RFP 27019 Pavement Asset Inventory.pdf

RFP 27019-AG Page 1

Request for Proposal City of Suffolk

RFP #27019-AG

September 11, 2026 Purchasing Division 442 W. Washington Street, Room 1086

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

Pavement Asset Inventory & Pavement Management Solutions

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 purpose of this Request for Proposal (RFP) is to develop a roadway asset management program that enables the City to assess roadway conditions, maintain transportation asset inventories, prioritize maintenance and rehabilitation activities, support budget development, and plan future infrastructure investments. The resulting program shall provide reliable data, reporting capabilities, and decision-support tools to enhance the management and preservation of the City's transportation network.

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.

Proposals are due: 3:00 p.m., October 15, 2026

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

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 27019-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.

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.

Submittals must be limited to thirty (30) single sided pages, including required City forms and staff resumes.

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

RFP 27019-AG Page 3

REQUEST FOR PROPOSAL

Table of Contents

Pavement Asset Inventory & Pavement Asset Solutions

SECTION/TITLE

PURPOSE

COMPETITION INTENDED

CONTRACT PERIOD

SCOPE OF SERVICES

INSTRUCTIONS FOR SUBMITTING PROPOSALS

SPECIFIC PROPOSAL REQUIREMENTS

ADDITIONAL INSTRUCTIONS FOR RFP

CONTRACT TERMS AND CONDITIONS

SIGNATURE SHEET

PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION

EXCEPTIONS TO RFP

ANTICOLLUSION

PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

RFP 27019-AG Page 4

PURPOSE

The purpose of this Request for Proposal (RFP) is to develop a roadway asset management program that enables the City to assess roadway conditions, maintain transportation asset inventories, prioritize maintenance and rehabilitation activities, support budget development, and plan future infrastructure investments. The resulting program shall provide reliable data, reporting capabilities, and decision-support tools to enhance the management and preservation of the City's transportation network.

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.

CONTRACT PERIOD

Contract shall become effective January 1, 2027, and go through December 31, 2027. The City reserves the right to renew the contract for four (4) additional one-year periods, terminating December 31, 2031. The right is further reserved by the City to not renew the resulting contract at the expiration of any annual anniversary date by furnishing the Contractor with a thirty (30) day written notice.

Initial rates and subsequent renewal rates must be guaranteed for a minimum of twelve (12) months. Any increase in rates shall be limited to the lesser of the Consumer Price Index for all Urban Consumers (CPI-U) – Other Goods and Services (unadjusted for the current 12 month period) or 3%. The City does not guarantee approval of any rate increase. The City must be notified of any rate increases during the contract period.

SCOPE OF SERVICES

The Consultant shall provide a comprehensive roadway asset management and pavement condition assessment program for the City's roadway network. The program shall support data-driven maintenance assessment and planning inventory, capital improvement programming, budgeting, and long-term transportation asset management, and photo documentation of roads and Right of Way.

The Consultant's approach shall include, but not be limited to, the following:

• Collecting roadway condition and inventory data throughout the City's roadway network using automated or semi-automated methods.

• Providing integration with the City's Cityworks Respond platform to allow roadway condition data, asset inventories, photographs, and related information to be linked to service requests, work orders, inspections, and other operational activities. Evaluating roadway conditions and identifying pavement deficiencies, maintenance needs, and rehabilitation opportunities.

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• Providing roadway condition ratings and prioritization methodologies that support maintenance planning and capital investment decisions.

• Identifying and inventorying roadway assets visible within the public right-of-way, including but not limited to signs, pavement markings, guardrails, drainage structures, and other transportation infrastructure.

• Providing software tools, databases, or reporting platforms that allow City staff to access roadway condition information, asset inventories, imagery, maps, and supporting documentation.

• Providing mobile application access compatible with City-issued smartphones, allowing authorized Public Works staff to view roadway conditions, asset inventories, photographs, maps, and related information in the field.

• All roadway condition data, asset inventories, photographs, GIS data, reports, maps, dashboards, and other information collected or developed under this contract shall be the sole property of the City. The Consultant shall provide the City unrestricted access to, and the ability to export, all data in industry-standard, non-proprietary formats at no additional cost.

• Developing maintenance and rehabilitation recommendations based on roadway conditions, asset performance, and established prioritization criteria.

• Providing budget forecasting, funding scenario analysis, and multi-year maintenance and rehabilitation planning tools.

• Preparing reports, dashboards, maps, and other visualizations to support operational decision-making and executive-level reporting.

• Coordinating with City staff throughout the project to ensure data accuracy, system implementation, and successful project delivery.

• Following established quality assurance and quality control procedures for all data collection, processing, analysis, and reporting activities.

• Providing documented verification and acceptance procedures to ensure all deliverables meet the City's requirements and specifications.

Roadway data collection shall include all publicly maintained paved roadways identified by the City. The Consultant shall develop a data collection methodology that provides sufficient coverage to accurately assess roadway conditions and support the objectives of the City's roadway asset management program.

Data Preparation

The Consultant shall utilize roadway centerline data, GIS layers, and other information provided by the City to establish a roadway asset management database. Each roadway segment shall maintain a persistent link to the City's GIS network to support mapping, reporting, and future updates.

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The Consultant shall work with the City to verify roadway segmentation, asset attribution, and data standards to ensure compatibility with existing City systems.

Deliverables:

1. Roadway asset management database linked to the City's GIS roadway network.

2. Data schema and documentation.

3. GIS integration documentation.

Condition Assessment Methodology

The Consultant shall work with the City to establish a roadway condition assessment methodology that supports maintenance prioritization, budget planning, and long-term asset management objectives.

The methodology shall include roadway condition ratings, asset evaluation criteria, and recommended maintenance and rehabilitation categories. The Consultant shall document the methodology and provide sufficient detail to allow future condition assessments to be performed consistently.

Deliverables:

1. Roadway condition assessment methodology.

2. Asset rating and prioritization framework.

3. Maintenance and rehabilitation recommendation guidelines.

Roadway Data Collection

The Consultant shall collect roadway condition and asset inventory data throughout the City's roadway network using automated or semi-automated methods.

Data collection may include roadway imagery, condition observations, asset inventories, geospatial information, and other supporting data necessary to support roadway condition assessment and asset management activities.

The Consultant shall develop a collection methodology that provides sufficient coverage to accurately assess roadway conditions and inventory transportation assets throughout the City's roadway network.

Roadway data collection shall include all publicly maintained paved roadways identified by the City.

1. Roadway imagery and supporting documentation.

2. Georeferenced roadway condition dataset.

3. Transportation asset inventory dataset.

RFP 27019-AG Page 7

4. GIS-compatible mapping layers.

Roadway Condition Assessment and Asset Evaluation

The Consultant shall evaluate roadway conditions and transportation assets using the approved assessment methodology.

Roadway segments shall be assigned condition ratings and categorized according to maintenance, rehabilitation, or reconstruction needs. The Consultant shall identify priority locations and provide supporting documentation for recommended actions.

The assessment shall provide sufficient information to support annual maintenance planning, capital improvement programming, and budget development.

1. Roadway condition and asset assessment results.

2. Condition rating maps and dashboards.

3. Prioritized maintenance and rehabilitation candidate lists.

4. Executive summary of network conditions.

5. A system that allows authorized City staff to capture, upload, store, and view georeferenced photographs at any time using desktop and mobile devices.

Photographs shall be linked to roadway segments, transportation assets, inspections, and maintenance activities.

6. All roadway condition data, asset inventories, photographs, GIS layers, reports, dashboards, metadata, and associated documentation shall remain the sole property of the City. The Consultant shall provide unrestricted access to all data and the ability to export it in non-proprietary, industry-standard formats throughout the contract term and upon contract completion at no additional cost.

All roadway condition data, asset inventories, photographs, GIS data, reports, maps, dashboards, and other information collected or developed under this contract shall be the sole property of the City. The Consultant shall provide the City unrestricted access to, and the ability to export, all data in industry-standard, non-proprietary formats at no additional cost.

Maintenance Planning and Budget Analysis

The Consultant shall provide tools and analysis to assist the City in prioritizing roadway maintenance and rehabilitation activities.

The Consultant shall work with City staff to develop maintenance strategies, establish prioritization criteria, and evaluate funding scenarios. Analysis shall support both short-term maintenance activities and long-term capital planning.

The Consultant shall provide reports and mapping products that allow City staff to evaluate the impacts of varying funding levels and investment strategies.

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1. Maintenance and rehabilitation recommendations.

2. Funding scenario analysis.

3. Budget forecasting tools.

4. Prioritized project lists and GIS mapping products.

Multi-Year Capital Planning

The Consultant shall develop multi-year roadway maintenance and capital improvement plans based on roadway conditions, asset performance, and available funding assumptions.

The plans shall identify recommended projects, estimated costs, and anticipated network performance outcomes.

1. Generate two-year roadway maintenance work plans based on current roadway conditions and available funding.

2. Generate three-year roadway capital improvement plans based on user-defined funding scenarios.

3. Produce digital maps, project prioritization reports, and executive-level summaries on demand.

4. Allow City staff to modify annual funding levels, project costs, treatment strategies, and other planning assumptions.

5. Automatically recalculate roadway priorities, recommended treatments, project costs, and anticipated network condition ratings based on updated assumptions.

6. Generate funding scenario analyses illustrating the impact of varying investment levels on future roadway conditions.

7. Allow City staff to generate and export reports, maps, dashboards, and capital planning documents at any time without consultant involvement.

8. Retain historical planning scenarios and provide the ability to compare projected network performance across multiple funding strategies.

Roadway Asset Inventory

The Consultant shall develop and maintain a georeferenced inventory of transportation assets visible within the public right-of-way. Assets may include roadway signs, pavement markings, guardrails, drainage structures, and other transportation infrastructure.

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The inventory shall support future maintenance planning, condition assessments, and asset management activities.

1. GIS-based transportation asset inventory.

2. Asset mapping and reporting tools.

Training and Support

The Consultant shall provide training and support necessary for City staff to utilize the roadway asset management system, review roadway conditions, generate reports, and perform future planning activities.

Training materials, user documentation, and technical support procedures shall be provided.

1. One on-site or virtual training session for City staff.

2. User documentation and reference materials.

3. All equipment required to perform the services provided under this contract.

4. Technical support for a period of one year following project completion.

5. Provide all software updates, upgrades, patches, bug fixes, security updates, and new software releases made generally available to customers at no additional cost throughout the duration of the contract.

RFP 27019-AG Page 10

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:agardner@suffolkva.us

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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.

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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.

SPECIFIC PROPOSAL REQUIREMENTS

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.

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:

1. An implementation plan that describes in detail (a) the methods, including controls by which your firm manages projects of the type sought by this RFP; (b) methodology for soliciting and documenting view of internal and external stakeholders: and (c) any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

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

3. 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.

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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

Fee Proposal

Provide your organization’s fee schedule for the services requested in this RFP.

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 Signature Sheet (Page 27) o Propriety/Confidential Information Identification (Page 28) o Exceptions to RFP (Page 29) o Anti-collision/Nondiscrimination/Drug Free Workplace Clauses (Page30) o Proof of Authority to Transact Business in Virginia (Page31)

Submittals must be limited to thirty (30) single sided pages, including required City forms and staff resumes.

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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 weighted criteria listed below. Weights to each rating will be applied as indicated below:

• Compliance with RFP requirements (25%)

• Understanding of the project (20%)

• Recent experience in conducting similar scope, complexity, and magnitude for other agencies (20%)

• Price (25%)

• References (10%)

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

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 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.

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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.

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

RFP 27019-AG Page 16 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 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

RFP 27019-AG Page 17 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 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).

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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.

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, rules or regulations 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.

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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 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.

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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 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

RFP 27019-AG Page 21 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, 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.