to the project and the employment of labor therein. Failure to do so will not relieve a successful Offeror of his obligation to furnish all materials and labor necessary to carry out the provisions of this agreement.

F. Anticollusion/Nondiscrimination/Drug-Free Workplace Form The attached Anticollusion/Nondiscrimination/Drug-Free Workplace form incorporated herein (page 2) should be executed and returned with the proposal documents.

G. SWaM Certified-Small Business Participation Efforts.

1. It is the policy of the City of Virginia Beach to encourage the equitable participation of vendors in City Contracting. To encourage contracting with minority owned vendors, the City Council adopted a 12% minority contracting aspirational goal. To encourage contracting with woman-owned, minority-owned, service-disabled veteran-owned businesses, and small businesses, the City Council adopted the Small Business Enhancement Program, which was most recently updated April 22, 2014. See City Code §2-224.1, et seq.

2. For purposes of this subsection, the definitions used shall have the meanings provided by City Code § 2-224.1. Of particular importance, "SWAM-certified Small Business" means a business that has been certified by the Virginia Department of Small Business and Supplier Diversity. "Good Faith Participation Efforts" means the sum total of efforts by a particular bidder to provide for the equitable participation of SWAM-certified Small Business subcontractors in response to a City procurement.

3. Outreach. Bidders are strongly encouraged to ask for an outreach list on any bid. Such a list will provide the SWAM-certified Small Businesses in the relevant industry sectors located within mailto:nmelendez@vbgov.com

50 miles of the City. Additionally, if a pre-bid meeting is held, the staff of the SWaM Business Office will provide resources for locating SWAM-certified Small Businesses.

4. Required Submittals:

a. Annually, bidders are required to file a "Prime Contractor Workforce Composition Form." If this is not provided with the bid, Purchasing may waive this requirement as an informality and obtain such during the protest period.

b. As a matter of responsiveness, a bidder that intends to subcontract shall include a "Small Business Subcontracting Participation Plan" (the "Plan") on the form provided by the City. This form is: CVAB-E2. This form provides: the amount of the bid to be subcontracted, the amount of the subcontracting work that will be performed by SWAM-certified Small Businesses, the name (and SWAM certification#) of proposed SWAM subcontractors, the nature of the work to be performed by the SWAM subcontractors, and the estimated dollar amount to be paid to each SWAM subcontractor, including minority-owned vendors. If the bidder intends to self-perform all of the work, the bidder shall affirmatively state its intent to self-perform on the form. Also, to be included with the Plan is documentation providing the Good Faith Participation Efforts undertaken by the bidder. See sections 5 and 6 for the substantive requirements of the Plan and the Good Faith Participation Efforts.

5. Responsiveness Determination. As required by the Small Business Enhancement Program, bidders that subcontract work must either: (i) provide at least 50% of the value of the subcontracted work to be provided by one or more SWaM-certified small businesses; or (ii) provide documentation showing, with specificity, the Good Faith Participation Efforts undertaken by the bidder to meet the 50% SWAM subcontractor participation requirement. In fulfilling the 50% requirement, prime contractors are strongly encouraged to utilize minorityowned businesses as subcontractors.

6. Determination of Sufficiency of Good Faith Participation Efforts. When the Plan does not provide the required 50% SWAM subcontracting participation, the Purchasing Agent will render a decision as to whether the materials submitted with the bid indicate the bidder made Good Faith Participation Efforts. The following factors are relevant to such determination:

(1) what steps the bidder has taken to solicit and negotiate subcontracting bids from SWAM certified small businesses;

(2) whether the bidder utilized the City outreach list, if applicable;

(3) Whether the bidder debundled or right-sized project components to allow for meaningful small business participation;

(4) whether the bidder provided assistance in bonding insurance, equipment, supplies, or other assistance or services aimed at encouraging small business subcontracting;

(5) whether the bidder has taken other steps to identify and engage small businesses that would be willing and able to perform the subcontracted work; and

(6) whether the efforts undertaken by the bidder appear to be reasonably calculated to lead to the maximization of SWAM-certified Small Businesses.

7. Plan Update Period. In the 10 days after posting of notice of intent to award, the prospective contractor will be afforded the opportunity to update or validate the Plan submitted with its bid. As required by §2-244.3(f), the City will reject proffered updates to a Plan if the update or validation substantially decreases the utilization, either by dollar amount or percentage of subcontracted work, of SWAM-certified subcontractors. Should the prospective contractor not update or validate the Plan or has an update or validation that has been rejected by the City for the reasons previously stated, the Plan submitted with the bid becomes the Final Plan. The Final Plan shall become a part of the contract with the City.

8. Required Reporting, Penalties. The Contractor shall be required to provide the City with monthly updates as to payments made to subcontractors listed on the Plan. This form is: July 1, 2023 IB-7 CVAB-E. The City will review such updates and track the Contractor's progress toward fulfilling obligations to engage the subcontractors listed on the Final Plan. Prior to final payment, the Contractor shall submit a report detailing SWAM subcontractor usage. Pursuant to City Code §2-224.8, final payment may be withheld if the Contractor fails to submit the required documentation. A material misrepresentation in reporting may result in debarment. If the actual usage substantially deviates from the Final Plan, the Contractor shall provide an explanation for the deviation within 10 business days of a request by the City for such explanation. If the explanation lacks reasonable justification that rises to the level of dishonesty or in the event the contractor refuses to submit an explanation for the deviation, the contractor may be debarred from contracting with the City for a period of up to two years from the date of notification of such debarment.

H. Proprietary Information Offerors are advised that Section 2.2-4342 of the Code of Virginia, i.e., the Virginia Public Procurement Act, shall govern public inspection of all records submitted by the Offeror.

Specifically, if Offeror seeks to protect any proprietary data or materials, pursuant to Section 2.2-4342, Offeror shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is needed. Furthermore, the Offeror shall submit proprietary information under separate cover, and the City reserves the right to submit such information to the City Attorney for concurrence of the Offeror’s claim that it is in fact proprietary. References may be made within the body of the proposal to proprietary information; however, all information contained within the body of the proposal not labeled proprietary or otherwise not meeting all three of the requirements of Section 2.2-4342 shall be public information in accordance with State statutes.

I. Proposal Costs Prospective Offerors shall be responsible for all costs incurred in the development and submission of a proposal. The City assumes no contractual obligation as a result of the issuance of this RFP, the preparation or submission of a proposal by an Offeror, any cost associated with interviews and travel, or any other Offeror cost involved in a response.

J. Exceptions Proposals should be as responsive as possible to the provisions stated herein, however, an Offeror may take exceptions to the provisions without their proposal being disqualified. During the evaluation process, the City will consider whether the impacts of any such exceptions are positive or negative. The Offeror should clearly indicate when exceptions or deviations are being taken and state the reason why. Notwithstanding the above, proposals received late shall be rejected.

K. Award The award of a contract shall be the sole discretion of the City. The award shall be based upon the evaluation of all information as the City may request. The City reserves the right to accept or reject any or all proposals in whole or in part and to waive any informalities in the bidding.

Further, the City reserves the right to enter into any contract deemed to be in the best interest of the City.

L. Fraud, Waste and/or Abuse The City of Virginia Beach is committed to eliminating fraud and maintaining a highly ethical environment throughout our organization. The City’s Fraud, Waste and Abuse Prevention Program, coordinated by the Office of the City Auditor, consists of a Fraud Hotline, web site, awareness training and investigation services. While this program is designed to assist City employees, departments, agencies and programs in preventing and detecting incidents of fraud, waste and abuse in the City of Virginia Beach, it is also available to City contractors for this same purpose. This program focuses on dishonest acts by City employees or its contractors. Therefore, if you suspect any Fraud, Waste and/or Abuse regarding a City employee or contractor please call the Fraud Hotline at (757)468-3330.

O. Proposal Opening

At the time specified, the proposals received at the time shall be opened. Only the names of the Offerors submitting proposals shall be read aloud. No other information will be provided at that time.

P. Evaluation

The City may select two (2) or more Offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the factors listed below:

1. Offeror’s experience in providing the services requested.

2. Offeror’s capability and skill to perform the services.

3. Responsiveness of the written proposal to the purpose and scope of work.

4. Price. The total cost to provide the services described in the proposal.

The City intends to use a numerical scoring system in the evaluation, and such scoring will be as assigned above to each of the factors listed above: Firm’s Experience;

Team’s Capability and Skill; Services to be Provided; and Price;. There is a maximum of 100 possible points. A further description of these factors is set forth in Section VII.P (“Preparation Guidelines”).

Q. Presentation

The City shall request the “short-listed” Offerors to conduct presentations regarding the Offeror’s services to be provided.