RFP 13-25 Legislative Liaison Services.docx.pdf

BID #: 13-25 DATE: July 25, 2024

Sealed Bids, subject to the general conditions and specifications hereby attached, will be received at the Office of the City Clerk, Second Floor, Municipal Building, 300 North Main Street, Hopewell, Virginia 23860 until, but not later than 11:00 a.m. August 15, 2024.

INSTRUCTIONS FOR SEALED BID SUBMISSION

1. All bids must be submitted in a sealed envelope. Each Sealed Bid submission shall include one (1) original and one (1) electronic [USB] version.

2. In-person submission: Enter the Municipal Building door at the rear of the building marked Planning & Development and request the receptionist to contact the City Clerk for bid submission.

3. Regardless of delivery method of bid, the outside of each envelope must clearly indicate the following: (if bid is delivered by Federal Express, UPS, USPS Priority, etc. or any other means, the outside of each envelope must also clearly indicate):

Office of the City Clerk

Second Floor

Municipal Building

300 North Main Street

Hopewell, Virginia 23860

Closing Date of Bid: August 15, 2024

Commodity Name: Legislative Liaison Services

Bid # 13-25

4. Unless otherwise specified, bidders are to complete and return all Bid Documents furnished by the City. All Bid Documents shall be signed in the spaces provided and returned. Bids or changes to a bid response shall not be accepted via fax or email.

5. ANY BID RECEIVED AFTER THE ANNOUNCED TIME AND DATE OF

OPENING, WHETHER BY MAIL OR OTHERWISE, WILL NOT BE

CONSIDERED AND WILL BE RETURNED UNOPENED.

REQUEST FOR PROPOSALS

LEGISLATIVE LIAISON SERVICES

CITY OF HOPEWELL

Nothing herein is intended to exclude any responsible firm or in any way restrict competition. The selection process will be competitive negotiation as outlined in Chapter 2A of the Code of the City of Hopewell, Virginia, and Section 2.2-4302.2 (Virginia Public Procurement Act) of the Code of

Virginia.

All Proposals submitted must be signed by an individual authorized to bind the Offeror. Proposals submitted without such signature will be deemed non-responsive, and will not be considered. The

City of Hopewell reserves the right to cancel the RFQ/RFP, to award in part or in whole, to waive all informalities, to reject any or all items of any proposal, or reject any and all proposals deemed to be in the City’s best interest. The City may modify any requirements in the RFQ/RFP prior to the deadline by written notice to any Offeror requesting a copy of the RFQ/RFP. The City may modify the project’s scope of services and required tasks during negotiation process with the successful Offeror. The City shall neither be obligated nor prohibited from awarding or amending any contract with the successful Offeror for services less than or greater than the scope of services contemplated in this proposal.

The right is reserved to extend any resulting contract, for terms to be mutually negotiated and agreed upon.

If you desire not to quote on this invitation, please forward your acknowledgement of NO

PROPOSAL. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL BE CAUSE FOR

REMOVAL OF YOUR COMPANY'S NAME FROM THE QUALIFIED OFFEROR LIST.

All proposals are subject to general terms and conditions hereby attached and will be rejected if not properly executed.

Individual contractors must provide their social security numbers and other types of firms must provide their federal employer identification numbers in the payment clauses to be included in contracts.

The City reserves the right to be sole judge and to make the award in accordance with its own judgment as to what will best meet its requirements and be in the best interest of the City.

AVAILABILITY OF FUNDS: It is understood and agreed between the Offeror and the City that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this quotation or agreement.

Proposal and contracting procedures shall conform to all applicable regulations and provisions of the City of Hopewell Procurement Ordinance effective July 17, 2017, as amended; a copy of which is available on the City’s website (www.hopewellva.gov) under the tab GOVERNMENT, section

LAWS/ORDINANCES. Click the link at the bottom of the page and click Chapter 2A-

Procurement to view the Procurement Ordinance.

Arquesia S. Haskins

Procurement Officer

In compliance with Invitation for Bid #13-25 and subject to all conditions thereof and attached thereto, the undersigned offers and agrees if the Bid price and conditions will be accepted within ninety (90) calendar days from the date of opening to evaluate, to furnish any and all of the items upon which the prices are quoted, at the price set opposite each item, delivered at the points as specified and as scheduled.

NAME OF ORGANIZATION TELEPHONE NUMBER

STREET ADDRESS EMAIL ADDRESS

CITY, STATE, ZIP CODE FAX NUMBER

NAME (TYPE OR PRINT) OFFICIAL TITLE

SIGNATURE DATE

STATE CORPORATION COMMISSION

ID#

IRS I.D. #

State Corporation Commission Form

Virginia State Corporation Commission (“SCC”) registration information:

The undersigned Offeror:

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

-OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-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 Offeror 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) -

OR-

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 Offeror’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.

**NOTE** >> Check the following box if you have 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 Qualifications

(the City reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: Date: _____________________

Name:

Print

Title: _________________________________

Name of Firm:

GENERAL

Hopewell (“City”) is seeking competitive proposals from qualified Offerors to provide legislative liaison services and associated work in accordance with all terms, conditions and specifications as set out in this Request for Proposal (RFP).

The purpose of this Request for Proposal (RFP) is the procurement of legislative liaison services of an offeror (individual, firm, partnership or corporation, sometimes referred to hereinafter as

“Provider”) to advocate and advance the City’s legislative interest before the General Assembly.

The City of Hopewell invites any qualified Offeror to respond to this RFP by submitting a proposal for legislative liaison services consistent with the terms and conditions herein set forth.

Final scope of services will be negotiated with the successful Offeror.

BACKGROUND

The Council of the City of Hopewell annually adopts a Legislative Program for advocacy at the next Session of the Virginia General Assembly. From time to time the City Council and key City officials require legislative representation on other issues pending before the General Assembly.

The City intends to create an independent contractor relationship with the Successful Offeror.

The Successful Offeror has the right to determine the equipment and supplies needed to perform the required services and the method, means and personnel by which its duties and obligations will be carried out. Provider also has the right to engage in any other business, including the representation of other persons before the General Assembly.

SCOPE OF WORK

The City of Hopewell, a local government in the Commonwealth of Virginia, seeks an experienced firm or professional to assist with its efforts and serve as the City’s legislative liaison.

Services may include, but not be limited to:

A. Meet with members of the General Assembly and relevant State officials to explain and advocate the City's legislative interests.

B. Testify before committees and subcommittees of the General Assembly on behalf of the

City.

C. Upon request, assist in the development and presentation of the City's annual Legislative

Program.

D. Meet with the City's Legislative Committee, members of City Council and key City officials in Hopewell or Richmond to familiarize him or herself with and develop an understanding of the City's legislative interests.

E. Advise City officials as to legislative strategy recommended to accomplish the City's legislative agenda.

F. Coordinate with representatives of the Virginia Municipal League, the Virginia

Association of Counties, First Cities, and other groups in an effort to advance the City's legislative interests.

G. Promptly advise City officials of legislative issues that significantly impact local government operations, powers and authorities and procedures.

H. Provide periodic status reports as to matters of interest to the City pending before the

General Assembly, including a final report at the conclusion of each Session of the

General Assembly. Cultivate professional working relationships with the City's delegation to the General Assembly, as well as other members of the General Assembly and State officials, in order to facilitate advancement of the City's legislative interests.

I. Perform such other services as are typically performed on behalf of their clients by competent and professional legislative liaisons.

J. Represent the City professionally, vigorously, lawfully and ethically at all times.

K. The services requested do not involve the practice of law, and Provider need not be qualified to practice law in the Commonwealth of Virginia.

The Successful Offeror shall maintain an office in and be in residence in the Richmond metropolitan area during each Session of the General Assembly. The Successful Offeror shall be available on short notice to consult in person with members of the General Assembly and State officials, or with key City officials either in person or via a telecommunications device.

PROPOSAL SUBMITTAL REQUIREMENTS

Prospective Offerors, sometimes referred to as providers, operators, contractors, consultants, or vendors, are to address the criteria above and below at a minimum as part of their submitted proposal. Each proposal should include a transmittal letter and management overview of the proposal. Proposals are to include and may be evaluated on the following factors, together with such other factors as will protect and preserve the interests of the City of Hopewell, which may also be considered.

Include all information requested, organized in tabbed sections clearly identified in a table of contents as described in the paragraphs that follow. Any other information thought to be relevant, but not applicable to the enumerated categories, may be provided as a separately bound appendix to the proposal. The following information/documents should be included in the proposal package to be considered responsive to the Request for Proposals:

A. Organizational Structure of Firm and Qualifications of Management Personnel

Prospective Offerors should submit at a minimum:

a) Length of time in the business,

b) Corporate experience,

c) Strengths in the industry,

d) Business philosophy, and

e) Describe the organizational structure of the firm;

f) Describe the organizational structure for the management and operation of the services requested and/or provision of the items referred to in this RFP, including an organizational chart denoting all positions and the number of personnel in each position.

2. Financial condition of the firm and ability to perform all obligations of any resultant contract.

The sufficiency of the financial resources and the ability of the Offeror to comply with the duties and responsibilities described in this RFP. Each Offeror shall provide a current and previous year’s balance sheet and a statement regarding any recent or foreseeable mergers or acquisitions.

Financial information may be marked as “confidential” in accordance with the requirements set out in this RFP.

3. Experience in providing the services and/or items requested by this RFP.

4. The ability, capacity, and skill of the Offeror to provide the services and/or items described in this RFP and in a prompt and timely manner without delay or interference.

5. The character, integrity, reputation, judgment, experience, efficiency and effectiveness of the

Offeror.

6. The quality and timeliness of performance of previous contracts or services of the nature described in this RFP.

7. Compliance by the Offeror with laws and ordinances regarding prior contracts, purchases, or services.

8. The conditions, if any, of the proposal.

B. Agents and Address

Identify who will be the project Agent and key staff assigned if awarded. Provide resumes summarizing the qualifications and experience of the individuals who will be conducting the study. Include specific information on the staff’s experience with public sector compensation including public safety. Describe successful outcomes.

C. Statement of Methods and Procedures

Provide a statement describing the scope of work as you understand it. Describe the approach, means, methods, and procedures to be used to gather the data, analyze findings and develop recommendations as requested. Provide a sample of reports and/or other correspondence.

D. Structure and Content of Work Product

Describe how the final work product will be structured and presented upon completion.

Include any automated computer or software compatibility information.

E. References

Each Offeror should provide the names, addresses, and telephone numbers of at least three

(3) references in connection with supplying the services or items requested in this RFP, especially from other local government operations similar to those being requested in this

RFP by the City. Each reference should include organizational name, official address, and contact person, title of contract, number of years in use, phone number and email address.

F. Cost of Services

Provide a total cost estimate and not to exceed amount for the work described in scope of work; a rate schedule for computing any extra work not specified in the contracted scope of work; and amount to be deducted from total cost estimate because Offeror is conducting (or has conducted in the past six (6) months) salary surveys of comparable jurisdictions/positions, the data from which can be shared rather than independently gathered.

GENERAL REQUIREMENTS

Ownership of all data, materials and documentation originated and prepared for the RFP shall belong exclusively to the City of Hopewell and shall 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 § 2A-12 (2) of the Code of Hopewell, 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 should be submitted in a separate sealed envelope and marked proprietary. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

Debriefing: The entire RFP procurement file, including evaluations and justifications of award, will become public information and be available for review only after an award is made. No interviews will be conducted with unsuccessful Offerors to explain the contents of the procurement file.

EVALUATION CRITERIA

Offerors will be evaluated for selection on the basis of those most qualified to meet the requirements of this RFP. The City of Hopewell will use a weighted scoring system when evaluating selection criteria. Major criteria to be considered in the evaluation may include, but shall not necessarily be limited to the items referred to above and those set forth below:

A. Experience: The background, education and experience of the Offeror in providing similar services or items elsewhere, including the level of experience in working with municipalities and the quality of services performed or items supplied. 30 points

B. Cost/Fee: Reasonableness/competitiveness of proposed fee and/or benefits to the City, although the City is not bound to select the Offeror who proposes the lowest fees or most benefits for services. The City reserves the right to negotiate fees and/or benefits to the City with the selected Offeror(s). 20 points

C. Compliance: The Offeror's responsiveness and compliance with the RFP requirements and conditions. Determination that the selected Offeror has no contractual relationships which would result in a conflict of interest with the City’s contract. Offeror’s willingness to accept the City’s sample contract. (If Applicable) 20 points

D. Approach and Methodology to Meet Need: The Offeror’s ability, capacity, and skill to fully and satisfactorily provide the services and/or items required in this RFP. The quality of Offeror’s performance in comparable and/or similar projects. Whether the Offeror can provide the services and/or deliver the items in a prompt and timely manner. 30 points

DIRECT CONTACT

Until such time that an award is published, direct contact with any City employee without the expressed permission of the Procurement Officer or her designated representative, on the subject of this proposal, is strictly forbidden. Violation of this Instruction may result in disqualification of Offeror’s proposal.

QUESTIONS

All questions should be sent electronically on or before Monday, August 5, 2024, 5:00 p.m.

Questions shall be addressed to Arquesia Haskins, Procurement Officer, at procurement@hopewellva.gov

2. Technical questions shall be addressed to James Gaston III, Assistant City Manager at jgaston@hopewellva.gov

Addenda will be issued on Friday, August 9, 2024 as required to answer questions.

GENERAL TERMS AND CONDITIONS

A. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and the City of

Hopewell, Virginia; any litigation with respect thereto shall be brought in the courts of the

City. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

B. ANTI-DISCRIMINATION: By submitting the bids, the bidders 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

§11-51 of the Virginia Public Procurement Act.

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

2. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disabilities, except where religion, sex or national origin 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.

3. 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.

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

5. The contractor will include the provisions provided above in every subcontract or purchase order over $15,000, so that the provisions will be binding upon each subcontractor or vendor.

C. DIRECT TAXES: All bids shall be submitted exclusive of direct Federal, State, and local taxes. However, if the bidder believes that certain taxes are properly payable by the City, he may list such taxes separately in each case directly below the respective item bid price. Tax exemption certification will be furnished on request.

D. INDEMNITY: The contractor agrees to defend, indemnify and hold harmless, the City of

Hopewell and its members, officers, directors, employees, agents, and representatives from and against any and all claims, damages, demands, losses, costs and expenses, including attorney’s fees, and any other losses of any kind or nature whatsoever including claims for bodily injuries, illness, disease, or death and physical property loss or damage in favor of contractor, its sub-contractors, their employees, agents, and third parties arising during the performance of services and resulting from tort, strict liability, or negligent acts or omissions of contractor, its sub-contractors and their employees or agents under the agreement, or resulting from breaches of contract, whatever by statue or otherwise.

Each contractor shall assume the responsibility for damage to or loss of its material, equipment or facilities located at the site and, in order to effect this limitation of liability, the contractor agrees to insure or self-insure such property against any such risk.

E. SALES TAXES: The City is exempt from payment of State sales and use tax on all tangible personal property purchased or leased for its use or consumption. Certificate of Exemption will be furnished upon request.

F. QUOTATION FORM: The bidder must sign and properly fill out all forms in this Bid or be subject to being declared unresponsive. If unable to submit a Bid, please sign and return this solicitation form, advising reason for no Bid.

G. CONTRACTOR’S DEFAULT: In case of default of the contractor, the City may procure the articles of service from other sources and hold the contractor responsible for any excess cost incurred thereafter.

H. COMPUTATION OF TIME FOR DISCOUNTS: Time in connection with discount offered, will be computed from date of delivery of the supplies or materials to carrier when final inspection and acceptance are at those points or from date correct invoice is received if latter is later than the date of delivery

I. ETHICS IN PUBLIC CONTRACTING: By submitting the bids, the bidders certify that the bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with the 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.

J. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the materials, quality, workmanship, or performance of the items offered in this Bid prior to their delivery, it shall be the responsibility of the successful bidder to notify this office at once, indicating in his letter the specific regulation which requires such alterations. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

K. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting the bids, the bidder 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.

L. DEBARMENT STATUS: By submitting the bids, the bidders certify that they are not currently debarred by the Commonwealth of Virginia 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.

M. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City of Hopewell, Virginia 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 goods or services purchased or acquired by the City of Hopewell, Virginia under said contract.

N. PAYMENT: Payment by the City is due thirty days (30) after delivery is made to the City of Hopewell and inspection unless otherwise specifically provided: subject to any discounts allowed.

To Prime Contractor:

Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number and/or purchase order number, social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

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.

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, contractors 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 contractor, in writing, as to those charges, which it considers unreasonable, and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification.

To Subcontractors:

A contractor awarded a contract under this solicitation is hereby obligated:

1. To pay the subcontractor(s) within seven (7) days of the contractor’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

2. To notify the City and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

3. The contractor 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 contractor that remain unpaid seven (7) days following receipt of payment from the City, except for amounts withheld as stated in (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 contractor performing under the primary contract.

O. PRECEDENCE OF TERMS: Paragraphs A-G of these General Terms and Conditions 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.

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

Q. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the City.

R. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

3. By mutual agreement between the parties in writing; or

4. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

5. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor, as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Department within thirty (30) days from the date of receipt of the written order from the Purchasing Department. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Virginia Public Procurement Act. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

L. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies, which the City may have.

M. INSURANCE: The contractor shall secure and maintain in force, at his/her own expense all required forms of insurance and payment bonds to insure the completion for the work under contract to the satisfaction of the City and without damage to, or claims against the City.

The contractor shall provide satisfactory evidence of bonds and insurance of behalf of the sub-contractors, before entering into an agreement to sublet any part of the work to be done under this contract.

The following performance and payment bonds and forms of insurance shall be secured by the contractor to cover all work under contract and to protect the contractor, the City, and general public against any damage of claims in connections with the performance of the contract. The bonds and insurance shall be by companies duly authorized to do business in the State of

Virginia. Certificates of Insurance, naming the City as an additional insured for each type of coverage shall be required.

At the discretion of the purchasing agent, bidders may be required to submit with their bid a bid bond, or a certified check, in an amount to be determined by the purchasing agent, which shall be forfeited to the City as liquidated damage upon the bidder's failure to execute a contract awarded to him/her or upon the bidder's failure to furnish any required performance or payment bonds in connection with a contract awarded to him/her.

At the discretion of the purchasing agent, the winning contractor(s) may be required to submit a performance and payment bond to the City which shall be evoked upon contractor’s failure to execute a contract awarded or the failure to satisfactorily complete work for which a contract or purchase order was awarded. Performance bond and payment bond in the amount of one hundred (100) percent of contract price is required as security of contract, or security for payment of all persons performing labor and furnishing materials in connection with the contract, and protecting the City from all damages or claims resulting from, or in connection with the performance of the contract or purchase order.

The performance bond and payment bond shall and does bind the surety company to protect the

City from damages, claims or costs by failure of the contractor to make corrective action due to his financial solvency or for any other cause whatever.

INSURANCE COVERAGES AND LIMITS REQUIRED:

1. Worker's Compensation - Statutory requirements and benefits; require that the City of

Hopewell, Virginia be added as an additional named insured on contractor’s policy.

2. Employers Liability - $100,000.

3. Comprehensive general liability for bodily injury liability and property damage liability shall be provided as to limits specified.

4. Contractor’s protective liability shall be provided for bodily injury liability and property damage liability.

5. Fire and extended coverage shall be provided on the completed builder risk form if specified in bid specifications.

6. The contractor shall require each of his subcontractors to carry Workmen’s Compensation

Insurance and public liability and property damages liability.

7. Commercial General Liability - $500,000 combined single limit. The City of Hopewell, Virginia is to be named as an additional named insured with respect to the services being procured. These coverages are to include Products and Completed Operations Coverage.

8. Automobile Liability – bodily injury and property damage shall be provided as to limits set forth in the specifications

The contractor shall have executed and delivered to the City copies of all insurance certificates.

Executed copies of the performance bond shall become a part of all copies of the contract.

SPECIAL TERMS AND CONDITIONS

A. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this bid/proposal, no indication of such sales or services to the City of

Hopewell, Virginia will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the City of Hopewell, Virginia or any department or institution of the City has purchased or uses its products or services.

B. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the City of Hopewell, whichever is sooner. The agency, it’s authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

C. AWARD OF CONTRACT: An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The City reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

D. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for

120 days. At the end of the 120 days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

E. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

F. DRUG FREE WORKPLACE: The contractor acknowledges and certifies that it understands that the following acts by the contractor, its employees, and/or agents performing services on state property are prohibited:

1. The unlawful manufacture, distribution, dispensing, possession or use of alcohol or other drugs; and

2. Any impairment or incapacitation from the use of alcohol or other drugs (except the use of drugs for legitimate medical purposes).

3. The contractor further acknowledges and certifies that it understands that a violation of these prohibitions constitutes a breach of contract and may result in default action being taken by the City in addition to any criminal penalties that may result from such conduct.

G. EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete installation ready for the City’s use, and shall include all applicable freight and installation charges; extra charges will not be allowed.

H. MINORITY/WOMENOWNED BUSINESSES SUBCONTRACTING AND

REPORTING: Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such business to minority and/or women-owned businesses. Names of firms may be available from the buyer and/or from the Division of Purchases and Supply. When such business has been subcontracted to these firms and upon completion of the contract, the contractor agrees to furnish the purchasing office the following information: name of firm, phone number, total dollar amount subcontracted and type of product/service provided.

I. PREPARATION AND SUBMISSION OF BIDS: Bids must give the full business address of the bidder and be signed by him/her with his/her usual signature. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or any authorized representative, followed by the designation of the person signing. Bids by corporations must be signed with the legal name of the corporation followed by the name of the State in which it is incorporated and by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to the signature the word “President,” “Secretary,”

“Agent” or other designation without disclosing the principal, may be held to be the bid of the individual signing. When requested by the City, satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished.

J. WITHDRAWAL OR MODIFICATION OF BIDS: Bids may be withdrawn or modified by written notice received from bidders prior to the deadline fixed for bid receipt. The withdrawal or modification may be made by the person signing the bid or by an individual(s) who is authorized by him on the face of the bid. Written modifications may be made on the bid form itself, on the envelope in which the bid is enclosed, or on a separate document.

Written modifications, whether the original is delivered, or transmitted by facsimile, must be signed by the person making the modification or withdrawal.

K. RECEIPT AND OPENING OF BIDS: It is the responsibility of the bidder to assure that his bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. Bids received after the time designated for receipt of bids will not be considered.

Bids will be opened at the time and place stated in the advertisement, and their contents made public for the information of bidders and others interested who may be present either in person or by representative. The officer or agent of the City, whose duty it is to open them, will decide when the specified time has arrived. No responsibility will be attached to any officer or agent for the premature opening of a bid not properly addressed and identified.