REQUEST FOR PROPOSAL (RFP)

Issue Date: August 6, 2026

RFP# 08-27-SKL

Title: Program Management Services

Issuing Agency:

City of Portsmouth Purchasing Department 801 Crawford Street 5th Floor Portsmouth, Virginia 23704

Location: City of Portsmouth, Virginia

Proposals will be received subject to the conditions attached hereto until 2:00 pm. Wednesday , September 9, 2026, from qualified firms to serve as the City’s Program Manager/Owner’s Representative for a broad portfolio of construction, renovation, infrastructure, demolition, grant-funded, resilience, redevelopment, and special initiative projects, on an “as needed” basis during the contract period.

Period of Contract: The contract period shall be for one (1) year with four (4) additional one (1)-year renewal terms.

All Inquiries for Information Should Be in Writing and Directed To: Susan Kenney-Lambert, lamberts@portsmouthva.gov and copy City_purchasing@portsmouthva.gov no later than 4:00 PM August 18, 2026

In compliance with this Request for Proposal and to all the conditions imposed therein and hereby incorporated by reference, the under-signed offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.

The City intends to establish a hybrid multiple-award bench consisting of one primary firm and one or more secondary firms to provide task order-based Owner’s representative and program management services across a broad capital portfolio. This is a professional services procurement using competitive negotiation under the Virginia Public Procurement Act.

Firm Name and Address:

Telephone ( )_______________________

Cellx ( )

Email:

Signature: Date:

Type/Print: Title:

DPOR License Number:

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-mailto:lamberts@portsmouthva.gov mailto:City_purchasing@portsmouthva.gov

4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohib-ited by state law relating to discrimination in employment

BID AND SUBMISSION INSTRUCTIONS:

General Instructions:

Bid Response:

To be considered for selection, Bidders must submit a complete response to this solicitation electronically online on the via eVa.virginia.gov.(eVA) Bid should be of all appendices and acknowledged addenda. Include all information requested and any other information thought to be relevant to completely address the Invitation to Bid. Should the Bidder fail to respond to all requirements of the Bid, or fail to provide adequate or complete documentation, as required, bid may be eliminated from further consideration.

All prices submitted under this Bid shall become the property of the City of Portsmouth and will be subject to public in-spection in accordance with the Virginia Freedom of Information Act. Trade secrets of propriety 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 Section § 2.2-4342F 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, line-item prices and/or total proposal prices as proprietary or trade secrets is not acceptable.

Specific Bid Instructions:

1. Offerors must submit a complete response to this bid to be considered for selection.

2. The Bid shall include the attached Bid Proposal and Bid Bond along with all other required bid documentation.

3. The deadline for questions concerning this Bid shall be made in writing via email by 4:00pm August 18, 2026, to Susan Kenney-Lambert at lamberts@portsmouthva.gov

. also cc purchasing@portsmouthva.gov Please add the solicitation name and number to the subject field of your email.

Bid Submission Instructions:

1. All bids must be submitted electronically online via eVA using the bidder’s established eVA Supplier Account. The entire bid response including any/all attachments and any/all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed, or hand-delivered bids WILL NOT be accepted.

2. To learn how to submit an online bid in eVA please refer to the online supplier training page at: https://eva.vir-ginia.gov/supplier-training-materials.html

3. The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at: https://www.youtube.com/watch?v=KSxcAkOekW0

4. It is the responsibility of the Bidder to ensure that all required attachments are properly completed, readable and file://Galileo/Deptdocs/Purchasing/Solicitations%20&%20Contracts/Engineering/eVa.virginia.gov mailto:lamberts@portsmouthva.gov mailto:%20purchasing@portsmouthva.gov https://eva.virginia.gov/ https://eva.virginia.gov/supplier-training-materials.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow suffi-cient time to account for any technical difficulties they may encounter during online submission or uploading of docu-ments. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367.

PUBLIC BID OPENING: Bids will be opened at the time stated on the electronic posting of this solicitation, and their contents, per the Virginia Public Procurement Act and Commonwealth of Virginia Vendor’s Manual, will be made public for the information of bidders and others interested.

It is the Bidders’ responsibility to ensure a bid submitted on the final active round of the solicitation posted on eVA, as the city of Portsmouth shall only evaluate and accept sub-missions corresponding to the final creation round of the posting.

City of Portsmouth, Virginia Proposed Schedule of Events

1. Advertise RFP: August 5, 2064

2. Proposals Due Date: September 9, 2026, at 2:00 p.m.

3. Review Proposals: September 18, 2026

4. Conduct Interviews: October 5 to October 9, 2026

5. Panel Selection and Approval: October 16, 2026

NOTE: DATES ARE TENTATIVE AND SUBJECT TO CHANGE

CITY OF PORTSMOUTH, VIRGINIA PROCUREMENT OF

PROFESSIONAL SERVICES REQUEST FOR PROPOSAL

DESCRIPTION AND CONDITIONS

Issue Date: August 5 , 2026 RFP No. 08-27-SKL

Project Title: Program Management Services for Capital, Infrastructure, Renovation, Demolition, Grant-Funded, and Special

Initiative Projects

1. BACKGROUND:

The City of Portsmouth, Virginia (hereinafter called the “City”) invites qualified firms (hereinafter called “Offeror”) to serve as the City’s Pro-gram Manager/Owner’s Representative for a broad portfolio of construction, renovation, infrastructure, demolition, grant-funded, resilience, redevelopment, and special initiative projects. The City intends to establish a hybrid award structure consisting of multiple possible firms. Work will be assigned by written Task Order.

2. SCOPE OF WORK:

The selected Offerors shall provide comprehensive owner’s representative and program management services on an as-needed basis. Services may be required for vertical construction, building renovation, demolition, site and civil work, utility and drainage projects, streetscape and transpor-tation work, parks and public-space projects, public safety projects, technology-related capital projects, grant-funded work, redevelopment pro-jects, and other capital or strategic assignments designated by the city. Services may be, but are not limited to, the following categories:

2.1 Core Services: Core services may include, but not be limited to:

- Program governance, portfolio planning, and capital program advisory services.

- Project initiation, scoping, scheduling, budgeting, cash-flow planning, and delivery strategy support.

- Design-phase coordination, constructability review, value analysis, cost estimating, phasing review, and schedule control.

- Procurement support for downstream design, construction, and specialty contracts, including scope development, procurement pack-aging, pre-proposal meeting support, evaluation support, interview support, and negotiation support.

- Construction-phase owner’s representative services, including contract administration support, submittal/RFI log oversight, pay ap-plication review, change-order analysis, field coordination, issue escalation, progress reporting, and recovery planning.

- Post-construction, occupancy, closeout, and warranty-phase support.

- Grant and federally funded project compliance support, including documentation, reimbursement support, reporting, and funding-condition tracking.

- Dispute avoidance, entitlement support, delay and change analysis, and claims support.

- Public-facing and governing-body support, including City Council briefings, stakeholder presentations, and summary graphics.

- Optional specialty support by task order, including technical verification/commissioning oversight, special studies, and targeted knowledge-transfer or staff development assignments.

2.2 Program Management and Controls: Program management and controls may include, but not be limited to:

- Develop, maintain, and continuously update master schedules, project schedules, and milestone trackers using industry-standard scheduling tools.

- Prepare and maintain master budgets, task-order budgets, forecast-at-completion updates, and cash-flow projections.

- Maintain formal logs for risks, issues, decisions, action items, submittals, Request for Information (RFI), change requests, claims, and funding milestones.

- Provide a metrics-based performance framework for schedule, cost, risk, procurement, and delivery performance.

- Develop executive dashboard reporting suitable for leadership, departmental users, and City Council briefings.

- Maintain document and data control procedures, including version control, filing conventions, and records transfer requirements.

2.3 Pre-Design and Design-Phase Services: Pre-design and design-phase services may include, but not be limited to:

- Assist the City in refining project scopes, delivery strategies, sequencing plans, and project priorities.

- Review budgets, schedules, concept materials, design submissions, and technical studies for completeness, coordination, construc-tability, and implementation risk.

- Coordinate design progress meetings and maintain meeting records, action items, and escalation logs.

- Prepare or validate cost estimates, phasing alternatives, and schedule recovery options as directed by the city.

- Identify permitting, utility, right-of-way, third-party coordination, and stakeholder issues that may affect schedule or budget.

2.4 Procurement Support Services: Procurement support services may include, but not be limited to:

- Assist in development of RFQs, RFPs, IFBs, scopes of work, proposal instructions, and evaluation criteria for downstream project delivery procurements.

- Support bidder/offeror communications, pre-bid or pre-proposal conferences, written questions, and addenda coordination.

- Assist with cost and market analysis, contractor/consultant outreach, and procurement scheduling.

- Support proposal or bid review, interviews, reference checks, negotiations, and contract processing by the City.

2.5 Construction-Phase Services: Construction-phase services may include, but not be limited to:

- Act as the City’s representative and advisory resource; monitor, document, analyze, recommend, and escalate. The Program Manager shall not independently bind the City or approve field changes, contract modifications, pay applications, or change orders, unless expressly delegated in a specific Task Order and approved by the City Manager.

- Coordinate preconstruction meetings, construction progress meetings, and field coordination meetings.

- Review schedule updates, schedule updates, contractor recovery proposals, and sequencing constraints.

- Review pays applications, schedule of values, claimed progress, and backup documentation and make recommendations to the City of Portsmouth.

- Review and analyze change requests and potential change orders for scope, justification, time impact, pricing logic, and procedural compliance.

- Document non-conforming work observations and advise the city regarding corrective action pathways.

- Support turnover planning, owner training, occupancy coordination, and readiness assessments.

2.6 Closeout and Warranty Services: Closeout and warrant services may include, but not be limited to:

- Track punch-list completion, closeout submissions, training sessions, O&M manuals, warranties, and as-built record delivery.

- Coordinate final completion documentation, project closeout reports, and final accounting support.

- Track warranty issues, support warranty inspections, and coordinate corrective action follow-up during the warranty period.

2.7 Grant and Compliance Services: Grant and compliance services may include, but not be limited to:

- Support project documentation and reporting required by grantors or funding agencies.

- Assist the City with reimbursement package preparation, funding-condition tracking, and procurement compliance documentation.

- Coordinate with finance, procurement, and departmental staff to maintain auditable records and milestone support.

2.8 Public-Facing Support: Public-facing support may include, but not be limited to:

- Prepare executive briefings, City Council presentations, stakeholder meeting materials, schedule graphics, budget graphics, and project summaries.

- Attend public meetings, advisory meetings, and leadership sessions when requested by the city.

- Translate technical project information into decision-ready materials appropriate for non-technical audiences.

2.9 Optional Specialty Services by Task Order: Optional specialty services by Task Order may include, but not be limited to:

- Technical verification, commissioning oversight, startup/testing coordination, and mission-critical systems validation.

- Knowledge transfer, staff development, dashboard/report training, and SOP/tool development when specifically required by Task Order.

- Embedded staffing for major projects or special initiatives when expressly authorized by the city.

- Background checks and heightened site-security compliance for sensitive sites, restricted systems, or public safety environments, when required by Task Order.

2.10 Governance, Reporting, and City Interface: The Offeror will operate within a hybrid governance model. Day-to-day contract admin-istration and task-order direction will be provided by the City’s designated program executive, project manager, or departmental designee, while the City Manager retains authority for major decisions, major amendments, and defined thresholds. This may include, but not be limited to:

- The Offeror shall function as an advisor and City’s representative, not as an independent contracting authority.

- The City may establish approval thresholds, routing protocols, and reserved decisions by contract, task order, written directive, or procedures manual.

- The Offeror shall maintain regular executive reporting, including dashboard reports, monthly program summaries, and ad hoc issue escalation reports as required.

- The Offeror may use its own platform, but the City shall have direct access for project monitoring, dashboard access, and report generation during the contract term.

- All project data, reports, templates, records, dashboards, and work product developed under the contract shall be owned by the City to the extent permitted by law and by contract.

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS:

3.1 SUBMITTAL: Proposals must be submitted online, via eVA, no later than 2:00 p.m., Wednesday, September 9, 2026. Proposals should be as thor-ough and detailed as possible so that the City may properly evaluate the capabilities of respective firms to provide the required services.

3.2 RESPONSE: In order to be considered for selection, an offeror must submit a complete response to this Request for Proposal. Failure to submit all information requested may result in the rejection of the incomplete proposal. Proposals shall be signed by an authorized repre-sentative of the offeror.

3.3 PROPOSAL PREPARATION: The city intends that a response to this Request for Proposal be concise, informative, complete, and inex-pensive for the offeror to prepare. T h e C i t y m a y r e j e c t p r o p o s a l s that are incomplete, nonresponsive, or materially conditioned in a manner unacceptable to the City. Responses must, in any event, contain the following information:

A. Offeror shall provide one (1) technical proposal organized in the order requested below, and one (1) separate sealed pricing appendix clearly labeled “Pricing Appendix”.

B. Cover letter signed by an authorized representative who can legally bind the offeror. As part of the cover letter, Offeror must disclose any exceptions to the draft Master Services Agreement (Appendix B). The city may deem excessive or material exceptions grounds for rejection or lower scoring.

C. Executive summary describing why the firm is the best fit for the City’s program needs.

D. Firm profile, legal structure, office locations, and summary of relevant experience.

E. Project understanding and proposed approach, including task-order mobilization, governance, escalation, reporting, and coordination methods.

F. Detailed scope of response describing how the offeror will perform each major service category.

G. A broad statement of qualifications, organizational chart, financial responsibility of the firm and any other information deemed desirable by the offeror. As a minimum, firm qualifications shall include, but not be limited to:

• Prime firm shall demonstrate meaningful experience providing comparable capital-program or owner’s repre-sentative services. Comparable public-sector experience is preferred; however, private-sector or quasi-public experience may be considered if the proposer demonstrates comparable project complexity, reporting controls, stakeholder coordination, and delivery responsibilities.

• Proposer will identify a core team plus expandable bench of specialty resources available by City approval and task-order need.

• The city may require embedded staff on major projects or special initiatives when expressly identified in a Task Order.

H. Personnel qualifications, staff expertise, and special experience relative to this Request for Proposal. Staffing plan identifying Key Personnel, roles, time commitment assumptions, local response plan, and expandable bench resources. Resumes for Key Personnel and a role matrix tying each individual to contract functions. As a minimum, the following Key Personnel shall be identified as part of the submittal package:

• Program Director – Primary accountable leader for contract performance. Program Director must have the follow-ing minimum requirements:

• Bachelor’s degree in architecture, engineering, construction management, or a closely related field.

• At least ten (10) years of progressively responsible owner’s representative, program management, con-struction management, or equivalent capital delivery experience.

• At least five (5) years leading complex public capital, infrastructure, renovation, or comparable portfo-lios.

• Demonstrated experience with schedule control, budget control, procurement support, executive report-ing, and multi-stakeholder issue resolution.

• Preferred credentials include Virginia Professional Engineer (PE), Certified Construction Manager (CCM), Project Management Professional (PMP), AACE certification, Associate Design-Build Profes-sional (Assoc, DBIA), or comparable professional credentials.

• Deputy Program Director or Technical Lead – Secondary accountable leader for contract performance.

• Core Project Managers and core functional leads proposed for Initial Delivery.

• Replacement of Key Personnel after proposal submission or after award requires prior written City approval, except in emergency circumstances acceptable to the City.

I. Program controls and dashboard approaches, including platform description, City access model, data governance, and sam-ple reports.

J. References and case studies: Offeror shall provide, as a minimum but is not limited to:

• Provide at least three (3) and no more than five (5) owner references for comparable work, with current con-tact information.

• Provide three (3) concise case studies identifying project or program type, proposer role, original budget, final cost, original schedule, actual completion, notable change/claims outcomes, funding type (bond, grant, etc.), project driver (regulatory, condition based, growth, etc.), and project delivery method (Design-Bid- Build, CMR, PPEA, Design Build).

• Identify whether each reference/case study reflects public, quasi-public, or private experience.

K. Required certifications, disclosures, and exceptions to Attachment B, “Draft Master Services Attachment”, if any.

L. The City strongly encourages SWAM/MBE [(Small, Women Owned and Minority Owned)/(Minority Business Enter-prises)] participation in all its contracts. The city anticipates that as a part of the responsive proposal:

• Describe the Offeror’s planned approach to SWAM/MBE, local, and small-business utilization on the core team and expandable bench.

• Describe outreach methods, identification of qualified firms, and how opportunities will be distributed on future task orders.

• Describe tracking, reporting, and accountability method for participation commitments represented in the proposal.

• The City reserves the right to request periodic utilization reporting after award.

M. Pricing Appendix. Pricing Appendix shall include, but not be limited to:

• Provide fully loaded hourly rates by labor classification.

• Provide any proposed markups, fee schedules, and rules for reimbursable expenses.

• Identify any non-billable functions or assumptions.

• Pricing Appendix Form is included as Attachment A to this RFP. The Pricing Appendix shall be submitted separately from the technical proposal and will be evaluated only after the City completes the qualification-led stages described in this RFP.

N. Limited proposal samples as required. As a minimum, proposal samples shall include:

• One (1) representative monthly executive report or equivalent summary report.

• One (1) representative dashboard/reporting screenshot or program controls sample.

4. EVALUATION AND AWARD:

This is a competitive negotiation for professional services under the Virginia Public Procurement Act. Written proposals will be evaluated first. The City intends to establish a formal shortlist and conduct interviews/oral presentations with shortlisted firms. The City may award to one or more firms if such awards are determined to be in the City’s best interest and are consistent with the terms of this solicitation.

The City’s evaluation criteria of the proposal will include consideration of the following:

(A) Relevant firm experience and comparable program outcomes - Depth and relevance of experience; strength of case studies and references (25%).

(B) Key Personnel and staffing approach – Quality, availability, credibility, and alignment of proposed leadership and core team. (25%)

(C) Technical approach and scope response – Understanding of services, governance, task-order delivery, esca-lation, and owner’s representative role. (20%)

(D) Program controls, reporting, and platform approach – Dashboard quality, data access, reporting methods, and controls maturity. (20%)

(E) SWAM and MWBE participation – Meaningful and credible inclusion approach. (10%)

The City will evaluate written technical proposals and establish a shortlist based on the evaluation criteria. Shortlisted firms will par-ticipate in interviews/oral presentations. Selected firms will have 20 minutes for their initial presentation before the interview begins.

It is anticipated that interviews will be conducted in the week of October 5-9, 2026. The city may request clarifications, conduct reference checks, and seek best and final responses where permitted. Once these interviews have been conducted, pricing will be considered through separate Pricing Appendix and the offerors final ranking will be based on proposal content, interview/oral presentations, and Pricing Appendix. Negotiations will begin with the offeror(s) selected based on the final ranking order. The City reserves the right to award one (1) or more firms, to negotiate with the highest-ranked firm first, and to terminate negotiations and proceed to the next-ranked firm if a fair and reasonable agreement cannot be reached. The City reserves the right to reject any and all proposals and to waive any informality or technical defects if, in its judgment, the best interests of the City will be served as specified in Virginia Code § 2.2-4319.

The City will provide public notice announcing its decision to award initial contracts by posting the Notice of Intent to Award on the City of Portsmouth website and on eVA.

Upon award of the contract, the successful Offeror(s) will, within thirty (30) to sixty (60) days submit a transition-in package accepta-ble to the City based on assigned projects. This transition-in package shall include, but not be limited to:

- Program Management Plan defining governance, service model, communication protocols, escalation thresholds, approval matrix, and decision-routing processes.

- Program Procedures Manual describing day-to-day operating procedures, task-order initiation workflow, reporting standards, document controls, quality controls, and issue-management protocols.

- Staffing Deployment Plan identifying Key Personnel, support resources, availability assumptions, local response plan, and spe-cialty bench resources.

- Dashboard and Platform Implementation Plan, including city access protocols, user roles, reporting outputs, and data-export capa-bility.

- Initial Risk and Issue Framework, including standard log formats and proposed dashboard metrics.

- Records-Transfer and Data-Ownership Protocol: always ensuring city access and continuity.

- Conflict Firewall Plan detailing how the Successful Offeror(s), its affiliates, and subconsultants assigned to this contract may not compete for downstream design, construction, commissioning, or implementation work on projects they oversee under this pro-gram.

5. PRE-PROPOSAL CONFERENCE:

Currently, it is believed that a pre-proposal conference is not required. Should any potential offerors have questions, they may only contact Susan Kenney-Lambert, via email at lamberts@portsmouthva.gov, for clarification of this Request for Proposal. All questions must be submitted in writing and must be submitted no later than 4:00 pm, local time, Tuesday, August 18, 2026. Responses to any questions received will be posted as an addendum on eVA no later than Tuesday, August 25, 2026.

6. GENERAL TERMS AND CONDITIONS:

6.1 PRECEDENCE OF TERMS: In the event there is a conflict between the general terms and conditions and any special terms and conditions which may be included in this solicitation for use in a particular procurement, the special terms and conditions shall apply.

6.2 CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation docu-ments, the prospective offeror should contact the contact person whose name appears on the face of this Request for Proposal, no later 4:00 pm, local time, Tuesday, August 18, 2026. Any revisions to the solicitation will be made only by addendum issued by the City.

6.3 CONTRACT AND PAYMENT TERMS: Lump-sum task orders will be issued for defined deliverables; hourly/not-to-exceed Task Orders will be issued for variable or field-driven services. Payments will be made upon completion of the project, unless otherwise negotiated with the successful offeror and agreed to by the City.

No guarantee of work is made by issuance of this RFP or award of a Master Services Agreement. Aggregate master contract ceiling shall be in accordance with State, PPEA or City Code. Each Task Order will establish its own scope, schedule, and not-to-exceed amount or lump-sum compensation. Routine staffing coordination by the Offeror’s designated single point of contact shall be treated as non-billable administrative overhead unless otherwise expressly authorized by the City. The contract will be subject to annual ap-propriation, termination rights, data ownership provisions, Virginia venue, and other legal terms reflected in Attachment B.

6.4 QUALIFICATIONS OF OFFERORS: The City may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the work, and the offeror shall provide the City with all such information and data for this mailto:lamberts@portsmouthva.gov purpose as may be requested. The City reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions re-garding the offeror’s capabilities. The City reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the City that such offeror is properly qualified to carry out the obligations of the contract and to complete the work or furnish the item(s) contemplated therein.

6.5 ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the offeror as a whole or in part without the written consent of the City.

6.6 ETHICS IN PUBLIC CONTRACTING: By submitting its proposal, each offeror certifies that its proposal is made without collusion or fraud, and that it has not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with its proposal.

6.7 ANTI-DISCRIMINATION: By submitting its proposal, each offeror certifies to the City that it will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where appli-cable, and § 2.2-4311 of the Virginia Public Procurement Act, and that during the performance of this contract, such offeror agrees as follows:

A. The offeror 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 the state law relating to discrimination in employment, except when there is bona fide occupational qualification reasonably necessary to the normal operation of the offeror. The offeror agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. Notices, advertisements and solicitations placed by or on behalf of the offeror will state that such contractor is an equal opportunity employer.

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

D. The offeror will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

6.8 DRUG-FREE WORKPLACE: During the performance of this contract, each offeror agrees to (i) provide a drug-free workplace for the offeror’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is pro-hibited in the offeror’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the offeror that the offeror maintains a drug-free work-place; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provi-sions will be binding upon each subcontractor or vendor.

6.9 PUBLIC INSPECTION OF PROCUREMENT RECORDS: Proposals submitted shall be subject to public inspection only in accordance with Virginia Code § 2.2-4342. Any proprietary or trade secret claims must comply with applicable Virginia law and must be clearly identified in the submission.

6.10 COSTS OF PROPOSAL PREPARATION: Any costs incurred by an offeror in preparing or submitting a proposal are the offeror’s responsibility. The City will not reimburse any offeror for any costs incurred as a result of a response to this Request for Pro-posal.

7. SPECIAL CONDITIONS:

7.1 OWNERSHIP OF MATERIAL: Ownership of all data, material and documentation originated and prepared for the City pursu-ant to this Request for Proposal 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 (Virginia Code § 2.2-3700 et seq.); however, the offeror(s) must invoke the protection of this section prior to or upon submission of the data or other materials and must identify the data or other materials to be protected and state the reasons why protection is necessary.

7.2 CANCELLATION OF CONTRACT: The City reserves the right to cancel and terminate any resulting contract, in part or en-tirely, without penalty, upon sixty (60) days’ written notice to the successful offeror(s).

7.3 INSURANCE COVERAGE: Prior to the execution of a contract, the successful offeror(s) shall furnish to the City evidence of professional liability, workers’ compensation, employer’s liability, comprehensive general liability and automobile insurance in the minimum amounts specified below. Such evidence of insurance shall indicate the effective dates and limits of such coverage. Certifi-cate of Insurance must include proper endorsement, naming the City as an Additional Insured for Comprehensive General Liability.

A. Worker’s Compensation and Employer’s Liability: as required by Virginia state law.

B. Comprehensive Automobile Liability: $1,000,000 per occurrence of bodily injury and $1,000,000 property damage;

$2,000,000 aggregate.

C. Comprehensive General Liability: $1,000,000 per occurrence of bodily injury and $1,000,000 property damage; $2,000,000 aggregate.

D. Professional Liability Insurance: $2,000,000.

The City may require project-specific bonding or additional insurance for particular Task Orders when warranted by risk, funding, or statu-tory requirements.

7.4 OBLIGATION OF OFFEROR: By submitting a proposal, each offeror covenants and agrees that it has satisfied itself, from its own investigation of the conditions to be met, that it fully understands its obligation and that it will not make any claim for, or have right to cancellation or relief from the contract because of, any misunderstanding or lack of information.

7.5 TERMS OF CONTRACT: Contracts will be for a one (1) year initial term, with up to four (4) one-year renewals at the City’s option and subject to annual appropriation. If agreement is reached to extend this contract for additional terms, the successful Offe-ror(s) may not increase prices but may offer pricing decreases with the same terms and conditions upon mutual consent of the Offeror and the City. The City reserves the right to cancel this contract immediately for cause or no cause upon written notice.

7.6 CITY OF PORTSMOUTH BUSINESS LICENSE: Prior to the execution of a contract, the successful offeror(s) shall submit to the City a copy of their current and active City of Portsmouth Business License.

Attachment A - Pricing Appendix Form

This attachment is intended to be submitted separately from the technical proposal.

Labor Classification Proposed Fully Loaded Hourly Rate

Regular Duties / Use Case Billable?

Program Director Yes / No

Deputy Program Director / Technical Lead

Yes / No

Senior Project Manager Yes / No

Project Manager Yes / No

Scheduler / Program Controls Lead

Yes / No

Cost Estimator Yes / No

Document Controls Specialist Yes / No

Grant / Compliance Specialist Yes / No

Public Outreach / Presentation Support

Yes / No

Administrative Support Yes / No

Other (offeror-defined) Yes / No

Reimbursable Expense Rules

• State whether travel within the Hampton Roads region is included in labor rates or billed separately.

• Identify any reimbursable expenses, markup policies, and required backup documentation.

• Identify any proposed fee or markup applicable to specialty subconsultants or pass-through services.

• Confirm that routine staffing coordination by the designated single point of contact is non-billable administrative overhead unless otherwise approved by the city.

Attachment B - Draft Master Services Agreement-EXAMPLE ONLY

Professional Services Agreement for Program Management Services

1. Parties and Purpose

This Agreement is entered into by and between the City of Portsmouth, Virginia (“City”), and [Consultant Name] (“Consultant”). The purpose of this Agreement is to establish the terms under which the Consultant may provide program management and owner’s representa-tive services for projects assigned by written Task Order.

2. Term

The Agreement shall commence on [insert date] and continue for one (1) year, unless sooner terminated in accordance with this Agree-ment. The City may renew the Agreement for up to four (4) additional one-year terms, subject to satisfactory performance, mutual execu-tion of a renewal amendment, and annual appropriation.

3. Services

Consultant shall perform services only as authorized by Task Order. Consultant shall provide services in accordance with this Agreement, the applicable Task Order, the RFP, Consultant’s proposal to the extent accepted by the City, and all applicable laws and standards of care.

Consultant shall function in an advisory owner’s representative role unless a Task Order expressly delegates limited authority approved by authorized City personnel.

4. Task Orders

No work shall proceed without a written Task Order signed by authorized representatives. Each Task Order shall identify the project, scope, compensation method, not-to-exceed amount or lump sum, schedule, deliverables, special conditions, insurance/bonding require-ments if any, security requirements if any, and approval thresholds if any.

5. Compensation

Compensation shall be as stated in each Task Order. Task Orders may use lump-sum pricing for defined deliverables and hourly/not-to-exceed pricing for variable services. Invoices shall include sufficient detail and supporting information for City review. The City will pay undisputed amounts in accordance with applicable law and contract terms.

6. Key Personnel

The Program Director, Deputy/Technical Lead, and other Key Personnel approved by the City shall not be removed or replaced without the City’s prior written consent, except in emergency circumstances reasonably acceptable to the City. The City may require removal and replacement of personnel whose performance or conduct is unsatisfactory.

7. Conflict of Interest and Restriction on Downstream Work

Consultant, its affiliates, and its subconsultants assigned to this Agreement shall not propose on, bid on, or accept design, construction, commissioning, or other downstream implementation work on any project they oversee under this program, unless expressly released in writing by the City for work unrelated to such oversight and permitted by law.

8. City Access to Data and Ownership of Work Product

All reports, studies, models, schedules, logs, dashboards, data sets, presentations, graphics, and other work products prepared for the City under this Agreement shall become the property of the City upon payment, subject to rights in pre-existing proprietary tools that are specif-ically identified by the Consultant and accepted by the City. Consultant shall ensure the City has direct access to any hosted dashboard or reporting environment used for City projects during the contract term and at transition or closeout as reasonably required by the City.

9. Standard of Care

Consultants shall perform services with the care, skill, and diligence ordinarily exercised by members of the same profession practicing under similar circumstances.

10. Insurance and Bonding

Consultant shall maintain insurance coverage acceptable to the City, including commercial general liability, automobile liability, workers’ compensation, and professional liability/errors and omissions in limits to be inserted by the City. The City may require additional insurance or project-specific bonding for particular Task Orders when justified by project risk, statutory requirements, or funding conditions.

11. Grant and Funding Compliance

When a Task Order involves grant-funded, federally funded, or otherwise externally funded work, Consultant shall support the City’s com-pliance, documentation, reimbursement, and reporting requirements as identified in the Task Order or City direction.

12. Records, Audit, and Cooperation

Consultant shall maintain complete records related to services and compensation and shall provide reasonable access to the City and its auditors in accordance with applicable law and contract terms.

13. Confidentiality and Security

Consultant shall comply with all confidentiality, record handling, site-access, and security requirements applicable to the assignment. Back-ground checks or heightened security procedures may be imposed by Task Order for sensitive facilities, systems, or operations.

14. Termination

The City may terminate this Agreement or any Task Order for convenience upon written notice. The City may terminate for cause upon material breach not cured within the period stated by the notice, if any cure period is required. Upon termination, Consultant shall cease work as directed, protect the work in place, and deliver all records and work product required by the City.

15. Non-Appropriation

This Agreement and all renewals and Task Orders are subject to annual appropriation by Portsmouth City Council. In the event funds are not appropriated, the City may terminate without penalty except for services properly performed through the date of termination.

16. Governing Law and Venue

This Agreement shall be governed by the laws of the Commonwealth of Virginia. Venue for any action arising from this Agreement shall lie in the appropriate court serving the City of Portsmouth, Virginia.

17. No Indemnification by the City

Nothing in this Agreement shall be construed as an agreement by the City to indemnify Consultant. Any indemnification obligations shall be limited to the extent permitted by Virginia law and as finally negotiated by the City.

18. Entire Agreement and Order of Precedence

The Agreement documents shall include this Agreement, Task Orders, the RFP and addenda, and those portions of Consultant’s proposal expressly accepted by the City. In the event of conflict, the order of precedence shall be executed amendments, this Agreement, Task Order, RFP and addenda, and accepted proposal elements unless otherwise stated in the Task Order.

Signature Block

CITY OF PORTSMOUTH, VIRGINIA

By: ______________________________ Steven Carter, City Manager Date: ____________________________

[CONSULTANT NAME]

By: ______________________________ Name/Title: ______________________ Date: ____________________________