RFP 26-002 Engineering Consulatant Services.pdf

REQUEST FOR PROPOSALS

Engineering Consultant Services

RFP No: 26-002 Date: May 20, 2026 City of Poquoson

City Manager’s Office 500 City Hall Avenue Poquoson, VA 23662

Phone: (757) 868-3000 Fax: (757) 868-3101

Sealed proposals, subject to the terms and conditions contained herein, will be received at the City Manager’s office, 500 City Hall Avenue, Poquoson, Virginia, 23662, through the due date and hour shown below (local prevailing time), for furnishing the following described materials, and/or services, for delivery and/or performance F.O.B. POQUOSON, VIRGINIA.

Scope of Work: The purpose of this RFP is to establish a term contract with a qualified firm to provide professional engineering services to the City for an initial term ending June 30th 2027, with the option to renew the contract for up to two (2) additional one

(1) year periods.

Proposals Due: June 18, 2026 @ 10:00 A.M.

Contract Officer: J. Randall Wheeler, City Manager, (757-868-3000), email: randy.wheeler@poquoson-va.gov

ONE ORIGINAL AND THREE COPIES OF YOUR SUBMITTAL IS REQUIRED

In compliance with this Request for Proposals, and subject to all the conditions thereof, the undersigned offers to furnish the materials requested and certifies signature has read, understands, and agrees to all terms, conditions, and requirements of this proposal, and is authorized to contract on behalf of firm named below.

Company Name:

Address:

City/State/Zip:

Telephone: FAX No.: E-mail:

Federal Tax ID (or Social Security #):

Print Name: Title:

Signature: Date:

NOTICES

Copies of the Proposal Documents may be obtained at the Poquoson City Manager’s office located, 500 City Hall Avenue, Poquoson, VA at no charge between the hours of 8:30 am to 4:30 pm.

Inquiries regarding the technical aspects of this need and the procedures of this solicitation should be directed to Paul Phelan, City Engineer, at (757) 868-3040, paul.phelan@poquoson-va.gov

GENERAL TERMS AND CONDITIONS

1. Governing Laws and Courts: This solicitation and any resulting contract shall be governed in all respects by the laws of the

Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of York County/Poquoson, Virginia. The Contractor shall comply with all applicable federal, state and local laws, rules and regulations (§ 15.2-1235, Code of Virginia).

2. Anti-Discrimination: By submitting their proposals, offerors certify they will conform to the provisions of the Federal Civil Rights

Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA).

If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (§ 2.2-4343.1E, Code of Virginia). In every contract over $10,000 the provisions in “a” and “b” below apply:

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

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

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

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

b. The Contractor will include the provisions of “1” above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each sub-contractor or vendor.

3. Ethics in Public Contracting: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or sub-contractor in connection with their proposal, 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.

4. Immigration Reform And Control Act Of 1986: By submitting their proposal, offerors certify that they do not and shall not during the performance of this contract, knowingly employ any unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986, as amended (§ 2.2-4311.1 Code of Virginia).

5. Debarment Status: By submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of

Virginia or any government entity from submitting 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.

6. Antitrust: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the City of Poquoson 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 Poquoson under said contract.

7. Clarification of Terms/Addenda: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the contract officer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the contract officer and posted on the public posting board in City Hall. It is the offerors sole responsibility to ensure they have obtained any and all addenda prior to submittal of their offer. (§ 2.2-4316, Code of Virginia).

8. Payment: A. Payment terms shall be Net 30 days unless otherwise stated by the offeror on this solicitation. The payment terms stated herein must appear on the vendor’s invoice. Failure to comply with this requirement may result in the invoice being returned to the vendor for correction. Late payment charges shall not exceed the allowable rate specified by the Virginia Prompt Payment Act. (1% per month) (§ 2.2-4352, Code of Virginia).

9. Drug Free Workplace: During the performance of this contract, the 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 the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

10. Availability of Funds: It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available “subject to appropriation” by the City Council for the purpose of this agreement, ref § 15.2 Chapter 25 Code of Virginia.

11. Precedence of Terms: Paragraphs 1-10 of these General Terms and Conditions shall apply in all instances. In the event of a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions, the Special Terms and Conditions shall apply.

12. Identification of Proposal Envelope: If a special envelope is not furnished, or if return in a special envelope is not possible, the signed proposal should be returned in a special envelope or package, sealed and identified with the Offeror’s Name, Solicitation Number and Due Date and Time. Prices or changes shown on the outside of an envelope is not acceptable and will not be considered.

13. Late Proposals: To be considered for selection, proposals must be received by the City Manager’s office by the designated date and hour, as determined by the clock in the City Manager’s office reception area. Proposals received in the City Manager’s office after date and hour designated are automatically non-responsive and will not be considered. The City is not responsible for delays in the delivery of mail by the U. S. Postal Service, private courier, or the Inter-Departmental City Mail System. It is the sole responsibility of the offeror to ensure that its proposal reaches the City Manager’s office by the designated date and hour. If the City is closed for business at the time scheduled for the receipt of proposals, the proposals will be accepted on the next business day of the City, at the originally scheduled hour.

14. Qualification of Offerors: The City Manager may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the City Manager all such information and data for this purpose as may be requested. The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. The City reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The City Manager further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the City Manager 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.

15. Additional Information: The City reserves the right to ask any offeror to submit information missing from its proposal, to clarify its proposal, and to submit additional information which the City Manager deems desirable. By submitting their offers, bidders certify they understand these prohibitions, and if awarded a contract as a result of this solicitation, they will comply. They also understand that a violation of these prohibitions are breach of contract and can result in default action being taken by the City.

16. Award Notices: Awards or Decision’s to Award shall be posted on the public posting board in City Hall, ref. § 2.2-4360, Code of Virginia.

17. Protest of Award or Decision to Award: Any Offeror who desires to protest the award or decision to award a contact shall submit such protest in writing to City Manager no later than ten days after the award or the announcement of the decision to award, whichever occurs first. The written protest shall include the basis for the protest and the relief sought. The City Manager shall issue a decision in writing within ten days stating the reasons for the action taken. This decision shall be final unless the Offeror appeals within ten days by instituting legal action as provided in § 2.2-4364 of the Code of Virginia.

18. Assignment of Contract: The resulting contract shall not be assignable in whole or in part without the City’s written consent.

19. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City Manager, 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.

20. Cancellation of Contract: The City Manager 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. 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.

21. Contractual Disputes: In accordance with § 2.2-4363 of the Code of Virginia, claims arising out of this contract, whether for money or other relief, may be submitted to the City of Poquoson, by submitting the claim in writing, with all necessary data and information to substantiate the claim attached, to the City Manager. Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment. The City Manager shall render his/her decision within thirty (30) days.

22.Indemnification: Contractor agrees to indemnify, defend and hold harmless the City, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered.

SPECIAL TERMS AND CONDITIONS

1. Independent Contractor: The Contractor shall not be an employee of the City of Poquoson, but shall be an independent Contractor.

Nothing in this agreement shall be construed as authority for the Contractor to make commitments, which shall bind the City of Poquoson or to otherwise act on behalf of the City of Poquoson, except as the City of Poquoson may expressly authorize in writing.

2. Supremacy Clause: Notwithstanding any provision in the offeror’s response to the contrary, the offeror agrees that the terms and conditions contained in the City’s Proposal shall prevail over contrary terms and/or conditions contained in the offeror’s response.

3. Final Decision: The offeror agrees that the decisions of City Manager are final and shall hold the City, their directors, employees, consultants and those involved in this solicitation and selection, and the successful vendor(s) harmless. The submission of a proposal indicates adherence to these conditions.

4. Renewal of Contract: This contract may be renewed by the City for a period of two (2) additional successive (1) one year periods under the terms and conditions of the original contract. Price increases may be negotiated only at the time of renewal. Written notice of the City’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

City Council reserves the right to extend any contract, after its final expiration date on an annual basis, if deemed to be in the best interest of the City.

5. Questions: Questions about the proposal are to be submitted in writing, to the City Engineer, Paul Phelan, 500 City Hall Avenue, Poquoson, VA 23662 or email at paul.phelan@poquoson-va.gov or Assistant City Manager, Tonya O’Connell, 500 City Hall Avenue, Poquoson, VA 23662 or email at Tonya.OConnell@poquoson-va.gov . Request for additional information or interpretations on instructions may also be addressed. The City Manager’s office urges interested vendors to communicate concerns during the response period to avoid misunderstandings. Questions received less than five (5) business days prior to the proposal due date may not be answered. Questions may be answered by written addenda. All addenda issued by the City Manager’s office shall become part of the specification and may be made part of the contract documents. Addenda will be distributed to all that are known to the City Manager’s office to have received a complete set of solicitation documents. Addenda will also be posted on the Poquoson public bulletin board. No addenda will be issued later than three (3) days prior to the solicitation due date, except an addendum cancelling or postponing a solicitation may be issued at any time prior to the receipt of offers. It is the offerors’ sole responsibility to ensure they have obtained any and all addenda prior to submittal of their offer and acknowledged them in their proposal response.

6. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices and professional standards are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

7. Insurance: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following minimum insurance coverage(s) at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with § 2.2-4332 and § 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the Contractor and any subcontractors will maintain these insurance coverage(s) during the entire term of the contract and that all insurance coverage(s) will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Note: Actual limits and aggregates may be increased or decreased for specific projects during negotiation or as the City Manager assesses the amount of risk.

Minimum Insurance Coverage(s) and Limits Required for most Contracts:

a. Workers’ Compensation: Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include employer. Contractors who fail to notify the City of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

b. Employer’s Liability: $100,000

c. Commercial General Liability: $1,000,000 per occurrence. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The City of Poquoson must be named as an additional insured and so endorsed on the policy. Garage-keeper’s Liability, Product Liability and some complete operation coverage is required when maintenance/service contracts are for vehicles.

d. Automobile Liability: $100,000 per occurrence, if motor vehicle is to be used in the contract.

e. Professional Liability/Errors and Omissions: $500,000 per occurrence, if required by the contract or City Manager.

f. Construction: All Risk Builders Risk Property insurance on the completed value of all such work, with exclusions for design or defects removed by policy endorsement, if required by subsequent contract or City Manager.

SCOPE OF SERVICES

The City of Poquoson (“City”) is seeking proposals from qualified, government experienced, professional engineering firms to act as “on-call” technical experts for municipal engineering work, for an initial term ending June 30th, 2027, with the City’s option to renew for two (2) additional, one (1) year terms. Specifically, the City desires the successful offerors be professional civil engineering consultant engineering firms with expertise in municipal engineering.

Professional services will be used for special projects and to supplement the City’s technical staff. Environmental, flood control, sanitary sewer, transportation, and land development engineering experience in coastal communities is preferred. Work may range from major watershed/sewer system analyses to review of small subdivision development plans. In addition to design and study work, consultants may be asked to provide budget estimates and schedules; develop long range plans to meet environmental mandates;

perform inspections; and provide public education and Council briefings on technical issues.

Poquoson is a low lying, flat coastal community with tidal and tidally-influenced drainage features; wetlands; high groundwater; and significant area located within FEMA flood hazard areas. It is essential that engineers contracted in the City are experienced in working in these conditions. Poquoson is part of the regional EPA Consent Order aimed at eliminating sanitary sewer overflows. The City owns its own roads, with road work completed following VDOT locally administered projects rules. Local waters have bacterial TMDL’s and are subject to the Chesapeake Bay TMDL.

Consultant engineers contracted for Poquoson may be involved in the following:

Storm water:

• Grant applications

• Large, linear ditch enhancement projects

• Coastal project analysis and design

• Innovative storm water quality and flood control projects

• Storm hazard mitigation

• Following major storms clean up inspections and damage mitigation

• Engineering solutions for the Chesapeake Bay Protection Act, FEMA and Virginia flood zone requirements

Structural Engineering: Retaining walls, marine structures, Transportation:

• Traffic analyses and counts; speed studies

• Road design and construction

• Road work complying with VDOT Locally Administered Project requirements and guidelines

Sanitary Sewer Work

• Force main and gravity system design experience

• Familiarity with HRSD standards and requirements

• Pump station (new and retrofit) design and construction experience

• Hydraulic modeling of systems

Solid and Hazardous Waste/Spill Prevention, Containment and Countermeasure Planning

• Storm Water Pollution Prevention Plan (SWPP) and Spill Prevention, Control, and Countermeasure (SPCCP) for publically-owned facilities

The qualified firm will provide guidance to the City when requested in Civil Engineering technical matters.

Upon request; providing other duties as appropriate, within the normal scope of a consultant engineer’s relationship to a retained client.

PROPOSAL SUBMISSION REQUIREMENTS

A. Executive Summary – This should include a statement of understanding of the Scope of Services, and a brief overview of the key elements of your proposal. Highlight any features or areas that differentiate your services from competitors.

B. Request for Proposal – A signed and initialed Request for Proposal document with any addenda acknowledgements filled out and signed as required.

C. Work Approach – Describe how the Engineering Consultant will plan, conduct, and report on the various technical services, and coordinate their work with the City Engineer.

D. Qualifications and Experience of Firm – Describe the firm’s qualifications to perform the professional engineering services, and the firm’s experience with other local governments and authorities on various municipal engineering projects. Include references from similar projects. Discuss availability of staff that may be considered as experts in the field of storm water quantity and quality management, coastal engineering, transportation, sewer gravity and pressure flow, facility spill prevention/good housekeeping, and other pertinent areas that differentiate your firm form competitors.

E. Qualifications and Experience of Local Staff – Identify the individual Firm employees likely to be assigned to the City’s project, and their qualifications, training and experience to perform the services. Describe the plan to maintain the quality and continuity of staff during the term of the contract.

F. Joint Ventures or Associated Firms – Name and describe any associated firm or joint venture that would be involved in the assignment. Show the names and addresses of all individuals or organizations included, and describe their particular areas of anticipated responsibility(ies).

G. Resumes – Resumes of individual who will be assigned to the work. Specifics such as professional certifications, college degrees, and experience in local government and/or authorities performing comparable work should be clearly shown.

H. Cost and Pricing –

1. No price proposal.

Pursuant to VA Code § 2.2-4302.2, this Request for Proposal does not request that the Offeror furnish estimates of man- hours or costs for services within the Offeror’s proposal.

2. Negotiation of Pricing Arrangements. Offeror(s) selected for final contract negotiation and award through the evaluation process will be requested to submit a price proposal. The price proposal shall provide specific cost information as may be detailed in the negotiations phase notification or price proposal request that will be sent to the selected Offeror(s). The price proposal shall be due within the time specified in the request. The Offeror shall not be required to, nor should they submit billing rates, estimates of man-hours or other information pertaining to costs of services until requested by the City in the contract negotiation stage.

EVALUATION CRITERIA

(Listed in order of relative importance)

Each proposal will be evaluated for full compliance with the RFP instructions to the offeror and the mandatory terms and conditions set forth within the RFP document. The objective of the evaluation will be to recommend the firm who is most responsive to the herein described needs of the City. The proposal will be evaluated on the following criteria:

1. Qualifications, Resources, and Experience of the Firm – specific municipal engineering experience, coastal engineering experience, and client references for similar services on previous projects, with similar clients.

2. Capability and Skill – qualifications and prior job experience of proposed staff, and their professional competence to provide the required services.

3. Work Approach and Plan - general understanding of the scope of services required for an on-call municipal engineering consultant, the challenges facing the City of Poquoson, the firm’s corresponding adaptability to the municipal engineering projects and demonstrated solutions to achieving a cost-effective project.

4. Responsiveness – ability to perform the services in a reasonable period and within budget.

5. Proximity – proximity and ability to be on site as necessary to perform the services.

6. Completeness of the proposal.

PROPOSAL EVALUATION PROCESS

Proposals will be evaluated and interviews scheduled with selected firms. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposals (RFP). Interviews shall then be conducted with selected offerors. After interviews and negotiations have been completed, the City shall select the offeror, which, in its opinion, has made the best proposal, and shall award the contract to that offeror. Should the City determine that only one offeror is fully qualified or that one offeror is clearly more highly qualified than others, a contract may be negotiated and subsequently awarded to that offeror.

AWARD

The City of Poquoson reserves the right to make one or more awards from this RFP and to make an award in whole or in part. The award of a contract shall be the sole discretion of the City. The award shall be based on the evaluation of all information as the City may request. The City reserves the right to accept or reject any or all proposals in whole or in part and to waive any informality in the RFP. Further, the City reserves the right to enter into a contract deemed to be in its best interest.

CONTRACT TERM

The initial contract term for the items shall be from July 1st, 2026 until June 30th, 2027, with the City’s option to renew for two (2) additional one (1) year terms.

CANCELLATION OF CONTRACT

Any resulting contract shall be subject to cancellation by either party upon sixty (60) days written notice, one to the other.

Should the Engineering Firm abandon services to be performed under the resulting contract, or terminate any resulting contract, the City shall be liable only to the extent of satisfactory work completed by the Consultant up to the time of abandonment or termination and upon delivery of completed or uncompleted work to the City. The City shall have full right to use such work in any manner without claim on the part of the Consultant for additional compensation. Cancellation shall not release the Consultant from legal remedies available to the City.

AVAILABILITY OF FUNDS

It is understood and agreed between parties to any agreement resulting from this proposal that the City shall be bound hereunder only to the extent of funds available or which may become available for the purposes of this agreement.

It is further understood and agreed between the parties to any agreement resulting from this proposal that the City shall not be obligated to purchase or pay for services covered by this agreement unless and until they are ordered, delivered, and performed for the City.

METHOD OF PAYMENT

The offeror will be paid on the basis of the invoice submitted to the City of Poquoson Finance Department after delivery and acceptance by the designated City representative. All payments will be made in accordance with the Code of Virginia’s Prompt Payment provisions. Code of Virginia §2.2-4347 & 2.2-4352

DEBRIEFING

Using the RFP process, the City will keep all information as to persons or firms making offers or the contents of any offers as confidential. This information will only be available after an award or decision to award has been made.

After an award is made, or the decision to make an award is made, the file is available in the City Manager’s office for public review.

Request a review time during normal business hours, 8:30– 4:30, Mon-Fri.