RFP - Landscape Services 2026.pdf

REQUEST FOR PROPOSALS

RFP #26-005

August 14, 2026 Town of Smithfield

310 Institute St Smithfield, VA 23430 https://www.smithfieldva.gov/

Landscape Services

Sealed Proposals, subject to the conditions and instructions contained herein, will be received at the above office until the time and date shown below (local prevailing time), for furnishing the items or services described in the proposal.

Scope of Work: The Town of Smithfield is seeking Request for Proposals (RFP) from qualified contractors to provide Landscaping Services at Town owned buildings and properties for a term of three (3) years with the right to renew the contract for an additional two (2) years after review of performance.

Proposal Due prior to: September 18th, 2026 at 4:00 PM Contract Officer: Lesley King – lking@smithfieldva.gov

**AN ELECTRONIC RESPONSE IS REQUIRED**

Contract Official, Lesley King, is the sole contact official for the Town of Smithfield with respect to this RFP. All questions and/or comments should be directed to her at this email address: lking@smithfieldva.gov. The respondents to this RFP shall not contact, either directly or indirectly, any other employee or agent of the Town regarding this RFP. Any such unauthorized contact may disqualify the bidder from the procurement.

Company Name:

Address:

City / State / Zip:

Telephone: FAX No.:

E-mail:

Print Name: Title:

Signature: Date:

https://www.smithfieldva.gov/ mailto:lking@smithfieldva.gov

SOLICITATION DOCUMENTS

Request for Proposals (RFP) documents, including any addenda, are available via the Purchasing website:

https://www.smithfieldva.gov/ or on the Commonwealth’s bid board (eVA) http://eva.virginia.gov/.

The Commonwealth’s bid board (eVA) will be used for advertising the RFP only. Email is the preferred method for asking questions and will get a faster response, but other written forms are acceptable.

Proposals should be sent as a .pdf attachment to lking@smithfieldva.gov and copied to mstallings@smithfieldva.gov. The electronic submittal shall be 150 MB, or less, saved as a .pdf document and should conserve disk space to allow easy transfers of data.

PRE-BID MEETING

There will be a mandatory preproposal meeting at The Department of Engineering and Public Works located at 310 Institute St., Smithfield, Virginia on Thursday, September 3rd, at 2:00 p.m. to answer any questions or concerns the contractor may have.

QUESTIONS

Questions pertaining to this RFP should be directed to Lesley King, Contract Official, lking@smithfieldva.gov, not later than September 10th, 2026 by 5:00 p.m. All questions must be submitted in writing; telephone inquiries will not be considered.

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

ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THE PROJECT

MANAGER AS SOON AS POSSIBLE.

We do not have means to keep a plan-holders list, or the names of firms that have downloaded copies of the RFP from various websites. Please check the Town’s website prior to submitting your proposal to ensure that a complete up-to-date package has been received.

In compliance with this Request for Proposals, and subject to all the conditions thereof, the undersigned offers, if the offer is accepted within one hundred and twenty (120) calendar days from the date of the receipt of proposals, to furnish any or all of the items and/or services upon which prices are quoted, at the price set, to be delivered at the time and place specified herein. The undersigned 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.

http://eva.virginia.gov/

CONTENTS

SOLICITATION DOCUMENTS………………………………………………………… 2

MANDATORY PRE-BID MEETING……………………………………………………. 2

QUESTIONS………………………………………………………………………………. 2

CONTRACT PERIOD…………………………………………………………………… 4

SCOPE OF SERVICES………………………………………………………………….. 4

LANDSCAPING AREAS TO BE MAINTAINED…………………………………….. 5

SUBMITTALS/QUALIFICATIONS…………………………………………………… 8

EVALUATION CRITERIA…………………………………………………………….. 8

EVALUATION PROCEDURES……………………………………………………….. 8

PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION……………. 23

EXCEPTIONS TO RFP…………………………………………………………………. 24

ANTICOLLUSION/NONDISCRIMATION/DRUG FREE WORKPLACE CLAUSES.. 25

EXHIBIT A………………………………………………………………………... 27

GENERAL

The Town of Smithfield is seeking proposals from qualified contractors to provide Landscape Services at Town owned buildings and properties. Offerors shall hold a current business license and be properly licensed/registered to operate in the State of Virginia. Offerors shall be able to provide all services referenced herein or assemble a team which can do so.

Items listed in the Scope of Services paragraph are minimum requirements which shall be provided as part of this contract.

CONTRACT PERIOD

The contract period shall be for three (3) years with the right to renew the contract for an additional two (2) years after review of performance.

NOTE: The Town operates on a fiscal year from July 1 through June 30. Purchase orders are good through the end of a current fiscal year. New purchase order(s) are issued at the beginning of each fiscal year to cover the remainder of the current contract period and subsequent renewal periods.

SCOPE OF SERVICES

1. The Contractor shall furnish all labor, supervision, equipment, tools, and materials necessary, for the complete and satisfactory performance in providing Landscape Services. See attached for detailed list of locations and work to be performed. Additional work may develop during this contract term which will be required to be performed.

2. The contractor shall be responsible for any damage claims which may arise as a result of work performed under this contract. Failure to repair the damaged areas will result in withholding of the amount of cost of repair by the Town from a subsequent payment due the contractor.

3. The contractor shall have sufficient personnel and the proper equipment to perform the work under this contract. The contractor shall be responsible for the conduct of all employees while on the job site. Employees shall be properly trained and qualified to perform the work.

4. The contractor shall provide all employees with safety supplies and equipment, which shall include, but are not limited to safety hard hats, reflective vests, reflective pants, etc. The contractor shall ensure that all employees wear the appropriate safety clothing and use appropriate safety supplies and equipment while on the job site in accordance with OSHA regulations and the current VDOT Work Area Protection Manual.

5. Contractor shall comply with the current edition of the VDOT Work Area Protection Manual for all work performed in or around the Town’s and VDOT’s rights of way. Employees must hold a current Basic Work Zone Control and Flagger’s Certification.

6. A copy of the town safety program will be provided to contractor. Contractor will be responsible to ensure all employees abide by our safety rules and regulations. An acknowledgement form must be signed and returned to the town within 10 days of receipt. In addition, contractor agrees to give the Town access to their safety records as applicable.

7. The Town reserves the right to stop the contractor from performing work for failure to observe applicable safety precautions. Work may not resume until approval is given by the Town that all applicable safety measures are in place.

8. The contractor shall have knowledge of proper maintenance techniques in all applicable areas, complete knowledge of pesticides and their proper usage and knowledge of the proper soil and environmental conditions needed for healthy plant growth.

9. Plants shall be monitored for the presence of insects or diseases and shall be treated accordingly.

10. The contractor shall maintain a weed-free appearance at all times. Applications of round-up to newly sprouting weeds; hand weeding of larger weeds as needed an application of pre-emergent herbicide as control. Pruning of new young growth on trees as needed.

11. Use of chemicals shall be in accordance with all State and Federal rules, local laws, ordinances and regulations for safe handling and application of hazardous chemicals including the requirements of the Virginia Department of Agriculture for licensing and certification.

12. All equipment, materials and work shall comply with all applicable Federal, State and Local laws, ordinances, rules, regulations and codes including the Virginia OSHA Standards.

13. Any pesticide of fertilizer applications that could potentially affect people or property will be performed during non-standard business hours.

LICENSE REQUIREMENTS:

Bids will be considered only from Contractors who hold a current Commercial Pesticide Applicator Certificate that is valid in the following categories; Category 3A Ornamental Pest Control, Category 3B Turf and Category 6 Right of Way Pest Control. Successful contractor must also be certified as a Certified Fertilizer Applicator (CFA). Copies of a current Commercial Pesticide Applicator Certificate and a CFA Certificate must be included with your proposal.

LANDSCAPING MAINTENANCE SERVICES – AREAS TO BE MAINTAINED:

SIGNAGE: “WELCOME TO SMITHFIELD”

• Benn’s Church Boulevard/ South Church Street (by Food Lion)

• West Main Street / Waterworks Road

• Benn’s Church Boulevard/Turner Drive

• Battery Park Road/Nike Park Road

• North Church Street (at Town limits)

OTHER PLANTING AND MULCHING LOCATIONS:

• Veterans Memorial (South Church Street & Luter Drive)

• Main Street & Public Parking Lot at Underwood

• 315 Main Street

• Town Hall

• Police Department

• Town Manager’s Office

• Front of Times Building

• South Church Street parking lot

• Public Restroom entrance on Main St.

• Flower beds at 258 and Main intersection

• James Street/ Washington Street

• Flower beds at museum and Christmas shop on Main

• Pots on Main Street

• Triangle Bed (10 & 10 bypass)

• Battery Park Road @ South Church Street (Ornamental Berm)

• Cedar Street / Jericho Road

• Holt and South Church – (Maintain Shrubs and Weed Control only)

• Luter Drive to Cypress Creek Bridge – (Mulching and Weed Control Only) Mulch removal in gutter pan from Luter Drive to Cypress Creek Bridge as needed.

• Hayden’s Lane – Grace Street to Main Street

• Church Street – (Maintain Shrubs and Weed Control only) from Luter to Smithfield Station

• Main Street – (Maintain Shrubs and Weed Control only) Church to Underwood

All flowers are to be paid for by the Town. The contractor will pick the flowers and colors and get approval from the Town. The contractor will order the flowers and have them delivered to 293 Cary Street (Public Works Maintenance Shop), where the contractor will pick-up for installation. Flowers should be planted at an appropriate density to provide well landscaped look.

Labor to be performed by contractor for all areas listed above as follows:

Weed Control: Weeds in beds must be controlled at all times. Applications of Round-up to newly sprouting weeds; hand weed of larger weeds as needed and application of pre-emergent herbicide as a control. Pruning of new growth on young trees as needed.

Maintenance of bed edges: Applications of Round-up and/or string-trimming of bed edges to maintain distinguished line and halt intrusive Bermuda grass growth.

Mulching: Remove and apply 2” to 3” depth of shredded hardwood mulch during period of late October to mid-November to all areas listed above and the trees on Main Street, coinciding with pansy installations. Mulching around trees must be done properly in that mulch is never stacked against the base of the tree. Remove mulch from curb and gutter as necessary. * Town will supply mulch. Contractor to provide equipment to load mulch from 293 Cary Street Shop. Mulch will be also be reapplied in the spring coinciding with spring annual plantings in the areas down town along church and main street.

Watering: Watering to be performed as required (primarily to annuals) during excessive heat and/or drought conditions or as requested by the Town (averaging no more than once per week per location during growing season); water source to be provided by contractor, i.e. mobile tank set-up.

New plantings should be watered the day of installation *Town will provide water from specified location.

Seasonal planting material (up to 1400 6-inch pots per season): Spring annuals to be purchased and approved by the Town of Smithfield for planting during period of April 25 through May 20; contractor’s assistance will be required to arrange delivery or to deliver materials; contractor to provide labor to install plant material long with timed-release plant fertilizer.

Fall annuals to be purchased and approved by the Town of Smithfield for planting during period of October 15 through November 15; contractor’s assistance will be required to arrange delivery or to deliver materials; contractor to provide labor to install plant material along with timed-release plant fertilizer (especially suited for colder soil temperatures).

Shrub Maintenance – Maintenance of shrubs in all flower beds should be done prior to mulching, up to three times a year if necessary. This will include weed removal and pruning in order to maintain a well groomed appearance

Exceptions: Planting of trees, shrubbery and any other landscape changes will be addressed as a separate bid/job, outside of the general maintenance contract and in accordance with the town purchasing policies.

Planting Guarantee: Contractor guarantees the survival of plantings for first 3 months after initial planting.

Soil Testing, Lime Application, Fertilizing and Reseeding: Quarterly soil testing and fertilization shall be done at following locations: Town Hall, Hayden’s Lane, Town Manager’s Office, and Police Department. Lime application shall be applied should the soil sample confirm the need. Spot seeding will be performed as needed to fill in bare spots. Reseeding will be done after consulting with town staff.

Disposal of Material: Contractor is responsible for proper disposal of all material removed.

SUBMITTALS/QUALIFICATIONS:

The Offeror is required to submit an electronic proposal as explained in this document. Please provide sufficient information supporting your strengths compared to the Evaluation Criteria to follow under that heading. Some minimal information is as follows:

1. The Request for Proposal document with any addenda acknowledgements filled out, signed, and scanned as required.

2. A cover letter outlining the following organizational information:

• Name of company (or other business entity) submitting proposal

• Type of business entity (i.e. corporation or partnership)

• References on prior work fitting the scope of this RFP

• Number of years business has been working in Landscaping Services

• Name, location, and telephone number of the firm’s representative to contact.

• Copy of current business license

• State Corporation Commission Identification Number

• Hourly rate for labor and equipment to be provided

• A complete list of equipment available for use under this contract

If the proposer intends to subcontract any of the work set forth in this RFP, then the proposer shall include the subcontractor’s name, address, telephone number and the function that the subcontractor shall perform, including references.

EVALUATION CRITERIA (Listed in Order of Importance)

Each proposal will be evaluated based upon the following published criteria, including compliance with the RFP instructions and the mandatory terms and conditions set forth within the RFP document. The objective of the evaluation will be to select the firm who, in the sole discretion of the Town, offers the best value and fit for the needs of the Town. Each proposal will be evaluated on the following criteria listed in order of importance:

1. Offeror’s Experience with Commercial or Municipality Landscaping Services

2. Offeror’s Qualification in providing services outlined in the RFP

3. Offeror’s past performance

4. The Offeror’s cost to provide services described within this RFP

5. References

EVALUATION PROCEDURES

Proposals will be evaluated, and interviews scheduled with selected firms in accordance with the “Competitive Negotiation for non-professional services” method as outlined in the Virginia Public Procurement Act. A numerical evaluation will not be used, but rather the decision will be based on the respective strengths and/or weaknesses of Offerors perceived by the Evaluation Committee. The Town may require a formal presentation for short-listed Offerors, and intends to negotiate with two or more offerors, depending upon the results of this solicitation. As allowed under the Code of Virginia, if in the opinion of the Evaluation Committee that one offer is clearly more highly qualified, negotiations may be held with only that firm.

REFERENCES

Please provide a minimum of 3 similar projects successfully completed within the past 5 years.

NAME AND ADDRESS OF CONTRACTING ENTITY

BRIEF OVERVIEW AND DURATION OF PROJECT PRINCIPAL CLIENT (NAME) AND

PHONE NUMBER: _______________________________________________

CONDITIONS AND INSTRUCTIONS

Rev: 11/26/2019

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, memory sticks, or other electronic media will be accepted if delivered prior to the closing time. The preferred method of delivery is by an attachment to an email addressed to: lking@smithfieldva.gov. The Town’s published Conditions and Instructions shall supersede any additional writings submitted with the proposal. Such writings shall be clearly marked and noted as an exception.

2. Submittals: Except as noted above, all proposals shall be sent as an attachment to email to:

mcoburn@isleofwightus.net. The subject line must show the proposal number and name. This form shall be included as part of your submittal; else, your response may be considered ‘non-responsive.’

3. Late Proposals: Proposals and amendments thereto sent electronically to 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 properly sent to Purchasing as specified. There will be no exceptions. Electronic proposals sent as an email attachment will show the date and time sent. This date will be used to determine whether a submittal was timely or not. To be considered, the submittal must be sent prior to the closing date published on the front cover.

4. Town or County Offices Closures: Should the Town’s, or the County’s offices, or the electronic network connectivity prevent receipt of proposals at the time of the scheduled proposal closing, the proposals will be opened on the next business day of the Town, at the original scheduled hour, or as soon as connectivity is restored during normal business hours. The opening is not a public event. The names and number of responses shall not be disclosed until negotiations are complete and a decision to award has been made. At that time the file will be made available to Offerors to review.

5. Offer/Acceptance: Each proposal is received with the understanding that the acceptance in writing by the Town of the offer to furnish the prescribed or services and deliverables as described therein, shall constitute a contract between the Offeror and the Town, which shall bind the Offeror to furnish and deliver those services and products at the prices stated and in accordance with the conditions of the accepted proposal and the executed Agreement; and the Town 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.

6. Withdrawal of Proposals: Proposals may be withdrawn (cancelled) any time by submitting such a request in writing on the issuing company's letterhead either by email, in person, or by certified mail.

7. Addenda: If issued, addenda to this solicitation will be posted on the Town’s website (https://www.smithfieldva.gov/) and on the Commonwealth’s bid board (eVA) http://eva.virginia.gov/. 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 should be indicated on the proposal form.

8. Award: Award will be made to the Offeror considered at the Town’s sole determination after following the procedure outlined herein. The process used for this solicitation shall be Competitive Negotiation for Non-Professional Services as outlined in the Virginia Public Procurement Act.

mailto:lking@smithfieldva.gov.

mailto:mcoburn@isleofwightus.net

9. Announcements: Upon the award or the announcement of the decision to award a contract, the Town will publicly post such notice on the bulletin board located in the Town’s Administrative Offices and on the Town’s web site: https://www.smithfieldva.gov/ and the Commonwealth’s bid board (eVA) http://eva.virginia.gov/.

10. Town’s Rights: The Town 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 Town.

11. Delivery: The time of delivery of services must be stated in definite terms. If time of delivery for different goods and/or services varies, the Offeror shall so state.

12. 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.

13. 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.

14. Rights to Damages: By signing this proposal, the Offeror assigns to the Town 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 Town.

15. Anti-Collusion: The Offeror certifies by signing this Request for Proposals that this 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 that 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-CONTRACTOR s or sub-CONTRACTORs have interest in multiple submittals, this clause does not apply except when an act of collusion or fraud.

16. Indemnification: The CONTRACTOR shall defend, indemnify and hold the Town, and the Town’s employees, agents, and volunteers, harmless, 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 the CONTRACTOR, its employees, agents, and volunteers, or incurred by or claimed against the Town, the Town’s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the CONTRACTOR. This indemnification and hold harmless 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 Town due to the negligent, fraudulent or criminal acts of the CONTRACTOR or any of the CONTRACTOR’s officers, shareholders, employees, agents, CONTRACTOR s, sub-CONTRACTORs, or any other person or entity acting on behalf of the CONTRACTOR. Unless otherwise provided by law, the CONTRACTOR’s indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR under worker’s 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.

17. Copyright Protection: The CONTRACTOR agrees to defend and save the Town, 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 the CONTRACTOR is not the patentee, assignee, or licensee, to the same extent as provided in the above paragraph.

18. Laws, Regulations: The CONTRACTOR shall keep fully informed of all federal, state, and local laws, ordinances and regulations that in any manner affect the conduct of the work. The CONTRACTOR shall at all times observe and comply with all such laws, ordinances and regulations.

19. Alien employment: The 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.

20. SCC Authorization: All Offerors authorized to transact business in the Commonwealth pursuant to

Title 13.1 or Title 50, as amended, shall include the identification number issued to it by the State Corporation Commission. Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50, as amended, or as otherwise required by law shall include in its proposal or proposal a statement describing why the Offeror or Offeror is not required to be so authorized.

SCC Number, or Statement: _____________________________________________

Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1, or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The Town may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

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

22. Availability of Funds: When a contract resulting from this solicitation involves multiple fiscal periods, such 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 Town’s extended obligations on those contracts that envision extended funding through successive fiscal periods shall be contingent upon actual appropriations for the following years.

23. Appeals Procedure: Upon your 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 decision 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 buyer at once for assistance.

24. Faith-based Organizations: The Town of Smithfield does not discriminate against faith-based organizations.

25. Anti-Discrimination: By submitting their proposals, Offerors certify to the Town 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 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).

In every contract over $10,000 shall include the following provisions:

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 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 Section a, b, and c above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each sub- CONTRACTOR or vendor.

26. 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 manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

27. Assignment of Contract: A contract shall not be assignable by the CONTRACTOR in whole or in part without the written consent of the Town.

28. 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 Town.

29. Scheduling and Delays: The parties to any contract resultant of this solicitation acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the Town. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The Town shall not be required to pay any of the CONTRACTOR’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the Town. If the Town delays the project for any reason for a continuous period of ninety (90) days or more, the Town and CONTRACTOR will negotiate a mutually agreeable adjustment to the CONTRACTOR’s award amount. Notwithstanding the above, in construction contracts, to the extent that an unreasonable delay is caused by the act or omissions of the Town due to causes within the Town’s control, the above waiver or release shall not apply.

30. Governing Law: This Agreement is made, entered into, and shall be performed in the Town of

Smithfield, 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 Agreement, the parties agree to the exclusive jurisdiction and venue of the Circuit Court of Isle of Wight, 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 the pending or during litigation proceedings, except with the express, written consent of the Town or written instruction/order from the Court.

31. Severability: If any provision of a contract resulting from this solicitation, or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected hereby, and each provision of this contract shall be valid and enforced to the full extent permitted by law.

32. Termination for Convenience: The Town may at any time, and for any reason, terminate this

Contract by written notice to CONTRACTOR specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed.

Notice shall be given to CONTRACTOR by certified mail/return receipt requested at the address set forth in CONTRACTOR’s Proposal or as provided in this Contract. In the event of such termination, CONTRACTOR shall be paid such amount as shall compensate CONTRACTOR for the work satisfactorily completed, and accepted by the Town, at the time of termination. If the Town terminates this Contract, CONTRACTOR shall withdraw its personnel and equipment, cease performance of any further work under this Contract, and turn over to the Town any work completed or in process for which payment has been made.

After the first contract term the CONTRACTOR may at any time, and for any reason, terminate the Contract by written notice to the Town specifying the termination date, which shall not be less than thirty (30) days from the date such notice is mailed.

33. Termination for Cause: In the event that CONTRACTOR shall for any reason or through any cause be in default of the terms of this Contract, the Town may give CONTRACTOR written notice of such default by certified mail/return receipt requested at the address set forth in CONTRACTOR ’s Proposal/ or as provided in this Contract.

Unless otherwise provided, CONTRACTOR shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of CONTRACTOR to cure the default, the Town may immediately cancel and terminate this Contract as of the mailing date of the default notice.

Upon termination, CONTRACTOR shall withdraw its personnel and equipment, cease performance of any further work under the Contract, and turn over to the Town any work in process for which payment has been made. In the event of violations of law, safety or health standards and regulations, this Contract may be immediately cancelled and terminated by the Town and provisions herein with respect to opportunity to cure default shall not be applicable.

34. Contact Prohibition: Direct contact with Town departments other than Purchasing, on the subject of this proposal is expressly forbidden except with the foreknowledge and permission of the Purchasing Agent. Violation may result in a determination that your firm is ineligible for an award.

35. Additional Conditions: The Conditions and Instructions in this solicitation are intended to apply to the resulting contract and shall supersede any conflicting terms offered. 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.

36. CONTRACTOR Failure to Perform: Failure of the CONTRACTOR to perform the contract by reason of the Town’s non-acceptance of additional conditions submitted after the award shall result in termination of the contract by the Town, 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 Town of any other rights or remedies available to the Town by law or contract.

37. Conflict: In the event of a conflict between the contract documents, including these Conditions and

Instructions, the contract documents shall control.

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

(3) days’ notice to the CONTRACTOR by the Town. The Town shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the Town to the CONTRACTOR pursuant to this contract or any renewal or extension of this contract. The Town’s employees, agents or authorized representatives shall have access to the CONTRACTOR’s facilities, shall have access to all necessary records and shall be provided adequate and appropriate work space, in order to conduct audits.

39. Rights and Remedies Not Waived: In no event shall the making by the Town of any payment to the

CONTRACTOR, or the waiver by the Town of any provision under this contract including any obligation of the CONTRACTOR, constitute or be construed as a waiver by the Town of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the CONTRACTOR, and the making of any such payment by the Town while any such breach or default exists shall not impair or prejudice any right or remedies available to the Town.

40. Entire Agreement: A resultant 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.

41. Conflicts of Interests: CONTRACTOR shall not accept or receive commissions or other payments from third parties for soliciting, negotiating, procuring, or effecting insurance on behalf of the Town.

The Town may not procure supplies, equipment, materials or other goods from a CONTRACTOR on the same project.

42. Responsibility of CONTRACTOR: The CONTRACTOR shall, without additional costs or fee to the Town, correct or revise any errors or deficiencies in his performance. Neither the Town’s review, approval or acceptance of, nor payment for any of the services required under this Agreement shall be deemed a waiver of rights by the Town, and the CONTRACTOR shall remain liable to the Town for all costs which are incurred by the Town as a result of the CONTRACTOR’s negligent performance of any of the services furnished under this Agreement.

43. Changes and Additions: It shall be the responsibility of the CONTRACTOR to notify the Town, in writing, of any necessary modifications or additions in the Scope of this Agreement. Compensation for changes or additions in the Scope of this Agreement will be negotiated and approved by the Town, in writing.

It is understood and agreed to by both the Town and the CONTRACTOR that such modifications or additions to this Agreement shall be made only by the full execution of the Town’s standard Agreement 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 this Agreement prior to the Town’s execution of its standard Agreement change order form shall be at the total risk of the CONTRACTOR and said work may not be compensated by the Town.

44. Exemption from Taxes: The Town is exempt from State Sales Tax and Federal Excise Tax. Tax

Exemption Certificate indicating the Town’s tax exempt status will be furnished by the Town upon request.

45. Debarment Status: By submitting a proposal, proposers 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.

46. Safety: All CONTRACTORs and sub-CONTRACTOR s performing services for the Town are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and

Town Safety and Occupational Health Standards and any other applicable rules and regulations. Also all CONTRACTORs and sub-CONTRACTORs shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

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

48. CONTRACTOR’s Form: In cases where the Town may accept the CONTRACTOR’s form agreement, whereas certain standard clauses that may appear in the CONTRACTOR’s form agreement cannot be accepted by the Town, and in consideration of the convenience of using that form, and this form, without the necessity of negotiating a separate contract document, the parties hereto specifically agree that, notwithstanding any provisions appearing in the attached CONTRACTOR’s form contract, the Town’s contract addendum shall prevail over the terms of the CONTRACTOR’s agreement in the event of a conflict.

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

The Town may, at its option, disqualify an Offeror and reject his proposal for cause. Reasons deemed to be sufficient for this action shall include, but not be limited to, the following:

• Evidence of collusion among Offeror.

• 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 Proposer's financial statement, experience and/or plant and equipment.

• CONTRACTOR does not meet project-specific requirements, as identified in the Contract

Documents

50. 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 Town location(s) at the unit cost. No additional shipping charges shall be allowed.

51. Contract Quantities: The quantities specified in the Request for Proposals 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 Town shall be obligated to purchase under the contract or relieve the CONTRACTOR of his obligation to fill all orders placed by the Town, except as clearly noted.

52. Competition Intended: It is the Town’s intent that the Request for Proposals (RFP) permits competition. It shall be the Offeror’s responsibility to advise the Buyer 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 prior to the date set for proposals to close.

53. Insurance: The successful Offeror shall procure, maintain, and provide proof of, insurance coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the Town by the Offeror, his agents, representatives, employees or sub- CONTRACTORs. Proof of coverage as contained herein shall be submitted fifteen (15) days prior to the commencement of work and such coverage shall be maintained by the Offeror for the duration of the contract period; for occurrence policies. Claims made policies must be in force or that coverage purchased for three (3) years after contract completion date.

1. General Liability: Coverage shall be as broad as: Comprehensive General

Liability endorsed to include Broad Form, Commercial General Liability Form including Products/Completed Operations.

a) Minimum Limits, General Liability:

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

2. Automobile Liability: Coverage sufficient to cover all vehicles owned, used, or hired by the Offeror, his agents, representatives, employees or sub- CONTRACTORs.

a) Minimum Limits, Automobile Liability:

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

3. Workers' Compensation: Limits as required by the Workers' Compensation Act of Virginia. Employers Liability, $1,000,000.

4. Professional Liability:

a) The successful Offeror shall provide the Town with an Errors and Omissions

Liability Policy (E&O Policy). The policy shall cover the Town for all sources of liability which would be covered by the latest edition of the standard Errors and Omissions Liability Coverage Form, as filed for use in the Commonwealth of Virginia by the Insurance Services Office, without the attachment of restrictive endorsements.

b) The Town policy shall be endorsed to include the Town 's officials, officers, agents and employees as insured. The E&O Policy shall include the successful Offeror and the Offeror's sub-CONTRACTORs of every tier as the Offeror designated in the declarations.

c) The minimum E&O Policy limits to be provided by the successful Offeror (inclusive of any amounts provided by an umbrella or excess policy) shall be $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. The limits afforded by the E&O Policy (or umbrella or excess policy with respect to it) shall apply only to the Town and Town's officials, officers, agents and employees and only to claims arising out of or in connection with the work under this contract.

d) Notice of Cancellation and/or Restriction - The policy must be specifically endorsed to provide the Town with forty-five (45) days’ notice of cancellation, non-renewal, change in coverage, and/or restriction.

5. Coverage Provisions:

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

b) The Town, its' officers/ officials, employees, agents and volunteers shall be added as "additional insured" as…