RFP 24-0401 Water Sewer Master Plan.docx

City of Fredericksburg 715 Princess Anne Street, Fredericksburg, VA 22401

REQUEST FOR PROPOSAL (RFP) #24-0401 WATER SEWER MASTER PLAN

NIGP Commodity Codes:

Issue Date: November 6, 2023 • Due Date/Time: December 15, 2023 – 2:00 P.M. (EST) Procurement Officer: Siera Rogers| E-mail Address: ssrogers@fredericksburgva.gov

PROPOSAL SUBMISSION: All proposals must be received by the date and time shown on the cover page of this solicitation at the following address. Any proposals received after the stated time and date will be returned unopened. See Standard Terms for additional REQUIRED information regarding “Identification of Sealed Proposals.” Delivery address: City of Fredericksburg, Finance Dept. Attn. Siera Rogers, 715 Princess Anne Street, Fredericksburg, VA 22401.

Pre-Proposal NON-Mandatory meeting will be held virtually and at City Hall at 10:00 a.m. (see details below pg. 15)

CLARIFICATION OF TERMS: If any prospective Offeror has questions about the specifications or other solicitation documents, then it is the Offeror’s responsibility to contact the Procurement Officer in writing, no later than November 28, 2023, 2:00 P.M. (EST). Oral requests for information will not be accepted. No further written inquiries will be accepted after this time. Any revisions to the solicitation will be made only by an addendum issued by the Procurement Officer. Any addenda, notifications, extensions, cancellations or changes will be posted prior to the due date and time on the City’s website at www.fredericksburgva.gov and the Commonwealth of Virginia’s e-procurement website, www.eva.virginia.gov. No other notification will be provided. It is the responsibility of the prospective Offeror to obtain all current information from either the City website or the eVA website.

PERIOD OF CONTRACT: From award of Contract until December 2024 (Renewable)

The undersigned hereby offers and agrees to furnish all goods and/or services in accordance with the attached signed proposal and the mandatory requirements outlined herein, or as mutually agreed upon through subsequent negotiation.

Company Name: _______________________________

Address: ______________________________________

City/State/ZIP: ________________________________

Signature: ____________________________________

Printed Name: ________________________________

Title: _______________________________

Date: _______________________________

Email: __________________________________________

Telephone: ____________________________________

Fax: _________________________________________

Cell: _________________________________________

DUNS Number: ________________________________ eVA Vendor ID: _________________________________

Vendor SCC ID: __________________________________

NOTE: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, §2.2-4343.1 or against an Offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

Contents

Purpose

SECTION 1

1.1 General Information

The City of Fredericksburg has identified the need for a Water and Sewer System Master Plan and a Pro Rata rate system. The Master Plan will establish a process to identify, plan, and implement its various water and wastewater management needs, identify how best to respond to several critical and immediate issues (i.e., significant proposed developments), and develop a prioritized list of capital improvements to address the City’s longer-term water and sewer system needs.

The proposed Master Plan approach is to address immediate needs, including the scoping and prioritization of immediate and 5-year CIP projects in parallel with a systematic approach to building a comprehensive water and wastewater master plan that will be updated at regular intervals to track assets and anticipate needs for the City.

The Pro Rata rate system will establish a means for collecting fees from developers based on the allocation of specific projects costs, updated annually by the consultant with City oversight.

The Consultant shall carefully control costs, resources, and maintain the proposed project schedule. The Consultant shall assign a project manager who will act as the City’s primary contact and will be entirely responsible for the Consultant’s work and sub-Consultant work, if applicable. To ensure the project remains on schedule, the consultant shall provide a monthly progress report that includes a brief status of completed work, work to be completed in the next reporting period, problems/obstacles identified during the reporting period, and any other issues that may impact budget and/or schedule.

SCOPE OF WORK

SECTION 2

2.1 Overview

The scope of work shall generally include, but not necessarily limited, to the following:

Document Review and Data Collection: The selected Consultant will need to have non-disclosure agreements executed before any data is shared. Much of the data listed is confidential. A copy of the City of Fredericksburg Nondisclosure and Confidentiality Agreement is included as Attachment B.

· Review scope of services with Public Works staff and review project relevant documents. The Consultant shall submit an all-inclusive list of documents, plans, and data that may be necessary to complete the Utilities Master Plan. Some examples of available documents are as follows:

· Relative Engineering Tech Memos

· Review City’s water and sanitary sewer records to identify recent improvements constructed

· Review of City’s existing Capital Improvements Projects

· Coordinate with City to obtain recent basin and sewer flow data such as:

· Dukes Infiltration and Inflow (I & I) project deliverables, flow monitoring, and manhole inspection data. Claros flow monitoring data (by Hach) –access to be provided

· Water and Sewer system SCADA archive information

· Coordinate with City’s Planning Department to obtain future development plans, existing zoning and development areas, and associated land use and densities.

· Review the City’s water and sanitary sewer inspection videos, maintenance records, and meet with Utility staff to identify areas of concern regarding sewer collection and water distribution systems

· With assistance from Fredericksburg’s IT department, review GIS database for the sanitary sewer and water system and update accordingly. The consultant should be able to edit in ArcMap and ArcPro and have experience editing in Esri’s Utility Network data model and Geometric Network data model. In some instances, GIS data may be missing or may contain incorrect data for required fields such as pipe diameter, length, upstream invert elevation, downstream invert elevation, roughness coefficient and manhole rim elevation. A substantial gap analysis, including review and quality control checks of the GIS, shall be conducted by the consultant to identify missing data, erroneous input values, and values, which appeared to be estimated. Field inspection and/or surveying will be required to verify or collect any erroneous or missing data.

· Meet with Utility staff to review development plans and all relevant documents

· Prepare a description and general inventory of the sanitary sewer system and water system based on the review of plans, reports, studies, and field inspections. Identify all water and sewer connections to and from Spotsylvania and Stafford County Utilities. Similar documents, as referenced above, may be requested and provided for the water treatment, storage, and distribution system.

Field Investigations

· It may be necessary to augment existing flow monitoring data, data collection, and data review with additional flowmeters

· Meters should be strategically located to assist in the review/identification of average, maximum day and peak wet weather flow rates for residential (single and multi-family), commercial, hotel/motel, apartment land uses, industrial, and manufacturing. Meter locations and methodology must be reviewed and approved by the City.

· Recommend and provide coordinates and shapefiles data for the optimum location for permanently installed sewer and water master meters for measuring all water and sewer flows to and from Spotsylvania and Stafford County Utilities

SECTION 3

3.1 Water Distribution and Sewer Collection System Model Development It is anticipated that Citywide water and sewer system, Esri compatible, hydraulic models will be developed for evaluation of current supply/capacity and developing a plan for future needs and growth. The City does not produce or treat the municipal drinking water supply. The City purchases potable water from Spotsylvania County via the Motts Reservoir Water Treatment Plant. The City also has a metered water connection from Stafford County. The models should include all of the City’s water and sewer infrastructure.

3.2 Planning, Data, and Demand Information

· Utilize City GIS and operational data, as-built drawings, etc.

· Collect and summarize land use information for the existing and future service area boundaries consistent with the City of Fredericksburg Comprehensive Land Use, Zoning, and Development Plans

· Review Legislation/Regulations/Guidelines

· Review changes the City has instituted regarding Zoning and Land Use

· Update planning factors for latest population forecasts and demographic trends

· Confirm existing water and sewer system demands

· Project water and sewer system demands for a 20 year planning period

· Define demand categories

· Review water conservation program and identify opportunities to expand conservation program

· Review and adjust as needed demand projection methodology

· Update future demand projects based on adjusted assumptions

· Recommend and prioritize system capital improvements projects, schedules, and estimated costs to meet both current and future demands

· Evaluate water storage facilities for adequate supply for the planning period. The City currently operates the Courtland water tank. The Powhatan tank and booster pump station is currently abandoned but should be evaluated for recommissioning.

· Evaluate and provide recommendations for recommissioning the Powhatan water storage tank and booster pump station.

· Evaluate and recommend wastewater treatment plant capacity, operations, and process improvements.

· Identify any existing or projected sewer collection and water distribution deficiencies and recommend system improvements.

3.3 Existing System Inventory and Review

· Provide a listing of updated fire flow and pressure standards

· Evaluate the existing water system’s ability to deliver the fire flows defined by required standards

· Review, fire flow requirements, based upon revised Zoning Classifications

· Develop and provide a hydrant inspection and maintenance plan

· Develop and provide a water valve exercise, maintenance, and replacement plan

· Review storage capacity, supply, and pressure requirements

· Review water quality parameters and current system performance

· Identify future treatment issues per the Safe Drinking Water Act and other known regulatory compliance requirements

· Assess storage capacity for adequacy in backup, fire flow, equalizing storage, and emergency storage

· Review and provide recommendations for revisions to existing City utility system design standards, ordinances, and City Codes.

3.4 Water Quality

· Perform a water quality assessment that considers health protection and aesthetics

· Summarize drinking water regulations in the context of the water quality assessment performed

· Identify and provide recommendations for areas that require improved water quality, flow and/pressure, i.e., loops

· Develop and provide a unidirectional hydrant flushing plan and program

3.5 Distribution System Assessment

· Provide Citywide hydraulic water model, compatible with the City’s GIS, for support and verification of Plan recommendations.

· Review and summarize piping replacement completed

· Identify any future piping replacement requirements for the updated capital improvement program. Provide an assessment of existing telemetry, controls, SCADA systems, and Pressure Reducing Valves (PRVs) and recommend any improvements.

SECTION 4

4.1 Sanitary Sewer Collection System Model Development

· Develop and provide an industry standard calibrated hydraulic sewer model, compatible with the City’s GIS, for evaluating existing and projected dry and wet weather sewer flows. Identify locations within the wastewater collection system that have capacity constraints under diurnal and/or peak wet weather flows

· Identify or confirm areas in the City with high rates of Infiltration and Inflow (I&I)

· The Consultant shall provide the City with a hydraulic model that includes, but is not limited to, all of the following:

· Manhole and pipe segment identification numbers in accordance with Utility specified naming convention, City GIS convention, and manhole invert elevations pipes, rim elevations, and slopes for all pipes, manholes, force mains, and pump stations. This information should be in a format that is compatible with the City of Fredericksburg GIS system and can be integrated into either an Esri’s Utility Network or Geometric Network.

· GPS locate (+/- 1m or better) the City’s utility assets such as but not limited to; manholes, valves, hydrants

· Pipe size and material

· Pipe flow estimates for average, maximum day. peak dry and wet weather flows

· Consultant to recommend design peaking factors based on flow data and peak flow use.

· Links to any available meter data collected as part of Field Investigations

· Eight (8) Pumps station assessments

· Documentation that outlines the development process of the hydraulic model

· Workflow documentation that gives step by step instructions for how to use the hydraulic model

· Onsite training where the consultant demonstrates how the City can use the hydraulic model

4.2 Identification of sanitary sewer collection and water distribution and system deficiencies

· General nature and extent of the deficiency; i.e., inadequate pressure or capacity.

· Model conditions under which deficiencies are identified, i.e., full-day, peak hour, etc.

· Operating condition under which problem occurs, i.e., number of pumps operating, pumping station shutdown, etc.

· Model results for the deficient infrastructure

· Whether the deficiency is an operational, hydraulic, or regulatory issue.

4.3 Water and Wastewater Facilities Assessments

· Incorporate the City’s planned Wastewater Treatment Plant (WWTP) upgrade and expansion project into project modeling.

· Preliminary Engineering Reports for WWTP and Influent Pump Station (IPS)

· Currently, the City owns and operates a 4.5 MGD WWTP. The City is currently upgrading and expanding the WWTP to 6.0 MGD.

· The City procures potable water from the Motts Run Water Treatment Plant. The Motts Plant will be going through an Upgrade and Expansion. The City is currently allocated 5 MGD but will participate in the upgrade and expansion to an allocation to 7 MGD.

4.4 Water and Sanitary Sewer Capital Improvements Program

Develop a Water and Sanitary Sewer Capital Improvement program recommending short-term (5-year) and long-term (20-year) improvements necessary to meet all requirements as described to maintain the desired level of service for the City’s water distribution, sanitary sewer collection, and treatment systems. The Program should include following:

Condition Assessment

· Identify the useful life and value of the existing water distribution, sanitary sewer collection system, and treatment plant assets.

· Establish the asset values and recommended year-to-year replacement costs of aging infrastructure. The remaining useful life of assets shall be assessed by the Consultant using projected-useful-life tables, decay curves, or recent condition assessment studies

· Recommendation of Improvements

· Identify improvements (create an improvement program) necessary to meet the requirements of the Utility’s desired level of service.

· Develop a prioritization criterion to utilize when recommending improvements.

· Identify potential funding sources such as grants, federal incentive programs, and any other funding sources.

· Measures should account for:

· Probability of failure based on the condition of the infrastructure

· How critical the infrastructure is to system operations (i.e., ramifications of failure) and City growth (revenue)

· Potential I&I reduction to include areas of City I&I that flows from Spotsylvania County and cost savings represented by making these repairs)

· Cost of an infrastructure failure (including social and environmental costs in addition to hard costs of repairs).

· Establish a replacement and rehabilitation methodology for all recommended improvements. The process should take into account the material, condition, age of the infrastructure, and sensitive environmental areas (such as creeks and industrial areas)

· Prepare construction cost estimates associated with all recommended improvements or improvement programs.

· Create a prioritized list of recommended improvements for the 20 year planning period. Recommendations shall be provided in 5 year increments.

Section 5 Financials

5.1 Pro-Rata Rate System Development

· The City is in the process of developing and implementing a Sewer Pro-Rata Policy to finance sewer infrastructure for the Celebrate Virginia, Smith Run, Upper and Lower Hazel Run trunk sewer systems. The Master Plan should expand the Pro Rata Policy to include the remaining sewer basins and the water system detailed.

· Infrastructure that could be financed under the pro-rata policy includes water transmission mains, pumping stations, storage tanks, as well as sewage interceptor sewers, pumping stations, and force mains.

· The policy would apply to the entire city.

· Pro-Rata charges would be based on project location, such as the water pressure zone and sewer drainage basins, along with the project’s estimated flow.

· Provide spreadsheets to determine and substantiate reasonable costs and pro-rata rates. Provide recommended method for annual updates of both projects cost and pro-rata rates.

· Develop a Water and Sewer General Development Plan per state code for Pro Rata development and implementation

· Water Implementation Plan

· Sewer Implementation Plan

SECTION 6

6.1 Public Involvement

The City desires to conduct a transparent review of its Water and Sewer Master Plan Update.

· The Consultant shall assist the City staff in preparing materials and making presentations to City Council and the public to solicit input and support for the plan. Consultant shall be prepared to attend and participate in Community Neighbor Hood Public Open House meetings, City Council meetings (including preparation for Public Hearings), and public information for the Plan Update.

· Subtasks will include:

· Coordinate and Assist in initial development and organization of Community Neighbor Hood Public Open House meetings to present Plan Update findings and recommendations

· Provide technical resources and attendance as appropriate for meetings

· Make presentations at City Council meetings

· Make presentations at Local Service Group meetings

· Prepare for, present, and attend meetings with the Planning Commission and City Council

6.2 Project Management and Administration: The proposal should detail the project management methodology, project schedule, and all key personnel responsible for completion of the Master Plan project. Details to include, but not necessarily limited to, the following:

· Contract management

· Sub-consultant management

· Schedule, coordinate, and supervise project meetings, work items, and quality control

· Maintain coordination with and act as liaison between City and other outside agencies such as Department of Environmental Quality, Virginia Department of Health, and Planning Departments.

· Prepare and permanently document all records of decision

· Prepare progress reviews and maintain all meeting minutes

· Monitor project budget

· Prepare, maintain, and update project activity schedules.

· Provide timely responses to City and state agency comments

Section 7

7.1 Project Deliverables: The project deliverables should include, but not necessarily limited, to the following:

· Electronic and hard copies (5 each) of all meeting minutes

· Electronic and hard copies (5 each) of all project schedules

· Electronic and hard copies (5 each) of all review comments and responses

· Electronic and bound hard copies (5 each) of the 35, 60, 90, and 100 percent Master Plan Documents

· Electronic and hard copies (5 each) of 24” by 36” of Water and Sewer System Modeling Maps, Existing Infrastructure Maps, Recommended CIP System Improvements Tables, and Pro Rata Maps

· Shapefile data for all layers included with any map deliverables. Provide GPS coordinates and shapefile data for all geolocated assets

· Name, Version, and Provider of Esri compatible Modeling software used for developing the Master Plan

· Electronic Data files for all modeling data that can be installed on City owned and/or purchased modeling software.

· Electronic and hard copies (5 each) of documentation outlining hydraulic model creation

· Electronic and hard copies (5 each) of workflow documentation explaining how the City can use the hydraulic model

· Onsite training that the contractor will lead to demonstrate the capabilities of the hydraulic model and any relevant training material

· Electronic copy of Pro Rata Programs, Rates, and Implementation Spreadsheet Calculations

PROPOSAL INSTRUCTIONS - PREPARATION AND SUBMISSION

A. Proposal Requirements

In order to be considered for selection, Offerors should submit a complete response to this RFP.

Proposal Delivery Methods:

Preferred - One (1) original and two (2) hard copies of each proposal and one (1) electronic copy (CD, DVD, or removable drive) of each proposal must be submitted to the City by the due date and time. If the proposal contains proprietary information, submit one (1) hard copy and one (1) electronic copy that DO NOT contain the proprietary information, and mark them as REDACTED copies.

It is the Offeror’s responsibility to ensure that proposal packages are received by the time and date indicated and at the appropriate location. Proposals submitted elsewhere, including to other City buildings, will not be accepted. Any proposals received at the specified location after the deadline will not be considered and shall be returned unopened.

Refer to the cover page of this document for the deadline and for the address.

1. Proposal Preparation

An authorized representative of the Offeror must sign any submitted proposal. All required information must be submitted. If an Offeror fails to submit all information requested, the purchasing agency may require prompt submission of missing information after the receipt of proposal. Failure to submit all required information may result in a lowered evaluation score of the proposal. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. The Offeror is responsible for all costs of proposal preparation. The City is not liable for any costs incurred in preparing a response to the RFP. Emphasis should be placed on completeness and clarity of content.

Other proposal format requirements include:

a. The entire proposal response shall be signed and filled out as required. The entire RFP, with signature page, must be included in the ORIGINAL proposal and the ELECTRONIC copy of the proposal. Additional copies must include the signed cover page, but need not include the remainder of the original RFP. See Section V, entitled “Proposal Instructions - Preparation and Submission,” Item B, entitled “Specific Proposal Submission Instructions” for submittal requirements.

b. No font smaller than 12 point.

c. 8½ x 11 inch page size (larger pages are allowed for figures or tables, but they should be folded into the overall proposal and used sparingly.)

d. All pages should be numbered.

e. The number of pages in the proposal no more than to 50 front/back.

Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

The signed proposal and required number of copies must be returned in a separate envelope, box, or other sealable package, and identified as follows:

Vendor Name Street or Box Number City, State, Zip Code

POSTAGE*

City of Fredericksburg Procurement Office ATTN: Siera Rogers, Procurement Officer 715 Princess Anne St.

Fredericksburg, VA 22401

-OR-

Post Office Box 7447 715 Princess Anne St.

Fredericksburg, VA 22404-7447

Note on the package the due date/time & RFP#/title

Unsealed proposals may be hand delivered to the designated location in the office issuing the solicitation, please check office hours and for Holiday closures.

No other correspondence or other proposals should be placed in the envelope, box, or other sealable package.

Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact-finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.

2. Clarification of Terms

If any prospective Offeror has questions about the specifications or other solicitation documents, the prospective Offeror should contact the Procurement Officer by the date indicated on the face of the solicitation. All inquiries must be submitted in writing to Siera Rogers, via email, at ssrogers@fredericksburgva.gov. Please include the RFP number and title in the subject line of the message.

Any revisions to the solicitation will be made only by addendum issued by the Procurement Officer and will be posted on the City’s website, www.fredericksburgva.gov and the state procurement website at www.eva.virginia.gov. No other notification will be made.

3. Proprietary Information

All records pertaining to this procurement are open to inspection by the public under the Virginia Freedom of Information Act unless specifically exempted under Virginia Code § 2.2-4342. If an Offeror wants portions of a proposal to be confidential, the Offeror must comply with § 2.2-4342(F), which requires that Offerors (i) specifically invoke the protections of § 2.2-4342(F) before or upon submission of the data, (ii) identify the specific data to be protected, and (iii) state the reasons why protection is necessary. Pricing information cannot be marked confidential. If the City cannot tell which specific parts of the proposal are marked as confidential, if the entire proposal is marked as confidential, or if the proposal does not completely comply with § 2.2-4342(F), the entire proposal is public information, and the City will release it in response to a valid records request, in accordance with the timelines specified in § 2.2-4342(D).

The classification of the entire proposal document and/or pricing information as proprietary or trade secrets is not acceptable.

B. Specific Proposal Submission Instructions

Proposals should be as thorough and detailed as possible so that the Proposal Evaluation Team can properly evaluate the Offeror’s capabilities to provide the required services. Offerors are strongly advised to provide a model for the City’s evaluation purposes that represents their solution to all requirements depicted in the RFP, and which is complete, comprehensive, simple and easy to understand. Offerors are required to submit the following items, separated by tabs within the proposal and in sequential order with a Table of Contents corresponding to the related sections of this RFP:

TAB 1: RFP and Addenda

The complete RFP with attachments signed and filled out as required. The proposal shall also include an original signed copy of any future addenda to this RFP that may be issued.

TAB 2: Qualifications

Describe your firm’s background, experience, and qualifications related to this type of contract that should include, but need not be limited to, the following:

· Professional competence of consultant/firm and key personnel

· Resumes of key personnel

TAB 3: Implementation

Describe your firm’s capability to respond to the City’s needs including the following:

· Current workload of key personnel and ability to take on additional consultation, evaluation, and field work when needed

· The firm’s distance from Fredericksburg

· Communication and response management plan

TAB 4: Experience

· General and specific examples of relevant work

· References (3) within last 5 years

TAB 5: Appendices, Data and Other Submissions

· Include any other appendices, data, and other information necessary to support your proposal.

EVALUATION AND AWARD CRITERIA

The Procurement Officer will review all proposals received by the proposal submission deadline. Proposals must be complete and responsive to all sections of the RFP. Proposals that do not fulfill all program requirements or omit any of the requested contents may receive a reduced evaluation score. Failure to meet all mandatory requirements may result in a reduced evaluation score of up to 10% of the total available points. Selection of the successful Offeror will be based upon submission of proposals meeting the selection criteria. The minimum selection criteria will include:

Total 100 Points

PREPROPOSAL CONFERENCE

An optional preproposal hybrid meeting will be held November 17th at 10:00 a.m. at 715 Princess Anne Street, Fredericksburg, VA 22401 in Large conference room on the 2nd Floor. If you can’t attend in-person, we have a virtual option please see the following instructions:

-OR-

RFP 24-0401 Water Sewer Master Plan

Please join my meeting from your computer, tablet or smartphone.

https://meet.goto.com/987738725

You can also dial in using your phone.

Access Code: 987-738-725 United States: +1 (646) 749-3122

Join from a video-conferencing room or system.

Meeting ID: 987-738-725 Dial in or type: 67.217.95.2 or inroomlink.goto.com Or dial directly: 987738725@67.217.95.2 or 67.217.95.2##987738725

Get the app now and be ready when your first meeting starts:

https://meet.goto.com/install

For additional questions, email ssrogers@fredericksburgva.gov, and please include the RFP number and title in the subject line of the message.

OFFEROR ELIGIBILITY REQUIREMENTS AND QUALIFICATIONS

The following requirements and qualifications are MANDATORY and pertain to the solicitation only. Compliance will determine if Offeror may be deemed eligible for award.

1. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, and that they are not an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

2. MANDATORY USE OF CITY FORM AND TERMS FOR RFPs: Failure to submit a proposal on the official City form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms of the solicitation may be cause for rejection of the proposal; however, the City reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

3. 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 services or furnish the goods, and the Offeror shall furnish to the City all such information and data for this purpose as requested. Verification of stated qualifications should be provided with the Offeror’s response. The City reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The City further 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 provide the services and/or furnish the goods contemplated therein.

4. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By their signature on this solicitation, Offerors certify and warrant that their firm, and any individual employees and/or subcontractor(s) is/are properly certified and/or licensed by the appropriate federal, state, or other regulatory authorities to provide all goods and services specified or fulfill the requirements delineated herein.

5. VIRGINIA STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, an Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its proposal a statement describing why the Offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor 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 City’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the Offeror 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.

6. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the City will publicly post such notice on the City website, www.fredericksburgva.gov, and the eVA VBO (www.eva.virginia.gov) for a minimum of ten (10) days.

7. AWARD: Selection shall be made of multiple Offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposal, including price, if so stated in the Request for Proposal. Negotiations shall be conducted with the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, the agency shall select the Offeror, which, in its opinion, has made the best proposal. It is the intent of the City to issue an award to the highest ranking Offeror. The City reserves the right to make awards for any goods or services, depending upon the capabilities and benefits described in any Offeror’s proposal, and as the City deems in its best interest. Such decision shall be based upon the City’s sole and exclusive judgment.

The City may cancel this Request for Proposal or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the City determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to Offeror. The award document will be a contract incorporating by reference all the requirements, terms, and conditions of the solicitation and the contractor’s proposal as negotiated.

GENERAL TERMS

These are mandatory and non-negotiable terms applicable to any contract awarded under this procurement.

A. Assignment. Contractor will not assign or otherwise transfer any of its rights, obligations, or interests in this contract without the written permission of the City.

B. Audit. Contractor will retain all records related to this contract for 5 years after final payment or until audited by the City, whichever comes first. The City may inspect these records upon reasonable notice to Contractor.

C. Authorization to do Business in Virginia. Contractor is authorized to do business in Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 of the Virginia Code. Contractor will not allow its existence to lapse or its certificate of authority or registration to do business in Virginia to be revoked or cancelled during the term of this contract.

D. Choice of Law, Venue. This contract is governed by Virginia law. The Circuit Court of the City of Fredericksburg, Virginia, is the exclusive venue for any litigation regarding this contract.

E. Claims. Contractor must notify the City in writing of its intention to file a claim at the time of the occurrence or beginning of the work upon which the claim is based. All claims must be submitted less than 60 days after the final contract payment.

F. Default. The City is in default 1) if it fails to pay any amount due to Contractor; or 2) upon any other material failure to comply with the terms of the contract. Contractor is in default upon any material failure to comply with the terms of the contract. A party alleging that the other party is in default must provide the allegedly defaulting party with written notice specifying the alleged default and allow 30 days for the default to be cured.

G. Dispute Resolution. The parties will first endeavor to resolve any disputes, claims, or other matters in question between them through direct negotiations, and if direct negotiations fail, by non-binding mediation, with the exclusive venue of the mediation being the City of Fredericksburg. Should the dispute remain unresolved either (i) following negotiation and mediation, or (ii) more than 90 days after a party has requested mediation, either party may institute a lawsuit or chancery action, as appropriate, in Fredericksburg Circuit Court, and may pursue all available appeals in Virginia state courts, to the extent they have jurisdiction. Any agreement reached in mediation must be reduced to writing and executed by the parties; upon execution, the agreement will be enforceable as a settlement agreement.

H. Drug-Free Workplace. Contractor agrees to (i) provide a drug-free workplace for the contractor’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 prohibited in Contractor’s workplace and specifying the actions that will be taken against employees for violating that prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace; and (iv) include the terms of this section in every subcontract or purchase order of over $10,000, so that the terms will be binding upon each subcontractor and vendor.

I. Ethics in Public Contracting. Contractor certifies that its offer 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 and that it has not conferred on any public employee having official responsibility for this purchase 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. Force Majeure. No party to this Agreement shall be liable or responsible to the other party for any failure, interruption, or delay in fulfilling any of its obligations under this agreement, due to events beyond the affected party’s control, including natural disaster, act of God, war, armed conflict, pandemic, epidemic, public health crisis, or state of emergency, provided that the affected party gives the other party prompt written notice of the occurrence of the event, stating the period of time the occurrence is expected to continue. The affected party shall use diligent efforts to end the failure, interruption, or delay and ensure the effects of the Force Majeure Event are minimized.

K. Freedom of Information Act. All records pertaining to this contract are open to inspection by the public under the Virginia Freedom of Information Act (Virginia Code § 2.2-3700 et. seq) unless specifically exempted under the Act (including records properly exempted under Code of Virginia § 2.2-4342).

L. Immigration. Contractor does not, and will not during the performance of this contract, knowingly employ an unauthorized alien as defined in federal Immigration Reform and Control Act of 1986. Contractor will register for and participate in the federal E-Verify Program if required to do so under Code of Virginia § 2.2-4308.2. Contractor will provide the City with a copy of their E-Verify “Maintain Company” page to the City upon request. Failure to comply with E-Verify requirements subjects Contractor to automatic disbarment from City procurement until the requirements are met.

M. Indemnification. Contractor will save, defend, hold harmless, and indemnify the City, and all of its elected and appointed officials, officers, employees, agents, departments, agencies, boards, and commissions from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, or exposure, however caused, resulting from, arising out of, or in any way connected with Contractor's negligent acts, errors or omissions, recklessness or intentionally wrongful conduct of the Contractor in performance or nonperformance of its work under the contract. This indemnification survives the termination of the contract.

N. Insurance. Contractor and any subcontractors will maintain the following insurance coverage, provided by insurance companies authorized by the Virginia SCC to offer insurance in Virginia, during the entire term of the contract. Contractor will provide copies of its Certificates of Insurance to the City.

O. Licensing. Contractor will maintain all licenses and certifications required by applicable federal, state, and local governmental entities for provision of the goods and services to be provided under this contract.

P. Modifications. Only the City Manager or City Procurement Officer may modify this contract on behalf of the City. Only the original signatory of the contract on behalf of Contractor, or another individual authorized in writing by Contractor to modify the contract, may modify the contract on behalf of Contractor. Modifications to this contract can only be authorized in accordance with Code of Virginia § 2.2-4309. Modifications can only be authorized by the following methods:

City and Contractor may agree in writing to modify the terms of the contract. Any additional goods or services to be provided must be of a sort that is ancillary to, or within the same broad product or services categories as, those provided for in the original contract.

The City may issue written change orders for changes such as services to be performed, methods of packing or shipping, and place of delivery or installation. If Contractor determines that the change order will not necessitate a change in compensation or schedule, Contractor will comply with the change order upon receipt. If Contractor determines that the change order will necessitate a change in compensation or schedule, Contractor will notify the City of that determination, and only proceed to comply with the change order upon the City’s written approval.

The contract may be renewed by agreement if provided for in the description of the contract term. Contractor shall not require any employee or agent of the City other than the City Manager or Procurement Officer to execute any additional contract, license, or other agreement pertaining to this contract.

Q. Non-appropriation. All funds for payments after June 30 of the current fiscal year are subject to appropriation by the City Council. If Council does not appropriate the required funds, the City will terminate this contract on June 30 of the then-current fiscal year.

R. Non-Discrimination. Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or 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. Contractor will post in conspicuous places, available to employees and applicants for employment, notices stating the terms of this section.

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

Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation are sufficient for the purposes of this section.

Contractor will include the terms of this section in every subcontract or purchase order of over $10,000, so that the terms will be binding upon each subcontractor and vendor.

Contractor will conform to the Federal Civil Rights Act of 1964, the Virginia Fair Employment Contracting Act of 1975, the Virginians with Disabilities Act, and § 2.2-4343.1E of the Virginia Public Procurement Act.

S. Notices. Any notices pertaining to this contract must be sent by first-class mail to:

a. To the City:

Fredericksburg City Manager P.O. Box 7447 Fredericksburg, Virginia 22404-7447

b. To the Contractor:

The address listed on Contractor’s Proposal or Bid. Contractor may change its address for notices by notifying the City in writing of the change.

T. Payments. Contractor must provide its federal employer identification number and VA W-9 to the City before requesting payment.

Contractor will submit itemized invoices, with appropriate documentation, to the City, at the payment address shown on the purchase order or contract. All invoices must show the City contract or purchase order number and Contractor’s federal employer identification number. No invoice may include any cost other than those listed in the contract or in an individual purchase order referencing the contract.

The City will pay invoices within 30 days of receipt. Any invoice not paid within 30 days will accrue 1% interest per month. When payment is made by mail, the date of the postmark will be considered the date of payment. If offset proceedings have been instituted under the Virginia Debt Collection Act, the date of offset will be considered the date of payment.

Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time an order is placed. In these cases, payments are contingent on the City’s determination that all invoiced charges are reasonable. The City will notify Contractor within 30 days of invoice of any charges it determines to be unreasonable. Payment for those charges will be suspended until a settlement is reached. Contractor will not take legal action concerning the charges unless a settlement is not reached within 30 days of notification.

U. Payments to Subcontractor. Within 7 days after receipt of payment by the City for work performed by a subcontractor, Contractor shall a) pay the subcontractor for the proportionate share of the total payment received from the City attributable to the subcontractor’s work, or b) notify the City and the subcontractor, in writing, of Contractor’s intention to withhold payment and the reason for…