RFP 26052-AG Page 1

Request for Proposal City of Suffolk

RFP #26052-AG

March 23, 2026 Purchasing Division 442 W. Washington Street, Room 1086

Suffolk, VA 23434-5237 Phone: (757) 514-7520 / Fax: (757) 514-7524

Debris Removal Services

Electronic proposals will be received at the office of the Purchasing Agent listed above, until the time and date shown below (local prevailing time), for furnishing the items or services described in this solicitation. Offers should be sent by e-mail attachment to: proposals@suffolkva.us with the RFP number and title in the subject line.

SCOPE OF WORK – The City of Suffolk is requesting sealed proposals from qualified firms to provide operating and management services for the removal and storage of disaster generated vegetative and construction debris.

The Senior Buyer, Amy Gardner is the Contract Officer for the City of Suffolk with respect to this RFP.

All questions and/or comments should be directed to her at: agardner@suffolkva.us. The respondents to this RFP shall not contact, either directly or indirectly, any other employee or agent of the City regarding this RFP.

Non-Mandatory Pre-proposal meeting: June 2, 2026 @ 10:00 a.m.

Public Works Operations Center 800 Carolina Road, Suffolk, VA 23434

Proposals are due: 3:00 p.m., June 17, 2026

Contract Officer: ________Amy Gardner________________ Amy Gardner, NIGP-CPP, CPPB, Senior Buyer, agardner@suffolkva.us

OFFEROR:

Company Name:

Address:

CITY / State / Zip:

Telephone:

FAX No.:

E-mail:

Print Name:

Title:

Signature:

Date:

mailto:proposals@suffolkva.us mailto:agardner@suffolkva.us.

mailto:agardner@suffolkva.us

RFP 26052-AG Page 2

In compliance with this Request for Proposals, and subject to all the conditions thereof, the Offeror, if the offer is accepted within one hundred and eighty (180) calendar days from the date of the receipt of proposals, agrees to furnish any or all of the items and/or services at the prices set, to be delivered at the time and place specified herein, based on tasks negotiated with the Offeror and issued by the City. The Offeror’s signature on the previous page certifies he has read, understands, and agrees to all terms, conditions, and requirements of this Request for Proposals, and is authorized to contract on behalf of firm named in this RFP.

SOLICITATION DOCUMENTS

Additional Request for Proposal documents are available on the Purchasing website:

http://www.suffolkva.us/bids/ or on the Commonwealth’s bid board (eVA), or at Demandstar.com. An e-mail request for the complete RFP form may be sent to the Contract Officer listed on the front page.

Offers may be sent to proposals@suffolkva.us or electronic copies (CD or thumb drive) may be delivered to the Purchasing Office, 442 W. Washington Street, Room 1086, Suffolk, Virginia, 23434 prior to the closure date shown, if desired. Documents should be saved as a .pdf document and should conserve disk space to allow transfers of data. Do not send Zip files. Zip files cannot be accepted. Hard copy printed proposals will not be accepted.

Questions concerning this project must be in writing (email is preferred) and addressed to the Contract Officer listed on the front page of this solicitation, and, should be received no later than five

(5) business days preceding the date that the proposals are to be received. E-mail is the preferred method and will get a more timely response.

It is the intent of the City to establish a contract with multiple firms. Contractors will generally be selected on a rotating basis for individual tasks. However, the City, at its sole discretion, reserves the right to select contractors out of rotation when deemed to be in the best interest of the City.

There shall be at least one Contractor’s employee on site who speaks fluent English.

Proposals may also be submitted to eVA.

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN

ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION AS

SOON AS POSSIBLE.

This contract is on a contingency basis. No compensation will accrue to Contractor unless the contract is activated in anticipation of a disaster or immediately after a disaster.

http://www.suffolkva.us/bids/

RFP 26052-AG Page 3

REQUEST FOR PROPOSAL

Debris Removal Services

SECTION/TITLE

I. PURPOSE

II. BACKGROUND

III. COMPETITION INTENDED

IV. TERM OF CONTRACT

V. MINIMUM QUALIFICATIONS

VI. SCOPE OF SERVICES – See Attachment A

VII. INSTRUCTIONS FOR SUBMITTING PROPOSALS

VIII. SPECIFIC PROPOSAL REQUIREMENTS

IX. EVALUATION AND AWARD CRITERIA

X. ADDITIONAL INSTRUCTIONS FOR RFP

XI. CONTRACT TERMS AND CONDITIONS

49 CFR PART 20--CERTIFICATION REGARDING LOBBYING

SIGNATURE SHEET

PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION

EXCEPTIONS TO RFP

ANTICOLLUSION

PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

Attachment A – Scope of Work (8 pages)

Attachment B – Bid Form (4 Pages)

Attachment C - City of Suffolk Debris Management Plan (85 pages)

RFP 26052-AG Page 4

I. PURPOSE

The purpose of this Request for Proposals (RFP) is to solicit proposals to establish contracts with one or more firms for the removal of disaster-generated vegetative debris and construction debris. Services under this contract may also include management of one or more Debris Management Sites, reduction of and/or final disposal of all storm-generated debris, and other emergency clean-up activities associated with a hurricane, storm, tornado, or other natural or manmade disaster event.

II. BACKGROUND

The City of Suffolk is 428 square miles and is the largest city in Viriginia by land mass. It has a population of approximately 100,000. The City is seeking services from qualified firms to assist with debris removal and storage with the expertise to ensure recovery is in accordance with Federal Emergency Management Agency (FEMA) guidelines.

The City is anticipating participating in the FEMA Public Assistance Grant Program and receiving eligible FEMA funding for any projects resulting from a Presidentially declared disaster event. However, the Federal Government is not a party to the resulting contract from this Request for Proposal (RFP) and is not subject to any obligations or liabilities to the City of Suffolk or any other party pertaining to any matter resulting from the contract.

III. COMPETITION INTENDED

It is the City’s intent that this Request for Proposal (RFP) permits competition. It will be the Offeror’s responsibility to advise the Purchasing Agent in writing if any language requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received by the Purchasing Agent not later than five (5) business days prior to the date set for acceptance of proposals.

IV. TERM OF CONTRACT

The contract will commence upon conveyance of a fully executed agreement. The initial term of this agreement will be for five (5) years effective from the date of the agreement. Unless notified sixty (60) days in writing, this contract will automatically renew based on the terms and conditions herein. Initial rates must be guaranteed for a minimum of twelve (12) months. Any increase in rates will require written City approval. The City does not guarantee approval of any rate increase. The City must be notified in writing of any rate increases during the contract period.

A 5% retainage will be held until the end of the event. In order to recover the retainage, the Contractor must successfully complete all work to the satisfaction of the City. Retainage will be held until final reconciliation is complete. Portions of the retainage may be held by the City to repair damages caused by the Contractor to public or private property.

V. MINIMUM QUALIFICATIONS

Any offeror wishing to submit a proposal and be considered for this solicitation must have had successful experience within the past five (5) years on projects of similar size and scope.

RFP 26052-AG Page 5

VI. SCOPE OF SERVICES – See Attachment A

VII. INSTRUCTIONS FOR SUBMITTING PROPOSALS

1. Submission of Proposals

An electronic document must be submitted by e-mail attachment to proposals@suffolkva.us with the RFP number and title in the subject line or electronic copies (CD or thumb drive) may be delivered to the Purchasing Office, 442 West Washington Street, Room 1086, Suffolk, Virginia prior to the closure date shown, if desired. Documents should be saved as a .pdf document and should conserve disk space to allow transfers of data. ZIP files cannot be accepted; they do not work in the City’s system. To receive confirmation of receipt of proposal, send request to the contracting officer at agardner@suffolkva.us Do NOT send proposal directly to contracting officer.

The intent of using electronic submissions is to reduce paper usage and provide economical approaches while permitting the Offeror to demonstrate their skills, education, experience, and ingenuity that would qualify them to be selected for interview.

Offerors so selected will be allowed to make a formal presentation of their qualifications and job approach, and may be selected for final negotiations of contract.

Therefore, care should be given to address the issues relating to the criteria to follow.

Read the entire solicitation before submitting a proposal. Failure to read any part of this RFP shall not relieve any Offeror from his or her contractual obligations.

2. Questions and Inquiries

Questions and inquiries pertaining to the Request for Proposals will be accepted from any and all firms via e-mail or fax. Inquires must provide RFP number and title.

Material questions will be answered by Addendum and will be posted on the City’s website: https://www.suffolkva.us/Bids.aspx?CatID=17 provided that all questions are received five (5) business days prior to opening date.

Amy Gardner, Senior Buyer, is the designated authorized spokesperson for the City with respect to this RFP. All questions and/or comments should be directed to his attention. The respondents to this RFP shall not contact, either directly or indirectly, any other employee or agent of the City regarding this RFP. This prohibition shall also extend to the members of the City. Any such unauthorized contact may disqualify the Offeror from the procurement.

3. Addendum and Supplement to Request

If it becomes necessary to revise any part of this request or if additional data are necessary to enable an exact interpretation of provisions of this request, an addendum will be issued. It is the responsibility of the Offeror to ensure that he has received all addenda prior to submitting a proposal. All addenda can be downloaded from https://www.suffolkva.us/Bids.aspx?CatID=17 mailto:proposals@suffolkva.us mailto:agardner@suffolkva.us https://www.suffolkva.us/Bids.aspx?CatID=17

RFP 26052-AG Page 6

4. Firm Pricing for City Acceptance

Offers made during negotiation must be honored for City acceptance for 180 days from the date of offer.

5. Proprietary Information

Trade secrets or proprietary information submitted by an Offeror in connection with this solicitation shall not be subject to disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of this section prior to or upon submission of the data or other materials, and must clearly identify the data or other materials to be protected and state the reasons why protection is necessary. Offerors shall not mark sections of their proposal as proprietary if they are to be part of the award of the contract and are of a "Material" nature. Any propriety information must be listed on the attached “Proprietary/confidential Information Identification” form and submitted with the proposal. An all-inclusive statement that the entire proposal is proprietary will result in rejection of the proposal.

6. Authority to Bind Firm in Contract

Proposals must give full firm name and address of Offeror. Failure to sign proposal may disqualify it. Person signing proposal should show title or authority to bind his firm in a contract.

7. Preparation and Submission of Proposals

1. All proposals shall be signed by the individual or authorized principals of the firm.

2. All attachments to the Request for Proposal requiring executing by the firm are to be returned with the proposals.

3. Proposals are to be submitted electronically; title shall indicate the RFP number, time and date of public acceptance, and the title of the proposal.

4. It is the Offeror’s responsibility that the proposals are received by the

Purchasing Division BEFORE the hour specified on the opening date.

Requests for extensions of this time and date will not be granted. Proposals or unsolicited amendments to proposals received by the City after the acceptance date will not be considered.

8. Miscellaneous Requirements

A. The City will not be responsible for any expenses incurred by an Offeror in preparing and submitting a proposal. All proposals shall provide a straightforward, concise delineation of the Offeror's capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content.

B. Offerors who submit a proposal in response to this RFP may be required to make an oral presentation of their proposal. The Purchasing Division will schedule the time and location for this presentation.

RFP 26052-AG Page 7

C. The contents of the proposal submitted by the successful Offeror and this RFP will become part of any contract awarded as a result of the Scope of Services contained herein. The successful Offeror will be expected to sign a contract with the City.

D. The City reserves the right to reject any and all proposals received by reason of this request, or to negotiate separately in any manner necessary to serve the best interests of the City.

Proposals should be as thorough and detailed as necessary to allow the City to properly evaluate the Offeror’s capabilities to provide the required services. Offerors are required to submit the following items in the format provided as a complete proposal.

The City reserves the right to request clarification of information submitted and to request additional information if deemed necessary.

VIII. SPECIFIC PROPOSAL REQUIREMENTS

1. Cover Letter

The Offeror will complete and submit the Signature Sheet (included in this RFP) and submit it with a brief cover letter. The cover letter should summarize key elements of the proposal. An individual authorized to bind Offeror must sign the letter and Signature Sheet, as well. Indicate the address and telephone number of the Offeror’s office.

2. Background and Project Summary Section

This section should describe your understanding of the City, the work to be performed, and the objectives to be accomplished. Refer to the “Scope of Services” Section of this RFP.

3. Methodology Section

Provide a detailed description of the approach and methodology to be used to accomplish the “Scope of Services” of this RFP. The Methodology Section should include the following:

A. Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the “Scope of Services” Section.

B. A plan that describes in detail (a) the methods, including controls by which your firm manages contracts of the type sought by this RFP; and (b) any other management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

C. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified herein. Provide expectations regarding adequate notice for meetings with City staff.

RFP 26052-AG Page 8

4. Staffing Section

Provide a list of principal individuals who will likely be working on this contract and indicate the level/title of each member, and the function that each will perform. Include a resume for each designated individual, to include licenses, certifications, and other qualifications.

5. Qualifications

The information requested in this section should describe the qualifications of the Offeror, key staff, and subcontractors performing tasks within the past five (5) years that are similar in size and scope to that requested in the RFP. Information shall include the following:

A. A summary of the Offeror’s demonstrated capability, including length of time that the Offeror has provided the services being requested herein.

B. Provide at least three (3) references that received similar services from your organization. The City reserves the right to contact any the organizations or individuals listed. Information shall include:

• Client name

• Services provided

• start and end dates

• Client manager name, email, and telephone number

6. Format

Proposal should be submitted in the following format:

• Cover Letter (Paragraph A)

• Proposal sequenced in accordance with Paragraphs B-E above

• Fee Schedule

• Forms as follows: (All forms must be signed.)

o Certificate Regarding Lobbying (Page 38) o Signature Sheet (Page 40) o Propriety/Confidential Information Identification (Page 41) o Exceptions to RFP (Page 42) o Anti-collision/Nondiscrimination/Drug Free Workplace Clauses (Pg. 43) o Proof of Authority to Transact Business in Virginia (Page 44)

Failure to submit forms may result in rejection of your proposal.

IX. EVALUATION AND AWARD CRITERIA

The City’s Evaluation Committee shall review each proposal and verify the claims and credentials of each Offeror. Selection will be made for each proposal on the basis of the criteria listed below. Each proposal will be evaluated based upon the strengths and weaknesses of the submittal or subsequent information gained in the process.

RFP 26052-AG Page 9

Qualifications, credentials, and related experience of the Offeror’s key personnel (20%)

Compliance with RFP requirements (20%) Quality of prior work with contracts of similar scope and complexity for other public agencies (20%) Approach to the RFP, including scheduling, efficiencies and cost control (20%) Fee Schedule (20%)

Once each member of the Evaluation Committee has read and rated each proposal by use of the criteria, a consensus of the Committee shall be used established ranking the proposals.

This ranking shall be used to select the firms for further consideration—the short-list. At this point, the Evaluation Committee will conduct interviews with two or more of the top ranked firms.

Should the City determine, in its sole discretion, that only one Offeror is qualified, or that one Offeror is clearly more highly qualified than the other under consideration, a contract may be negotiated and awarded to that Offeror. The file will show the Committee’s reason for basis of selection.

The successful firms will be expected to enter into a contract with the City based upon their submittal and any additional negotiated terms. The successful firms shall execute and return the contract documents to the City within ten (10) business days of receipt.

X. ADDITIONAL INSTRUCTIONS FOR RFP

1. Use of Form: All proposals should be submitted in electronic (.pdf) format in accordance with this form. The Offeror may attach/scan other information as required to the electronic document that will be made a part of the proposal. Electronic submittals on CD, DVD, flash drives, or other electronic media will be accepted if delivered prior to the closing time. The preferred method is by an attachment to an email addressed to: proposals@suffolkva.us. ZIP files cannot be accepted.

2. Submittals: Except as noted above, all proposals shall be sent as an attachment to email to: proposals@suffolkva.us. The subject line must show the proposal number and title.

3. Late Proposals: Proposals, if received by the City’s Purchasing Division

(“Purchasing”) after the date and time specified, will not be considered. It will be the responsibility of the Offeror to see that their proposal is received by Purchasing as specified. There will be no exceptions. Electronic proposals show the date and time sent. This must be prior to the closing date published on the front cover.

4. City Hall Closure: Should the City’s electronic networks connectivity prevent receipt of proposals at the time of the scheduled proposal closing, the proposals will be accepted and opened on the next business day of the City, at the original scheduled hour, or as soon as connectivity is restored during normal business hours.

5. Competition Intended: It is the City’s intent that this RFP permits competition. It shall be the Offeror’s responsibility to advise the Contract Officer in writing if any language requirement, specification, terms, conditions, or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such

RFP 26052-AG Page 10 notification must be received by the Contract Officer prior to the date set for proposals to close.

6. Contract Quantities: The quantities specified in the RFP are estimates only unless otherwise clearly noted, and are given for the information of Offeror and for the purpose of proposal evaluation. They do not indicate the actual quantity that will be required, since such volume will depend upon requirements that may develop during the contract period. Quantities shown shall not be construed to represent any amount which the City shall be obligated to purchase under the contract, or relieve the Offeror of his obligation to fill all orders placed by the City, except as clearly noted.

7. Delivery: The time of delivery of services must be stated in definite terms. If time of delivery for services varies, the Offeror shall so state.

8. Offeror’s Qualifications: Only proposals from established offerors for work similar in scope to work herein shall be considered; the City reserves the right to request specific reference information prior to award. Offeror shall demonstrate that they have adequate and appropriate manpower, and resourced to respond and perform in accordance with the provisions herein.

The City may, at its option, disqualify an Offeror and reject its proposal for cause.

Reasons deemed to be sufficient for this action shall include, but not be limited to, the following:

Evidence of collusion among offerors.

Receipt of more than one proposal on any project from an individual, or from a corporation. This restriction does not apply to subcontractors Default on any previous contract.

Unreasonable failure to complete a previous contract within the specified time or for being in arrears on an existing contract without reasonable cause for being in arrears.

Inability to perform as revealed by an investigation of the Offeror’s financial statement, experience, and/or plant and equipment.

Offeror does not meet project-specific requirements, as identified in the solicitation.

9. Pricing to be F.O.B. Destination – Freight Allowed: Pricing shall be F.O.B.

destination-freight included for all competitive proposals. F.O.B. Destination-Freight Included shall include all shipping costs to the City location(s) at the unit cost. No additional shipping charges shall be allowed.

10. Samples: Samples, when requested, must be furnished free of expense, and upon request, if not destroyed, will be returned at the Offeror’s risk and expense.

11. 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 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.

12. Capacity of Offeror: All proposals must be signed by a responsible officer or employee having the authority to bind the firm in contract. The Offeror agrees that its

RFP 26052-AG Page 11 contract performance shall be in strict conformance with the contract documents.

13. Rights to Damages: By signing its proposal, the Offeror assigns to the City any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to this proposal. This provision is remedial in nature and is to be liberally construed by any court in favor of the City.

14. Anti-collusion: The Offeror certifies by signing its proposal that the proposal is made without prior understanding, agreement, or accord with any other person or firm submitting a proposal for the same goods and/or services and the this proposal is in all respects bona fide, fair, and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. Any false statement hereunder may constitute a felony and can result in a fine and imprisonment, as well as civil damages. Should sub-contractors have interest in multiple submittals, this clause does not apply except when an act of collusion or fraud has occurred.

15. Contact Prohibition: Direct contact with the City and City departments other than

Purchasing, on the subject of this proposal is expressly forbidden except with the foreknowledge and permission of the Contract Officer. Violation may result in a determination that your firm is ineligible for an award.

All questions shall be in writing to the Contract Officer shown on the title page of the proposal. The respondents to this RFP shall not contact, either directly or indirectly, any other employee or agent of the City regarding this RFP. This prohibition shall also extend to members of the City. Any such unauthorized contact may disqualify the Offeror from this procurement.

16. Debarment Status: By submitting a proposal, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting proposals 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.

17. Ethics in Procurement: Offeror must provide written disclosure with their proposal if one of its officers, directors, trustees, partners, employees, or lenders is an employee or officer of the City or an immediate family member of the employee or officer (as defined by Section 2.2-4368 of the Virginia Procurement Act) who is involved personally or substantially participates in procurement transactions or owns or controls an interest of more than three percent (3%) of the company or receives more than $5,000 annually from the Offeror.

18. Addenda: If issued, addenda to this solicitation will be posted on the Purchasing website: https://www.suffolkva.us/Bids.aspx?CatID=17 It is the Offeror’s responsibility to check the website or contact the Purchasing Division prior to the submittal deadline to ensure that the Offeror has a complete, up-to-date package. Acknowledgement of all issued Addenda shall be indicated in the proposal.

19. Withdrawal of Proposals: Proposals may be withdrawn (cancelled) any time prior to the closing time and date. Withdrawal of proposals may be accomplished by submitting such request in writing on the issuing company's letterhead either by email, in person, or by certified mail.

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20. Award: Award will be made to the Offeror considered by the City’s sole determination after following the procedure outlined herein. The process used for this solicitation shall be Competitive Negotiation as outlined in the Virginia Public Procurement Act.

21. Announcements: Upon the award or the announcement of the decision to award a contract, such notice will be publicly posted on the electronic bulletin board located outside of the Purchasing Division and on the Purchasing web site:

22. Offer/Acceptance: Each proposal is received with the understanding that the acceptance in writing by the City of the offer to furnish any or all of the goods and/or services described therein, shall constitute a contract between the Offeror and the City, which shall bind the Offeror to furnish and deliver the goods and/or services quoted at the prices stated and in accordance with the conditions of the accepted proposal; and the City on its part to order from such Offeror, except for causes beyond reasonable control; and pay for, at the agreed prices, all goods and/or services specified and delivered.

23. City’s Rights: The City reserves the right to reject any and all proposals, and to waive any informality if it is determined to be in the best interest of the City.

24. Appeals Procedure: Upon Offeror’s request, administrative appeals information will be provided that shall be used for hearing protests of a decision to award, or an award, appeals from refusal to allow withdrawal of proposals, appeals from disqualification, appeals for debarment or suspension, or determination of non-responsibility and appeals from decisions or disputes arising during the performance of a contract. To be timely all appeals shall be made within the time periods set forth by the Virginia Public Procurement Act, §2.2-4357, et seq. Contact the Contract Officer at once for assistance.

25. Additional Conditions: The Contract Terms and Conditions and all Instructions in this solicitation are intended to apply to the resulting contract and shall supersede any conflicting terms in the Offeror’s proposal. Any additional conditions an Offeror intends be considered must be submitted with the proposal and noted as an exception. Such exceptions may result in a finding that the submittal is ‘non-responsive’ to the proposal, negating possibility of an award to that Offeror. Contractual documents submitted by the successful firm after an award will not be accepted.

26. Cooperative Agreements: If authorized by the offeror(s), the resultant contract(s) may be extended to any jurisdiction within the Commonwealth of Virginia to purchase at the contract prices in accordance with the contract terms. Any jurisdiction using such contracts shall place its own order(s) directly with the successful contractor(s).

The City of Suffolk acts only as the contracting agent and is not responsible for placement of orders, payment, or discrepancies of the participating jurisdictions. It is the contractor’s responsibility to notify the jurisdictions of the availability of contract(s).

XI. CONTRACT TERMS AND CONDITIONS

1. Conflict: In the event of a conflict between the contract documents, including these

Contract Terms and Conditions, the final executed contract documents will control.

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2. Alien employment: Consultant certifies that he does not and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ unauthorized aliens as defined in the federal Immigration Reform and Control Act of 1986, as amended.

3. Anti-Discrimination: The Consultant certifies 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 §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, military family status, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia §2.2.4343.1E).

The following provisions apply to all contracts over $10,000:

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

a. The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, service disabled veterans, military family status, 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 Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

4. Assignment of Contract: A contract shall not be assignable by the Consultant in whole or in part without the written consent of the City.

5. Availability of Funds: A contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The City’s extended obligations on those contracts that envision extended funding through successive fiscal periods shall be contingent upon actual

RFP 26052-AG Page 14 appropriations for the following years.

6. Changes and Additions: It shall be the responsibility of the Consultant to notify the City, in writing, of any necessary modifications or additions in the Scope of the contract. Compensation for changes or additions in the Scope of the contract will be negotiated and approved by the City, in writing.

Furthermore, it is understood and agreed by both parties that any work done by the Consultant on such modification or addition to the contract prior to the City’s approval in writing shall be at the total risk of the Consultant and said work may not be compensated by the City.

7. Conflicts of Interests: The Consultant shall not accept or receive commissions or other payments from third parties for soliciting, negotiating, procuring, or effecting insurance on behalf of the City. The City may not procure supplies, equipment, materials, or other goods from a Consultant on the same project.

8. Consultant’s Failure to Perform: Failure of the Consultant to perform the contract by reason of the City’s non-acceptance of additional conditions submitted after the award shall result in termination of the contract by the City, and may result in debarment of the Consultant for a period of up to three (3) years. Termination and or debarment of the Consultant shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.

9. Contractual Disputes: The Consultant shall give written notice to the City of his intent to file a claim for money or other relief at the time of the occurrence or the beginning of the work upon which the claim is to be based.

The written claim shall be submitted to the City no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, the City shall reduce its decision to writing and mail or otherwise forward a copy thereof to the Consultant within thirty (30) days of receipt of the claim.

10. Copyright Protection: Consultant agrees to defend and save the City, its agents, officials, and employees, harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented or unpatented invention, articles, or appliances furnished or used in the performance of the contract, or which Consultant is not the patentee, assignee, or licensee, to the same extent as provided in the above paragraph.

11. Default: In event of default by Consultant, the City reserves the right to procure the goods and/or services from other sources, and hold Consultant liable for any excess cost occasioned thereby. Such actions taken by the City shall not release the Consultant from additional remedies that may be allowed by law.

12. Drug-Free Workplace: During the performance of this contract, the Consultant agrees to (1) provide a drug-free workplace for the Consultant's employees; (2) post in conspicuous place, 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 Consultant's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (3) state in all solicitation or advertisement for employees placed by or on behalf of the Consultant that the Consultant maintains a

RFP 26052-AG Page 15 drug-free workplace; and (4) 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 Consultant, 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.

13. Entire Agreement: This contract and any additional or supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. The contract shall not be modified, altered, changed, or amended unless in writing and signed by the parties hereto.

14. Exemption from Taxes: The City is exempt from state sales tax and federal excise tax. A tax exemption certificate indicating the City’s tax exempt status will be furnished by the City upon request.

15. Faith-based Organizations: The City does not discriminate against faith-based organizations.

16. Governing Law: This contract shall be made, entered into, and shall be performed in the City of Suffolk, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflict of law rules. In the event of litigation concerning this the contract, the parties agree to the exclusive jurisdiction and venue of the Circuit Court of the City of Suffolk, Virginia; however, in the event that the federal court has jurisdiction over the matter, then the parties agree to the exclusive jurisdiction and venue of the U.S. District Court for the Eastern District of Virginia, Norfolk Division.

The Consultant shall not cause a delay in services because of litigation pending or during litigation proceedings, except with the express, written consent of the City or written instruction/order from the Court.

17. Indemnification: Consultant shall defend and indemnify the City, and the City’s employees, agents, and volunteers, from and against any and all damage claim, liability, cost, or expense (including, without limitation, attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against Consultant, its employees, agents, and volunteers, or incurred by or claimed against the City, the City’s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by Consultant. This indemnification includes, but is not limited to, any financial or other loss, including, but not limited to, any adverse regulatory, agency or administrative sanction or civil penalties, incurred by the City due to the negligent, fraudulent or criminal acts of Consultant or any of the Consultant’s officers, shareholders, employees, agents, Consultants, sub-contractors, or any other person or entity acting on behalf of Consultant. Unless otherwise provided by law, the Consultant Indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for Consultant under workers’ compensation acts, disability benefit acts, RFP 26052-AG Page 16 other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof.

18. Independent Contractor: The Consultant and any employees, agents, or other persons or entities acting on behalf of the Consultant shall act in an independent capacity and not as officers, employees, or agents of the City.

19. Insurance: Consultant shall procure, maintain, and provide proof of insurance coverage for injuries to persons and property damage as may arise from or in conjunction with the work performed on behalf of the City by the Consultant, his agents, representatives, employees or subcontractors. Proof of coverage as contained herein shall consist of all policies, endorsements, declaration pages, and certificates of insurance and shall be submitted fifteen (15) days prior to the commencement of work, and such coverage shall be maintained by the Consultant for the duration of the contract period; for occurrence policies. Claims made policies must extend reporting period for two (2) years after expiration date.

1. General Liability

Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability Form including Products/Completed Operations.

Minimum Limits

$2,000,000 General Aggregate Limit $2,000,000 Products & Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence Limit $50,000 Fire Damage Limit $5,000 Medical Expense Limit

2. Automobile Liability

Coverage sufficient to cover all vehicles owned, used, or hired by the Consultant, his agents, representatives, employees, or subcontractors.

Minimum Limits

$1,000,000 Combined Single Limit $5,000 Medical Expense Limit

3. Workers' Compensation

Limits as required by the Workers' Compensation Act of Virginia. Employers Liability, $100,000/$500,000/$100,000

4. Umbrella/Excess Liability

$5,000,000 umbrella/excess liability coverage

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5. Coverage Provisions

A. All deductibles or self-insured retention shall appear on the certificate(s).

B. The City, its officers, officials, employees, agents, and volunteers shall be added as "additional insured" as their interests may appear. This provision does not apply to Professional Liability or Workers' Compensation/Employers' Liability.

C. The Consultant's insurance shall be primary over any applicable insurance or self-insurance maintained by the City.

D. Shall provide thirty (30) days’ written notice to the City before any cancellation, suspension, or void of coverage in whole or part, where such provision is reasonable.

E. All coverage for subcontractors of the Consultant shall be subject to all of the requirements stated herein.

F. Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided the City, its officers/officials, agents, employees, and volunteers.

G. The insurer shall agree to waive all rights of subrogation against the

City, its' officers/officials, agents, employees, or volunteers for any act, omission or condition of premises which the parties may be held liable for negligence.

H. The Consultant shall furnish the City certificates of insurance including endorsements affecting coverage. The certificates are to be signed by a person authorized by the insurance company(s) to bind coverage on its behalf, if executed by a broker, notarized copy of authorization to bind, or certify coverage must be attached.

I. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than an A:VII.

All coverage designated herein shall be as broad as the Insurance Services Office (ISO) forms filed for use with the Commonwealth of Virginia.

20. Invoicing/Payment and Interest: Prior to payment the Consultant shall provide their federal employer identification number. Payment to the Consultant shall be made not more than forty-five (45) days after goods or services are received; or not more the forty-five (45) days after the invoice is rendered, whichever is later.

Unless otherwise provided under the terms of this contract, interest for late payment shall not exceed one percent (1%) per month.

The Consultant shall submit invoices on a frequency to be determined, as agreed upon by the City, for each payment requested. Such statement shall also include a detailed breakdown of all charges.

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All such invoices will be paid promptly unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Consultant shall provide complete cooperation during any such investigation.

21. Laws, Regulations: Consultant shall keep fully informed of all federal, state, and local laws, ordinances, and regulations that in any manner affect the conduct of the work.

Consultant shall at all times observe and comply with all such laws, ordinances, and regulations.

22. License Requirement: All firms doing business in the City are required to be licensed in accordance with the City of Suffolk business license ordinance. Wholesale and retail merchants without a business location in the City of Suffolk are exempt from this requirement. Any questions concerning business licenses should be directed to the Commissioner of the Revenue’s Office, telephone (757) 514-4260 or comrev@suffolkva.us.

23. Ownership of Documents: Any data generated, reports, specifications, blueprints, negatives, or other documents prepared by the Consultant in the performance of its obligations under the resulting contract shall be the exclusive property of the City, and all such materials shall be returned to the owner upon completion, termination, or cancellation of this contract. The Consultant shall not use, willingly allow, or cause such materials to be used for any purpose other than performance of all Consultant’s obligations under the resulting contract without the prior written consent of the City.

Documents and materials developed by the Consultant under the resulting contract shall be the property of the City. However, the Consultant may retain file copies, which cannot be used without prior written consent of the Owner. The City agrees that the Consultant shall not be liable for any damage, loss, or injury resulting from the future use of the provided documents for other than the project specified, when the Consultant is not the firm of record.

24. Payments to Subcontractors: Within seven (7) days after receipt of amounts paid by the City for work performed by a subcontractor under this contract, the Consultant shall either:

1. Pay the Subcontractor for the proportionate share of the total payment received from the City attributable to the work performed by the Subcontractor under this contract; or

2. Notify the City and Subcontractor, in writing, of his intention to withhold all or a part of the Subcontractor's payment and the reason for non-payment.

The Consultant shall pay interest to the Subcontractor on all amounts owed that remain unpaid beyond the seven (7) day period except for amounts withheld as allowed in item b. above.

Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent (1%) per month.

In the event that the Contractor has not received payment from the City for work performed by a subcontractor under this contract, the Contractor is to be liable for the entire amount owed to such subcontractor and to pay such subcontractor within sixty mailto:comrev@suffolkva.us

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(60) days of the receipt of an invoice following satisfactory completion of the work for which the subcontractor has invoiced.

In the event that the contractor withholds all or a part of the amount invoiced by the subcontractor under the terms of the contract, the contractor shall notify the subcontractor within fifty (50) days of the receipt of such invoice, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment, specifically identifying the contractual noncompliance, the dollar amount being withheld, and the lower-tier subcontractor responsible for the contractual noncompliance.

The Consultant shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements as set forth above with respect to each lower-tier subcontractor.

The Consultant's obligation to pay an interest charge to a subcontractor pursuant to this provision may not be construed to be an obligation of the City.

25. Records and Inspection: The Consultant shall maintain full and accurate records with respect to all matters covered under this contract, including, without limitation, accounting records, written policies, procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related to this contract. The Consultant’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the City and its employees, agents, or authorized representatives after giving at least three (3) days’ notice to the Consultant by the City.