RFP No. 100319-FY25-21 Pavement Repair Consulting.pdf

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REQUEST FOR PROPOSAL (RFP)

PAVEMENT MANAGEMENT CONSULTING SERVICES

ISSUE DATE: Friday, February 14, 205

RFP NO.: 100319-FY25-21

PRE-PROPOSAL MEETING: Monday, February 24, 2025; 1:30PM (ET)

QUESTION DEADLINE: Wednesday, February 26, 2025; 5:00PM (ET)

PROPOSAL DUE DATE: Thursday, March 13, 2025; 3:00PM (ET)

DELIVERY ADDRESS: Commonwealth’s eProcurement website www.eva.virginia.gov

CONTACT: Kelly Neff, CPPB, VCO Buyer II 703-771-6501

Fax: 703-771-2799 Email: bidquestions@leesburgva.gov

NOTE: Effective January 1, 2021, and until further notice, all bids and proposals in response to a formal solicitation issued by the Town will be securely received via eVA, the Commonwealth’s eProcurement website. All formal solicitations, including notices of addenda, will be posted on the Town’s Bid Board (http://www.leesburgva.gov/bidboard) and eVA (www.eva.virginia.gov). Courtesy notifications will be provided to interested parties who have registered to receive updates. Interested parties are responsible for providing the correct contact information to the Town.

http://www.eva.virginia.gov/ mailto:bidquestions@leesburgva.gov http://www.leesburgva.gov/bidboard

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TABLE OF CONTENTS

SECTION & TITLE PAGE

I. PURPOSE

II. BACKGROUND

III. STATEMENT OF NEEDS

IV. PROPOSAL SUBMITTAL INSTRUCTIONS

V. QUESTIONS AND INQUIRIES

VI. EVALUATION CRITERIA AND AWARD

VII. TERMS AND CONDITIONS

VIII. SAMPLE CONTRACT

OFFEROR SUBMISSION FORM

ACKNOWLEDGEMENT OF ADDENDA

REFERENCES

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I. PURPOSE

The Town of Leesburg (the “Town”) is soliciting proposals from qualified firms to provide right-of-way and parking lot asset engineering and consulting services. The selected firm will use PAVER Pavement Management Software or other Town-approved modeling software, GIS and recently collected right-of-way and parking lot asset condition data (Fall 2024) to build a 5 and 10-year paving and maintenance program and forecast based on a “Neighborhood Proximity” approach.

A virtual non-mandatory pre-proposal meeting will be held at the date and local time indicated on the RFP cover page. It is encouraged that all Offerors attend this meeting to gain a thorough understanding of the Town’s needs. The pre-proposal meeting will be live streamed via Microsoft TEAMS and made available to the public.

Microsoft TEAMS Meeting Details:

• To join the meeting and view the video shared by the Town of Leesburg from your computer, please see the following link: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjdhMDNhODctNTYwYy00ZDBhLWJkYTctMTYyMGU5N Dc0Mzc1%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%229bec83ad-0021-4134-81bd- 403ce78b1921%22%7d

• To join the meeting via phone, please see the following dial-in info: (689) 218-0588

• Meeting Conference ID: 608 312 144#

The Town intends to award a single contract resulting from this RFP.

II. BACKGROUND

The Town of Leesburg is located 35 miles west of Washington, D.C. The Town encompasses an area of 12 square miles with an estimated population of 48,908. The Town’s fiscal year begins on July 1 and ends on June 30. As a government entity, the Town of Leesburg is exempt from being taxed on goods and services. The Town has approximately 269 lane miles of paved right-of-way and numerous paved parking facilities that will be included in this work.

The Town recently contracted with a vendor to provide updated right-of-way asset conditions including Pavement Condition Indices (PCI) for road segments and parking lots. This data collection includes a variety of other assets including road markings, curb and gutter, sidewalks and signs. The data collected in November of 2024 will be incorporated into the Town’s GIS pavement segment layer in early 2025 and will be made available for completing the scope of work below.

III. STATEMENT OF NEEDS

The successful offeror, also referred to herein as “Contractor”, will provide all expertise, labor, equipment, and resources necessary to perform and complete the services herein. The https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjdhMDNhODctNTYwYy00ZDBhLWJkYTctMTYyMGU5NDc0Mzc1%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%229bec83ad-0021-4134-81bd-403ce78b1921%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjdhMDNhODctNTYwYy00ZDBhLWJkYTctMTYyMGU5NDc0Mzc1%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%229bec83ad-0021-4134-81bd-403ce78b1921%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjdhMDNhODctNTYwYy00ZDBhLWJkYTctMTYyMGU5NDc0Mzc1%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%229bec83ad-0021-4134-81bd-403ce78b1921%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjdhMDNhODctNTYwYy00ZDBhLWJkYTctMTYyMGU5NDc0Mzc1%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%229bec83ad-0021-4134-81bd-403ce78b1921%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjdhMDNhODctNTYwYy00ZDBhLWJkYTctMTYyMGU5NDc0Mzc1%40thread.v2/0?context=%7b%22Tid%22%3a%22fcff6f14-98e4-4734-bf54-941f010e77b7%22%2c%22Oid%22%3a%229bec83ad-0021-4134-81bd-403ce78b1921%22%7d

Rev 9/3/24 Page 4 of 32 successful offeror will provide the following services to the Town. The Town reserves the right to add, modify or delete services as needed.

A. Year 1 “Neighborhood Proximity” Approach Road Maintenance & Paving Program Update & Forecast

1. The offeror must prepare a Road Maintenance and Paving Program update based on a “neighborhood proximity” approach that will result in a 5 and 10-year forecast of annual maintenance and repaving projects. Models will be prepared reflecting various funding scenarios and must establish the impact to asset condition and ratings over time. Town parking lots will be modeled separately from ROW and reports and cost estimates will treat them as a separate asset type for the purpose of this work.

The Town currently plans street maintenance and paving at the segment-level based on a worst-first methodology which results in small, fragmented repairs and paving projects throughout Town each year. The Contractor should prepare a full program update resulting in a multi-year plan for maintenance and repaving at the neighborhood or sub-neighborhood level where maintenance and repaving projects are planned by groupings of contiguous ROW segments based on Town-provided funding or service levels. The Contractor should work with the Town to refine this approach as part of this program update. This update will establish a detailed 5-year and approximate 10-year forecast for right-of-way (ROW) and parking lot asset maintenance and projects, specifically including:

a. Routine pavement maintenance tasks allowed in the Virginia Department of Transportation rules and regulations

b. Milling and overlay and/or full reconstruction projects

c. Where repaving or full reconstruction is completed, improvements to sidewalks, ramps, shared-use paths and other ADA Transition Plan projects adjacent to the work must be incorporated and itemized into the proposed plans and cost estimates for the work. This work must bring Town property into compliance with the latest version of PROWAG or other applicable ADA regulations.

Modeling and forecasting will be based on defined funding and service levels provided by the Town. At a minimum, the modeling and forecasting will involve the current funding levels by fiscal year, two additional funding scenarios and two service level scenarios, the results of which will clearly and accurately portray the work that can be done and the impact to overall asset conditions over time Fiscal years span from July 1st through June 30th. Additional modeling scenarios may be required in order to facilitate changes in budget, service levels or assets owned and maintained by the Town.

2. Forecasted work shall be identified at the segment and asset object level by fiscal year within the funding and or service level goals and in consideration of a variety of factors including:

a. The Town’s ADA Transition Plan

b. Capital and CIP projects

c. Private development projects that impact Town property

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d. Utility Maintenance and projects

e. ROW assets conditions.

3. ADA Transition Plan projects must be listed in the program update by project number associated with the fiscal year they are planned to be addressed with updated cost estimates.

4. All pavement modeling work will be performed using the Town’s PAVER software and existing GIS layer data and must comply with all state requirements. The offeror may propose alternate software for pavement modeling and asset management, but the use of alternate software must be approved in advance and in writing by the Town.

The Town is not obligated to approve alternate software and if directed to do so, the offeror shall make use of the Town’s existing Paver software to complete the work contained in this solicitation. For modeling purposes, the Town’s pavement assets will be broken down into at least three family groups including Primary Roads, Secondary Roads and Parking facilities. Additional family groups may be incorporated if found to be warranted to meet the Town’s goals or to comply with State requirements.

5. All asset data must be shared between the various software systems in use by the Town including PAVER, GIS and Central Square EAM. The Contractor will be responsible for performing updates to PAVER and GIS sufficient to allow easy integration with the Town’s asset management system. The contractor must perform all formatting, data entry, data updates and exporting and shall ensure that the exported data is readily able to be shared between the various software systems in use by the Town. The Contractor must ensure GIS data is based on the Town’s existing feature classes, attributes and schema to ensure compatibility.

6. Recommended maintenance and repairs for each road segment including, but not limited to crack sealing, patching, seal coatings, mill and overlay, full reconstruction and replacements must be provided by fiscal year along with realistic budget-level cost estimates.

7. Offeror’s costs must be inclusive of all software licenses and travel related to field visits, meetings and training shall be clearly itemized during contract negotiations.

Offer is not responsible for existing Town license costs, but only those required for their own staff to perform the work described herein.

8. The Town’s right-of-way GIS segment data is currently centerline polylines. As part of this work, the Contractor will convert the polylines for Town-owned right-of-way into polygons delineating the limits of actual pavement in the area of each segment on a separate GIS layer provided to the Town. This will facilitate the calculation of actual pavement area and will aid in calculating costs and quantities for this work at other Town needs.

B. Subsequent Year Program and Forecast Updates

1. The offeror must provide an annual update of the initial ROW pavement and maintenance program update above. The Contractor must review all work completed

Rev 9/3/24 Page 6 of 32 or right-of-way added or modified in the previous year and provide a program update and any needed revisions to the 5 and 10-year forecasts based by August 31st of each Contract year.

2. Contractor must incorporate the maintenance and projects completed during or planned for the current fiscal year for the purpose of updating the models and funding scenarios for the next 5 and 10-year forecasts.

3. All terms and requirements above apply to subsequent annual updates.

C. Deliverables

1. Pavement Maintenance Program Report, describing the program intent, methods, considerations, results and recommendations, map updates and other relevant information as deemed acceptable to the Town. The mapping will include:

a. Fiscal year summaries for 5 future years with summary tables, figures, maps recommended maintenance and funding scenarios. This data should be specific and summarize the various program funding and service level scenarios specified by the Town and the areas of Town to receive maintenance-level tasks as well as repaving or reconstruction by fiscal year based on the “neighborhood proximity” approach described above.

b. Separate summary for years 5-10 showing longer-term funding levels needed to maintain a specified service level and impact to asset conditions over time given various funding scenarios. These outer-year forecasts will be understood to be less accurate and likely to change over time, but will provide information necessary for long-term planning, budgeting and decision making.

2. PowerPoint Slides providing an overview of the program update, findings and recommendations sufficient for a 5-10 min presentation.

3. GIS Map(s) showing the various program models and scenarios with proposed work activities identified by fiscal year.

4. Updates to the Town’s GIS right-of-way and parking lot feature classes and PAVER database with relevant data, including, but not limited to current condition, risk data, life cycle duration, remaining life, estimated replacement year and estimated replacement cost.

5. 5 and 10-Year forecasts shall be reflected in PAVER, GIS and asset management software and by maps and charts listing asset IDs and associated costs by fiscal year to be included in the program update report and Town presentations.

6. A general list of ROW asset types found within the Town of Leesburg that identifies an appropriate life cycle duration and replacement cost based on current year unit costs for each asset type. All database and GIS files must reflect current data and should be updated on an annual basis.

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7. Charts and graphs depicting the impact of the various funding scenarios on average town-wide PCI and average PCI by family groups. Also charts and graphs depicting the funding needs for maintaining a certain average PCI on Town rights-of-way and average PCI by family groups.

D. Staff Training and Support

1. For the first contract year, the offeror must provide a minimum of 40 hours of live training on use of the Paver and GIS software, and the data and models that have been established through this contract to provide the 5- and 10- year forecasts. The training should be done in a manner such that Town Staff will be able to perform modeling for various funding or service level scenarios as Town needs change, update data throughout the year based on changes in condition or work activities performed and to gather data for reporting, presentations or knowledge sharing.

2. For all contract years, the offeror must provide a minimum of 40 labor-hours of support by technical staff involved with the Town’s program update and associated software described above. These 40 hours are in addition to the annual program updates described above.

E. Schedule

1. All first-year work, excluding training and subsequent year updates, shall be completed and delivered to the Town in an acceptable manner no later than August 1st, 2025.

2. All subsequent year program updates shall be provided to the Town in an acceptable manner no later than August 1st of each year and incorporate all work performed the previous fiscal year and any changes to funding or service levels.

F. Additional Services

1. Items A through E are considered the base scope of services for this solicitation. The Town is considering the inclusion of additional right-of-way assets as part of this solicitation. During contract negotiations, the Offeror may be requested to submit separate pricing and proposed scope and methods to prepare 5 and 10-year forecasts for maintenance and replacement of additional right-of-way assets including, but not limited to:

a. Curb and gutter

b. Sidewalk and trails

c. pavement marking

d. Signs, and posts

e. Guardrail

f. Fence

g. other ROW assets

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If requested, pricing for this item should include 5 and 10-year program-level planning and forecasting meeting the scope, deliverables and schedule above.

IV. PROPOSAL SUBMITTAL INSTRUCTIONS

A. Submittal Instructions

One (1) electronic copy of your complete proposal, and one (1) electronic copy with any trade secret, confidential, or proprietary information redacted must be submitted. Late proposals will not be accepted. Mailed, telephone, fax, electronic, emailed and verbal offers will not be accepted.

Submit proposals through the Commonwealth’s eProcurement website, www.eva.virginia.gov in one (1) pdf attachment.

In order to be considered for a contract award, offerors must complete and submit a response to this RFP via the Commonwealth’s electronic procurement website eVA (www.eva.virginia.gov). eVA streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. Offerors desiring to provide goods and/or services to the Town must be a registered vendor in eVA. eVA Vendor Registration is free.

On the eVA website, www.eva.virginia.gov, applicants must login as a vendor using their eVA username and password. Please contact eVA Customer Care for instructions and/or assistance in registering to become a vendor, login, and/or uploading documents. eVA Customer Care:

Hours: 8:00 AM to 4:45 PM, Monday through Friday Phone Toll Free: 866-289-7367

Email: eVACustomerCare@DGS.Virginia.gov

Proposals shall be submitted electronically to the Town via the Commonwealth’s eVA website prior to the proposal submission deadline stipulated for this RFP or as amended via any subsequent addenda issued by the Town. Offerors assume full responsibility for the electronic delivery of the completed proposal to www.eva.virginia.gov on or before the deadline for submission. The Town is not responsible for any loss or delay with respect to the submission of proposals. Late proposals will not be accepted. Proposals submitted by any method other than via the eVA website will not be accepted.

All required forms and documentation submitted in response to this RFP must be uploaded as one (1) pdf attachment to eVA (www.eva.virginia.gov). The attachment should use the following naming convention: the RFP number and the name of the bidder (i.e. RFP No.

__________________ - Your Company’s Name).

NOTE: eVA will not allow an offeror to upload documents after the deadline set for receipt of proposals. Any submission partially uploaded at the deadline date and time

Rev 9/3/24 Page 9 of 32 will be considered incomplete and will not be accepted. ANY PROPOSAL RECEIVED

BY THE TOWN AFTER THE DEADLINE FOR SUBMISSION WILL NOT BE

ACCEPTED.

B. Proposal Format

Offerors shall submit proposals in the following format:

1. Proposals shall include a cover letter, the completed RFP Submission Forms, references, supplemental information, and any other information that you deem appropriate.

2. Proposals shall be submitted on 8-1/2” x 11” paper. Proposals are to be prepared simply and concisely. Elaborate artwork, expensive paper, visual, and other presentation aids are not required.

3. Proposals shall be signed by the person or persons legally authorized to bind the offeror to a Contract. Electronic signatures will be accepted by the Town and submission of a proposal through the eVA website constitutes your representation that your firm authorizes the use of electronic signatures.

4. Proposals shall contain no more than twenty-five (25) individual sheets.

Double-sided printed pages are encouraged. Note that a sheet printed on both sides is counted as a sheet. All sheets in the proposal (i.e. including covers, dividers and tabs, table of contents, executive summary, etc.) will be counted as part of the sheet count.

5. Each copy of the proposal shall be bound or contained in one PDF, all pages shall be numbered, and shall be organized using tabs in the sequence and format as indicated below:

SECTION 1 • Table of Contents

• Executive Summary

• Statement of Independence

• Statements of License to Practice in Virginia

• Offeror Submission Form (Page 30)

• Acknowledgement of Addenda (Page 31)

SECTION 2 • Firm Qualifications and Experience

• Key Personnel Qualifications and Experience

• Staff hourly rate sheet

• State of Virginia Department of Professional and

Occupational Regulation (DPOR) registrations / licenses

• Reference Form (Page 32) SECTION 3 • Understanding and Approach to the Statement of

Needs (Scope of Work)

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• Methodology for updating the program and forecasts based on a “Neighborhood Proximity” approach.

• Organizational Chart

6. As this is a professional services contract, the Town is NOT requesting that offerors provide pricing estimates for to be submitted with this proposal.

When requested, the cost estimate shall include an estimated number of hours and hourly rates for all job categories that will be used to accomplish work under this contract. All costs for reimbursable items such as travel, printing and reproduction along with all reimbursable items provided by an outside source such as printing and courier express must be included. If any subcontractors are to be used, no percentage markup of their cost shall be included.

C. Proposal Organization

Offerors are encouraged to be thorough in addressing the Statement of Needs and the Proposal Submittal Instructions as outlined in this RFP. Offerors must fully address each of the following items and submit proposals using the following format:

1. Section 1:

Executive Summary: Provide a concise description of work experiences as they relate to the Statement of Needs, including but not limited to: background information about the organization (i.e. philosophy, ownership, size, facilities, locations, etc.), management structure, the type of organization you represent (i.e. individual, partnership, corporation, etc.), a detailed history of all mergers and acquisitions, and a copy of the certificate from the State Corporation Commission stating that your firm is authorized to transact business in the Commonwealth of Virginia. The offeror will also provide an affirmative statement that it is independent of the Town.

2. Section 2:

A. Firm Qualifications and Experience: Describe the qualifications and experience of the firm to provide the required services as stated in the Statement of Needs, including but not limited to: firm resume and firm licenses/certifications. Provide at least three (3) previous project/client references in the last five (5) years. Include the following:

o Client name.

o Date when services were performed.

o Summary description of services provided.

o Client manager name, email and phone number.

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Include qualifications and experience providing similar services for governmental entities (municipalities). Include project/client reference information as indicated above relative to such experience.

B. Key Personnel Qualifications and Experience: Describe the qualifications and experience of key personnel who will manage the resultant contract including but not limited to: key personnel resumes, key personnel licenses/certifications, and length of tenure with the firm.

Provide at least three (3) previous project/client references in the last five

(5) years. Include the following:

o Client name.

o Date when services were performed.

o Summary description of services provided.

o Client manager name, email and phone number.

Include qualifications and experience providing similar services for governmental entities (municipalities). Include project/client reference information as indicated above relative to such experience.

Attach copies of State of Virginia Department of Professional and Occupational Regulation (DPOR) registrations/licenses to your proposal as applicable.

3. Section 3:

Understanding and Approach to the Statement of Needs (Scope of Work):

Provide a detailed description of your firm’s approach to perform the services described in the Statement of Needs (Scope of Work). Elaborate on your methodology for building a 5- and 10- year maintenance and paving program and forecast based on a “Neighborhood Proximity” approach and how you would incorporate other data sets such as an ADA Transition Plan and upcoming planned utility work. Describe how your team would approach modeling and recommendations based on required level of service (minimum PCI) or various budget scenarios. Describe your firm’s capacity and availability of resources to perform the services as delineated in the Statement of Needs (Scope of Work). Provide an organizational chart delineating roles and responsibilities of key personnel.

D. Proposal Protection

In accordance with Sections 11 and 12 of the Town’s General Terms and Conditions, all proposals submitted in response to this RFP will be open to inspection by any citizen, or interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a firm prior to or as part of its proposal will not be subject to public disclosure under the Virginia Freedom of Information Act only under the following circumstances: (1) the appropriate information is clearly identified by some distinct method such as highlighting or underlining; (2) only the

Rev 9/3/24 Page 12 of 32 specific words, figures, or paragraphs that constitute trade secrets or proprietary information are identified; and (3) a summary page is supplied immediately following the proposal title page that includes (a) the information to be protected, (b) the section(s)/page number(s) where this information is found in the proposal, and (c) a statement why protection is necessary for each section listed. The firm must also provide a separate electronic copy of the proposal with the trade secrets and/or proprietary information redacted. If all of these requirements are not met, then the firm’s entire proposal will be available for public inspection.

IMPORTANT: A firm may not request that its entire proposal be treated as a trade secret or proprietary information, nor may a firm request that its pricing/fees be treated as a trade secret or proprietary information, or otherwise be deemed confidential. Pursuant to Virginia Code § 2.2-4342(F), redactions that attempt to protect entire pages of a proposal and/or pricing are not acceptable. Additionally, any references to public entities (including a public entity’s address, phone number, and email address) must remain unredacted. If after given a reasonable time, the Offeror refuses to withdraw the aforementioned designation, the proposal will be removed from consideration and will subsequently be made available for public inspection to satisfy the requirements of the Virginia Freedom of Information Act.

V. QUESTIONS AND INQUIRIES

Unless otherwise instructed, the Procurement Contact is the sole point of contact for questions concerning this RFP. Questions concerning this RFP must be made in writing to the Procurement Contact listed on the cover page of the RFP. Questions must be received by the Question Deadline stated on the cover page of this RFP.

A formal addendum responding to all questions received by the deadline will be made available no later than five business days before the proposal due date. Additional clarifications to the specifications will also be in the form of a written addendum. All addenda will be posted on the Town’s website. Such addenda will become part of the contract documents. Verbal instructions are not binding and will not form a part of the proposal documents. It is the offeror’s responsibility to obtain all addenda from the Town’s website:

VI. EVALUATION CRITERIA AND AWARD

A. Evaluation Criteria

Proposals will be evaluated on the following criteria and weighted accordingly:

1. Firm Qualifications and Experience –25%

2. Key Personnel Qualifications and Experience – 25%

3. Understanding and Approach to the Statement of Needs (Scope of Work) - 25%

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4. Methodology for establishing a 5- and 10-year pavement maintenance program and forecast based on a “Neighborhood Proximity” approach and at specified levels of service and budget scenarios. – 25%

B. Selection Process

The selected committee will be comprised of users and potential users from various Town departments. The Town Staff will evaluate and rank the proposals using the evaluation criteria stated above and negotiate a contract in accordance with the process for competitive negotiation described in Section 2.2-4302.2 of the Virginia Public Procurement Act (VPPA) for professional services. Based on the Evaluation Criteria listed in Section VI, the evaluation committee will determine the highest-ranked offeror. Offerors may be required to make an oral presentation of their proposal. The Evaluation Committee will schedule the time and location for this presentation, if it is necessary. Negotiations will then be conducted with the offeror ranked first. Scope of services, estimated man hours and prices will be discussed at this stage. If these negotiations are unsuccessful, they will be formally concluded and the second ranking firm will be contacted.

The Town reserves the right to accept or to reject any or all proposals in whole or in part and to waive informalities in the process of awarding this contract. The Town further reserves the right to make an award of a contract without further discussion of the proposals received provided it is determined in writing that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration. Therefore, proposals should be submitted initially on the most favorable terms that the offeror could propose with respect to both price and technical capability.

C. Contract Award

The Town intends to award a contract to a qualified offeror authorized to transact business in the Commonwealth of Virginia with demonstrated experience similar in nature to that being requested herein. The award of a contract shall be at the sole discretion of the Town. Award will be made to the offeror whose proposal is determined to be most advantageous to the Town, taking into consideration the above criteria.

The contents of the proposal submitted by the successful offeror will become a part of any contract awarded as a result of this RFP. The successful offeror shall be expected to sign a contract with the Town. Additional terms and provisions may be included in the contract, a sample copy of which is enclosed.

VII. TERMS AND CONDITIONS

A. Special Terms and Conditions

1. Contract Term: The term of this Contract shall commence on the contract effective date and shall continue in force for one (1) year. Upon mutual agreement of both parties, this Contract may be renewed for six (6) additional one-year terms.

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B. General Terms and Conditions

1. Proposal Binding for One Hundred Twenty (120) Days: Offeror agrees that this proposal shall be valid and may not be withdrawn for a period of one hundred and twenty (120) calendar days after the due date.

2. Late Proposals: Proposals received after the time specified on the cover page of this RFP will not be accepted and will be returned unopened, provided a return address is visible.

3. Acceptance or Rejection of Proposals: The Town reserves the right to accept or reject any or all proposals in whole or in part and to waive minor informalities in the process of awarding this contract.

4. Competition Intended: It is the Town’s intent that this request for proposals permits competition. It shall be the offeror’s responsibility to advise the Procurement Officer in writing if any language, requirements, specifications, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. The Procurement Officer must receive such notification at least ten (10) business days before the due date.

5. Understanding of Specifications: Offerors shall thoroughly examine and be familiar with the Town specifications. The failure or omission of any offeror to receive or examine this document shall in no way relieve any offeror of obligations with respect to this proposal or the subsequent contract. The submission of a proposal shall be taken as prima facie evidence of compliance with this paragraph.

6. NOT USED

7. Inquiries Concerning Specifications: Questions concerning this RFP must be made in writing to the Procurement Contact listed on the cover page of the

RFP.

8. ADA Reasonable Accommodation Clause: If you need any reasonable accommodation for any type of disability in order to participate in this procurement, please contact the Procurement Officer at least ten (10) business days before the proposal due date.

9. Costs Incurred in Responding: This solicitation does not commit the Town to pay any costs incurred in the preparation and submission of proposals, or to procure or contract for services defined herein.

10. Employment Discrimination Prohibited: During the performance of this contract, the contractor agrees as follows:

Rev 9/3/24 Page 15 of 32

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. 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 the requirements of this section.

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

11. Disposition of Proposals: All materials submitted in response to this RFP will become the property of the Town. One (1) electronic copy of each proposal shall be retained for official files and will become a public record. Unless proposal protection is invoked, these records will be available for public inspection after award of the contract. It is understood that the proposal will become a part of the official file on this matter without obligation on the part of the Town except as to the disclosure restrictions contained in Section 12.

“Trade Secrets and Proprietary Information Disclosure”.

12. Trade Secrets and Proprietary Information Disclosure: In compliance with the Town’s Procurement Policies, all proposals will be available for public inspection. Trade secrets and proprietary information submitted by an offeror in connection with procurement shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, the offeror must invoke the protection of this section before or upon submission of the data or other materials, and must identify the specific area or scope of data or other materials to be protected and state the reasons why protection is necessary. An all-inclusive statement that the entire proposal is proprietary is unacceptable.

A statement that the costs are to be protected is unacceptable.

13. Laws and Regulations: The offeror’s attention is directed to the fact that all applicable Commonwealth of Virginia laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the contract shall apply to the contract throughout, and they will be considered to be included in the contract the same as though herein written out it full.

14. License Requirement: All firms doing business for the Town are required to be licensed in accordance with the Town’s “Business, Professional, and

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Occupational Licensing (BPOL) Tax” Ordinance. Wholesale and retail merchants without a business location in Leesburg, VA are exempt from this requirement. Questions concerning the BPOL Tax should be directed to the Department of Finance, telephone 703-771-2723. Indicate the BPOL license number on the proposal form.

15. Ethics in Public Contracting: The offeror agrees that it will adhere to Article

6 – “Ethics in Public Contracting” requirements set forth in the Virginia Public Procurement Act.

16. Safety: All contractors and subcontractors performing services for the Town are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupation Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors 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.

17. Termination: Subject to the provisions below, the contract may be terminated by the Town upon ten (30) days advance written notice to the other party. If any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval of the Town until said work or services are completed and accepted.

Termination for Convenience – In the event that this contract is terminated or cancelled upon request and for the convenience of the Town, without the required thirty (30) days advance written notice, then the Town shall negotiate reasonable termination costs, if applicable.

Termination for Cause: – Termination by the Town for cause, default or negligence on the part of the contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination for Cause.

In the event of default by the offeror, we reserve the right to procure the commodities and/or services from other sources, and hold the offeror liable for any excess cost occasioned thereby. If, however, public necessity requires use of commodities and/or service not conforming to the specifications they may be accepted and payment therefore shall be made at a proper reduction in price.

Termination Due to Unavailability of Funds in Succeeding Fiscal Years – When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.

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18. Non-Assignment of Contract: The contractor shall not assign the contract, or any portion thereof, without the advanced written permission of the Procurement Officer, such permission not to be unreasonably withheld.

19. Use by Other Localities: Offerors are advised that the resultant contract may be extended, with the authorization of the offeror, to other public bodies or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms and conditions of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing and payment. The Town of Leesburg acts only as the “Contracting Agent” for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your bid.

It is the Contractor’s responsibility to notify the public body(s) of the availability of the contract.

Other public bodies desiring to use this contract must make their own legal determination as to whether the use of this contract is consistent with their laws, regulations, and other policies.

Each public body has the option of executing a separate contract with the Contractor(s). Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contract’s terms and conditions. If, when preparing such a contract, the general terms and conditions of the public body are unacceptable to the Contractor, the Contractor may withdrawal its extension of the award to that public body.

The Town of Leesburg shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that Public Body by the Contractor.

20. Modification of the Contract: This contract may be modified by approved a contract modification or change order signed by both parties in accordance with the VPPA.

21. Discrimination Prohibited; Participation of Small and Minority-Owned

Business: The Town shall not discriminate against an offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

22. Drug-free Workplace to be maintained by Contractor; Required Contract

Provisions: All public bodies shall include in every contract over $10,000 the following provisions:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous

Rev 9/3/24 Page 18 of 32 places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, 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.

23. Collusion Among Offerors: More than one proposal from an individual, firm, partnership, corporation or association under the same or different name will be rejected. Reasonable grounds for believing that an offeror has an interest in more than one proposal for the work contemplated will cause rejection of all proposals in which the offeror is interested. Any or all proposals will be rejected if there is any reason for believing that collusion exists among the offerors. Participants in such collusion may not be considered in future proposals for the same work. The signer of the proposal must declare that all persons, companies and parties interested in the contract as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and that the signer of the proposal has authority to contractually bind the offeror. See Offeror Submission Form.

24. Town Employees: No employee of the Town shall be admitted to any share or part of this contract or to any benefit that may arise there from.

25. Qualification of Offerors: Each offeror may be required, before the award of any contract, to show to the complete satisfaction of the Evaluation Team that it has the necessary facilities, abilities, and financial resources to furnish the service or material specified herein in a satisfactory manner, and the offeror may also be required to show past history and reference which will enable the Evaluation Team to be satisfied as to the offeror’s qualifications. Failure to qualify according to the foregoing requirements will justify proposal rejection.

26. Liability: The successful offeror will not be held responsible for failure to perform the duties and responsibilities imposed by the contract due to legal strikes, fires, civil disobedience, riots, rebellions, acts of God and similar

Rev 9/3/24 Page 19 of 32 occurrences beyond the control of the successful offeror that make performance impossible or illegal, unless otherwise specified in the agreement.

27. Expenses Incurred In Preparing Proposal: The Town accepts no responsibility for any expense incurred in the proposal preparation and presentation. Such expenses are to be borne exclusively by the offeror.

28. Protest Of Award Or Decision To Award: An offeror may protest an award or decision to award a contract under procedures as set forth in the VPPA.

29. Ethics In Public Contracting: This specification incorporates by reference, but is not limited to, the provisions of law contained in the Virginia Conflict of Interest Act, the Virginia Governmental Frauds Act, Articles 2 and 3 of Chapter 10 of title 18.2 of the Code of Virginia, as amended, and the Town Procurement Policy.

30. Faith-Based Organizations: The Town of Leesburg does not discriminate against faith-based organizations.

31. Insurance Requirements: Offeror shall secure at its own expense general liability insurance in an amount not less than $2,000,000 solely contained in a Commercial General Liability Policy or in combination with an Umbrella or Excess Policy. Included shall be coverage for Bodily Injury and Property Damage resulting from the operations, products, and completed operations of the contractor.

Offeror shall also carry automobile insurance in an amount not less than $2,000,000 solely contained in a Commercial Auto Policy or in combination with an Umbrella or Excess Policy. Offeror shall also carry Workers Compensation insurance, which meets the statutory requirements of the Commonwealth of Virginia. In addition, offeror shall also carry other insurance coverage deemed by the Town to be appropriate to his agreement.

The above-mentioned coverage shall be placed with an insurance carrier licensed to do business in the Commonwealth of Virginia. The carrier must have an AM Best Rating of A or better. A Certificate of Insurance identifying coverage and naming the Town of Leesburg as additional insured shall be furnished to the Town. Liability coverage shall contain wording prohibiting cancellation of coverage, failure to renew, or reduction in limit without the insurer first giving 30 days prior written notice of such action to the Town.

32. Payment Clauses: Pursuant to Section 2.2-4354 of the VPPA, within seven days after receipt of amounts paid to the offeror by the Town for work performed by the subcontractor under the resulting contract the Offeror will:

a. Pay the subcontractor for the proportionate share of the total payment received from the Town attributable to the work performed by the subcontractor under that contract; or

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b. Notify the Town and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.

Individual contractors must provide their social security numbers and proprietorships, partnerships, and corporations to provide their federal employer identification numbers.

The offeror will pay interest to the subcontractor on all amounts owed by the offeror that remain unpaid after seven days following receipt by the offeror of payment from the Town for work performed by the subcontractor under that contract, except for amounts withheld as allowed in subdivision 1.

“Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”

The offeror will include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

A contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of the Town. A contract modification shall not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

33. Prime Vendor Responsibilities: Offerors may propose services that are provided by others, but any services proposed must meet all of the requirements of this RFP. If the offeror’s proposal includes services provided by others, the offeror will be required to act as the prime vendor for all such items and must assume full responsibility for the procurement delivery and quality of such services. The offeror will be considered the sole point of contact with regard to all stipulations, including payment of all charges and the meeting of all requirements of this RFP.

34. Purchase Orders: A purchase order will be enclosed with the resulting contract or will be issued shortly thereafter, and will become an integral part of the resulting contract. The purchase order indicates that sufficient funds have been obligated as required by Title 15 of the Code of the Commonwealth of Virginia, and assures distribution of the necessary receiving reports. The purchase order does not supersede any provisions of the resulting contract.

Performance time and dates are determined solely by the contract and any modification thereto. Services are not to begin until receipt of the purchase order and/or other notification by the Town’s Procurement Officer or designee.

35. Title VI Compliance: The Town of…