RFP Transportation Management System FINAL.pdf

Request for Proposals

For

Engineering Services Public Services

Transportation Management System (Pavement)

July 16, 2026 eVA ID # 121455

NIGP CODES:

91894, 91896, 92517, 92533, 92549, 92593, 96862, 96889

Requested By:

City of Waynesboro 503 W. Main St., Suite 203

Waynesboro, VA 22980

RFP – Transportation Management System (Pavement) July 16, 2026

Table of Contents

I. Introduction

II. Background and Purpose

III. Instructions, Timeline, and Proposal Information for Offerors

IV. Proposal Review Process

V. Scope of Services

VI. Proposal Content

VII. Proposal Evaluation Criteria

VIII. Post-Award Criteria

IX. General Terms and Conditions

X. Special Terms and Conditions

Equal Opportunity Clause and Certification Form………………………………………………18

Proposal Cover Page

SCC Form

I. Introduction

The City of Waynesboro (a.k.a “City” or “Owner”) is requesting qualified Engineering firms for professional Engineering services associated in analyzing pavement, collecting pavement widths and updating our Pavement Management System (PMS).

All firms submitting proposals shall abide by all applicable State and Federal laws and be licensed to provide engineering services in the Commonwealth of Virginia.

The City does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against an Offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment.

II. Background and Purpose

The City of Waynesboro owns, and is fully responsible for maintaining all pavements, sidewalks, curbing, and signs located in City owned Right of Way within the City limits. The City’s pavement network consists of approximately 139 miles (or approximately 272 moving lane miles) maintained by

Virginia Department of Transportation (VDOT) Urban Maintenance Program. Additionally, 3.96 centerline miles of City streets are not supported by VDOT funds (LRP), 20.62 centerline miles of alleys are maintained by the City’s general fund and 8.53 centerline miles of Stormwater alleys.

To better maintain this infrastructure network and to ensure that funds are leveraged to maximize the effectiveness, the City has a license with Cartegraph’s (Operations Management System) OMS suite of software which includes the entire network of street segments and houses the City’s Pavement

Management System (PMS).

The purpose of this RFP is to obtain the services of a qualified Professional Engineering firm to provide condition surveys on all pavement and alleyways in the City right of way, update the Pavement

Management System (PMS), and implement a 5-year pavement maintenance plan. The City’s main objectives are outlined in Section V (Scope of Services) of this Solicitation.

III. Instructions, Timeline, and Proposal Information for Offerors

1. Any questions must be e-mailed. All questions and responses to inquiries will be in writing and will be provided to all Offerors through an e-mail distribution list maintained by the City of Waynesboro and through publication on the e-Virginia Procurement website (eVA) which will serve as the primary mechanism through which any and all addenda, inquiry responses, or other communiqués will be provided for informational purposes to Offerors. Questions must be received by the date and time indicated in the schedule listed below in Subsection 10.

2. The method of procurement is competitive negotiation for professional services in accordance with the Virginia Public Procurement Act (VPPA).

3. Questions regarding the method of procurement shall be directed to:

Mitch Gravitt, Supervisor of Procurement & Risk Management

E-mail: GravittHM@ci.waynesboro.va.us mailto:GravittHM@ci.waynesboro.va.us

4. Questions related to the requirements of the Firm shall be directed to:

Mr. David Key, Public Works

E-mail: keydb@ci.waynesboro.va.us

5. Sealed proposals, subject to the specifications and conditions contained herein and attached hereto, shall be received until, but no later than, 2:00 p.m. local time prevailing, Aug 12, 2026. Proposals shall not be received after this date and time.

Proposals may be submitted electronically via eVA, the Commonwealth of Virginia’s e-Procurement

Portal (h t t p s : / / e v a . v i r g i n i a . g o v ).

Instructions for electronic proposal submittal on eVA are attached as a separate document.

Alternatively, one (1) paper copy of a sealed proposal may be sent by U.S. Mail or another carrier.

Proposals shall be in a sealed envelope and clearly marked in the lower left corner: “RFP –

Engineering Services Public Services Transportation Management System (Pavement)”.

Proposals from carriers that require the use of a proprietary mailing envelope shall be in a sealed envelope INSIDE the proprietary mailing envelope. The return address area of the sealed Proposal envelope should contain the legal Company name, name of Company contact, and the Offeror’s mailing address.

Mailed or delivered Proposals shall be submitted in an envelope or package, sealed and addressed as follows:

City of Waynesboro Purchasing

Mr. Mitch Gravitt

503 W. Main Street, Suite 203

Waynesboro, Virginia 22980

Proposals will be accepted until the date and time specified in Subsection 10 at which time they will be opened and recorded as received. The City will reject any proposal received after this date and time. Offerors have the sole responsibility of ensuring their proposal is received by the City

Purchasing Department by the listed address, time, and date. The City is not responsible for mail delivery delays by the U.S.P.S., private couriers, or the inter-office mail system.

NOTE: Follow up with Purchasing to verify your proposal was received – call 540-942-9272 or

540-942-6576 and leave a voicemail, we will respond.

Proposals may be deposited into a gray mailbox located in front of the Yancey Building - on the corner of 503 W. Main St. and Wayne Avenue.

A Proposal with proprietary information or trade secrets must submit one (1) additional paper copy that has the proprietary information and trade secrets redacted.

If an Offeror believes that any portion of its proposal contains proprietary information or trade secrets exempt from public disclosure as described in the Freedom of Information Act (Va. Code § 2.2-

4342(F)), the Offeror shall clearly identify such portions in its redacted proposal and state why https://eva.virginia.gov/ protection from disclosure is necessary. Identifying the entire proposal as trade secret, proprietary or otherwise exempt from disclosure is not acceptable. The City of Waynesboro shall not be liable for disclosure of any proprietary information or trade secret that is not clearly identified as such in the proposal.

6. The Offeror shall submit a proposal which demonstrates and provides evidence that the Offeror has the capabilities, professional expertise, and experience to perform the services described herein.

7. Offerors are responsible for familiarizing themselves with the conditions and objectives of the proposed scope of services.

8. The City will provide an electronic version of all public documents referenced herein upon request.

9. The awarded Offeror(s) must submit a current, valid certificate of insurance (COI) per the requirements in the General Terms and Conditions – Section “Q”.

10. The City provides the following estimated timetable for this procurement:

Date Time Activity

16 July 2026 N/A RFP Published on eVA

22 July 2026 5:00 PM Deadline for E-mail Receipt of Questions

24 July 2026 5:00 PM Responses to Questions Posted to eVA

12 August 2026 2:00 PM Proposals Due

26 August 2026 N/A Evaluation of Proposals Complete

Week of

31 August 2026 N/A Anticipated Contract Negotiations

IV. Proposal Review Process

1. Using the criteria in Section VII below and with emphasis on professional competence, the City’s

Selection Committee will review all proposals received to determine those Offerors who are responsive, responsible, fully qualified, and suitable to provide the services set forth by this RFP.

2. The Selection Committee shall follow the guidelines described in Section X. Special Terms and

Conditions, Item #1.

V. Scope of Services

The City of Waynesboro maintains all pavements located in City owned Right of Way within the City limits. To better maintain this network and to make more effective use of available maintenance funds the City proposes to enhance an existing Pavement Management System (PMS). The City already has experience with and licenses for the Cartegraph OMS suite of software including its Scenario Builder module.

Additionally, all City alleyways may be inspected as a bid alternate and provided a Cartegraph inspection number to better maintain this network and make informed and effective decisions for future maintenance activities.

1. GENERAL SCOPE:

The Professional Engineering firm, under this contract, will provide the following services related to the pavement management implementation:

EXISTING DATA REVIEW:

A. Examine the existing data in the Cartegraph OMS system and make recommendations regarding missing critical data elements. The proposer shall also review and make recommendations on

Cartegraph’s scenario protocols which include; pavement maintenance activity costs, degradation rates, recommended pavement maintenance activity based on Cartegraphs OCI range, and net

OCI change based on pavement maintance activities.

B. ASSET SURVEY: Perform a survey via Digital Survey Vehicle (DSV) or equivalent technology to determine current pavement conditions, new OCI data in the format of an excel spreadsheet for

Cartegraph.

C. GENERAL PMS IMPLEMENTATION & CONSULTATION: Review existing Cartegraph pavement performance and degradation curves and provide necessary changes based on new and historic data points. Proposer shall also create a Five (5) year pavement maintenance plan with recommendations on resurfacing and preservation best management practices that will maximize the effectiveness of existing funding levels and can be applied in varying conditions.

D. OUTREACH MATERIALS: The proposer shall assist the City with developing graphics and information for outreach materials to describe the Pavement Management System to multiple target audiences including the General Public and City Council. The information provided shall include the condition of the existing pavement network, projected pavement conditions based on the average budget spending and PMS activities, and projected conditions and budget needs if alternative pavement maintenance activities are implemented.

2. DETAILED REQUIREMENTS FOR PAVEMENT ANALYSIS:

A. EXISTING DATA REVIEW

1. A plan to conduct the existing data review and method for handling missing data shall be provided prior to start-up.

2. The proposer shall review the existing City’s Cartegraph and GIS database and list those items that are required to develop and regularly update the PMS and will not be collected through the survey. The City will provide this data as available.

3. Provide recommendations on existing Cartegraph pavement maintenance activity costs.

4. Provide recommendations on Cartegraph pavement maintenance activity based on OCI range.

5. Provide recommendations for net Cartegraph OCI change based on the preformed pavement maintenance activity.

B. SURFACE CONDITION SURVEY

1. Surface condition shall be evaluated on a segment by segment basis as defined by the current

City of Waynesboro pavement centerline data, which is block-by-block, or segments that have been added to the Cartegraph OMS system.

2. Surface conditions shall be evaluated according to ASTM D6433 using LIDAR or equivalent technology. Longitudinal profile distresses (e.g. corrugations, bumps and sags, depressions, shoving, and swells) need not be measured as longitudinal profile is measured.

3. Longitudinal profile shall be reported using the International Roughness Index (IRI) with units of inches per mile. A single IRI value shall be provided for each segment in the City’s network.

4. Rutting shall be measured using sensors to determine average rutting over the entire segment and area of rutting falling into each of the four distress categories (none, low, medium, and high) within the ASTM standard. Because this is a network-level survey, a standard wheel path width shall be assumed for the area calculation.

5. Weathering and Raveling shall be measured using an objective, repeatable approach.

6. Data to be collected with LIDAR. If LIDAR is not available, then a 32-kHz laser sensor in the left wheel path shall be used to collect the macro texture data used to determine severity of raveling.

7. Experienced pavement condition surveyors shall be used for pavement evaluation. The proposal shall provide details on average level of experience of surveyors and training programs for surveyors.

8. The use of automated distress evaluation is permitted as long as it conforms to the surface condition deliverable requirements and meets with ASTM standards for distress rating. If automated distress rating is used, the Offeror shall provide details regarding quality control procedures to include review by experienced surveyors.

9. The Quality Control Plan shall specify the review frequency for data collected. For methods using surveyors, this review shall be at a frequency of 10% at a minimum. Automated surveys shall be reviewed at a frequency of not less than 20%.

C. IMAGING

1. Images shall be collected via LIDAR or equivalent technology.

2. Images shall be geo-referenced to within 1 meter (latitude, longitude, and elevation). The geo-referencing system shall include an inertial navigation system or equivalent to collect geo-referenced data in the event that the GPS signals are lost for a short period.

3. Imaging shall be collected to allow for full width of roadway to be surveyed.

4. A minimum of four camera angles are required: Downward, forward, left shoulder, and rear-facing right shoulder. A three-camera configuration is acceptable if all roads are surveyed in both directions and both shoulders are filmed during data acquisition. A one camera system may be used if it is capable of acquiring all required angles.

5. LIDAR (or equivalent) shall be collected at prevailing traffic speeds. For the City of

Waynesboro, this means speeds up to 45 MPH. Imaging shall be continuous in the surveyed lane.

6. The imaging shall have adequate resolution to visually identify cracks with a width of 2-mm or greater.

7. Image information (segment, georeference, etc.) shall be provided in a viewable online format. Details on viewing the imaging shall be provided.

8. External hard drives using a USB 3.0 interface shall be purchased and provided to the City with all required imaging and data. Image metadata shall be collected and delivered in a matching Microsoft Access or equivalent database format. All data to be provided includes:

a. Geo-reference (latitude, longitude, and elevation) of vehicle location for each ROW image.

b. Geo-reference of start and end of each downward image.

c. Date and time of image.

d. Heading of vehicle at time of image capture. Heading of image is also permissible.

D. CARTEGRAPH INTERFACING

1. The proposer shall have demonstrated experience with Pavement Analysis using the

Cartegraph system. Though preferred, the proposer does not need to be a registered Business

Partner with Cartegraph, as long as they can meet all of the requirements in section D.

2. Data shall be delivered in a format compatible with the City’s current Cartegraph database.

To minimize downtime, the proposer will provide a detailed plan to implement the pavement and other transportation assets data with a minimum interruption to City use. Please keep in mind that the City actively uses several modules of Cartegraph on a daily basis.

3. Pavement segment inventory shall be checked to ensure that it is appropriate to the maintenance of pavement conditions, generation of capital improvement plans, and the creation of work orders in Cartegraph system.

4. The proposer shall provide a plan to determine appropriate Index values for IRI and weathering and the weights used in calculating the Overall Condition Index (OCI). This shall be specific to the City of Waynesboro.

5. Specific distress data shall be uploaded to the Cartegraph SQL database and used to calculate the distress index (i.e., PCI), distress scores for ride and weathering, and an OCI using the procedures in the OMS software.

6. The Cartegraph database shall be returned in the same version as delivered to the proposer.

7. Links to imagery shall be provided within the Cartegraph software so that images are integrated with the centerline roadway segments.

8. All electronic data (imagery, condition surveys, databases, etc.) shall be archived by the vendor for a minimum of four years.

E. GIS

1. The pavement feature class in the City’s GIS shall be checked for its correspondence with the

City’s Cartegraph database. Any discrepancies between the two data sources shall be reconciled. The GIS is assumed to provide the baseline data unless there are observations in the field and images that contradict the data.

2. Changes to the GIS attribute data shall be provided to the City in Microsoft Excel format with

Segment ID as the key identifier.

VI. Proposal Content

Written proposals shall be as CONCISE as possible. It Is NOT the intent of the City to subject Offerors to undue time and/or expense in proposal preparation. It IS the intent of the City to obtain services from a

Firm with experience in providing the services outlined in this RFP. Responsive proposals shall include the following:

1. Completed Equal Opportunity Clause and Certification form (see Page 18);

2. Completed Proposal Cover Page (see Page 19);

3. Completed SCC form (see Page 20);

4. Brief (one page or less) history of your Firm including years in business, size (in terms of staffing);

5. Statement of understanding to include your Firm’s role in the ultimate objectives of the City;

6. Introduction of proposed project team members to include experience;

7. List of proposed consultants, if any;

8. Task Experience: List a minimum of three (3) and a maximum of five (5) former or current

Localities/Owners for which your Firm has performed activities of similar scope to this RFP. Include the following information for each: Owner Representative’s Name, Location, and current and accurate contact information for the purpose of obtaining references and a brief description of the services performed.

9. Unique Qualifications: State why your Firm should be selected by the Owner.

VII. Proposal Evaluation Criteria

Evaluation criteria shall include the following factors:

1. Qualifications of the Offering Firm and its proposed Project Team; and overall qualifications and experience of any subcontractors/consultants to be used. (25 points)

2. Experience of the Offeror in providing the specified services to similarly sized localities. (25 points)

3. Understanding of the Scope of Services and how it relates to the purposes, functions and objectives of the City. (25 points)

4. Familiarity and experience of the firm with the City of Waynesboro. (15 points)

5. References. (10 points)

VIII. Post-Award Criteria

The selected Firm shall be prepared to conduct business with the City of Waynesboro using a purchase order procedure with invoice following delivery on net 30-day terms. Before any work under the contract shall qualify as additional work, the Firm shall notify the Owner’s representative in writing of its intention to treat certain work, if performed, as additional work and its reasons. No claim for additional work will be honored unless written notice is made by the Contractor and written acceptance (in the form of a Change Order) is made by the City.

IX. General Terms and Conditions

A. VIRGINIA PUBLIC PROCUREMENT ACT (VPPA): This solicitation is subject to the provisions of the Commonwealth of Virginia VPPA and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section § 2.2-4363 of the VPPA. A copy of the VPPA is available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Buy for Virginia.”

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought before a court of competent jurisdiction in the City of Waynesboro, Virginia.

The City and the Contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of

Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The

Contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: (Va. Code § 2.2-4311) By submitting their proposals, Offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the

Virginians with Disabilities Act, the Americans with Disabilities Act. In every contract over $10,000 the provisions below apply:

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, 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, rules or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, Offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: (Va. Code § 2.2-4311.1) By submitting their proposals, Offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration

Reform and Control Act of 1986.

F. DEBARMENT STATUS: By submitting their proposals, Offerors certify that they are not currently debarred by the City of Waynesboro, any agency, locality, or political subdivision of the Commonwealth of Virginia from submitting 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.

G. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the

City of Waynesboro all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City of Waynesboro under said contract.

H. MANDATORY USE OF FORMS AND TERMS AND CONDITIONS FOR RFPs: Failure to submit a proposal on the official form provided for that purpose may be a cause for rejection of the proposal; however, the City reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal. Modification of, or additions to, the General Terms and Conditions or

Special Terms and Conditions of the solicitation without the City’s Legal Department approval shall be cause for rejection of the proposal.

I. CLARIFICATION OF TERMS: If any prospective Offeror has questions about the specifications or other solicitation documents, the prospective Offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Payment requirements: (i) individual Contractors shall provide their social security numbers and (ii) proprietorships, partnerships, and corporations shall provide their federal employer identification numbers in accordance with Code of Virginia, § 2.2-4354.

b. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the City purchase order and/or contract number.

c. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

d. All goods or services provided under this contract or purchase order, that is to be paid for with public funds, shall be billed by the Contractor at the contract price.

e. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

f. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of

Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the City shall notify the Contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Contractor shall be liable for the entire amount owed to any subcontractor with which it contracts. Contractor shall not be liable for amounts otherwise reducible due to the subcontractor’s noncompliance with the terms of the contract.

However, in the event Contractor withholds all or a part of the amount promised to the subcontractor under the contract, Contractor shall notify the subcontractor, in writing, of

Contractor’s intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.

Payment by the party contracting with the Contractor shall not be a condition precedent to payment of any lower-tier subcontractor, regardless of that Contractor receiving payment for amounts owed to that Contractor. Any provision in a contract contrary to this section shall be unenforceable.

b. Contractor shall take one of the two following actions within seven (7) days after the receipt of any amount paid for work performed by any subcontractor under this Contract:

1. Pay the subcontractor for the proportionate share of the total payment received attributable to the work performed by the subcontractor under this Contract; or

2. Notify the Owner and the subcontractor, in writing, of its intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

c. Contractor shall pay interest to the subcontractor on all amounts owed that remain unpaid after seven days following its receipt of payment for work performed by the subcontractor under this Contract, except for amounts withheld as allowed by Subsection (B)(2) above.

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

e. 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 Owner. A contract modification shall not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim shall not include any amount for reimbursement for such interest charge.

f. To facilitate payment, individual Contractors shall provide their social security numbers and proprietorships, partnerships, and corporations shall provide their federal employer identification numbers.

g. Unless otherwise provided under the terms of this Contract, interest shall accrue at the rate of one percent per month.

3. Each prime Contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the City, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions, APPLICABLE LAWS

AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION

REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY

USE OF FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and

Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF OFFERORS: The City may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The City further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the City that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the City.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The

Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings.

Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes

Clause of this contract or, if there is none, in accordance with the disputes provisions of the

Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City, after due oral or written notice, may procure them from other sources and hold the

Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the City may have.

Q. INSURANCE: By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded.

For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia.

The Offeror further certifies that the Contractor and any subcontractors will maintain this insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation

Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the

Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate.

Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The City of Waynesboro must be named as an additional insured and so endorsed on the policy.

4. Automobile Liability - $1,000,000 combined single limit.

5. Various Professional Liability/Errors and Omissions coverages for the following services:

Profession/Service Limits

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

R. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the City will publicly post such notice on the DGS/DPS eVA web site (www.eva.virginia.gov) for a minimum of 10 days.

S. DRUG-FREE WORKPLACE: : (Va. Code § 2.2-4312) 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 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.

T. NONDISCRIMINATION OF CONTRACTORS: (Va. Code § 2.2-4343.1 (H)) A Offeror, or

Contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the Offeror employs ex-offenders unless the state agency, department, or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

U. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND

ORDERS: The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, 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. All vendors desiring http://www.eva.virginia./ to provide goods and/or services to the Commonwealth may participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration.

V. AVAILABILITY OF FUNDS: Offeror acknowledges that the City of Waynesboro is a governmental entity, and that contract validity is based upon the availability of public funding under the authority of the City Council. In the event that public funds are unavailable and/or not appropriated for the performance of the City’s obligations under any contract, then the contract shall automatically expire without penalty to the City upon receipt of written 30-day notice by the City to the Contractor of the unavailability and/or non-appropriation of public funds.

W. PROPOSAL PRICE CURRENCY: Unless stated otherwise in the solicitation, Offerors shall state offer prices in US dollars.

X. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A Contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or

Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act 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, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

X. Special Terms and Conditions

1. AWARD-COMPETITIVE NEGOTIATION FOR PROFESSIONAL SERVICES: The

City will engage in individual discussions with two or more Offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, providing the required services. Repetitive informal interviews shall be permissible.

Such Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage the public body may discuss non-binding estimates of total project costs, including, but not limited to, life-cycle costing, and, where appropriate, non-binding estimates of price for services.

Proprietary information from competing Offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, on the basis of evaluation factors published in the Request for Proposals and all information developed in the selection process to this point, the purchasing agency shall select, in the order of preference, two or more Offerors whose professional qualifications and proposed services are deemed most meritorious.

Negotiations shall then be conducted, beginning with the Offeror ranked first. If a contract satisfactory and advantageous to the purchasing agency can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror. Otherwise, negotiations with the

Offeror ranked first shall be formally terminated and negotiations conducted with the Offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price.

Should the City determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror.

2. CANCELLATION OF CONTRACT: The City reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the

Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the Contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

3. ADDITIONAL SERVICES: In the event that the City requires additional services of a similar nature as those included in the scope of services in this solicitation, the Firm shall provide the

City with a written estimate of the total costs to complete the work required. If the City determines that the estimated price is not fair and reasonable, it has the right to ask the Firm to reevaluate the estimate. If the revised estimate is determined to be not fair and reasonable, the

City reserves the right to obtain additional quotes from other Firms.

4. AVAILABILITY OF FUNDS: It is understood and agreed by the Offeror that any resultant contract or extension of the contract period shall be governed by the availability and appropriation of funds.

5. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to

Code of Virginia, §2.2-4311.2 subsection B, an Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). 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 or as otherwise required by law is required to include in its proposal a statement describing why the Offeror is not required to be so authorized.

Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the City’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the

Offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

6. OWNER’S RIGHT TO TERMINATE THE CONTRACT FOR CAUSE:

a. If the Contractor should be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, the owner may terminate the contract. If the Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or suppliers of material or labor, or persistently disregards laws, ordinances, or the written instructions of the owner, or otherwise be guilty of a substantial violation of any provision of the contract, then the owner may terminate the contract.

b. Prior to termination of the contract, the owner shall give the Contractor and his surety ten

(10) calendar days written notice, during which the Contractor and/or his surety may rectify the cause of the termination. If rectified to the satisfaction of the owner within said ten (10) days, the owner may rescind his notice of termination. If it does not, the termination for cause shall become effective at the end of the ten-day (10) notice period.

In the alternative, the owner may postpone the effective date of the termination notice, at his sole discretion, if he should receive reassurances from the Contractor and/or its surety that the causes of termination will be remedied in a time and manner which the owner finds acceptable. If at any time more than ten (10) days after the notice of termination, the owner determines that Contractor and/or its surety has not or is not likely to rectify the causes of termination in an acceptable manner or within the time allowed, then the owner may immediately terminate the contract for cause by giving written notice to the

Contractor and its surety. In no event shall termination for cause terminate the obligations of the Contractor’s surety on its payment and performance bonds.

c. Notice of terminations, whether initial or given after a period of postponement, may be served upon the Contractor and the surety by mail or any other means at their last known places of business in Virginia or elsewhere, by delivery to any officer or management/supervisory employee of either wherever they may be found, or, if no such officer, employee or place of business is known or can be found by reasonable inquiry within three (3) days, by posting the notice at the job site. Failure to accept or pick up registered or certified mail addressed to the last known address shall be deemed to be delivered.

d. Upon termination of the contract, the owner shall take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment. If the expense of finishing the work, including compensation for additional managerial and administrative services shall exceed the unpaid balance of the contract price, the Contractor shall pay the difference to the owner, together with any other expenses of terminating the contract and having it completed by others.

e. If it should be judicially determined that the owner improperly terminated this contract for cause, then the termination shall be deemed to be a termination for the convenience of the owner.

f. Termination of the contract under this section is without prejudice to any other right or remedy of the owner.

7. TERMINATION FOR THE CONVENIENCE OF THE CITY: Occasions may arise when the City purchase order, or contract may need to be terminated for the convenience of the City.

The termination date and the extent of termination must be specified in writing to the Contractor.

The Contractor may submit any termination claim within 30 days after receipt of the notice of termination.

8. REJECTION OF PROPOSALS: The City reserves the…