845159planCpeake.pdf

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City of Chesapeake, VA

REQUEST FOR PROPOSAL

27-044-2647

PARK PLANNING AND LANDSCAPE ARCHITECTURE ON-CALL SERVICES

RELEASE DATE: September 17, 2026

RESPONSE DEADLINE: October 27, 2026, 5:00 pm

Please refer to the project timeline in this document for all important deadlines.

Request For Proposal #27-044-2647 Title: Park Planning and Landscape Architecture On-Call Services

Table Of Contents

1. Purpose

2. Background

3. Scope of Work

4. Schedule of Events

5. Conflicts and Questions

6. Proposal Preparation and Submission Instructions

7. Specific Proposal Instructions

8. Disclosure of Proposal Contents

9. Evaluation and Award Criteria

10. Oral Presentations

11. Award of Contract

12. Period of Performance

13. Pricing/ Fee Schedule

14. Vendor Required Information

15. Required General Terms and Conditions for Professional Services

16. Special Terms and Conditions for Professional Services

17. Attachments

Attachments:

A - Capital Improvement Plan SOW

1. Purpose

The City of Chesapeake, through its Parks, Recreation and Tourism Department (hereinafter “PRT”) is seeking qualifications, excluding costs, from qualified park and open space planning and multi-disciplinary firms with experience in park and open space planning, landscape architecture, public engagement, park master planning, and detailed park design and documentation to support the PRT’s planning, design, and construction of various park development, improvement and enhancement projects throughout the City’s park system on a project-to-project or ‘on-call’ basis.

Selected firm(s) can expect to be utilized to plan, design, and document park improvement projects within neighborhood, community, special use, and regional parks citywide. Tasks will include but are not limited to establishing design specifications for the procurement, development and renovation of park grounds, playgrounds, pathways, trails, trailheads, campgrounds, pedestrian and equestrian bridges, welcome centers, informational and interpretive signage, shoreline and drainage enhancements, recreational amenities, landscaping and urban forestry, public art, historical preservation and refurbishment, athletic fields and courts, restroom and concession facilities, maintenance facilities, parking facilities, park and service road accessways, electrical and plumbing systems, utility systems, well and septic systems, and various other park-type amenities.

The City of Chesapeake does not discriminate against faith-based organizations in accordance with Code of

Virginia Section 2.2-4343.1 or against any contractor, bid, or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by State law relating to discrimination in employment.

2. Background

The City of Chesapeake Parks, Recreation and Tourism Department acquires, enhances, protects, maintains, and operates a variety of public lands, open spaces, and facilities located within and immediately adjacent to the bounds of the City of Chesapeake. More than 90 individual properties consisting of more than 3,355 acres currently make up the city’s system of park lands, including:

• 39 Neighborhood Parks

• 15 Community Parks

• 26 Regional Parks

• 9 Undeveloped Parks

In February of 2026, Chesapeake City Council approved its new PRT Master Plan, updating it for the first time since 1991. PRT’s number one priority is continuing to take care of the parks and community centers that

Chesapeake residents know and love; the second priority is investing in new Signature Destinations that bring together one-of-a-kind attractions, special events, and programs in our parks. In direct response to the Master

Plan approval, PRT intends to regularly commission park enhancement planning and design tasks to renovate, replace, enhance and develop park facilities citywide in response to citizen desire for improved park conditions. Current and future Capital Improvement projects, as well as a number of grants, have already been approved and are in the process of implementation. Link to Master Plan: PRT Master Plan | Chesapeake, VA

Contracts awarded through this solicitation will be the primary source of park planning contract work awarded by the City of Chesapeake PRT over the next several years. Please see Attachment A - Capital Improvement

Plan SOW, for a sample list of upcoming PRT projects. Future projects will include but are not limited to these examples.

https://www.cityofchesapeake.net/3460/PRT-Master-Plan

3. Scope of Work

3.1. Scope of Services

The anticipated scope of services includes the various landscape architecture, park planning, public engagement, and detailed design and documentation tasks typically necessary to plan, budget, control, permit, bid, and control construction and/or renovation of park improvements. The City anticipates tasks may include, but are not limited to the following project deliverables.

3.2. Project Deliverables

A. Park Planning o Site/park master planning o System amenity planning and prioritization (i.e. – citywide sport court repair planning, etc.)

o Neighborhood engagement when required, including development of support materials (boards, renderings, etc.)

Grant application support for park projects o ADA accessibility review and planning

B. Project Validation and Schematic Design o Alternative site layout design concepts o Site assessments o Site plan and perspective renderings o Permit application and submittal, to include local, state, and federal permits (CBPA, JPA, Section

106, etc.)

C. Detailed Design, Construction Documentation, and Permitting o Park design and construction documentation, including but not limited to:

▪ plans, surveys, specifications and construction documents of sufficient detail to horizontally and vertically control park improvements

▪ Hardscape design and documentation (including utilities, walkways, sport courts, public art, athletic and security lighting, and plazas)

▪ Pathway and trail layout and design

▪ Grading and drainage plans

▪ Specialized amenities such as splash-pad and spray park design, terrain and landscaping

▪ Sports field design

▪ Playground and outdoor park amenity design

▪ Planting design

▪ Irrigation design

▪ Interpretive and wayfinding signage development

▪ Memorial and historical preservation designs

▪ Permit application & support (DEQ checklist and application, ACOE, wetlands delineation, building permits, etc.).

▪ Drawing coordination with subconsultants and/or project teams

D. Budget & Bid Support o Area takeoffs o Design specification and bid documents o Park construction budget estimation o Pre-bid meeting preparation and attendance o Contractor RFI response and bid clarification

E. Construction Administration o Submittal review o Site visits, inspection and assessment for conformance with contract plans o Project supervision and oversight as needed with City staff o Project punch lists and backchecks

4. Schedule of Events

The City will make every effort to adhere to the following schedule leading to the award of a contract;

however, this schedule is subject to change. Offerors will be notified of significant schedule changes.

Release Project Date: September 17, 2026

Submission of Question Deadline: October 5, 2026, 5:00pm

Submission of Response Deadline: October 27, 2026, 5:00pm

Evaluation of Proposals: October 28, 2026

Contract Award: December 1, 2026

5. Conflicts and Questions

Should there be conflicts with the RFP and a proposal, the RFP takes precedence unless otherwise agreed to in writing.

Questions regarding this Park Planning and Landscape Architecture On-Call Services should be directed to

Megan Johnsonvia the City's e-Procurement Portal. All questions and requests for clarification must be received by the Purchasing Division before 5:00 pm Monday, October 5, 2026.

Conflict of Interest: The Offeror represents to the City that it is entering into this agreement with the City does not entail any violation of the Virginia Conflict of Interest Act.

https://procurement.opengov.com/portal/cityofchesapeakeva/projects/286817

6. Proposal Preparation and Submission Instructions

A. Proposals shall be signed by an authorized representative of the offeror. This includes the Letter of Transmittal and acknowledgement of all Addendums. All information requested must be submitted.

Failure to submit all information requested may result in the Purchasing Division requiring prompt submission of missing information, giving a lowered evaluation of the proposal, or finding the proposal non-responsive. Mandatory requirements are those required by law or such that they are determined in the sole discretion of the Procurement Administrator to be formalities that 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. Elaborate brochures and excessive promotional materials are not required or desired.

C. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph should reference the paragraph number of the corresponding section of the RFP. Offeror shall adhere to the instructions outlined in Section 7 (“SPECIFIC PROPOSAL INSTRUCTIONS”) for submitting a completed proposal. The proposal should contain a table of contents which cross references the RFP requirements. Information which the Offeror desires to present that does not fall within an area of the requirement of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized as outlined risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed. The following information must be contained in the proposal. Proposals submitted are to conform to the following:

1. The minimum font size shall be 10-point.

2. Page size shall be limited to 8.5 by 11-inch paper.

3. Proposals shall be submitted as one (1) electronic PDF document and be as thorough and detailed as possible so that the Selection Committee may properly evaluate the offeror’s capabilities to provide required services.

D. As used in this RFP, the terms "must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. The terms "should" or “may” are highly desirable, and would be useful, but their absence will not have a large impact and they are not absolutely necessary. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal. As used in this RFP, the terms “successful offeror” and “consultant team” both refer to an offeror which is awarded a contract pursuant to this RFP, and are used interchangeably.

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

however, the offeror must invoke the protections of § 2.2-4342(F) of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document or prequalification application, line-item prices, and total proposal prices as proprietary or trade secrets is invalid and such documents will be disclosed in full upon request by the public, as required by law.

F. Any and all costs or expenses incurred or associated with the preparation of responses to this Request for Proposals, including site visits, oral presentations and any other costs shall be entirely the responsibility of the offeror and shall not be reimbursable in any manner by the City.

G. The City reserves the right to reject any or all proposals, to waive any technicalities in proposals received, and to negotiate and to accept the proposal which shall be in the City’s best interest.

H. The City may cancel this Request for Proposals at any time prior to an award and is not required to furnish a reason why a particular proposal was not deemed the most advantageous.

I. The right is reserved, as the interests of the City may require, to revise and amend the specifications prior to the date set for acceptance of proposals; the acceptance date may be postponed if deemed necessary by the Procurement Administrator. Such revisions and amendments, if any, will be announced by an addendum to this solicitation and posted on the City's e-Procurement Portal.

7. Specific Proposal Instructions

Format and Content of Proposal: Offerors should organize their proposals using the following TABBED-

SECTION format. Proposals should be as thorough and detailed as possible so that the City may properly evaluate your capabilities to provide the required services. The proposal should address the items included in the Scope of Services and in the Criteria for Proposal Evaluation. Proposals should provide straightforward and concise responses to requests for information and descriptions of qualifications and capabilities. One full copy of the proposal should be uploaded and submitted via the City’s OpenGov website with all documentation in a single volume. Failure to do so will result in a lowered evaluation. Incomplete proposals may be determined nonresponsive.

In order to be considered for selection, Offerors must submit a complete response to this solicitation via the

City's e-Procurement Portal.

Tab 1: Letter of Transmittal

A. A brief executive summary of the Offeror’s understanding of the services sought through this RFP, and description of the underlying philosophy of the Offeror in providing the services.

B. The name, position, address, telephone number, and email address of the individual(s) who are authorized to make representations on behalf of the Offeror.

C. A statement that the signatory on the transmittal letter and the RFP Offer is authorized to bind the

Offeror to contract with the City of Chesapeake.

Tab 2: Qualifications and Experience: The offeror shall provide a concise description of its work experience as it relates to the Scope of Services outlined herein including, but not be limited to:

A. A brief history of the firm, including the number of years in business, the size of the firm, the number of locations in the Tidewater area, and the location of the office from which the work is to be done.

Tab 3: Capabilities and Skills: The offeror shall provide a description of the firm’s capabilities and skills to perform the contract including, but not limited to requirements described in this RFP.

Tab 4: Specific Plan and Methodology to Perform Services/Resources:

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

B. Provide the number, type and qualifications of the offeror’s employee pool. It is the City’s expectation contractor(s) would have an established workforce and recruit based on need.

C. Describe the staff and other resources and subcontractors which will be assigned to this contract and include resumes of those individuals.

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

Innovative solutions will be considered by the City.

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

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

City.

G. A statement explaining process/procedures for conflict resolutions or how issues will be treated and resolved as they arise.

Tab 5: A minimum of four (4) references, preferably public sector/government organizations, where the firm is currently under contract. References can be from clients in both public, nonprofit and private sectors, including the following:

A. Name of organization

B. Address of organization

C. Name, title, email address, and phone, of a contact for the organization

D. Number of years offeror has served the organization

E. Dates of Service

F. Contract Value

Tab 6: Additional or Miscellaneous Information:

A. Other specific items or data requested in the RFP that is not include under a specific

Tab.

B. Offeror shall provide a copy of appropriate license(S) and Certificate of Insurance indicating compliance with the insurance requirements as outlined in the General Terms and Conditions Section.

8. Disclosure of Proposal Contents

Offerors should be aware that the terms of the contract are public information and can be accessed by the public, except as provided herein as to trade secrets and proprietary information. The City or third parties may use any ideas presented in any proposal. Selection or rejection of the proposal does not affect this provision.

9. Evaluation and Award Criteria

Evaluation of proposals will be under the complete jurisdiction of the City and shall be in accordance with the

City of Chesapeake’s Purchasing Policies and Procedures Manual and Chesapeake Code Section 54-67(4). A

Selection Committee to be wholly or primarily composed of representatives from the City will evaluate each proposal received and submit a recommendation to the Procurement Administrator. The Selection

Committee will evaluate each proposal pursuant to its standard procurement procedures consistent with the procurement of services through competitive negotiation. Selection will be made on the basis of responsive/responsible determination, qualifications and experience, references, resources and cost of services. All factors will be scored based solely on the Selection Committee’s evaluation.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications and Experience

See Tab 2 in the Specific Proposal Instructions.

0-10 Points 25 (25% of Total)

2. Capabilities and Skills

See Tab 3 in the Specific Proposal Instructions.

0-10 Points 30 (30% of Total)

3. Specific Plan and Methodology to Perform

Services/Resources

See Tab 4 in the Specific Proposal Instructions.

0-10 Points 20 (20% of Total)

4. Quality of work previously performed by the firm for the City, or similar sized governmental agency.

See Tab 5 in the Specific Proposal Instructions.

0-10 Points 25 (25% of Total)

10. Oral Presentations

Offerors who submit a proposal in response to this RFP may be required to give an oral presentation and engage in discussion of their proposal. This will provide an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and will not include negotiation. The City will schedule the time and location of these presentations. Oral presentations are typically conducted with at least the two offerors deemed most qualified, responsible, and suitable on the basis of the written proposals

(but see next). If oral presentations are conducted of a short list of Offerors ranked most highly by the

Selection Committee based on written proposals, the evaluation criteria will be same as that for the written proposal.

Should the Procurement Administrator determine in writing and in his sole discretion upon recommendation by the Selection Committee that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that

Offeror without an interview or discussion stage. In the case multiple awards are recommended, the foregoing provision may apply to multiple Offerors with whom negotiation is recommended.

11. Award of Contract

A. Procurement of professional services. The Procurement Administrator or designee shall engage in individual discussions with two or more offerors deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible. The offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. In addition, offerors shall be informed of any ranking criteria that will be used to evaluate professional competence of the offeror. At the discussion stage, the

Procurement Administrator or designee may discuss nonbinding estimates of total project costs, including but not limited to life-cycle costing, and, where appropriate, nonbinding estimates of price for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, the Procurement Administrator or designee shall select, on the basis of evaluating factors published in the request for proposal and all the information developed in the selection process to this point, in order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the city can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request for proposal, a contract may be awarded to more than one offeror. For architectural or engineering services relating to multiple construction projects, if an award is made to more than one offeror, the issuing department or request for proposal must have a procedure for distributing multiple projects among the selected contractors during the contract term that is not based solely on price. Should the Procurement Administrator or designee determine in writing and in his or her sole discretion upon recommendation by the Selection Committee that only one offeror is fully qualified or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror.

B. Award to Multiple Offerors: The City of Chesapeake reserves the right to make multiple awards as a result of this solicitation. The award(s) will be made to the highest ranked offerors who meet the requirements of the solicitation. In the event that this contract is awarded to multiple contractors, task orders will be distributed based on factors other than solely price, such as availability, expertise, and experience. Work under these contracts for specific projects will be managed by task orders executed between the City and selected contractors.

C. Negotiations: following the oral presentations (if any), negotiations shall be conducted as follows:

1. Negotiations shall be conducted by the Chairperson, or designee(s), with the offerors ranked first and second (and possibly additional offerors based on potential multiple awards as determined in the best interest of the City). If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, and which defines precisely the scope of services to be provided, conditions of the professional agreement, work plan and schedule, personnel and method of payment, the award of the contract shall be made to those offerors, otherwise, negotiations with the offeror ranked first and/or second shall be formally terminated as set forth below, and negotiation conducted with the next most highly ranked offeror, and so on until such a contract (or multiple contracts, if in the City’s best interest) can be negotiated at a fair and reasonable price.

2. If negotiations with the offeror ranked first are to be terminated, the Chairperson of the Selection

Committee shall forward a notice of intent to terminate negotiations to the City Manager, with an explanation of the points which cannot be agreed upon, requesting the City Manager’s concurrence in this action. Upon receipt of the City Manager’s concurrence, the Chairperson of the Selection committee shall promptly notify the offeror in writing and then begin negotiations with the offeror chosen second. If the City and any offeror cannot reach agreement, their negotiations shall be terminated in writing.

3. For competitively negotiated procurements, once evaluation and negotiations have been completed with selected Offeror(s), the Purchasing Division may prepare a written narrative summarizing the rationale for the criteria that are developed for each proposal negotiated. The summary shall address the merits of the proposal relative to the evaluation criteria. The City is not however, required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Only offerors may inspect the proposal records after evaluation and negotiations are complete, but prior to award (Chesapeake

City Code § 54-75 and Code of Virginia, § 2.2-4342(D)). Once negotiations have been finalized, the

Purchasing Division staff shall complete an evaluation summary and place in the procurement file. This worksheet for each Offeror negotiated with should be a compilation of the evaluation committee’s ratings.

D. A Request for Proposals or other solicitation may be cancelled, or any or all bids or proposals may be rejected, in whole or in part, when the Procurement Administrator or designee determines that it is in the best interest of the City to do so (City Code § 54-68). The reasons for such action shall be made part of the contract file.

E. The City may waive informalities in bids. "Informality" means a minor defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid, or the Request for Proposal, which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

F. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

12. Period of Performance

The resulting contract shall be for a period of one (1) year and may be renewed for three (3) additional one (1) year terms upon written agreement of the parties.

13. Pricing/ Fee Schedule

At the negotiation stage of the evaluation process, Offerors shall provide a Service Fee based on the requirements of the terms set forth in the RFP.

Hourly rates established under this Contract shall include: Pricing shall be based on the requirements and terms set forth in this RFP. Pricing shall be all-inclusive covering every aspect of the contract. No additional fees shall be added unless authorized by the City.

Proposals shall provide pricing based on the requirements and terms set forth in this RFP. Price/fee proposal shall be all inclusive covering all work detailed in this RFP (including, without limitation, all costs for personnel, labor, materials, equipment, supplies, taxes, insurance, travel and accommodations, and overhead) and be a firm fixed price for the initial contract period. Price adjustments shall be in accordance with Renewal of

Contract provisions of this RFP. No additional fees shall be added unless authorized by the City.

Administrative items such as fax transmissions, long distance phone calls, mailing services, courier services, and materials required in the preparation of presentations, cost of reports, submittals and other expenses deemed typical for conducting of business of this nature.

And, unless otherwise expressly agreed in a Fee Proposal and subject to non-salary direct costs governed by

Federal Acquisition Regulation (FAR) as to a federalized project, transportation to and from job sites, vehicles, fuel, vehicle maintenance, cell phones, personal computers, printers, cameras, video equipment, software, general office supplies, home office, office and administrative support, materials testing equipment and all overhead and incidental costs.

14. Vendor Required Information

1. Proposal*

*Response required

2. Are There Any Supplemental Agreements?*

Supplementary agreements, such as Master Service Agreements (MSAs), Service Level Agreements (SLAs), Non-Disclosure Agreements (NDAs), or other relevant documents that you would like considered for the final contract, must be submitted along with your response.

☐ Yes

☐ No

*Response required

When equals "Yes"

2.1. If you answered “Yes” to question 3, please upload your supplemental agreements here and submit with your proposal response. *

*Response required

3. Certification of Compliance with Immigration Laws and Regulations*

Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• CERTIFICATION_OF_COMPLIANCE...

*Response required

4. Virginia State Corporation Commission (SCC) Registration Information*

AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so, required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described LISTED that enters into a contract with a public body pursuant to the

Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under https://government-project.s3.us-west-2.amazonaws.com/85579/a11e714b-3088-41c4-a861-02a5206c4e37_CERTIFICATION_OF_COMPLIANCE_WITH_IMMIGRATION_LAWS_AND_REGULATIONS.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4LSBPGXQ7%2F20260917%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260917T145922Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEGYaCXVzLXdlc3QtMiJIMEYCIQDVTWQFvrV%2FMVW1ra5ivp2OlHQ2q21Tvg38M%2BQVeEqnbgIhAJ0gB2FosLPW5p6ZQF0vq26pFRyb4l%2Bf93Y3AGuXzRVAKowFCC8QAhoMODkyMzY0Njg3NjcyIgwvd6MW6qzW9mQLTbQq6QTejlgvp77pHIHk8RYqsulLLrceiVz6c%2BA63GF30fZ2QppEZ9OkBzA%2BETE0eZNEhTv2mNJjDQ5%2FuwCbAlb4hUyciO%2FPXTuVDbao7xAz5LmeOQGwFL08PEyHePFbeX5956UU3JZfizBbWykrysDr2GygtEIJZlvJeNlqQ8t2HhZFAbM%2BO9H8r3z9A10YCWl8F0Px4LOjr7i%2BplwsrjVl1p2OBorCaZECSReNFC4yhZbsKvZUQsqCupr1EY90FponbLWufAoTkqQrnJDdzn2cCZf5cJilICZKRLz%2F2L4gGUZSeY8liFwKtLNlFg3dotI1dNid02GGzAG5g5HSgqY765xljvKDyXsE8XZWHhm3hi5CBa0N1g1jMgQbwcY8PyE5grJdvoTYAIgC2JbptZ4n0pZhGODSaCMBnIDQpQS110ZxNnBoK01RNv2UIzzJQVkmu81AuI8iOtt72G1ydGWQdVS5ypMrYcMQXhizplm30UdWKs22NLMIKUkPMxTtujZYcttcZS4v%2BjwNm5GPN9d6X3IOJnTRSTxvKC4tE8pIuXNuzqbVeA8lW5pphVMOVWpLr188tlbme6wxgPkPkP8n3iaAV78VY26mzMIKSTdrG29ESCyLcBNjXFT8M5l90Y0suQ7lCacvBHB8ToZC2taA3MCrgpgWHFYhgGC6v64T424YwORgSPpHGhOBBvMkT9%2FNDoX3lOgNyCtSYZISh7BheLEK%2FBS7%2BLUEuxCM7rQb6SXsU1OdBUMtjJhIq4nWyvSaNaWD43GUva2xwNEQUoi96SafsdP00xeXP%2BHTo7qO1LU%2FQlTmrrq6fb0UMTCb7K%2FVBjqYAZzDGiU7%2FtdwDq1PF0OPhlrHfcRnUaf7vXCa4lC67O5wSpRQTLMklP%2B22J5PxJ%2BbSzwYVOzoufU4zW95zxya1PmyD%2BLM61h1pUltnOHRNuJepzrP1dW940%2BJOFnk5WdMDaUkNrvybmQsYVk3urqRAIACXRnDNLQMjfxHbEp1nwD%2Bs3%2FEFoXExQSxW8yMZoKEfwHLF%2BaiVl8w&X-Amz-Signature=d2c99af3bdc7ccbed382afedb71edfafe054d95ce50da33f3dc29f4045e5ef03&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22CERTIFICATION_OF_COMPLIANCE_WITH_IMMIGRATION_LAWS_AND_REGULATIONS.pdf%22&x-id=GetObject

Title 13.1 or Title 50 or as otherwise required by law must indicate by selecting one of the following reasons why the bidder or offeror is not required to be so authorized:

☐ is a corporation or other business entity with the SCC identification number

☐ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust

☐ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location)

☐ is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

☐ If the business entity has not completed any of the foregoing options but currently have pending before the

SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids (The

City of Chesapeake reserves the right to determine in its sole discretion whether to allow such waiver).

*Response required

5. Litigation Disclosure Form

Respond to each of the questions below by checking the appropriate box. Failure to fully and truthfully disclose the information required by this Litigation Disclosure Form may result in the disqualification of your bid or proposal from consideration or termination of the contract, once awarded. For purposes of this disclosure form, “you” means the individual or entity in whose name the bid or proposal is submitted.

5.1. Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been convicted of a felony, or a misdemeanor involving moral turpitude, during the last ten (10) years? *

☐ Yes

☐ No

*Response required

5.2. Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been terminated from any work being performed for the City of Chesapeake or any other governmental entity in the Commonwealth of Virginia during the last ten (10) years?*

☐ Yes

☐ No

*Response required

5.3. Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been involved in any claim or litigation with the City of Chesapeake or any other governmental entity in the Commonwealth of Virginia during the last seven (7) years?

☐ Yes

☐ No

*Response required

5.4. Has any parent company or wholly owned subsidiary of your company been involved in any claim or litigation with the City of Chesapeake or any other governmental entity in the Commonwealth of Virginia during the last seven (7) years? *

☐ Yes

☐ No

*Response required

5.5. If you answered “Yes” to any of the above questions, please state the name(s) of the person(s), the nature, and the status and/or outcome of the conviction, termination, claim or litigation, as applicable. Any such information should be provided on a separate page, attached to this form and submitted with your bid or proposal.

5.6. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER*

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under

Title 13.1 or Title 50 or as otherwise required by law is required to include a statement describing why the bidder or offeror is not required to be so authorized.

*Response required

6. Small, Women-Owned, Minority-Owned (SWaM) and Service Disabled

Veteran-Owned Business

A certified SWaM Business is one that holds a current certification from the Virginia Department of Small

Business and Supplier Diversity (SBSD), the U.S. Small Business Association (SBA), the Women’s Business

Enterprise National Council (WBENC), National Minority Supplier Development Council (NMSDC) or from other

U.S. State and some Local Government Supplier Diversity Programs.

6.1. Is your company a certified Small, Woman or Minority Owned (SWaM) Business or

Disadvantaged Business Enterprise?*

☐ Yes

☐ No

*Response required

6.2. Certification Type

If applicable, what is your company’s certification type?

Select all that apply

☐ Small Business

☐ Woman-owned Business

☐ Minority-owned Business

☐ Service Disabled Veteran (SDV)

☐ Disadvantaged Business Enterprise (DBE)

6.3. SWaM Certificate/Supporting Documentation

If applicable, attach any supporting documentation, including certificates, in regards to your company's SWaM status.

15. Required General Terms and Conditions for Professional Services

15.1. CLARIFICATION OF TERMS

If any bidder/offeror has questions about the specifications or other solicitation documents, the bidder/offeror should contact the buyer whose name appears on the face of the solicitation no later than 5 working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the City.

15.2. MANDATORY USE OF CITY FORM

Failure to submit a bid on the official City form provided for that purpose shall be a cause for rejection of the proposal. Modification of or additions to any portion of the proposal may be cause for rejection of the proposal; however, the City reserves the right to decide on a case by case basis, in its sole discretion, whether to reject such a proposal as nonresponsive. As a precondition to its acceptance, the City may, in its sole discretion, request that the offeror withdraw or modify nonresponsive portions of a proposal which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

15.3. ANTITRUST

By entering into a contract, the Consultant conveys, sells, assigns, and transfers to the City of Chesapeake all rights, title and interest in and to all causes of 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 services acquired by the City of Chesapeake under said contract.

15.4. DEBARMENT STATUS

By submitting their bids/proposals, bidders/offerors certify that they are not currently debarred by the

Commonwealth of Virginia or any political subdivision or agency of the Commonwealth from submitting bids/proposals on contracts for the type of services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

15.5. IMMIGRATION REFORM AND CONTROL ACT OF 1986

By submitting their (bids/proposals), (bidders/offerors) certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal

Immigration Reform and Control Act of 1986.

15.6. ETHICS IN PUBLIC CONTRACTING

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

15.7. ANTI-DISCRIMINATION

By submitting their proposals, offerors certify to the City that they will conform to the provisions of the

Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans With Disabilities Act and §

2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Code of Virginia, § 2.2-4343.1E).

During the performance of this contract, the contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law or federal law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause

B. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

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

D. The contractor will include the provisions of a., above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

15.8. APPLICABLE LAWS AND COURTS

A. This solicitation and any resulting contract shall be governed in all respects by the laws of the

Commonwealth of Virginia, and any litigation with respect thereto shall be brought in in the courts of the City of Chesapeake, Virginia, or the United States District Court for the Eastern District of Virginia, if independent federal jurisdiction exists. The Consultant shall comply with all applicable federal, state and local laws, rules and regulations. This solicitation is governed by provisions of Chapter 54 of the

Chesapeake City Code, and any revisions thereto, which are hereby incorporated into this contract by reference. Contact the Purchasing Division at (757) 382-6359, for more information. The City Code may be read online at https://library.municode.com/va/chesapeake/codes/code_of_ordinances.

15.9. PROCUREMENT ORDINANCE

This solicitation is subject to the provisions of the City of Chesapeake Procurement Ordinance and Chesapeake

Purchasing Policies and Procedures Manual. A copy of the City’s ordinance and Chesapeake Purchasing Policies and Procedures Manual is available for review at the purchasing office or accessible on the Internet at www.CityOfChesapeake.net/Purchasing.

15.10. PAYMENT

A. To Consultant:

1. Invoices for services rendered shall be submitted by the Consultant directly to the payment address shown on the purchase order/contract. All invoices shall show the City contract number and/or purchase order number; social security number (for individual Consultants) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment

30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

3. All services provided under this contract or individual purchase order, that are to be paid for with public funds, shall be billed by the Consultant at the contract price, regardless of which City department is being billed.

4. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

5. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Consultants should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the

City shall promptly notify the Consultant, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Consultant may not institute legal action unless a settlement cannot be reached within 30 days of notification. The provisions of this section do not relieve a department of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

https://library.municode.com/va/chesapeake/codes/code_of_ordinances http://www.cityofchesapeake.net/Purchasing

B. To Subcontractors:

1. A Consultant awarded a contract under this solicitation is hereby obligated:

a. To pay the subcontractor(s) within 7 days of the Consultant’s receipt of payment from the City for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

b. To notify the Purchasing Division and the subcontractor(s), in writing, of the Consultant’s intention to withhold payment and the reason.

2. The Consultant is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the

Consultant that remain unpaid 7 days following receipt of payment from the City, except for amounts withheld as stated in (a)(2) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier consultant performing under the primary contract. A Consultant’s obligation to pay interest to a subcontractor shall not be construed as an obligation of the City.

15.11. CLAIMS

In the event that a different administrative claim resolution process is not provided in the solicitation, the following claim process shall apply. In the event of a contractual dispute, Consultant must submit a written notice of the dispute specifically entitled “notice of intent to file a claim” within ten (10) days of the occurrence on which the claim is based to the City Manager or designee. No more than thirty (30) days from the occurrence on which the claim is based, the Consultant must submit a written statement of the basis of the claim together with a proposed remedy and all supporting evidence of the claim to the City Manager or designee. The timely and complete filing of the notice and claim are a prerequisite to recovery by the

Consultant, and failure to follow the claim process stated herein shall operate as a conclusive waiver of the claim by the Consultant. Oral notice, the actual knowledge of a City employee or official, or an untimely or incomplete written notice and claim shall not be sufficient to satisfy the requirements of this provision.

The Consultant may not institute legal action prior to the receipt of a final written decision by the City

Manager or designee unless the City Manager or designee fails to render a decision within ninety (90) days of the submission of the claim.