RFP 26131-JT - Meter Reading Services.pdf

RFP 26131-JT Page 1

Request for Proposal City of Suffolk

RFP #26131-JT

April 20, 2026

Purchasing Division 442 West Washington Street, Room 1086

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

METER READING 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 the 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 has issued this sealed Request for Proposal (RFP) for the sole purpose of obtaining responsive proposals from qualified firms to provide annual meter reading services for the Department of Public Utilities.

Proposals are Due: 3:00 p.m., May 12, 2026

Contract Officer: Julie Turner Julie Turner, CPPB, NIGP-CPP, VCA, Senior Buyer, jeturner@suffolkva.us

The Senior Buyer, Julie Turner 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 this email address:

jeturner@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. This prohibition shall also extend to the Suffolk City Council and other elected City officials. Any such unauthorized contact may disqualify the bidder from the procurement

Company Name:

**AN ELECTRONIC DOCUMENT SHALL BE PROVIDED**

Address:

City / State / Zip:

Telephone: FAX No.:

E-mail:

Print Name: Title:

mailto:proposals@suffolkva.us mailto:jeturner@suffolkva.us

RFP 26131-JT Page 2

In compliance with this Request for Proposal (RFP), and subject to all the conditions thereof, the signatory offers, if this bid is accepted within ninety (90) calendar days from the date of the opening, to furnish any or all of the items and/or services upon which prices are quoted, at the price set opposite each item, to be delivered at the time and place specified herein. The above signature certifies the bidder has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of firm named above.

SOLICITATION DOCUMENTS

Additional Request for Proposal documents are available on the Purchasing https://www.suffolkva.us/Bids.aspx?CatID=17 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 through eVA. 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.

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 timelier response.

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.

https://www.suffolkva.us/Bids.aspx?CatID=17

RFP 26131-JT Page 3

REQUEST FOR PROPOSAL

Meter Reading Services

SECTION/TITLE

1.0 PURPOSE

2.0 BACKGROUND

3.0 COMPETITION INTENDED

4.0 TERM OF CONTRACT

5.0 SCOPE OF SERVICES

6.0 CONTRACTOR QUALIFICATIONS

7.0 INSTRUCTIONS FOR SUBMITTING PROPOSALS

8.0 SPECIFIC PROPOSAL REQUIREMENTS

9.0 EVALUATION AND AWARD CRITERIA

10.0 ADDITIONAL INSTRUCTIONS

SIGNATURE SHEET

PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION

EXCEPTIONS TO RFP

ANTICOLLUSION

PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

RFP 26131-JT Page 4

1.0 PURPOSE

The intent of this Request for Proposal is to establish a contract through competitive negotiations with a qualified and experienced contractor for meter reading services for the Department of Public Utilities.

2.0 BACKGROUND

The City requires an outside source/single contractor to provide meter reading services associated with water usage for the entire area in order to accurately bill users for the utilities provided to the residents of Suffolk.

3.0 COMPETITION INTENDED

It is the City’s intent that this Request for Proposal (RFP) permits competition. It shall 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.

4.0 TERM OF CONTRACT

The contract shall cover the period beginning August 1, 2026 (or upon receipt of signed Contract) and continuing through July 31, 2027.

This contract may be renewed based on the terms and conditions at the expiration of its term at the sole discretion of the City. Automatic renewals will occur for up to four (4) additional one-year periods through July 31, 2031.

Initial rates and subsequent renewal rates must be guaranteed for a minimum of 12 months. Any request for an increase in rates following the initial contract period shall be determined by the percentage defined in the “Transportation” Category of the PI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve (12) months for which statistics are available. Price increases shall be justified in writing and must be approved by the City. The City does not guarantee any rate increase.

5.0 SCOPE OF SERVICES

A. General

The Contractor is required to read approximately 30,000 water meters per month, conforming to the City’s monthly meter reading schedule, maintaining a 28- to 32-day bill period. The City has three (2) types of meters in its system: manual read, and touch read. Pricing of reading each type of meter is requested.

Six (6) routes will be read daily, Monday through Friday, approximately 18 work days per month. The 18 work days are required to allow for holidays and inclement weather. All routes are expected to be read in their entirety on the day issued by the City, unless otherwise approved. Adverse weather conditions will not relieve the Contractor of reading responsibilities, unless approved by the City.

RFP 26131-JT Page 5

Routes consist of approximately 250-400 meters. The City may change existing route structure(s) to include new accounts and improve uniformity, and the Contractor is required to maintain the route schedule. The Contractor’s work day will begin no earlier than 7:00 a.m., with all work to be completed and returned to the City by 3:30 p.m. The Contractor shall provide meter reading equipment and provide a data file to the City for uploading onto the City’s billing system.

The number of meter readings provided herein is estimated and does not obligate the City to any specific number of meter readings during the contract period.

B. Backreads

If a reading is not acquired for an account, a backread will be generated the next workday. All backreads shall be completed by the Contractor’s employees on the day received. The Contractor shall be assessed a penalty for each backread issued. The penalty shall be ten dollars ($10.00) per backread and an additional ten dollars ($10.00) for each day the backread is not completed.

The City is responsible for providing reasonable access to the contractor for all meters assigned. The Contractor will not be assessed a penalty if it is determined, after review, that access to a meter was not available. If the City determines that a meter is not available, the City will perform the backread without penalty to the Contractor.

The Contractor shall notify the City of any hazardous or irregular situations observed at the meter reading sites by entering appropriate code in handheld unit or by forwarding pertinent information to the City in writing, showing address and scope of problem.

C. Miss-Reads

In the event that the City determines that the Contractor’s meter reading was in error, the Contractor shall be assessed a penalty of ten dollars ($10.00) and shall not be paid for the initial meter reading.

D. Payment

The Contractor shall be paid monthly for the number of meters read, based on the contract rates, less any backread and miss-read penalties.

E. Supervision

The Contractor shall provide appropriate local and on-site supervision daily for contract employees working in the City of Suffolk. The Supervisor shall coordinate reading schedules with the City and shall be readily accessible by phone during normal working hours for problem resolution.

The Contractor will be responsible for scheduling and arranging work assignments, field monitoring of meter readers, monitoring reader activity from reports, preparing management reports, and resolution and follow-up of customer complaints related to Contractor reading.

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The Supervisor must demonstrate to the City's satisfaction, effective communications skills, both written and verbal, to facilitate coordination of the work with City staff and ensure progress of the work in a timely and effective manner. The Supervisor shall represent the Contractor and all communications given to the Supervisor shall be as binding as if given to the Contractor.

F. Meter Reading Environment

With few exceptions, all meters are pit set. High water tables or inclement weather may cause pits to flood, making pumps and viewing tubes required equipment, that shall be supplied by the Contractor. Contractor employees shall be required to clean out meter boxes as necessary in order to acquire meter readings.

G. Equipment

1. Contractor Supplied Equipment

The Contractor shall provide meter reading units, as well as the software and hardware required to upload and download meter reading information.

2. Vendor Supplied Equipment

All other equipment to be provided by the Contractor shall include, but is not limited to, the following:

• Uniforms

• Transportation

• Communication equipment

• Pumps

• Viewing tubes

• Screw drivers

• Miscellaneous small tools

H. Uniforms

Uniforms shall be provided by the Contractor including, but not limited to, caps, shirts, pants, jackets, and rain gear. While uniforms should not look like City issued uniforms, they must be equivalent to City issued uniform. Uniforms shall be standardized and easily recognizable as contractors to the City. They should provide a professional appearance and are subject to approval by the City. Any Contractor’s employee not in full uniform will not be allowed to work. Uniforms must be maintained properly and shall appear professional at all times.

I. Identification

Uniforms shall be worn at all times when performing City work. Badges must be worn in plain view at all times, showing employee name and vendor name as contractor to City.

RFP 26131-JT Page 7

J. Transportation

Any vehicles used by the Contractor’s employees while performing work for the City shall display signage indicating Contractor’s company name and local phone number, utilizing permanent markings or magnetic signs.

Vehicles must be properly licensed and inspected.

K. Meter Reading Training

The Contractor shall be required to provide meter reader training for their employees including, but not limited to, classroom instruction and field training.

The Contractor shall be required to provide a copy of a comprehensive safety training program that will be used for their employees including, but not limited to current confined space entry and all other OSHA, VOSHA, City and Department of Public Utilities safety regulations and policies.

The Contractor shall be solely responsible for expense of training employees.

L. Customer Service

The Contractor is responsible for ensuring that all customers and their property are treated with respect and consideration and that proper customer relations are maintained.

M. Contractor’s Employees

The Contractor is responsible for ensuring that each employee reading City meters and required to drive has a valid driver’s license upon employment.

The Contractor must certify a valid license for each employee every six (6) months.

The Contractor is responsible for performing a criminal history check for each employee. At the City’s discretion, these records may be reviewed by the City’s Human Resources Department. Any potential employees having criminal records must be reviewed and approved by City prior to being hired by the Contractor.

The Contractor is responsible for notifying the City immediately of any criminal charges (Class 1 misdemeanors and felonies) incurred by their employees.

The Contractor is responsible for administering a drug screening test to each potential employee who will perform work for the City. The administration and results review of drug screening test must be conducted by a National Institute of Drug Abuse (NIDA) approved laboratory.

All costs associated with the criminal history checks and drug screening will be the responsibility of the Contractor.

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The City shall have the right to require the Contractor to exclude from service such employees that are incompetent, careless, insubordinate, unsuitable, or otherwise objectionable. Telephone contact with the Contractor from designated City representatives shall constitute sufficient notice to exclude such employees.

All personnel shall be employees of the Contractor and shall be subject to the sole control and direction of the Contractor. The Contractor shall pay all salaries and expenses of such employees, and all Federal Social Security Taxes, Federal and State Unemployment Taxes, and any similar taxes relating to such employees.

The Contractor’s employees will observe the same holidays observed by the City, which include, but are not limited to, the following:

• New Year’s Day

• Martin Luther King, Jr. Day

• George Washington’s Birthday

• Memorial Day

• Juneteenth

• Fourth of July

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Day after Thanksgiving Day

• Christmas Day

N. Present or Former City Employees

The Contractor shall agree during the period of the agreement, not to employ at any time, any present or former employee of City without prior approval of City.

O. Damages to Customer Property

The Contractor will be responsible for any damage claims to customer property caused by their employees. Damage costs will be deducted from the monthly payment to Contractor.

P. Contractor Requirements

Any expenses incurred by the City due to non-performance or negligence on the part of the Contractor shall be the responsibility of the Contractor. The City will deduct these expenses from any money still due the Contractor, and will collect any balance directly from the Contractor.

Q. Additional Optional Services

As an option the City reserves the right to negotiate on a per job basis, additional services to include residential meter change outs, delinquent accounts turn off/on, and meter removes and placements.

RFP 26131-JT Page 9

6.0 CONTRACTOR QUALIFICATIONS

To be eligible to bid, Contractor must meet the following requirements:

• The Contractor must have a minimum of three (3) years’ experience in contract meter reading.

• The Contractor must provide at least three (3) references from contract meter reading clients. References must have a minimum of one (1) year of experience with vendor. References will be submitted with bid.

• The Contractor must be able to start providing required service within thirty (30) days from award of bid.

INSTRUCTIONS FOR SUBMITTING PROPOSALS

A. Submission of Proposals

An electronic document shall be submitted by e-mail attachment to proposals@suffolkva.us or through eVA with the RFP number, title, and closing date in the subject line. Electronic copies 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 jeturner@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, pricing, 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.

B. Questions and Inquiries

Questions and inquiries pertaining to the Request for Proposals will be accepted from any and all firms via e-mail (jallison@suffolkva.us) or fax. Inquires must provide RFP number, title and acceptance date. Material questions will be

RFP 26131-JT Page 10 answered by Addendum and will be posted on the City’s website:

https://www.suffolkva.us/Bids.aspx?CatID=17 and to all firms who receive the RFP provided that all questions are received five (5) business days prior to opening date.

Julie Turner, Senior Buyer, is the designated authorized spokesperson for the City of Suffolk with respect to this RFP. All questions and/or comments should be directed to her 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 Suffolk City Council and other elected City officials. Any such unauthorized contact may disqualify the offeror from the procurement.

C. 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 addendums prior to submitting a proposal. All addenda can be downloaded from https://www.suffolkva.us/Bids.aspx?CatID=17

D. Firm Pricing for City Acceptance

Offers made during negotiation must be honored for City acceptance for 120 days from the date of offer.

E. 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.

F. 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. Firm name and authorized signature must appear on proposal in the space provided on the pricing page.

G. Preparation and Submission of Proposals

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

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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.

H. Miscellaneous Requirements

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

2. 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.

3. 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 firm will be expected to sign a contract with the City.

4. 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.

8.0 SPECIFIC PROPOSAL REQUIREMENTS

Proposals should be as thorough and detailed as necessary to allow the City of Suffolk 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.

A. Cover Sheet and Cover Letter

The offeror shall complete and submit the Cover Sheet (Page 1) and submit it with a brief cover letter. The cover letter should summarize key elements of the proposal. An individual authorized to bind the Contractor must sign the letter and Signature Sheet (Page 27), as well. The letter must stipulate that the proposal

RFP 26131-JT Page 12 price(s) will be valid for a period of at least 120 days. Indicate the address and telephone number of the Contractor’s office.

B. General Information

The offeror shall provide a brief introduction of the company, including size, organization, number of years in business, capabilities and appropriate point of contact.

C. Approach to Task

The offeror shall include a startup plan in the proposal indicating the ability to be fully operational within thirty (30) days after contract award. The plan shall include how your company will handle the transition phase during the startup of the contract and explain how employees will be obtained.

Explain how the current level of quality will be accomplished.

D. Staffing

Explain how you propose to maintain and adjust the level of staffing to meet the service demand during the course of the contract.

E. Communication

Explain how you will communicate with City staff and how City staff will be able to contact you. Include the name of your contact person and one backup person.

F. References

Provide a minimum of three (3) references to whom similar services are currently being provided. Reference should include name, address, telephone number, and term of contract.

G. Pricing

Pricing submitted shall reflect a price per meter reading performed based on the estimated monthly average of 30,000 per month. Pricing should reflect current year’s pricing, as well as any increases for each additional year thereafter.

A “price per meter” shall be included with the pricing portion of your proposal indicating the cost associated with the following monthly quantities for each meter reading type:

• Manual Read Meters 16,500 reads per month

• Touch Read Meters 13,500 reads per month

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H. Format

Proposal should be submitted in the following format:

• Cover Sheet and Cover Letter (Section A)

• Proposal sequenced in accordance with Sections B-F above

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

o Signature Sheet (Page 27) o Propriety/Confidential Information Identification (Page 28) o Exceptions to RFP (Page 29) o Anticollusion/Nondiscrimination/Drug Free Workplace Clauses (Pg.

30) o Proof of Authority to Transact Business in Virginia (Page 31)

• Pricing Schedule (Section G)

• Addendums (if any)

9.0 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 criteria will be evaluated based upon the strengths and weaknesses of the submittal or subsequent information gained in the process.

• Offeror’s experience and capabilities for services requested (25%)

• Quality of service as represented by pertinent references (25%)

• Price (30%)

• Overall quality and completeness of proposals (20%)

Selection shall be made of the offeror deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals. 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(s) which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The city may cancel this Request for Proposals 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 that offeror.

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

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10.0 ADDITIONAL INSTRUCTIONS

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 as a part of the proposal.

Electronic submittals on CD, DVD, flash drives, or other electronic media will be accepted if delivered prior to 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 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.

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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 sub-Contractors Default on any previous contract.

For 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 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.

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15. Contact Prohibition: Direct contact with 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 the Suffolk City Council and locally elected officials.

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 of Suffolk 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 (http://www.suffolkva.us/bids/). 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.

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 for as outlined in the Virginia Public Procurement Act.

21. Announcements: Upon the award or the announcement of the decision to award a contract, the City will publicly post such notice 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

RFP 26131-JT Page 17 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.

11.0 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 shall control.

2. Alien employment: Contractor 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 Contractor 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, sexual orientation, gender identity 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

RFP 26131-JT Page 18 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:

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

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, service disabled veterans, status of military family, 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.

b. 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.

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.

2. The Contractor 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 Contractor 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 appropriations for the following years.

6. Changes and Additions: It shall be the responsibility of the Contractor 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.

It is understood and agreed to by both the City and the Contractor that such modifications or additions to the contract shall be made only by the full execution of the City’s standard Contract change order form. Furthermore, it is understood and agreed by both parties that any work done by the Contractor on such modification or addition to the contract prior to the City’s execution of its standard Contract change order form shall be at the total risk of the Contractor and said work may not be compensated by the City.

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7. Conflicts of Interests: The City may not procure supplies, equipment, materials or other goods from a Contractor on the same project.

8. Contractor’s Failure to Perform: Failure of the Contractor 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 Contractor for a period of up to three (3) years. Termination and /or debarment of the Contractor 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 Contractor shall give written notice to the Purchasing

Agent 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 Purchasing Agent no later than sixty

(60) days after final payment. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of receipt of the claim.

The Purchasing Agent's decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the City Manager, or his designee. The City Manager shall render a decision within sixty (60) days of receipt of the appeal.

10. Copyright Protection: Contractor 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 Contractor is not the patentee, assignee, or licensee, to the same extent as provided in the above paragraph.

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

12. Drug-Free Workplace: During the performance of this contract, the Contractor agrees to (1) provide a drug-free workplace for the Contractor'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 Contractor'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 Contractor that the Contractor maintains a 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 sub-Contractor 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

RFP 26131-JT Page 20 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 of Suffolk 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 Contractor 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: Contractor 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 Contractor, 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 Contractor.

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 Contractor or any of the Contractor’s officers, shareholders, employees, agents, Contractors, sub-Contractors, or any other person or entity acting on behalf of Contractor. Unless otherwise provided by law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for Contractor under workers’ compensation acts, disability benefit acts, 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.

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

19. Insurance: Contractor 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 Contractor, 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 Contractor for the duration of the contract period; for occurrence policies. Claims made policies must extend reporting period for two (2) years after expiration date.

a. 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

b. Automobile Liability

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

Minimum Limits

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

c. Workers' Compensation

Limits as required by the…