843437planHampton.pdf

REQUEST FOR PROPOSALS – PROFESSIONAL SERVICES

ARCHITECTURE AND ENGINEERING

ISSUE DATE:

SEPTEMBER 8, 2026

RFP #:

27-24/AB

NGIP CODE:

91827; 91892; 91889; 91863

DATE/TIME OF CLOSING:

OCTOBER 8, 2026 @ 11:00AM EST

BUYER NAME:

ALICIA BROWN

COMMODITY:

COMMUNITY DEVELOPMENT

AND URBAN DESIGN

CONSULTING

THE CITY OF HAMPTON IS SEEKING PROPOSALS FROM QUALIFIED OFFERORS TO PROVIDE

COMPREHENSIVE PLANNING, URBAN DESIGN, AND RELATED SERVICES ON AN ON-CALL AS NEEDED BASIS FOR A VARIETY OF CITYWIDE, NEIGHBORHOOD, CORRIDOR, REDEVELOPMENT, WATERFRONT, AND TOPICAL PLANNING ACTIVITIES.

ACKNOWLEDGE RECEIPT OF ATTACHMENTS: A B C D (Please initial)

ACKNOWLEDGE RECEIPT OF ADDENDUM (S): 1 2 3 4 (Please initial)

Pre-Proposal Conference – N/A

OFFEROR NAME:

COMPETITIVE NEGOTIATION. This Request for Proposals (“RFP”) is subject to the competitive negotiation provisions outlined in Virginia Code §2.2-4302.2. In addition, the City requires that proposals be sealed. Sealed proposals will be received in the Issuing Office or via DemandStar (www.demandstar.com) until Closing Date and Closing Time as specified in this solicitation including any addenda issued by this office. Proposals received by telephone, email, facsimile, or any other means of electronic transfer shall not be accepted. The City of Hampton is not responsible for late delivery by the United States Postal Service or any other courier. All inquiries for information regarding this RFP are to be directed to the Issuing Office as defined herein.

THIS IS NOT AN ORDER. The City of Hampton, hereafter referred to as “the City”, reserves the right to accept or reject any and all proposals in whole or in part and waives any informality in the competitive negotiation process. Further, the City reserves the right to enter into any one or more contracts deemed to be in its best interest. The entire contents of the RFP, and addenda, offeror’s proposal and negotiated changes shall be incorporated by reference into any resulting contract.

http://www.demandstar.com/

(rev. 12-6-22)

Name of Offeror: Address:

Phone Number: Fax Number:

Email Address: State Corporation Commission ID: ______________________

City of Hampton Business Prof. License Tax No.:

Federal Tax Identification Number: ___________________; OR Social Security Number (Sole Proprietor):________________ NOTE: Numbers identified as social security numbers will be redacted in public documents.

Business Classification:

Is Offeror a “minority” business? Yes No African American Hispanic American Native American Asian American Other; Please Explain: ______________________________________________________ Is Offeror Woman Owned? Yes No Is Offeror a Small Business? Yes No Is Offeror a Faith-Based Organization? Yes No Is Offeror a Disabled Veteran Business? (for informational purposes only) Yes No Check One: INDIVIDUAL PARTNERSHIP CORPORATION LLC

State in which Registered or Incorporated _____________________________

By signing this proposal, Offeror certifies, acknowledges, understands, and agrees to be bound by the conditions set forth above, in the Proposal Terms and Conditions, and General Terms and Conditions as described in Attachment A subject to any exceptions made pursuant Virginia Code § 2.2-4302.2. A.4 to the proposed contractual terms and conditions made after the qualified offerors are ranked for negotiations unless such terms and conditions are required by statute, regulation, ordinance, or standards developed pursuant to Virginia Code § 2.2-1132.

Authorized Signature: Date:

Printed Name: Title:

Issuing Office: Wherever used in this Request for Proposal, the Issuing Office Will Be:

Alicia Brown, Senior Buyer Phone: 757-727-2196 Consolidated Procurement Division Email: alicia.brown@hampton.gov 1 Franklin Street, Suite 345 Hampton, Virginia 23669

Wherever used in this Request for Proposal, the City Contract Administrator will be:

Phone: 757-728-5168 Email: steven.lynch@hampton.gov

Steven L. Lynch, Interim Deputy Director Community Development Department City of Hampton 22 Lincoln Street, 3rd Floor Hampton, Virginia 23669

City of Hampton – A&E RFP

Offeror Information:

mailto:alicia.brown@hampton.gov mailto:steven.lynch@hampton.gov

City of Hampton – A&E RFP Page 3 of 41

Hampton, Virginia Hampton is an independent city located in Virginia. It is on the southern end of the Virginia Peninsula, bordering the Chesapeake Bay. The City has a total area of 136.2 square miles; 51.8 miles of that is land and 84.4 miles is water, with a total population of more than 137,000.

The City boasts a strong military and technology presence. The nation’s first air base, Langley Air Force Base, is home of the First Fighter Wing and continuing to add new missions. As Joint Base Langley-Eustis, it contributes nearly $4 billion a year to the regional economy. NASA Langley Research Center, where America’s first astronauts were trained, is a major center for aviation research. In addition, the National Institute for Aerospace, run by a consortium of universities, conducts research on both manned and unmanned systems. The most recent research center is Huntington Ingalls, which located its Unmanned Systems Center of Excellence in Hampton to focus on military and business applications for underwater drones. Virginia Tech has an expanded research center focused on seafood and aquaculture and opened an office and lab space as part of its Center for Coastal Studies.

In addition to these advanced research centers, higher education opportunities include Hampton University, a pre-eminent HBCU that offers 90 programs; the Virginia Peninsula Community College; Old Dominion University’s Peninsula Center; and Bryant & Stratton College.

The City is also home to multiple medical facilities including Sentara Careplex Hospital, the Hampton Veteran’s Administration Medical Center, the Hampton University Proton Therapy Institute for specialized cancer treatment, centers affiliated with Riverside Regional Medical Center and the Children’s Hospital of the Kings’ Daughters, as well as military and retiree care at the Langley base.

Other major employers include Science Systems and Applications, Analytical Mechanics, Howmet, Amsec, Measurement Specialists Inc., Zel Technologies, Ferguson Enterprises, Registrar, Liberty Source, Old Point National Bank, VersAbility Resources, and Faneuil. Huntington Ingalls also has employees at another Hampton location (in addition to the Unmanned Center). Tourism is also an important economic driver.

The City is situated between two airports, each less than 15 miles from downtown: Norfolk International Airport and the smaller Newport News/Williamsburg International Airport.

Hampton is part of a dynamic metropolitan region. Besides Hampton, the region contains four other cities with populations greater than 100,000. Hampton Roads now has a population of 1.8 million and is the 37th largest metropolitan region in the nation.

The city’s public school system has been recognized nationally, and the city’s government has been recognized for its flooding resilience programs, transparency, use of technology to benefit residents, and extensive citizen engagement.

Hampton is a welcoming and diverse city – large enough to provide a wide variety of festivals, music, arts and culture – but small enough that people know their neighbors. Hampton is more than 400 years old (the oldest continually occupied city in the original 13 Colonies) and has a rich history. Approximately half of the residents are African-American, and 37% are white, with the remainder split among multiple races and other categories. About 6% of the population is Hispanic. Additional demographic data may be accessed by the hyperlink:

http://hampton.gov/90/Demographics

I. BACKGROUND

http://hampton.gov/90/Demographics

City of Hampton – A&E RFP Page 4 of 41

(rev. 12-6-22)

A. Contract Documents. This RFP, its addenda(s), Offeror’s proposal, any additional information requested, negotiated changes, and the final awarded contract will constitute the final contract hereafter referred to as the “Contract”. These documents will be incorporated by reference into the City Purchase Order(s) that award the Contract. The Contract shall be governed by the contract documents in the following order of precedence:

1. The final negotiated Contract

2. The RFP, its attachments, and its addenda

3. Any negotiated changes to the foregoing documents

4. Offeror’s proposal

B. Copies of Contract Documents. If Offeror is awarded the Contract, Offeror will receive electronic copies of all documents. All original documents will be maintained at the Issuing Office. If Offeror requires a certified copy of any document to which Offeror is entitled, the Issuing Office will accommodate that request.

C. Proposal Binding for One Hundred Twenty (120) Days. Offeror agrees that its proposal shall be binding and may not be withdrawn for a period of one hundred twenty (120) calendar days after the scheduled closing date of this RFP.

D. Proprietary Information/Non-Disclosure. Offeror is advised that the Virginia Public Procurement Act (Section 2.2-4342, Code of Virginia, 1950 as amended) shall govern public inspection of all records submitted by Offeror.

1. Offeror may invoke the protections of §2.2-4342 of the Code of Virginia to protect trade secrets, proprietary information, and other confidential information provided by the Offeror:

i. Invoke the protections of this Section prior to, or upon submission of, the data or other materials.

ii. Provide a statement that identifies the data or other materials to be protected and that states the reasons why protection is necessary.

iii. Submit trade secrets or other proprietary information under separate cover in a sealed envelope clearly marked “PROPRIETARY”.

iv. References to the proprietary information may be made within the body of the proposal;

however, all information contained within the body of the proposal shall be public information in accordance with State statutes.

v. An all-inclusive statement that the entire proposal is proprietary is unacceptable. A statement that Offeror’s costs and/or proposal pricing are to be protected is unacceptable.

Offeror will be requested to remove any such statement(s) in order to be eligible for further consideration.

2. 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. Information submitted that does not meet the above requirements will be considered public information in accordance with the VFOIA.

D. Offeror Obligation. Offeror shall carefully examine the contents of this RFP and any subsequent addenda(s). Failure to do so shall not relieve the Offeror of its obligation to fulfill the requirements of any contract awarded as a result of this RFP.

E. Conditions of Work. Offeror shall inform itself fully of the conditions related to services required herein. Failure to do so will not relieve an Offeror of the obligation to furnish all goods and/or services necessary to carry out the provisions of the Contract.

F. Offeror Representations and Acknowledgements. The attached “Offeror Representations and Acknowledgements” at Attachment C to this RFP, shall be executed by Offeror and is to be submitted with Offeror’s Proposal. The requirements set forth on said form shall be considered to be binding terms and conditions in any contract resulting from this RFP. A contract will not be awarded to an Offeror who has not signed the Offeror Representations and Acknowledgements.

II. PROPOSAL TERMS AND CONDITIONS

City of Hampton – A&E RFP Page 5

(rev. 12-6-22)

The purpose of the Request for Proposal (RFP) is to solicit proposals from qualified offerors to provide comprehensive planning, urban design, and related services on an on-call as needed basis for a variety of Citywide neighborhood, corridor, redevelopment, waterfront, and topical planning initiatives.

The City intends to establish one or more non-exclusive contracts with qualified firms capable of supporting long-range planning efforts, implementation of adopted plans, urban design initiatives, policy analysis, redevelopment strategies, community engagement, and related planning and design services.

The selected consultant(s) shall provide professional expertise, technical assistance, and implementation support for planning and urban design projects as assigned by the City.

ADDITIONAL BACKGROUND INFORMATION

The City of Hampton is a mature, largely developed coastal community within the Hampton Roads region with a diverse population, established neighborhoods, waterfront districts, commercial corridors, employment centers, military and institutional assets, and significant historic, cultural, environmental, and economic resources.

Hampton’s planning and development priorities include:

• Corridor revitalization and reinvestment

• Neighborhood stabilization and redevelopment

• Waterfront and resilience planning

• Housing and equitable development initiatives

• Transportation connectivity and multimodal access

• Economic development and redevelopment strategies

• Preservation of community character and historic resources

• Implementation of adopted City plans and policies

The City seeks planning and urban design services that support thoughtful, forward-looking decision-making;

coordinated public and private investment; resilient and equitable development patterns; meaningful community engagement; and implementation-oriented planning practices.

SCOPE OF SERVICES

Services to be performed under the resulting agreement include, but are not limited to, the following:

A. COMPREHENSIVE AND LONG-RANGE PLANNING

• Preparation and amendment of comprehensive plans pursuant to Virginia Code Title 15.2, Chapter 22, Article 23 (“The Comprehensive Plan”),

• Preparation of small area plans, corridor plans, neighborhood plans, waterfront plans, redevelopment plans, and topical planning studies

• Updates and amendments to adopted plans

• Development of implementation strategies, action plans, and policy recommendations

• Scenario planning and growth management analysis

SCOPE OF CONTRACT

City of Hampton – A&E RFP Page 6

(rev. 12-6-22)

• Strategic planning support

B. URBAN DESIGN AND DEVELOPMENT PLANNING

• Urban design concepts and visualization

• Site planning and redevelopment concepts

• Streetscape and public realm design

• Design guidelines and pattern books

• Massing studies and development character analysis

• Public space, park, greenway, and trail planning

• Conceptual design services supporting planning and development decisions

C. LAND USE AND REGULATORY ANALYSIS

• Land use analysis and policy evaluation

• Zoning and development ordinance analysis

• Recommendations for ordinance amendments

• Ordinance amendment drafting and associated engagement

• Overlay districts and form-based code tools

• Design standards and development guidelines

• Regulatory implementation strategies

D. COMMUNITY ENGAGEMET AND PUBLIC PARTICIPATION

• Stakeholder interviews and focus groups

• Community meetings and workshops

• Design charrettes and open houses

• Surveys and public outreach strategies

• Facilitation services

• Public engagement documentation and reporting

E. HOUSING, REDEVELOPMENT, AND ECONOMIC DEVELOPMENT PLANNING

• Housing needs assessments

• Neighborhood revitalization strategies

• Equitable development analysis

• Redevelopment opportunity assessments

• Economic development planning support

• Market and demographic analysis

• Fiscal impact and redevelopment feasibility analysis

F. RESILIENCE AND ENVIRONMENTAL PLANNING

• Coastal resilience and adaptation planning

• Environmental and waterfront planning

• Open space and natural resource planning

• Stormwater and infrastructure integration strategies

• Climate adaptation and sustainability planning

G. TRANSPORTATION AND CONNECTIVITY PLANNING

• Multimodal transportation planning

• Complete streets concepts

• Bicycle and pedestrian planning

• Transit-supportive development strategies

• Parking analysis

• Connectivity and accessibility studies

H. TECHNICAL AND ANALYTICAL SERVICES

• GIS mapping and spatial analysis

• Data collection and demographic analysis

• Infrastructure assessments

• Feasibility studies

• Existing conditions documentation

• Scenario modeling and visualization

I. COMMUNICATION AND PRESENTATION MATERIALS

• Preparation of reports, graphics, maps, renderings, and presentations

• Presentation materials for City Council, Planning Commission, boards, commissions, and community groups

• Development of implementation matrices and funding strategies

• Graphic design and visual communication support

J. SUPPLEMENTAL ARCHITECTURAL AND ENGINEERING SERVICES

• Provide or coordinate supplemental architectural and engineering services that may include but are not limited to:

o Architectural design and planning o Site planning and design o Civil, structural, transportation, landscape or other engineering services o Preparation of conceptual plans, renderings, o Infrastructure and utility assessments o Feasibility studies o Cost estimates o Development of design standards, guidelines, or implementation studies

Any architectural or engineering services requiring professional licensure shall be performed by licensed professionals in accordance with all applicable laws, regulations, and professional standards.

City of Hampton – A&E RFP

City of Hampton – A&E RFP Page 8

(rev. 12-6-22)

• Review of work prepared by other consultants, developers, or agencies

• Field investigations and documentation

• Cost estimating and planning-level budget development

• Other related professional services necessary to support assigned tasks

CONSULTANT QUALIFICATIONS

Firms submitting proposals should demonstrate qualifications and experience in the following areas:

• Comprehensive and long-range planning

• Urban design and redevelopment planning

• Public engagement and facilitation

• Zoning and land use analysis

• GIS and technical analysis

• Transportation and resilience planning

• Housing and economic development planning

• Preparation of high-quality graphic and presentation materials

• Experience working with local governments and public agencies

Reference Source: Hampton Community Plan

Preference may be given to firms with experience in coastal communities, redevelopment environments, and implementation-oriented planning initiatives.

The City anticipates awarding one or more contracts for an initial term of one (1) year with three (3) optional one-year periods.

Work shall be assigned as needed through task orders or on a project-specific basis.

III. INSTRUCTIONS TO OFFERORS

A. Contact with City/City Staff, Representatives, and/or Agents. Direct contact with City staff, representatives, and/or agents other than the Consolidated Procurement Division staff on the subject of this RFP or any subject related to this RFP is expressly prohibited except with the prior knowledge and permission of the Purchasing Agent or designated representative.

B. Questions. Offerors must submit questions regarding the RFP in writing to the Issuing Office via email to alicia.brown@hampton.gov no later than 3:30 PM EST on September 24, 2026. Necessary replies will be issued to all Offerors of Record as addenda that shall become part of the contract documents. Oral instructions do not form a part of the proposal documents. Offeror is responsible for checking website http://www.Hampton.gov/bids-contracts or contacting the Issuing Office within 48 hours prior to proposal closing to secure any addenda issued for this RFP.

C. Changes or Modifications. Changes or modifications to this RFP made prior to the date and time of closing will be addressed by addenda from the Issuing Office. Offerors are to acknowledge receipt of addenda in the space provided on the cover page of this RFP. Oral communications are not a part of the proposal documents.

This RFP and any addenda shall be incorporated, by reference, into any resulting contract.

K. ADDITIONAL SERVICES

https://www.hampton.gov/2007/Hampton-Community-Master-Plans mailto:alicia.brown@hampton.gov

City of Hampton – A&E RFP Page 9 of 41

D. RFP Closing. Offeror shall ensure its sealed proposal is time stamped by the Issuing Office or DemandStar no later than the Closing Date and Time shown on the cover page of the RFP. Proposals received after the specified date and time (time stamped 11:01 AM or later) will not be considered and will be returned to the Offeror unopened.

E. Proposal Submittal Requirements:

1. Each proposal submission shall be submitted to the Issuing Office and shall include the following:

i. Pages 1-2 of this RFP and it will contain:

a. Original signature of an agent authorized to bind the company

b. Requested contact information

c. Company Federal Employer Identification Number

d. Acknowledgement of any addenda received

ii. Proposals are to be organized according to the following tabs:

a. Tab 1 – Experience

• Firm history and overview

• Office locations

• Areas of expertise

• Experience with similar municipal planning and urban design projects

• Description of the firm’s capacity to perform the requested services

b. Tab 2 - Capabilities and Skills

• Organizational chart

• Key personnel and resumes

• Roles and responsibilities of team members

• Identification of subconsultants (if any)

c. Tab 3 - Services to be Provided

• Community engagement

• Collaborative planning processes

• Urban design and visualization

• Technical analysis

• Project management and coordination

• Implementation-focused planning

d. Tab 4 – Exceptions to provisions required by statute, regulation, ordinance, statutory standards

e. Tab 5 - Proposed Alternatives to the City Requirements

f. Tab 6 –Small, Minority and Woman Owned Business participation

iii. All proposal pages must be numbered

iv. Attachments:

a. Attachment C, D, and E

v. Completed and signed 2-page acknowledgement at beginning of this document.

2. Proposals must be submitted utilizing the following requirements:

i. Offerors shall submit sealed proposals in a labeled envelope or package with the Request for

Proposal’s Item Number and the name and address of the Offeror. Offeror may also submit proposals via DemandStar. Proposals received by telephone, email, facsimile, or any other means of electronic transfer will not be accepted.

ii. Submit the original proposal.

iii. All proposals must be received and time stamped in the Issuing Office no later than the Closing

Date and Time shown on the cover page of this RFP. Any proposal received aft the specified

City of Hampton – A&E RFP Page 10 of 41 date and time (11:01 AM EST or later) will not be considered and will be returned to the Offeror unopened.

iv. Proposals must include all elements noted in the “Preparation of Proposals” section below.

v. Include a statement setting forth the basis for protection of proprietary information, if any, as detailed in the “Proprietary Information/Disclosure” section.

3. Offerors are encouraged to submit proposals on recycled paper and to use double sided printing.

4. Offerors should be thorough in addressing the Specific Requirements and the Proposal Submittal

Requirements as outlined in this RFP.

F. Proposal Content Evaluation

1. Experience - Provide a concise description of all work experiences as they relate to the scope of work outlined herein. Said description should include, but not be limited to:

i. Offeror’s established experience record in providing comparable services to organizations similar to the City of Hampton.

ii. Number and types of customers the Offeror has served with comparable services.

iii. Number of years Offeror has been providing these types of services.

iv. A minimum of five (5) references for which Offeror has completed services comparable to those described in this RFP. Include references for work performed in an environment comparable to the City of Hampton. For each reference, detail:

a. Name of firm

b. Address of firm

c. Name, title, address, email address, telephone and fax numbers of a contact for the firm

d. Number of years the Offeror has served the firm

e. Brief summary of scope of services provided to the firm

v. Other available documentation to verified Offeror’s experience

vi. A statement detailing why the Offeror is the best candidate to provide the City of Hampton with the services requested in this RFP.

2. Capability and Skill - Describe the qualifications and skills of the organization to provide the services. Said description should provide, but not be limited to, the following information:

i. Background information about the organization, e.g., philosophy, ownership, size, facilities and locations, etc.

ii. Offerors management structure of the firm, e.g. organization chart of the firm, project team, etc.

iii. Size and location of the office that will serve the City of Hampton

iv. Offeror’s qualifications to perform the services, including all resources available to Offeror for the performance of the Contract.

v. Qualifications and resumes of team members and other employees who will be managing and performing the services under the Contract. Projects and client services lists for team members may be submitted.

vi. Name, title, address, email address, telephone and fax numbers, and work hours of the Offeror’s Representative for the following functions:

a. Contact person for prompt contract administration upon award of the Contract

b. Contact person during the period of evaluation

c. Authorized agent to accept any notices provided for in the Contract

i. Indicate the type of organization you represent, i.e. individual, partnership or corporation. If the Offeror is a corporation, list the names of the President, Vice-President, Secretary, Treasurer and all Principals. If the Offeror is a partnership, include the names of all principals or partners.

ii. A detailed history of all mergers or acquisitions.

iii. A copy of the certificate verifying the firm is authorized to do business in the Commonwealth of

Virginia, including State Corporation Commission Registration Number.

iv. A copy of the Offeror’s license to do business in Hampton, Virginia.

v. If applicable - a detailed list of licenses held, including license class and number.

City of Hampton – A&E RFP Page 11 of 41

vi. Offeror’s current financial condition. Provide supporting documentation and audited annual reports for the past three (3) years. If Offeror’s company is privately held, supply sufficient information to document the company’s financial status and capability to perform under the Contract. Include any financial ratings held by the firm.

vii. If Offeror intends to subcontract any part of the work under the Contract, indicate services to be subcontracted and subcontractor(s) to provide said services.

3. Services to be Provided - Provide a detailed description of the services to be provided under the Contract.

Said description is to address, at a minimum:

i. An Introduction with an overview of Offeror’s understanding of the scope of work and services to be provided.

ii. Best practice approaches to providing services to the City that enhance efficiency and effectiveness.

Innovative solutions will be considered by the City.

iii. EACH of the Specific Requirements set forth under the Scope of Work specified in this RFP.

iv. A detail of any assistance, equipment, or other items the Offeror will require the City to furnish under the Contract.

v. A statement explaining why the Offeror’s proposed solution would be the most advantageous to the City.

vi. Describe the one attribute that places the Offeror ahead of the competition.

i. Detail any proposed alternatives the City’s requirements as outlined in this RFP.

4. Minority/Woman Owned Programs. Provide details about your status as a minority or woman owned business.

G. Proposal Scoring. The following numerical scale will be used to evaluate the proposal:

1. Exceptional (5): The submission exceeds expectations, excellent probability of success and in achieving all objectives. Very innovative.

2. Good (4): Very good probability of success. Achieves all objectives in reasonable fashion.

3. Acceptable (3): Has reasonable probability of success. Some objectives may not be met.

4. Poor (2): Falls short of expectations and has a low probability of success.

5. Unacceptable (1): Submission fails to meet requirements and the approach has no probability of success.

Criteria Percentage Experience 35% Capability and Skills 30% Demonstrated Ability to Provide the Required Services 30% Minority/Woman Owned 5%

H. Procedure for Evaluation of Proposals

1. After the proposal opening, the City will select for further consideration two or more Offerors deemed to be fully qualified and best suited among those submitting proposals based on Offerors’ responses to the information requested in this RFP.

i. The City may, in its sole discretion, determine in writing that only one offeror is fully qualified or is clearly more highly qualified and suitable than others under consideration, and may negotiate and award the Contract to that Offeror.

2. Based on the initial evaluation, the City may request the selected Offerors to make oral presentations.

Thereafter, the City will conduct negotiations with each of the selected short-listed Offerors. Individuals representing the Offeror during negotiations shall have the authority to negotiate and contractually bind the company to a contract.

i. If in the City’s opinion, presentations or demonstrations of the Offeror’s proposed system’s features and capabilities are warranted, the City will notify the appropriate Offerors. Such

City of Hampton – A&E RFP Page 12 of 41 presentation or demonstration will be at the City site at a date and time mutually agreed to between the City and Offeror and will be at the Offeror’s expense.

3. The City shall negotiate with Offerors, beginning with the Offeror ranked first. If a contract satisfactory and advantageous to the public body can be negotiated at a price considered fair and reasonable and pursuant to contractual terms and conditions acceptable to the public body, the award shall be made to that Offeror. If not, negotiations with the Offeror ranked first shall be formally terminated and negotiations shall be conducted with Offeror ranked second.

i. This process shall continue until a contract acceptable to the City can be negotiated and awarded. Note that negotiations may result in the award of multiple contracts. In that case, negotiations with prior Offerors may not be formally terminated before negotiations begin with a subsequently ranked Offeror.

4. The City is not required to furnish a statement of the reason(s) why a proposal was not deemed to be the most advantageous.

I. Award

1. The City intends to award the Contract to a fully qualified Offeror submitting the best proposal based on the criteria set forth herein and as determined by the City in its sole discretion.

i. Split Awards: At the City’s sole discretion, the City may reject any or all proposals in whole or in part if such action is determined to be in the City’s best interest.

ii. Multiple Awards: The City reserves the right to make awards under this RFP to more than one

Offeror if the City determines that doing so is in the best interests of the City. If the City makes multiple awards under this solicitation, each Contract awarded will specify the portion of the scope of services awarded to each Offeror.

2. Any contract resulting from this RFP will be publicly posted for inspection in the Consolidated Procurement Division, 1 Franklin Street, Suite 345, Hampton, Virginia 23669.

3. The vendor(s) awarded this contract must be registered with eVA before the contract can be fully executed.

J. Disposition of Proposals. All materials submitted in response to this RFP will become the property of the City. One (1) copy of each proposal will be retained for official files, will become a matter of public record after award of the Contract, and will be open to public inspection subject to the Proprietary Information/Disclosure section of this RFP.

City of Hampton – A&E RFP Page 13 of 41

Attachment A – General Terms and Conditions These General Terms and Conditions are a sample of what may be included in the final contract awarded to Offeror and are subject to change.

I. Term and Renewals. This Contract shall continue in force for the term of one (1) year. This Contract may be extended upon the mutual agreement of both parties for up to three (3) optional, one (1) year periods upon the same prices, terms, and conditions as set forth in this Contract and the RFP. Each additional year is referred to as a “Renewal Period”. Said Renewal Period shall occur automatically unless written notice is given by the City or the Contractor no later than thirty (30) days before the expiration of the current period. Price adjustments for Renewal Periods will be negotiated between the City and Contractor/Consultant.

II. Contractor Representations and Obligations.

A. Performance by Contractor. Contractor shall act as the prime contractor for the goods and services to be provided under the Contract and shall be the sole point of contact with regard to all obligations due under the Contract. To the extent Contractor employs subcontractors to perform obligations under the Contract, Contractor agrees that it will:

1. Inform subcontractor of the proposed use and disposition of the subcontractor’s products or services, and obtain a written statement from subcontractor that it has no objection and that the City is not liable to the subcontractor for any work performed under the Contract.

2. Obtain prior written approval from the Contract Administrator at least ten (10) calendar days prior to the work subcontractor work being performed.

3. Be solely responsible for all work performed and materials provided by subcontractors and for the liability of subcontractors for the types and limits required of the Contractor under the Contract.

B. Authority to Transact Business.

1. At the commencement of the Contract, Contractor shall be authorized to transact business in the

Commonwealth of Virginia as a domestic or foreign business entity if so required under Title 13.1 or Title 50 of the Virginia code or as otherwise required by law.

2. Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth to be revoked or cancelled at any time during the term of the Contract.

C. Compliance with Law.

1. Contractor shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of the scope 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 the Contract prior to the initiation of work.

2. Contractor does not, and shall not during the performance of the Contract, knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

D. Nondiscrimination.

1. During the performance of the Contract, Contractor shall:

i. 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 applicants for employment, notices setting forth the provisions of this nondiscrimination clause; and

City of Hampton – A&E RFP Page 14 of 41

ii. State that Contractor is an equal opportunity employer in all solicitations or advertisements for employees placed by or on behalf of Contractor. Notices, advertisements, and solicitations placed in accordance with Federal law, rule, or regulation are sufficient to meet the requirements of this section.

2. Contractor shall include the provisions of paragraph D.1 in every subcontract or purchase order over $10,000.

E. Drug-Free Workplace.

1. For purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with the Contract with Contractor, 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.

2. During the performance of the Contract, Contractor shall:

i. Provide a drug-free workplace for Contractor's employees;

ii. Post 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. This statement must be posted in a conspicuous location available to all employees and applicants for employment.

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

3. Contractor will include the provisions of Section E.2 in every subcontract or purchase order of over $10,000.

F. Payments to Subcontractors. 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 subcontractors in writing of the intention to withhold all or a part of the amount due along with the reason for nonpayment. In the event payment is not made as noted, Contractor shall pay interest at the rate of one (1) percent per month, unless otherwise provided, to the subcontractors on all amounts that remain unpaid after seven (7) days except for the amounts withheld as provided herein. Contractor’s obligation to pay an interest charge to a subcontractor pursuant to this section shall 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.

G. Insurance.

1. Contractor shall submit to the City Contract Administrator certificates of insurance with applicable endorsements to the policy attached, prior to beginning work under the Contract or no later than ten (10) days after the intent to award is issued, whichever occurs first.

2. 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 by the Contractor without thirty (30) days prior written notice to the City.

3. The certificate of insurance shall list the City of Hampton, 22 Lincoln Street, Hampton, Virginia 23669 and its elected and appointed officials, agents, employees and volunteers as additional insureds for the specified Project. The Endorsement to the policy would be that which is attached to the Contractor's liability policy that acknowledges the Purchaser(s) as additional insureds on all policies the Purchaser(s) are made additional insured(s). This shall be either a direct Endorsement that actually names the Purchaser(s) or a blanket Endorsement within the insurance policy that states that under a contractual

City of Hampton – A&E RFP Page 15 of 41 agreement the Purchaser(s) will be named as additional insureds on the required insurance policy. Such insurance shall also contain an endorsement stating that the insurance is primary with respect to any self-insurance or insurance maintained by the City of Hampton.

4. Insurance shall be maintained during the entire term of the Contract and any extensions and shall be of the following forms and limits:

All required insurance coverages must be obtained from insurers authorized to do business in the Commonwealth of Virginia. The insurers must have a rating of “A” (financial strength) and a VII or greater in the latest edition of the A.M.’s Best Company’s Insurance reports.

Coverage Parts Required Coverage Limits

Commercial General Liability (CGL) Required but not limited to:

Bodily Injury and Property Damage Personal & Advertising Injury Products & Completed Operations Contractual Liability

$1,000,000 per occurrence $2,000,000 aggregate

Business or Commercial Automobile Liability (if appliable) Coverage for Any Auto Required to include owned, hired, and/or non-owned vehicles

$1,000,000 Combined Single Limit

Workers’ Compensation Employer’s Liability

Per Virginia Statute $500,000 min

Professional Liability Errors & Omissions

$1,000,000 min

Waiver of Subrogation Not Required

Claims-made policies require the policy holder to provide evidence of a retroactive date on the policy no later than the beginning of the contractor’s or sub-contractor’s work under this project. Claims-made commercial general liability or pollution policies must provide an endorsement extending the claim reporting period of up to three (3) years after the agreement.

Certificates of Insurance (COI’s) must be accompanied by an endorsement naming City of Hampton or Hampton City Schools and their elected and appointed officials, agents, employees and volunteers as additional insureds.

* Please note that single person contractors are not required to carry this insurance but must complete a Request for Waiver of Worker's Compensation with the City's Risk Management Department. If the Contractor has employees at any time during the Contract period, the Contractor must provide the minimum necessary coverage or a copy of the State's consent to self-insure.

The establishment of minimum limits of insurance by the City does not reduce or limit the liability or responsibilities of the Contractor.

5. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO IMMEDIATELY NOTIFY THE CITY

SHOULD ANY POLICY BE CANCELLED. FAILURE TO NOTIFY THE CITY SHALL

CONSTITUTE A MATERIAL BREACH OF THE CONTRACT.

H. Hold Harmless/Indemnification.

1. Professional Responsibility of Contractor

i. Contractor agrees, for itself, its agents, servants, employees, subcontractors, and sub-contractors, to perform all work hereunder or associated herewith in accordance with any and all applicable professional standards and in accordance with general industry practice and principles.

City of Hampton – A&E RFP Page 16 of 41

ii. As to all matters of professional responsibility, unless otherwise prohibited by law, Contractor agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees and officials from and against any and all liability, losses, reasonable attorney’s fees and litigation expenses or other expenses suffered by any indemnified part or entity as the result of any claim to the extent it is found to have been caused by the negligent acts, errors, or omissions of Contractor, or those for whom Contractor is legally liable.

iii. With the prior approval of the City, Contractor may assume the defense of any such professional liability claim(s) made against the City, its agents, volunteers, servants, employees or officials.

2. General Responsibility of Contractor

i. As to all matters of liability related to or arising out of the Contract other than professional liability, Contractor agrees, unless otherwise prohibited by law, to indemnify and hold harmless the City, its agents, volunteers, servants, employees and officials from and against any and all liability, losses, reasonable attorney's fees and litigation expenses, or other expenses suffered by any indemnified party or entity as a result of any claim to the extent that it is found to have been caused by the acts, errors, or omissions of Contractor or those for whom Contractor is legally liable.

ii. With the prior approval of the City, Contractor may assume the defense of any such claim(s) made against the City, its agents, volunteers, servants, employees or officials.

G. Unauthorized Disclosure of Information.

1. Contractor shall assume the entire responsibility and liability for any and all damages caused by or resulting from or arising out of the negligent or willful unauthorized disclosure of confidential information on the part of the Contractor, its subcontractors, agents or employees under or in connection with the Contract. The Contractor shall save harmless and indemnify the City of Hampton and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to attorney’s fees, which either or both of them may suffer, pay or incur as the result of claims or suits due to, arising out of or in connection with, any and all such unauthorized disclosures, real or alleged. The Contractor shall, upon written demand by the City of Hampton, assume and defend, at the Contractor’s sole expense, any and all such suits or defense of claims alleging unauthorized disclosures of confidential information.

2. Any negligent or willful unauthorized disclosure of confidential information on the part of the Contractor, its subcontractors, agents or employees under or in connection with the Contract shall constitute a breach of the terms of the Contract. The City may proceed by appropriate court action, including seeking injunctive relief, to prevent continuing unauthorized disclosures, and Contractor shall save harmless and indemnify the City for court costs, litigation expenses and attorney’s fees that it may pay or incur as the result of seeking to prevent or stop and any and all unauthorized disclosures of confidential information.

H. Project Execution.

1. Contractor shall be responsible for reviewing all data supplied by the City as to its accuracy and completeness as needed for the design scope. If it is mutually agreed that site survey work is required, and the City is unable to provide such, the steps outlined in Section 2 below shall be followed.

2. If sub surface investigations are deemed necessary by the Contractor and the City concurs, the following steps shall be followed. The Contractor shall obtain at least three (3) bids and forward them to the City.

The City will issue a contract with instructions that all work is to be done under the direction of the Contractor. The Contractor will receive a copy of all reports for review. Payment will be made by the City only after the Contractor has approved the reports.

City of Hampton – A&E RFP Page 17 of 41

3. The Contractor shall be responsible for all contacts with all utility companies and shall be responsible for insuring that the Project design is compatible with demands of all utility companies, including location or relocation of valves, conduit, transformers, switches, meters, or any other device(s) required by any utility company.

4. The Contractor shall be responsible for recognizing that during the Design Phase it shall find itself in conversation with various City representatives and may hear expressions of needs or wants that conflict with the written program furnished by the City. Such conflicting statements shall not be acted upon by the Contractor unless a written addendum to the program is issued by the City’s representative who has the authority to issue such addendum.

III. City Representations and Obligations.

A. The City shall provide in writing a complete program regarding the City’s requirements for the Project.

B. The City shall designate a representative authorized to act on its behalf with respect to the Project. The City shall examine documents submitted by the Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant’s services.

C. The City shall make available all existing data pertaining to the site such as grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and data pertaining to existing buildings, other improvements and trees; any available information concerning service and utility lines both public and private, above and below grade, including inverts and depths.

D. The City shall furnish structural, mechanical, chemical and other laboratory tests, inspections and repots as required by law or the contract documents.

E. The City shall furnish such legal, accounting, and insurance counseling services as may be necessary for the Project, and such auditing services as it may require to ascertain how or for what purposes the contractor has used the monies paid to the contractor under the Contract for Construction.

F. If the City becomes aware of any fault or defect in the Project or non-conformance with the contract documents, it shall give prompt written notice thereof to the Consultant.

G. The City shall furnish information required of it as expeditiously as necessary for the orderly progress of the work.

H. Nothing contained in this Contract shall be interpreted to mean the City surrenders or limits any right as an owner and party to any Contract for construction issued in connection with this Contract.

IV. Payment to Contractor.

A. City Payment to Contractor.

1. City agrees to make payments under the Contract within thirty (30) days after receipt of a correct invoice, pursuant to Section III.B below, for such payment. Where payment is made by mail, the day of postmark shall be deemed the date of payment. Any amounts due to the City by Contractor under the terms of this or any other Contract may be applied against Contractor’s invoices with documentation for the basis of the adjustment attached.

2. In no event shall any interest penalty or late fee accrue when payment is delayed because of disagreement between the City and Contractor regarding the quantity, quality, time of delivery, or other noncompliance with these Contract requirements for any product or service or the accuracy or correctness of any invoice.

Payment terms offering a “prompt payment discount” of twenty (20) days or greater will be considered in the evaluation of Proposals.