Engineering Services RFP for the Town of Ashland Final.pdf

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TOWN OF ASHLAND

REQUEST FOR PROPOSAL

#2026-0820

ENGINEERING SERVICES

DEPARTMENT OF PUBLIC WORKS

Title: Qualifications to provide Engineering Services to the Town of Ashland

Issue Date: August 20, 2026 Proposal Due: September 16, 2026, 4:00 pm Issued by: Town of Ashland, Virginia Bernadette Cornelius, CMC, VCA Purchasing Agent (804) 798-1073 Town of Ashland 121 Thompson Street PO Box 1600 Ashland, VA 23005 purchasing@ashlandva.gov

Electronic and paper bids accepted. Bids are to be submitted electronically (in Adobe PDF format) to eVA (Virginia’s eProcurement Marketplace). For assistance, contact eVA Customer Care at 1-866-289-7367. Paper bids are to be submitted to Purchasing, Town of Ashland, 121 Thompson Street, PO BOX 1600, Ashland, VA 23005

The Town of Ashland reserves the right to accept or reject any or all proposals, to waive informalities, and to reissue any request for proposals. The Town also reserves the right to award contracts as it deems will best serve its interest.

Interested bidders MUST contact the purchasing office to be added to the bid holders list so that they may be notified of changes or addenda (Purchasing Agent: Bernadette Cornelius at purchasing@ashlandva.gov or call 804-798-1073). A bid may be rejected if all addenda are not included.

Paper Proposals must be submitted in a sealed envelope with (3) three copies, addressed to Bernadette Cornelius, Purchasing Agent, Town of Ashland, 121 Thompson St., P. O. Box 1600, Ashland, Virginia 23005. Each sealed envelope containing a Proposal must be plainly marked on the outside as "RFP NO. 2026-0820 Qualifications to provide Engineering Services to the Town of Ashland, Town of Ashland, 2026" and the envelope should bear on the outside the name of the Bidder, address, and license number, if applicable. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the Purchasing Agent at Town of Ashland, Virginia, P.O. Box 1600, Ashland, Virginia 23005.

mailto:purchasing@ashlandva.gov

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Any proposal received after 4:00 pm, Wednesday, September 16, 2026, whether by mail or otherwise, will remain unopened. Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals.

The Town of Ashland reserves the right to accept or reject any or all proposals, to waive informalities, and to reissue any request for proposals. The Town also reserves the right to award the contract as it deems will best serve its interest, including awards to multiple Engineers.

The TENTATIVE SCHEDULE is as follows:

August 20, …………….…………………………………….. RFP Issued September 8th …….………………………………….…….. All questions submitted in writing

September 9th ………………………………………………. Addendum published if warranted September 16th at 4 pm…………………………………..Proposal Due October 5th ………….………………………………………… Proposal Ranking for Interviews October 13th & 14th ………………………………………… Interviews November ……………………………………….….…………. Negotiations & Intent to Award December ………………………………………………………. Notice of Award to Town Council

Any questions concerning this Request for Proposal should be directed in writing on or before September 8th, 2026, to: Bernadette Cornelius, CMC, VCA, Purchasing Agent, purchasing@ashlandva.gov.

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I. PROJECT DESCRIPTION

The Town of Ashland is seeking professional engineering services to provide the Public Works Department with engineering services on an “as needed” basis for the following categories of projects:

Project A – Design of roadways, drainage projects, parks, other municipal facilities, or other projects as may be required. Provide survey services if needed. Assist in developing specifications and bid documents when needed. Assist in Construction Materials Testing (CMT) and/or Construction Engineering and Inspection when required. Project may involve State and/or Federal funding; therefore, assisting in meeting requirements of these types of projects may be necessary.

Project B – Review plans, drawings, calculations, traffic impact analyses and other materials submitted by developers and other engineering firms as part of the site plan review process, subdivision process or other regulatory review process. Provide written feedback to both Town Staff and the applicant regarding the compliance of submittals with all applicable ordinances, regulations and sound engineering practices. Respondents should anticipate a primary review and a secondary review of the applicant’s revised materials.

Project C – Assist the Town of Ashland in meeting requirements of the MS4 General Permit, VSMP regulation, and any other stormwater-related regulations or laws.

Assignments shall be performed under the following guidelines:

1. Services will be provided on an “as needed” basis for projects requested by the Town of Ashland.

2. Prior to beginning work on any project, the Engineer shall meet with the appropriate Town staff to obtain the parameters for the project and to develop the proposed work scope, schedule, and other requirements.

The Engineer shall evaluate existing conditions, including making site visits and any other activities necessary to properly assess the project.

3. The Engineer shall prepare a written Scope of Services, estimate of engineering fees to perform the work, proposed project schedule, and estimate of the total project construction cost. The Engineer will submit,

- 4 -if requested, projected man-hours by employee classification, estimated types and number of tests, etc., to the Town project representative.

Fixed fees for each project shall be established based upon hourly fees for work actually performed and/or fixed fees for specific tests performed consistent with the fee schedule incorporated in the contract.

Any agreed upon fee for the project shall include all professional fees, subcontracted work, and estimates of reimbursable expenses.

4. Surveying services may be included in the project scope, and fee estimates only to the extent required for the specific project. The Town may maintain an “as needed” surveying contract and reserves the right to use the contract vendor for surveying services if this is deemed to be in the best interest of the Town.

5. Reimbursable expenses shall be paid at cost.

6. The contract for work shall not be exclusive to the successful Engineer.

The Town reserves the right to contract with firms not party to this contract for similar work if it determines this to be in its best interests.

II. SCOPE OF SERVICES

The Town of Ashland desires to enter into a contract for the services of one or more engineers to provide the following services as needed: survey, design, traffic impact analysis, obtain permits, develop programs, supervise and/or manage construction projects, and other related services. It is the Town’s intention to award projects to one or more engineers.

For selected construction projects, the Engineer will be asked to provide the Town with the necessary plans, specifications, contract documents, and final applications for environmental permits so that the Town may solicit competitive bids for the improvements and/or construction of the projects.

The Engineer may be requested to assist with the bidding process.

In addition, the Engineer may be asked to perform Construction Engineering and Inspection (CEI) services and Construction Materials Testing (CMT). The Engineer may need to complete VDOT and/or FHWA forms on behalf of the Town and may be asked to manage and maintain construction record files.

The description of the work is general in nature and is provided only for preliminary planning. For each project assignment, the Engineer shall perform the necessary review, based on the Town’s objectives, the

- 5 -parameters and constraints provided by the Town, and a field survey, to verify the scope of each project. The Engineer shall consider the review in determining the cost for his services.

Included in the scope of services provided by the Engineer for all projects shall be all necessary meetings with the Town staff, Town Council and all affected Federal and State regulatory agencies.

The Engineer shall perform professional engineering services as herein stated, which include normal civil engineering services, normal surveying services incidental thereto, and environmental work necessary to obtain environmental permits required for project construction. The Engineer represents that it will perform all tasks in accordance with generally accepted professional standards and the Engineer further represents that it will provide the Town with the best possible advice and consultation within Engineer’s authority and capacity as a professional engineer. The Engineer will comply with the regulations, laws, ordinances and requirements applicable to the projects.

The Engineer may be called on to provide personnel, diagrams, plans and informational materials to assist the Town in the preparation and the conduct of public hearings, depending on the particular project.

III. PROPOSAL REQUIREMENTS

Proposals shall not exceed thirty-five (35) pages, excluding required forms and certifications.

Proposals shall include:

• Cover Letter

• Firm Qualifications and Relevant Experience

• List of Similar Projects Completed in the last ten (10) years

• Three (3) professional references

Offerors are to make written proposals which present the offerors’ qualifications and understanding of the work to be performed. Offerors are asked to address each evaluation criterion and to be specific in presenting their qualifications. Your proposal should provide all the information which you consider pertinent to your qualifications for this project.

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IV. SELECTION PROCESS

A. EVALUATION CRITERIA include, but are not necessarily limited to:

1. Priority assigned to Town Projects.

2. Depth and variety of staff disciplines available:

(a) resumes of key individuals

(b) education

(c) staff size

(d) expertise

3. Managerial capabilities:

(a) ability to manage several projects simultaneously and expeditiously

(b) approach to problem/task resolution

(c) management staff and amount of direct participation

i. demonstrated interest of consultant

ii. firm’s principals and direct participation in proposed projects

(d) means of controlling project scope

(e) evaluation techniques

(f) data gathering methods

(g) communication procedures

(h) team organization and amount of experience as a team

4. Familiarity with Federal, State and Local codes, conditions and ordinances where essential to proper performance. In particular, knowledge of the elements required for establishing a local program under the pending VSMP regulations.

5. Past performance record and relevant experience:

(a) references – showing names, addresses and phone numbers (*The Town reserves the right to contact previous clients and inspect both on-site and design work).

(b) quality of work, timeliness, diligence, ability to meet budget

6. Fiscal stability

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7. Overall quality of firm and proposal (includes reputation and integrity with the engineering community)

8. Technical capabilities:

(a) description of facilities and production capabilities

9. Estimates of hourly fees obtained during discussion stage

B. SELECTION PROCEDURE

The Town shall engage in individual discussions with two or more offerors it deems to be fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services for the project. At the conclusion of discussion, on the basis of evaluation factors published herein and all information developed in the selection process to this point, the Town shall select in the 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 Town can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated, and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the Town determine in writing and in its sole discretion 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.

V. CONTRACT TERM, TERMINATION AND OWNERSHIP OF DOCUMENTS

The Engineer chosen will be required to execute a Standard Form of Agreement between Owner and Engineer for Professional Services. The term of the contract will be from the date of signing through December 31, 2027.

Should any services related to a specific project be started and not be able to be completed prior to the expiration of the initial contract term, the contract may be extended as necessary for the specific project

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The OWNER reserves the right to renew the Contract upon MUTUAL AGREEMENT with the ENGINEER up to a period of four (4) additional 12-month periods. For future contract periods, unless otherwise specified, price increases shall be limited to the percentage increase in the Consumer Price Index, Urban Wage Earners and Clerical Workers (CPI-W), U.S. Department of Labor, Bureau of Labor Statistics. The base price to which any adjustments will be made shall be the prices in effect during the contract term prior to the proposed term.

VI. SUBMISSION INSTRUCTIONS

IDENTIFICATION OF BID/OFFER ENVELOPE: Electronic submission through eVA preferred. If not submitted electronically, the signed bid/offer should be returned in a separate envelope or package, sealed and identified as follows:

From:

Name of Bidder/Offeror Due Date Time

________________________________ RFP#2026-02

Street or Box Number City, State & Zip Code

The envelope should be addressed as:

NAME AND ADDRESS OF FIRM:

Date:

By:

Name:

Signature in Ink

Title:

Please Print eVA Vendor ID Telephone No.

E-mail Address:

The Bidder/Offeror takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised, which may cause the bid/offer to be disqualified. Bids/Offers may be hand-delivered to the designated location in the office issuing the solicitation. No other correspondence or other bids/offers should be placed in the envelope.

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The Point-of-Contact (“POC”) for the Town will be Purchasing - Bernadette Cornelius, bcornelius@ashlandva.gov, 804-798-9219 or Public Works Director – Mike Jenkins, mjenkins@ashlandva.gov, 804-752-6875

IX. TERMS AND CONDITIONS

1.0 eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, website portal https://eva.virginia.gov, streamlines and automates government purchasing activities. All vendors desiring to provide goods and/or services to the Town shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All Bidders or Offerors must register in eVA, failure to register may result in the bid being rejected. The Town advertises all competitive solicitations on eVA but does not issue purchase orders or contracts through eVA unless required to by the terms and conditions of a state-issued contract.

1.2 ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Town will publicly post such notice in eVA (https://eva.virginia.gov) for a minimum of 10 days.

1.3 ANTI-DISCRIMINATION: By submitting their bids/offers, Bidders/Offerors certify to the Town 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).

In every contract over $10,000, the provisions in A and B below apply:

A. During the performance of this contract, the Contractor agrees as follows:

mailto:bcornelius@ashlandva.gov mailto:mjenkins@ashlandva.gov https://eva.virginia.gov/ https://eva.virginia.gov/

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1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification 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.

2. 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.

3. 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.

B. 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.

1.4 IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that they do 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.

1.5 PRECEDENCE OF TERMS: The following General Terms and Conditions: ANTI-

DISCRIMINATION, APPLICABLE LAWS AND COURTS, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986,

DEBARMENT STATUS, MANDATORY USE OF TOWN FORM AND TERMS AND

CONDITIONS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

1.6 APPLICABLE LAWS AND COURTS: This solicitation is governed by the laws of the Commonwealth of Virginia. Any dispute or controversy arising out of or relating to this solicitation or otherwise shall be brought in the Hanover County Circuit Court or in the United States District Court for the Eastern District of Virginia, Richmond Division; provided, however, that prior to the instigation of any such action (other than an action for equitable relief) a meeting shall be held at a mutually agreed upon location, attended by individuals with decision-making authority to attempt in good faith to negotiate a resolution of the dispute.

1.7 CONTRACT TERM, TERMINATION, AND OWNERSHIP OF DOCUMENTS

The BIDDER/OFFER chosen will be required to execute a Standard Form of Agreement between the Town and the Engineer for Professional Services.

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The term of the contract will be from the date of signing through December 31, 2027. Should any services related to the specific project be started and not be able to be completed prior to the expiration of the initial contract term, the contract may be extended as necessary for the specific project.

The Town reserves the right to terminate the contract upon thirty (30) days written notice to the BIDDER/OFFERER. In the event of termination pursuant to this paragraph, which is not the fault of the BIDDER/OFFERER, the BIDDER/OFFERER shall be paid for all services provided and allowable reimbursable expenses incurred through the date of termination. The contract will automatically terminate upon failure of the Ashland Town Council to appropriate funds for its continuance.

In the event of termination for any reason, all finished or unfinished documents, data, studies, drawings, maps, specifications, records, and reports prepared by the BIDDER/OFFERER under this contract shall become the property of the Town and be delivered to the Town by the BIDDER/OFFERER, or successor, for use by the Town in completing the project. Such use by the Town shall not result in additional compensation to the Engineering Firm.

1.8 AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the Town shall be bound hereunder only to the extent of lawfully appropriated funds.

1.9 BID PRICE CURRENCY: Unless stated otherwise in this solicitation, Bidders shall state bid prices in US dollars.

2.0 BIDDER, OFFEROR AND CONTRACTOR COMPLIANCE: All Bidders, Offerors and Contractors shall comply with the Virginia Public Procurement Act, (Code of Virginia § 2.2-4300, et seq.), and all applicable Town policies, regulations and procedures adopted pursuant thereto.

2.1 CONTRACT CHANGES: Any changes to the contract must be approved through the issuance of a written contract addendum or change order. The Town will not assume responsibility for the cost of any changes made without the issuance of a written contract addendum or change order.

2.2 DEBARMENT STATUS: By submitting their bids, Bidders/Offerers certify that they are not currently debarred by the Town from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

2.3 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Town, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, from other sources and hold the Contractor responsible for

- 12 -any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Town may have.

2.4 DEFINITION OF TOWN: Purchasing-Town of Ashland provides purchasing support for the Town of Ashland Government, hereinafter referred to as the Town.

2.5 ETHICS IN PUBLIC CONTRACTING: By submitting their bids/offers, Bidders/Offerers certify that their bids/offers are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder/Offerer, supplier, manufacturer or subcontractor in connection with their bid, 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.

2.6 FORCE MAJEURE: If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party’s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of Force Majeure shall rest solely with the Town.

2.7 INDEMNIFICATION: Contractor agrees to indemnify the Town, its officers, agents, and employees for any loss, liability, cost (including attorney’s fees), or reasonable settlement cost incurred as a result of any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the Town or to failure of the Town to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered. The Town will not agree to indemnify the Contractor.

2.8 INDEPENDENT CONTRACTOR: The Contractor is an independent

Contractor, and nothing contained in the contract shall constitute or designate the Contractor or any of its agents or employees as employees of the Town.

2.9 NOTIFICATION: Any notice required by the contract shall be effective if given by registered mail, return receipt requested, to the Contractor in the name and at the address given in their bid/offer; provided that a change of address shall be effective if given in accordance with this paragraph.

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Unless otherwise specified, any notice to the Town shall be given to:

Purchasing-Town of Ashland, 121 Thompson Street, PO BOX 1600, Ashland, VA 23005. The Contractor agrees to notify the Town immediately of any change of legal status or of address.

3.0 QUALIFICATIONS OF BIDDERS/OFFERORS: The Town may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder/Offeror to perform the services/furnish the goods, and the Bidder/Offeror shall furnish to the Town all such information and data for this purpose as may be requested. The Town reserves the right to inspect the Bidder’s/Offeror’s physical facilities prior to award to satisfy questions regarding the Bidder’s/Offeror’s capabilities. The Town further reserves the right to reject any bid if the evidence submitted by, or investigations of, such Bidder/Offeror fails to satisfy the Town that such Bidder/Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

3.1 ROYALTY AND LICENSE FEES AND COPYRIGHT, TRADEMARK, AND PATENT

PROTECTION:

A. By submitting their bid/proposal, Bidders/Offerors certify that there will be no violation of copyrights or patent rights in manufacturing, producing, or selling the commodities or services to be ordered as a result of this solicitation.

B. Unless specified otherwise in the contract, the Contractor shall pay all royalty and license fees relating to the items covered by the contract.

C. In the event any third party shall claim that the manufacture, use, and sales of these goods offered hereby constitutes an infringement of any copyright, trademark, or patent, the Contractor shall indemnify and hold harmless the Town from any cost, expense, damage or loss incurred in any manner by the Town on account of such alleged infringement.

3.2 SEVERABILITY: Each paragraph and provision of the resultant contract will be severable from the entire agreement, and if any provision is declared invalid, the remaining provisions shall remain in effect.

3.3 STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: In

accordance with Code of Virginia § 2.2-4311.2 subsection B, a Bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid the identification number issued to it by the State Corporation Commission (SCC). Any Bidder 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 shall include in its bid a statement describing why the Bidder is not required to be so authorized. Indicate the above information on the SCC Form provided (Attachment B). Contractor

- 14 -agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Town’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the Bidder was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

3.4 TAXES: The Town is exempt from Federal Excise and State Sales and Use Tax on all tangible personal property purchased or leased by it for its use or consumption. The Contractor shall pay all Town, County, City, State, and Federal taxes required by law enacted at the time bids are received and resulting from the work or traceable thereto, under whatever name levied.

Said taxes shall not be added to the contract price between the Town and the Contractor, as the taxes shall be an obligation of the Contractor and not of the Town, and the Town shall be held harmless for the same by the Contractor. Exemption certification will be supplied upon request.

3.5 TERMINATION FOR CONVENIENCE: Unless otherwise stated, any resultant contract may be terminated, in whole or in part, whenever the Town determines that such a termination is in its best interests. Any such termination shall become effective on the date stated in a written notice of termination to the Contractor sent at least five days prior to the stated termination date. The notice of termination shall state the extent to which performance shall be terminated. The Contractor shall be paid for all goods delivered or services successfully completed prior to the termination date.

3.6 TESTING AND INSPECTION: The Town reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

3.7 BID/OFFER ACCEPTANCE PERIOD: Any bid/offer in response to this solicitation shall be valid for ninety (90) days. At the end of the ninety (90) days, the bid may be withdrawn at the written request of the bidder/offeror. If the bid/offer is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled.

3.8 INSURANCE REQUIREMENTS:

A. The Contractor shall be required to maintain in force such insurance, in amounts and types acceptable to the Town, as will protect itself and the Town from claims which may arise out of or result from the execution of the work, whether such execution be by itself, its employees, agents, subcontractors or by anyone for whose acts any of them may be liable.

All insurance shall be provided by companies allowed to conduct business in the Commonwealth. Insurers shall have a Best’s financial strength rating of “A-” or better, and a Best’s financial size category of Class VII, or

- 15 -better, in the latest evaluation of A. M. Best Company, or as otherwise approved by the Town. The Town of Ashland and its elected and appointed officials, officers, consultants, agents, and employees shall be named as additional insured on the Contractor’s Commercial General Liability and Umbrella Liability insurance for premises, ongoing operations, and products and completed operations on a primary and non-contributory basis. Original certificates of insurance signed and provided by authorized representatives of the insurers or, at the Town's request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be provided to Purchasing prior to award of the contract, and within seven (7) days of any written request for a certificate, and for five (5) years after Final Payment for the Work with respect to products and completed operations liability.

B. The Contractor shall not start work under this contract until the

Contractor has obtained at his own expense all of the insurance called for hereunder and such insurance has been approved by the Town; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor for the Town will be granted only after submission to the Town Purchasing Office of original, signed certificates of insurance or, alternately, at the Town’s request, certified copies of the required insurance policies.

C. All insurance policies required hereunder shall be endorsed to include the following provision: “It is agreed that this policy is not subject to cancellation or non-renewal until thirty (30) days prior written notice has been given to the Purchasing Office.”

D. The certificate holder should be listed as:

Town of Ashland 121 Thompson Street

PO BOX 1600

Ashland, VA 23005

E. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the Town. The Contractor shall be as fully responsible to the Town for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. The Town will consider deductible amounts as part of its review of the financial stability of the Contractor. Any deductibles shall be disclosed by the Contractor, and all deductibles will be assumed by the Contractor.

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Coverage(s) Required Required Limit Description Business Automobile Liability $1,000,000.00 - Combined Single Limit per Occurrence Commercial General Liability $1,000,000.00

$2,000,000.00 $2,000,000.00

- Combined Single Limit per Occurrence

- General Aggregate Limit per Project

- Products and Completed Operations

Aggregate Personal and Advertising Injury Liability

$1,000,000.00 - Each Offense per Person or Organization

Umbrella Excess Liability $1,000,000.00 - Per Occurrence and Aggregate as Applicable

Worker’s Compensation & Employer’s Liability

$ 500,000.00 $ 500,000.00 $ 500,000.00

- Per Accident

- Disease per Employee

- Policy Limit Disease

3.9 OWNERSHIP OF DOCUMENTS:

A. All finished or unfinished information or materials, documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by or for the Contractor under any resultant contract shall, at the option of the Town, become Town property and shall be delivered to and remain the property of the Town upon completion of the work or termination of the Contract. The Town shall have the right to use and reproduce the data and reports submitted hereunder, without additional compensation to the Contractor.

B. Any documents or other materials provided to the Contractor by the Town shall be returned to the Town upon delivery of the final products or services. Any artwork, negatives, proofs, or other materials produced by the Contractor in order to supply the products or services contracted for shall become the property of the Town and shall be sent to the Town upon delivery of the final products or services unless otherwise requested by the Town. Failure to deliver the artwork, negatives, proofs, or materials shall be cause for withholding any payments due.

4.0 RIGHT TO ASSIGN WORK: The Town reserves the right to complete particular projects through the use of Town employees or to obtain separate contracts through its normal procurement process, including furnishing any item, materials, and subcontracted work according to the best interests of the Town.

4.1 SUBCONTRACTS: No portion of the contract shall be subcontracted without prior written consent of the Town. In the event that the Contractor desires to utilize a subcontractor for portions of the contract, the Contractor shall furnish the Town with the names, qualifications, and experience of their proposed subcontractors. The Contractor shall, however, remain fully

- 17 -liable and responsible for its subcontractor(s) and shall ensure compliance with all requirements of the contract.