840183barrVienna.pdf

REQUEST FOR PROPOSAL

RFP 27-03

HALLOWEEN PARADE - CROWD CONTROL BARRICADES

Town of Vienna

127 Center Street S

Vienna, VA 22180

RELEASE DATE: August 26, 2026

DEADLINE FOR QUESTIONS: September 9, 2026

RESPONSE DEADLINE: September 17, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/viennava https://procurement.opengov.com/portal/viennava

Town of Vienna

REQUEST FOR PROPOSAL

Halloween Parade - Crowd Control Barricades

I. Posting Notice II. Introduction

III. Overview IV. Scope of Work V. Proposal Evaluation

VI. Evaluation Scoring VII. Contract Award

VIII. Contract Term IX. Information for Offerors X. Special Terms and Conditions

XI. Town of Vienna General Terms & Conditions XII. Vendor Questionnaire

Attachments:

A - Halloween Parade Route Barricades - Design

Request For Proposal #RFP 27-03 Title: Halloween Parade - Crowd Control Barricades

1. Posting Notice

1.1. Posting Notice

All times listed in this RFP are Eastern Standard Time.

Solicitations are advertised on the Commonwealth of Virginia's eVA Procurement Portal only, where they may be downloaded and viewed in their entirety.

The Town also utilizes OpenGov Procurement for notification, distribution and upload of solicitation documents (bids/proposals).

Proposals shall be submitted electronically via the Town of Vienna's eProcurement Portal (OpenGov

Procurement). We do not accept hard copy paper responses which may be listed on other websites.

Current solicitations can be viewed and downloaded here:

https://procurement.opengov.com/portal/viennava

Sign up for FREE to become a registered vendor with the Town of Vienna and receive notifications of upcoming opportunities! To register your business as a vendor with the Town of Vienna, look for the green button that says “Subscribe” NOTE: if you subscribe to the Town of Vienna as a vendor, be sure to select your "category/commodity" codes for the type of product or services that you provide. If you don't designate a purchasing category, you will be notified about EVERY open bid/proposal opportunity the Town has that may not be related to the type of product or services that you provide.

The Town of Vienna reserves the right to reject any and all proposals or to accept the proposal(s) which, in its judgment, will be for its best interest.

NO PROPOSAL MAY BE WITHDRAWN FOR A PERIOD OF NINETY (90) DAYS SUBSEQUENT TO THE DATE OF

THE PROPOSAL OPENING.

Any proposal may be withdrawn PRIOR to the scheduled time for proposal opening or authorized postponement thereof.

2. Introduction

2.1. Summary

The installation of temporary metal crowd control barricades placed along the length of the Halloween

Parade route on both sides of Maple Avenue from Center Street to Branch Avenue and a portion of

Center Street to ensure the safety of the parade participants and attendees.

2.2. Background

Located in Northern Virginia and approximately 14 miles from Washington D.C., the Town of Vienna is an incorporated town within Fairfax County—adjacent to Tysons Corner (Northeast), Oakton and Fairfax

City (Southwest), Merrifield/Mosaic District (Southeast) and Reston (Northwest). The Town is 4.4 square miles and home to approximately 17,088 residents.

Vienna is primarily a residential community with at least 71 percent of the land developed for residential purposes, excluding rights-of-way. The Town has approximately 3.5 million square feet of commercial and industrial space—60 percent is used for professional office space, 30 percent of the space is used for retail, and the remaining 10 percent is used for industrial purposes. Vienna is also home to a diverse business base serving independent retailers and even the nation’s largest credit union, Navy Federal

Credit Union.

2.3. Contact Information

Jerry Amacker

Procurement Officer

127 Center Street South

Vienna, VA 22180

Email: jerry.amacker@viennava.gov

Phone: (703) 255-6359

Department:

Parks & Recreation

Department Head:

Leslie Herman

Director

2.4. Timeline

Release Project Date August 26, 2026

Question Submission Deadline September 9, 2026, 2:00pm

Proposal Submission Deadline September 17, 2026, 2:00pm mailto:jerry.amacker@viennava.gov tel:(703)255-6359

3. Overview

3.1. Purpose

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiation for the installation of temporary metal crowd control barricades placed along the length of the Halloween Parade on both sides of Maple Avenue from Center Street to Branch

Avenue and a portion of Center Street to ensure the safety of the parade participants and attendees.

3.2. Qualification Requirements

The Town of Vienna will consider, in determining the qualifications of an offeror, its record in performance of any contracts for the services into which it may have entered with the Town, municipal governments in the Commonwealth of Virginia or with other public bodies or corporations; and, the

Town of Vienna expressly reserves the right to reject the proposal of such offeror, if such record discloses that said offeror, in the opinion of the Town, has not properly performed such contracts or has habitually and without just cause neglected the payment of bills, or has otherwise disregarded their obligations to subcontractors, suppliers or employees.

The Town of Vienna will make an investigation as to the ability of the offeror to perform the work. The

Town of Vienna reserves the right to reject any proposal, if the evidence submitted by, or investigation of offeror, fails to satisfy the Town that such offeror is properly qualified by experience and financial status to carry out the obligations of the contract and to complete the work contemplated therein.

Conditional proposals will not be accepted.

3.3. Proposal Preparation and Submission Requirements

1. General Requirements

RFP Response: To be considered for selection, Offerors must submit a complete response to the RFP. All proposals shall be sent electronically through the Town's eProcurement Portal. Proposals shall not be hand delivered to Town Hall or other Town locations.

Proposal Preparation

A. An authorized representative of the Offeror shall sign the proposal. All information requested should be submitted. Failure to submit all information requested may result in the Procurement Division requiring prompt submission of missing information and/or giving lowered evaluation of the proposal.

Proposals which are substantially incomplete or lacking key information may be rejected by the purchasing agency. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

B. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

C. The proposal should be contained in a single PDF where practical. All documents submitted with the proposal should be contained in that single PDF.

D. Ownership of all data, materials and documentation originated and prepared for the Town of Vienna pursuant to the RFP will belong exclusively to the Owner and be subject to public inspection in accordance with the Virginia Freedom of Information Act (FOIA). Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia FOIA;

however, the Offeror must invoke the protections of Section 2.2-4342(D) of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. As noted on the form, Offerors must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The Town of Vienna reserves the right to ask for additional clarification prior to establishing protection.

2. Specific Submittal Requirements

Proposals should be as thorough and detailed as possible so that the Evaluation Committee may properly evaluate the Offeror's capabilities to provide the required services. Proposals are limited to fifty (50) pages. Offerors are required to submit the following as a complete proposal:

A. Offeror’s Proposal and required attachments. Note addenda (if any) must be acknowledged via the

Town's eProcurement Portal.

B. RFP cover page.

C. Letter of interest outlining your background, areas of expertise, interest in this project, and a brief list of clients.

D. Firm/Team information: Name, address, phone number, email for primary contact, number of professional staff members and list of their specialties of who will be assigned to work on the project, including years of experience in their respective fields. If more than one firm is part of the team, please show experience working with other team members/firms.

E. Availability: A brief statement as to the availability of the key personnel responsible for the project and where the various aspects of work would be performed.

F. Timeframe: Statement of anticipated time frame to complete each task as outlined in the Scope of

Work. Provide report of prior experience in delivering services within the prescribed time frame.

G. Statement of Qualifications: Provide a summary of the firm’s overall background, capabilities, experiences, and qualifications. Cite national experience as well as experience working in Virginia and with similarly sized jurisdictions.

H. Understanding of the Project: Provide an overview of the consulting firm’s understanding and approach that will be utilized for this project, including critical issues that will need to be addressed in order to successfully complete this project.

I. Examples of Work: Provide complete or partial examples of work similar in nature to this project.

3.4. Oral Presentation

After the initial review of proposals, offerors that are short listed will be required to give an oral presentation of their proposal to the Evaluation Committee. This will provide an opportunity for the offeror to clarify or elaborate on the proposal but will in no way change the original proposal. The

Procurement Officer will schedule the date, time, and location of these presentations. Proposals should be complete.

4. Scope of Work

4.1. Description of Services

Place metal crowd control barricades along both sides of Maple Avenue from Center Street to Branch

Road and a portion of Center Street on Wednesday, October 28, 2026. See attached map.

a. The parade begins at 7pm and ends at approximately 9pm.

b. Barricades must be designed and installed to prevent a child from passing through or climbing under them.

c. Barricades must be securely connected to one another, either by locking mechanisms or zip ties.

d. Barricades are to be positioned 6 feet from the curb into the inside traffic lane.

e. There is approximately 6,190 linear feet of road to place barricades. See attached map with measurements.

f. Traffic intersections will receive partial fencing

• Center St. & Maple Avenue

• Park Street & Maple Avenue

• Glyndon St. & Maple Avenue

• Branch Avenue & Maple Avenue

g. At designated driveways and intersections (indicated with a yellow star on the attached site plan), access must remain open to traffic until 6:15 p.m. At that time, barricades must be placed by the contractor to restrict entry onto Maple Avenue.

1. 101 Maple Avenue E (old library construction site)

2. 133 Maple Ave E. - Bear Branch Tavern

3. 175 Maple Ave E. - Lily Chocolate & Coffee (two driveways)

4. 116 Maple Ave E. – Vienna Inn

5. W&OD Trail – both sides of Maple Avenue

6. 212 Maple Ave. E. - Wells Fargo

7. 213 Maple Ave. E. - Chipotle

8. 224 Maple Ave. E. – Trek Bicycle Vienna

9. 225 Maple Ave. E. - Petco

10. 234 Maple Ave E. – Sushi Oishi

11. 246 Maple Ave E. – Capital One Bank

12. 315 Maple Ave. E. – Chase Bank

13. 320 Maple Ave E. - Vienna Vitner

14. 328 Maple Ave E. – Mathnasium/Fed Ex. (2 driveways)

15. 332 Maple Ave E. – Burke & Herbert Bank (2 driveways)

16. 344 Maple Ave E. – Anma Vegetarian Kitchen

17. 352 Maple Ave E. – Wiygul Automotive Clinic

18. 362 Maple Ave E. – Starbucks

19. 374 Maple Ave E. – United Bank

4.2. Timeframe

1. Installation:

a. The Town will allow single road closure on Maple Avenue closest to the curb beginning at

2pm. (Should 4-hour installation not be sufficient, please provide the amount of hours needed for installation)

b. Barricades shall be installed along the innermost traffic lane, approximately six feet from the curb.

c. All barricades must be in place no later than 6:00 p.m.

2. Closure of driveways: From 6:15 – 6:45pm, contractor is responsible for closing off the open driveways with the barricades.

3. Removal: Barricades must be removed immediately following the conclusion of the parade. Police will provide the go ahead that it is safe to remove the barricades. Provide the number of hours needed for removal.

4.3. Lane Closures

The Town of Vienna will provide the lane closures during both installation and removal of barricades.

5. Proposal Evaluation

An Evaluation Committee will evaluate the proposals using the following criteria.

5.1. Phase 1 - Evaluations

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications & Experience

Demonstrated experience in providing crowd control barricades for events of similar size and scope, particularly in Virginia or similar jurisdictions. Include references, past project details, and examples of work with municipalities or large public gatherings.

0-5 Points 20 (20% of Total)

2. Understanding of the Project & Approach

Quality and clarity of the proposed approach, including understanding of critical issues (e.g., safety, traffic flow, public access) and methods for meeting the Scope of Work.

0-5 Points 20 (20% of Total)

3. Staffing & Availability

Qualifications and availability of key personnel assigned to the project, and adequacy of staffing levels to meet deadlines.

0-5 Points 10 (10% of Total)

4. Timeframe & Logistics

Ability to meet the required installation, driveway closure, and removal timelines.

Inclusion of detailed schedule and contingency plans for delays or emergencies.

0-5 Points 15 (15% of Total)

5. Technical Compliance & Equipment

Quality, safety compliance, and suitability of barricades, including durability, child safety features, and secure connection methods.

Ability to provide necessary lane closures and traffic control.

0-5 Points 15 (15% of Total)

6. Cost Proposal

Overall cost competitiveness and clarity of pricing, including breakdowns for installation, removal, and additional services.

0-5 Points 20 (20% of Total)

5.2. Phase 2 - Presentations

No. Evaluation Criteria Scoring Method Weight (Points)

1. Preparedness

Was the firm prepared for their presentation?

0-5 Points 25 (25% of Total)

2. Presentation

Was the presentation clear, informative, and thorough?

0-5 Points 50 (50% of Total)

3. Questions

Did they answer questions satisfactory?

0-5 Points 25 (25% of Total)

6. Evaluation Scoring

6.1. Defined

An Evaluation Committee will evaluate proposals using the following criteria.

First Impression Score - 5-point scale:

0 = The proposal fails to address the criterion or cannot be assessed due to missing or incomplete information.

1 = Poor. The criterion is inadequately addressed, or there are serious inherent weaknesses.

2 = Fair. The proposal broadly addresses the criterion, but there are significant weaknesses.

3 = Good. The proposal addresses the criterion well, but a number of shortcomings are present.

4 = Very Good. The proposal addresses the criterion very well, but a small number of shortcomings are present.

5 = Excellent. The proposal successfully addresses all relevant aspects of the criterion. Any shortcomings are minor.

Numbers:

Maximum Score for any Criteria is 5.0.

Scores are entered in whole or half numbers.

Determine weighted score by multiplying Weight time Score.

Maximum Total Weighted Score is 500.

7. Contract Award

7.1. Award of Contract

The Town of Vienna Evaluation Committee shall engage in individual discussions with two (2) or more of the Offerors deemed fully qualified by the Evaluation Committee. Repetitive informal interviews shall be permissible. Such Offerors shall be encouraged to elaborate on their qualifications and performance data or staff qualifications pertinent to the proposed project, as well as alternate concepts.

Proprietary information from competing Offerors shall not be disclosed to the public or to the competitors.

At the conclusion of the informal interviews, based on evaluation factors published in the Request for

Proposals and all information developed in the selection process to this point, the Evaluation Committee shall select, in the order of preference, two or more Offerors whose professional qualifications and proposed services are deemed more meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the Town of Vienna can be negotiated at a price considered fair and reasonable, the Town Council shall be advised and make the award 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 Evaluation Committee determine in writing that only one (1) offeror is fully qualified, or that one (1) offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror.

The award will be made to the responsible Offeror whose proposal, conforming to the solicitation, is the most advantageous and represents the best value to the Town of Vienna, costs and other factors considered.

The Town, as a municipal corporation of the Commonwealth of Virginia, is obligated and bound by the terms of this Agreement only to the extent that funds are lawfully appropriated therefore and are allocated and available to pay its obligations hereunder. In the event that and at such time as funds have not been appropriated or are not allocated and available to pay the Town’s obligations under this

Agreement, then the Town shall not be liable for any obligation to pay for the services referred to in this

Agreement.

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

8. Contract Term

The resulting contract will cover a period of one (1) year from the date of award to June 30, 2025. At the sole discretion of the Town of Vienna, and upon mutual written agreement with the Contractor, this contract can be renewed for an additional four (4) years, in one (1) year increments, at the expiration of its terms by mutual written agreement of the Contractor and the Town of Vienna. Should the contract be renewed, the prices for the renewal contract shall be no greater than the percentage change of the

CPI-U for the Washington-Arlington-Alexandria, DC-VA-MD-WV area, as listed for the most recent twelve (12) month period on the U.S. Department of Labor's Bureau of Labor Statistics website:

http://www.bls.gov/eag/eag.dc_washington_md.htm#eag_dc_washington_md.f.4

The contractor may request a price adjustment no more frequently than once per year. The renewal of the contract shall depend on the Contractor’s performance and the ability to follow instructions of this solicitation.

9. Information for Offerors

9.1. Submission of Proposals and Proposal Opening

Proposals shall be submitted electronically via the Town's eProcurement Portal.

KEEP A COPY OF THE RFP FOR YOUR FILES AND DO NOT SUBMIT IT WITH THE PROPOSAL PACKAGE. By submitting the Proposal, the offeror acknowledges they have read this solicitation, understand it, and agree to be bound by its terms and conditions. Proposals shall not be submitted by mail or delivered in person.

The Offeror shall assume full responsibility for the timely upload of their proposal package to the

OpenGov website. Proposals will not be accepted in person at Vienna’s Town Hall or any other department.

9.2. Proposal Documents

Proposal Documents include the following: Offeror’s proposal, addendums, and any attachments. All requirements and obligations of the Proposal Documents are hereby incorporated by reference into the

Contract Documents and are binding on the Successful Offeror upon Award of the Contract.

9.3. Offerors Referred to Laws

The provisions of this Contract shall be interpreted in accordance with the laws of the Commonwealth of

Virginia and in accordance with the laws, ordinances, regulations, permits and resolutions of the Town of Vienna. When there is conflict between state or local contract language and federal rules, the federal-aid or most conservative rule prevail.

Offeror certifies that it does not and will not during the performance of this contract violate (i) the provisions of the Federal Immigration Reform and Control Act of 1986, as amended, and § 40.1-11.1, Code of Virginia, which prohibits the employment of illegal aliens, and (ii) the provisions of Federal and

State employment and wage hour laws. The contractor shall include and enforce the language in the last sentence in every subcontract issued under this contract and shall require the subcontractor to do the same.

9.4. Right to Reject Proposals

The Town expressly reserves the right to reject any or all proposals, to waive any informalities or irregularities in the proposals received, and to accept that proposal which in its judgment, best serves the interest of the Town.

9.5. Protest of Award or Decision to Award

Any offeror may protest the award or decision to award a contract by submitting a protest in writing to the Procurement Officer or his designee, or other official designated by the Town of Vienna, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first; provided, however, that no protest shall lie for a claim that the selected offeror is not a responsible offeror. The written protest shall include the basis for the protest and the relief sought. The

Procurement Officer shall issue a decision within ten (10) days of receipt of the protest stating the reasons for the action taken. This decision shall be final unless the offeror institutes legal court action in the Town of Vienna within ten (10) days of receipt of the written decision.

If, prior to award, it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Procurement Officer or his designee, shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be declared void by

The Town. Where the award has been made and performance has begun, the Procurement Officer or their designee may declare the contract void upon a finding that this action is in the best interest of the

Town. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance at a rate specified in the contract up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

Pending final determination of a protest, the validity of a contract awarded and accepted in good faith in accordance with this article shall not be affected by the fact that a protest or appeal has been filed.

An award need not be delayed for the period allowing an offeror to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is written determination that proceeding without delay is necessary to protect the public interest or unless the proposal or offer would expire.

9.6. Subcontracting

If one or more subcontractors are required, the Contractor is encouraged to utilize small, minority-owned, and women-owned business enterprises. Upon contract award, the prime contractor agrees to make maximum effort to provide the names addresses of each subcontractor, that subcontractor’s status as defined by the Town of Vienna as a small, minority-owned, and/or woman-owned business, and the type and dollar value of the subcontracted goods/services provided.

9.7. Expenses Incurred in Preparing Proposal

The Town accepts no responsibility for any expense incurred by the offeror in the preparation and presentation of a proposal and such expenses are to be borne exclusively by the offeror.

9.8. Nonappropriation

All funds for payments by the Town under this Contract are subject to the availability of an annual appropriation for this purpose by the Town Council. In the event of non-appropriation of funds by the

Town Council for the goods or services provided under this Contract or substitutes for such goods or services, which are as advanced or more advanced in their technology, the Town will terminate the

Contract without termination charge or other liability to the Town on the last day of the then current fiscal year or when the appropriation made for the then current year for the services covered by this

Contract is spent, whichever event occurs first. If funds are not appropriated at any time for the continuation of this Contract, cancellation will be accepted by the Contractor on thirty (30) days prior written notice. However, failure to give such notice shall be of no effect and the Town shall not be obligated under this Contract beyond the date of termination.

9.9. Contract Modifications

The Town may, upon mutual agreement with the contractor, issue written modifications to the scope of work with this contract, and within the general scope thereof, accept that no modifications can be made which will result in an increase of the original price by a cumulative amount of more than $50,000.00 or

25%, whichever is greater, without the advance written approval of the Mayor and Council. (Section 2.2-

4309 of Virginia Public Procurement Act).

Should it be necessary in the best interest of the Town to make modifications, the same shall be covered by change order. The Contractor shall not begin work on any alteration requiring a change order until the written agreement, setting forth the changes/modifications, has been executed by the Town and the

Contractor.

If a satisfactory agreement cannot be mutually agreed to for any item requiring a change order, the

Town reserves the right to terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the work.

The Town may, in writing, omit from the work any item other than major items found unnecessary to the project and such omission shall not be a waiver of any conditions of the Contract nor invalidate any of the provisions thereof. Major items may be omitted by change order.

The Contractor shall be paid for all work done toward the completion of the item prior to such cancellation, alteration, or suspension of work by the Town.

A major item shall be construed to be any item, the total cost of which is equal or greater than ten percent (10%) of the total. The contract amount for each separate alternate shall be computed based on the proposed quantity and the contract unit price.

9.10. Hold Harmless Clause

Proposals shall provide for the Contractor holding harmless the Town of Vienna and representatives thereof from all suits, actions, or claims of any kind brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding contact work, or on account of any act or omission by the Contractor or its employees, or from any claim or amounts arising or recovered under any law, bylaw, ordinance, regulation, or decree.

10. Special Terms and Conditions

Precedence of Terms: If there is a conflict between the General Terms and Conditions and any Special

Terms and Conditions used in this section, the Special Terms and Conditions shall apply.

10.1. Mandatory Use of Town Forms and Terms and Conditions

Failure to submit a proposal accompanied by a signed and dated Cover Sheet shall be cause for rejection of the proposal. Modification of or additions to any portion of the solicitation may be cause for rejection of the proposal; however, the Town of Vienna reserves the right to decide, on a case-by-case basis, in its sole discretion, whether or not such a proposal should be considered as non-responsive.

Offerors are reminded that changes to the RFP, in the form of addenda, are often issued between the issue date and within three business (3) days before the closing of the RFP. Offerors are solely responsible for checking the Town website to ensure that they have the most current information regarding the RFP.

All addenda must be acknowledged via the Town's eProcurement Portal.

10.2. Ownership of Material

Ownership of all data, materials and documentation originated and prepared for the Town of Vienna pursuant to the RFP shall belong exclusively to the Town and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets and proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of

Information Act; however, the offeror must invoke the protections of this section prior to or upon submission of the data or other materials and must identify the data or other materials to be protected and state the reasons why protection is necessary.

10.3. Default

In case of failure to deliver services in accordance with the contract terms and conditions, the Town of

Vienna, after due oral or written notice, may procure them from other sources and hold the consultant/vendor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Town of Vienna may have.

10.4. Obligation of Offeror

By submitting a proposal, the offeror covenants and agrees that they have satisfied themself, from their own investigation of the conditions to be met, that they fully understand their obligation and that they will not make any claim for or have right to cancellation or relief from the contract because of any misunderstanding or lack of information.

10.5. Withdrawal/Modification of Proposal

Proposals may be withdrawn or modified by written notice received from Offerors prior to the time fixed for proposal receipt.

10.6. Receipt and Opening of Proposals

In the case of proposals received in response to a Request for Proposals, public openings are not required; however, if a public opening is held, only the names of the Offerors are read aloud.

10.7. Qualifications of Offerors

The Town of Vienna may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to the Town of

Vienna all such information and data for this purpose as may be requested. The Town of Vienna reserves the right to inspect the Offeror’s physical facilities prior to award to satisfy questions regarding the

Offeror’s capabilities. The Town of Vienna further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the Town that such offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

10.8. Debarment Status

By submitting their proposals, all Offerors certify that they are not currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently debarred from submitting proposals on contracts by any agency of the

Commonwealth of Virginia.

10.9. Cancellation of Contract

The Town of Vienna reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty upon ten (10) days written notice to the consultant. Any contract cancellation notice shall not relieve the consultant of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

10.10. Rights of the Town of Vienna

The Town of Vienna further reserves the right to request information relative to experience, references, and/or financial status of a firm.

10.11. Conflict of Interest

The Offeror certifies that to the best of its knowledge no employee of the Owner nor any member thereof, nor any public agency or official affected by the proposal, has a pecuniary interest in the business of the Offeror, and that no person associated with the Offeror has any interest that would conflict in any manner with the performance of the proposal.

10.12. Insurance

By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the insurance coverage specified on the Insurance Checklist within ten (10) days of notification of award. Additionally, the Offeror certifies that it will maintain all required insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation

Commission.

During the period of the contract the Owner reserves the right to require the Firm to furnish the certificates of insurance for coverage required to the Procurement Division.

Insurance Coverages and Limits Required:

A. Worker's Compensation - Standard Virginia Worker's Compensation Policy.

B. Employers Liability - $100,000.00

C. Broad Form Comprehensive General Liability - $2,000,000.00 combined single limit. The Town of

Vienna is to be named as an additional insured with respect to the services being procured. This coverage is to include Premises/Operations Liability, Products and Completed Operations Coverage, Independent Contractor's Liability, Owner's and Contractor's Protective Liability and Personal Injury

Liability.

D. Automobile Liability - $1,000,000.00. Combined single limit.

E. Professional Liability/Errors and Omissions Coverage - Proof of professional liability coverage must accompany the Consultant's written proposal.

Additionally, it will maintain these during the entire term of the contract and all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State

Corporation Commission.

During the period of the contract, the Town reserves the right to require the consultant to furnish certificates of insurance for the coverage required.

The Town of Vienna, Virginia is to be named as an additional insured and this is to be so noted on

Certificate of Insurance. The policy shall be delivered to the Town of Vienna PRIOR to the commencement of any work.

A thirty (30) day written notice of cancellation or non-renewal shall be furnished by certified mail to the purchasing office at the address indicated on the solicitation.

10.13. Ownership of documents

Any reports, studies, photographs, negatives, or other documents prepared by the Offeror in the performance of its obligations under this contract shall be the exclusive property of the Owner, and all such materials shall be remitted, without restriction, to the Owner by the Offeror upon completion, termination or cancellation of the contract. Offeror shall not use, willingly allow, or cause to have such materials used for any purpose other than performance of the Offeror’s obligations under this contract without the prior written consent of the Owner.

11. Town of Vienna General Terms & Conditions

VENDOR: THE GENERAL TERMS AND CONDITIONS WHICH FOLLOW APPLY TO ALL PURCHASES AND

BECOME A DEFINITE PART OF EACH FORMAL INVITATION FOR BID, REQUEST FOR PROPOSALS,

PURCHASE ORDER AND/OR OTHER AWARD ISSUED BY THE TOWN OF VIENNA, VIRGINIA, UNLESS

OTHERWISE SPECIFIED IN THE SOLICITATION DOCUMENTS. BIDDERS/OFFERORS OR THEIR AUTHORIZED

REPRESENTATIVES ARE EXPECTED TO FULLY INFORM THEMSELVES AS TO THE CONDITIONS,

REQUIREMENTS, AND SPECIFICATIONS BEFORE SUBMITTING BIDS/PROPOSALS; FAILURE TO DO SO WILL

BE AT THE BIDDERS'/OFFERORS' OWN RISK AND HE CANNOT SECURE RELIEF ON THE PLEA OF ERROR.

SUBJECT TO STATE, COUNTY AND LOCAL LAWS AND ALL RULES, REGULATIONS AND LIMITATIONS

IMPOSED BY LEGISLATION OF THE FEDERAL GOVERNMENT, BIDS/PROPOSALS ON ALL SOLICITATIONS

ISSUED BY THE PURCHASING OFFICE WILL BIND BIDDERS/OFFERORS TO APPLICABLE CONDITIONS AND

REQUIREMENTS HEREIN SET FORTH UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION.

11.1. Clarification of Terms

If any prospective bidder/offeror has questions about the specifications or other solicitation documents, the prospective bidder/offeror should contact the Procurement Officer or the person whose name appears on the face of solicitation NO LATER THAN SEVEN (7) WORKING DAYS BEFORE opening/closing date. Any revisions to the solicitation will be made only by addendum issued by the Procurement

Officer.

11.2. Preparation & Submission

To be considered for selection, the bidder/offeror must submit a complete response to the Invitation for

Bid/Request for Proposals. The bid/proposal shall be signed by an authorized representative of the bidders'/offerors' firm and uploaded to the Town's eProcurement Portal by the time and date specified on the cover page.

11.3. Late Bids/Proposals

LATE bids/proposals will not be accepted by the Town's eProcurement Portal. The Town of Vienna will not accept hard copies hand delivered to Town Hall or any other departments. The Town of Vienna will not accept mailed bids/proposals.

11.4. Pricing Errors

In case of an error in price extension, the firm fixed unit price shall govern.

11.5. Bid/Proposal Acceptance Period

Proposals shall be binding upon the offeror for ninety (90) days following the proposal due date. Any bid/proposal on which the bidder/offeror shortens the acceptance period may be rejected.

11.6. Taxes

The Town of Vienna is exempt from the payment of federal excise or state sales taxes on all tangible, personal property for its use or consumption. The Purchasing Office will furnish a Tax Exemption

Certificate (Form ST-12) upon request and if applicable to this contract.

11.7. Use of Brand Name or Equal

A. Unless otherwise provided in the solicitation, the name of a certain brand, make or manufacturer does not restrict bidders/offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the Town of Vienna, in its sole discretion, determines to be equal to that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

B. The bidder/offeror is responsible to indicate the product clearly and specifically being offered and to provide sufficient descriptive literature, catalogs and technical details to enable the Town of Vienna to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder/offeror clearly indicates in its bid/proposal that the product offered is an "EQUAL" product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation.

C. It shall be understood that the burden of proof for an “equal” product shall be and remain the sole responsibility of the bidder. The Town’s decision of approval or disapproval of a proposed alternate shall be final. Nothing herein is intended to exclude any responsible bidder, its product or service or in any way restrain or restrict competition.

11.8. Samples

Samples, if required, must be furnished free of expense to the Town of Vienna on or before the date specified; if not destroyed in examination, they will be returned to bidder/offeror, if requested, at their expense. Each sample must be marked with the bidder's/offeror’s name and address, Town's solicitation request number and opening date.

11.9. Trade Secrets/Proprietary Information

Trade secrets or proprietary information submitted by an Offeror in response to this Request for

Proposal shall not be subject to public disclosure under the Virginia Freedom of Information Act (FOIA);

however, the Offeror must invoke the protection of this section prior to or upon submission of data or materials to be protected and state the reasons why protection is necessary (Section 2.2-4342F of the

Code of Virginia).

11.10. Default

In case of failure to deliver goods/services in accordance with the contractual terms and conditions, the

Town of Vienna, Virginia, after due oral or written notice, may procure them from other sources and hold the defaulting Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Town of Vienna may have.

11.11. Town's Right to Terminate the Contract

The Contract may be terminated by the Town for any one of the following reasons:

A. If the successful bidder/offeror should be adjudged bankrupt, or make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of the successful bidder’s/offeror’s insolvency, or if the successful bidder/offeror should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to deliver the goods or services within the time specified, or if the bidder/offeror otherwise defaults, then the Town may without prejudice to any other right or remedy, and after giving the successful bidder/offeror seven (7) calendar days written notice, terminate the employment of the successful bidder/offeror and procure such goods or services from other sources. In such event, the successful bidder/offeror shall be liable to the Town for any additional cost occasioned by such failure or other default.

B. In such cases, the successful bidder/offeror shall not be entitled to receive any further payment if the expense of finishing the contract requirements, including compensation for additional; managerial and administrative services shall exceed the unpaid balance of the contract price, the successful bidder/offeror shall pay the difference to the Town.

C. If the successful bidder/offeror should fail to make prompt payment to Subcontractor(s) for material or labor, persistently disregards laws, ordinances, or the instruction of the Town, or otherwise be in substantial violation of any provisions of the Contract.

D. Failure of the Contractor to promptly make good any defects in materials or work or any defects of any other nature, the correction of which has been directed in writing by the Town.

E. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the Town in the construction of work under contract.

F. Prior to termination of the Contract, the successful bidder/offeror and their Surety shall be notified in writing by the Town of the condition which makes termination of contract imminent. Ten (10) days after this notice is given, if a satisfactory effort has not been made by the successful bidder/offeror or their

Surety to correct the conditions, the Town may declare the Contract terminated and notify the successful bidder/offeror and their Surety accordingly.

G. Upon receipt of notice of contract termination, the successful bidder/offeror shall immediately discontinue all operations. The Town may then proceed with the work in any lawful manner that they may elect until the project is final and complete.

H. The Town reserves the right to take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method is deemed expedient. In such a case, the successful bidder/offeror shall not be entitled to receive any further payment. If the expense of finishing the work, including compensation for additional managerial and administrative services, shall exceed the unpaid balance of the contract price, the successful bidder/offeror shall pay the difference to the

Town. The expense incurred by the Town as herein provided, and the damage incurred through the

Contractor’s default, shall be certified by the Town.

I. Termination of the contract under this section is without prejudice to any rights or remedies of the

Town.

J. The Town reserves the right to cancel and terminate any resulting contract, in whole or in part, without penalty, upon 60 days written notice to the Contractor/ Consultant. Any contract cancellation notice shall not relieve the Contractor/Consultant of the obligation to deliver and/or perform on all outstanding services performed prior to the effective date of cancellation.

K. Notwithstanding anything to the contrary contained in the contract between the Town and the successful bidder/offeror, the Town may, without prejudice to any other rights it may have, terminate the contract for convenience or with cause, by giving thirty (30) days written notice to the successful bidder/offeror.

In the event the Contract is terminated for cause related to the Contractor/Consultant’s (or its

Subcontractor’s) hiring of unauthorized aliens, Contractor/Consultant, Contractor/Consultant hereby waives any claim to lost profits and the Town will proceed in accordance with subsections f) et seq.

above.

11.12. Rights of the Town of Vienna

The Town reserves the right to accept or reject all or any part of bids/proposals, waive minor technicalities/informalities and award the contract to the lowest responsive and responsible bidder or most qualified and best suited offeror to best serve the interest of the Town.

11.13. Contractor's Performance

A. Goods and services must be delivered and rendered strictly in accordance with this bid/proposal and shall not deviate in any way from the terms, conditions, prices, quality, quantity, delivery instructions, and specifications of this bid/proposal.

B. All goods and/or services delivered and/or rendered shall comply with all applicable federal, state, and local laws, and shall not infringe any valid patent or trademark. The successful bidder/offeror shall indemnify, keep, save, and hold the Town, its officers, and employees, harmless from any liability for infringement and from any and all claims or allegations of infringement by the bidder/offeror or the

Town, its officers and employees, arising from, growing out of, or in any way involved with the goods delivered or services rendered pursuant to this purchase.

C. If suit is brought against the Town, its officers and/or its employees, either independently or jointly with the bidder/offeror, the bidder/offeror shall defend the Town, its officers, and employees, in any such suit at no cost to them. If final judgment is obtained against the Town, its officers, and/or its employees, either independently or jointly with the bidder/offeror, then the bidder/offeror shall pay such judgment, including costs and attorney’s fees, if any, and hold the Town, its officers and employees, harmless there from.

D. The successful bidder/offeror shall ensure that its employees shall observe and exercise all necessary caution and discretion to avoid injury to person or damage to property of all kinds.

E. The successful bidder/offeror shall not, in its product literature or advertising, refer to this purchase or the use of the bidder’s/offeror’s goods or services by the Town of Vienna, Virginia.

F. The successful bidder/offeror shall cooperate with Town officials in performing the specified work so that interference with the Town’s activities will be held to a minimum.

11.14. Drug-Free Workplace to be Maintained by the Contractor

(Code of Virginia Section 2.2-4312): During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibitions, (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace;

and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over

$10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with the Virginia Public Procurement Act, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of the contract.

11.15. No Discrimination Against Faith-Based Organizations

The Town of Vienna does not discriminate against faith-based organizations as that term is defined in

Virginia Code Section 2.2-4343.1.

11.16. Anti-Trust

By entering into a contract, the bidder/offeror conveys, sells, assigns, and transfers to the Town of

Vienna all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Town of Vienna under said contract.

11.17. Indemnification

The Contractor agrees to indemnify, defend and…