City of Fairfax, Virginia

Office of Procurement Services 10455 Armstrong Street

Fairfax, Virginia 22030

REQUEST FOR PROPOSAL

RFP Number: RFP 126283

Title ADA Self Evaluation and Transition Plan

Commodity code(s):

91825 Compliance Consulting, ADA

91867 Human Services Consulting

Issue Date: September 22, 2026

Due Date: October 20, 2026 @ 3:00 p.m.

Period of Contract: One year w/3 one-year renewal options

Contract Administrator: Patricia Innocenti, CPPO

Questions: Patricia.innocenti@fairfaxva.gov

ALL OFFERS MUST BE SUBMITTED ELECTRONICALLY VIA THE VIRGINIA PROCUREMENT

SITE WHICH CAN BE FOUND AT EVA.VIRGINIA.GOV. ANY ASSISTANCE SUBMITTING

PROPOSALS THROUGH THIS SYSTEM MUST BE DIRECTED SOLELY TO EVA

SUPPORT/HELPDESK.

• Your business must be eVA registered and in active status.

• Start by clicking the Register Now link on the eVA website eva.virginia.gov

The City of Fairfax does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment in the performance of its procurement activity.

mailto:Patricia.innocenti@fairfaxva.gov https://eva.virginia.gov/ https://eva.virginia.gov/

RFP 126283

1. PURPOSE:

2. BACKGROUND

3. SCOPE OF WORK:

4. PROJECT DELIVERABLES:

5. QUALIFICATIONS:

6. CONTRACT TERM AND RENEWAL:

7. PROPOSAL INSTRUCTIONS:

8. SUBMITTAL INSTRUCTIONS:

9. Proposal Preparation AND EVALUATION:

10. EVALUATION CRITERIA:

11. PURCHASE ORDER REQUIREMENT:

12. ETHICS IN PUBLIC CONTRACTING:

13. DEBARMENT STATUS:

14. ANTITRUST:

15. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS:

16. Unreasonable Charges:

17. PRECEDENCE OF TERMS:

18. QUALIFICATIONS OF OFFERORS:

19. CHANGES TO THE CONTRACT:

20. TAXES:

21. INSURANCE:

22. ANNOUNCEMENT OF AWARD:

23. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH:

24. ADDENDA:

25. PROPOSAL ACCEPTANCE PERIOD:

26. METHOD OF ORDERING:

27. PERIOD FOR PERFORMANCE OF PURCHASE ORDERS:

28. DELAYS AND SUSPENSIONS:

29. COMPLIANCE WITH ALL LAWS:

30. E-VERIFY PROGRAM:

31. PRIME CONTRACTOR RESPONSIBILITIES:

32. INVOICES AND PAYMENT:

33. COOPERATIVE CONTRACT:

1. PURPOSE:

The City of Fairfax is seeking a qualified supplier ("Contractor") to conduct Phase 1 of a comprehensive Americans with Disabilities Act (ADA) Title II self-evaluation of the City's public-facing infrastructure (facilities, parks, parking facilities, and public rights-of-way) to include development of a prioritized ADA Transition Plan identifying corrective actions, an implementation schedule, and cost estimates for remediation.

This scope of work reflects Phase 1 of a multi-phase, citywide ADA compliance initiative. Future phases addressing digital/website accessibility (Phase 2) and public transportation, personnel policy, and staff training (Phase 3) are anticipated but not currently funded.

2. BACKGROUND

The City of Fairfax is an independent city in Virginia operating under a Council-Manager form of government. The city is a part of both the National Capital and Northern Virginia regions and is located 14 miles west of Washington DC. As of the 2024 U.S Census, the city’s population is 26,340 with a land area of 6.3 square miles, and 54 miles of collector/local roads.

The Americans with Disabilities Act (ADA) is a civil rights law that mandates equal opportunity for individuals with disabilities. The ADA prohibits discrimination in access to jobs, public accommodations, government services, public transportation, and telecommunications. Title II of the ADA also requires that all programs, services, and activities (PSAs) of public entities provide equal access for individuals with disabilities. The City of Fairfax is initiating the ADA self-evaluation to ensure its compliance with all administrative requirements as outlined in ADA. The city's last ADA Self-Evaluation was completed in 2016. An updated self-assessment will identify inconsistencies with Title II requirements and establish a strategic framework with possible solutions to remediate them.

3. SCOPE OF WORK:

The Contractor will be responsible for the evaluation of physical accessibility in accordance with the 2010 ADA Standards for Accessible Design and, for public right-of-way elements, the Public Right-of-Way Accessibility Guidelines (PROWAG), across the City of Fairfax facility and park inventory as detailed in INVENTORY - ATTACHMENT A (attached).

Building evaluations are limited to all common-use spaces, including common-use spaces located in employee-only areas. Areas used only by employees as work areas will not be evaluated.

For each building and park sites, the Contractor shall evaluate, at minimum:

• Accessible routes, entrances, and exits

• Parking and passenger loading zones

• Interior circulation, doors, and hardware

• Restrooms (fixture heights, clear floor space, grab bars, signage) required at all sites, with detailed fixture-level review at the 2 standalone park restroom facilities

• Public-facing service counters, seating, and program spaces

• Recreational elements specific to park sites (play surfaces, trails, sport courts, picnic areas, signage)

• Signage and wayfinding

• Accessible space count, van-accessible spaces, signage, and access aisles relative to code-required ratios for each facility

• Accessible route from parking to the served facility or park

The City of Fairfax’s facility, park, and street inventory includes:

Site Category Quantity Notes

City buildings 13 Includes all public-facing interior and exterior building elements.

Excludes city owned school buildings (for purpose of Phase 1).

Parks 12 Includes 2 parks with standalone public restroom facilities requiring restroom-specific element assessment

Parking Lots/Facilities 10 Includes lots associated with buildings and parks

Streets (sidewalks, curb ramps, pedestrian routes)

26 miles Full assessment methodology to be proposed by Contractor.

Signalized Intersections 63 Includes assessment of curb ramps and accessible pedestrian signal (APS) infrastructure

4. PROJECT DELIVERABLES:

Task 1: Project Management

1.1 Project Schedule: The Contractor shall propose a project schedule as part of its technical proposal, including major milestones for: site assessment completion, draft Self-Evaluation Report and Transition Plan, public comment period, and final deliverables. The project schedule should directly align with the contractor’s proposed project budget.

1.2 Project Kick-off Meeting: The Contractor will conduct a project kick-off meeting with city staff representing major program areas and /or departments to orient them to the process that will be utilized to develop the City’s ADA Transition Plan and introduce the proposed project tasks and schedule. The Contractor is responsible for producing meeting materials include the meeting agenda, facilitating the kick-off meeting and preparing a summary of action items resulting from the meeting. Prior to the kick-off meeting, the Contractor will facilitate a pre-meeting briefing with the city’s contract lead along with the Assistant City Manager about the kick-off meeting agenda.

1.3 Project Invoices and Progress Reports: Through the duration of the project, the Contractor will submit monthly invoices with project progress. The contractor is also required to maintain project records, financial records, and project-related communications.

1.4 Project Update Meetings: In addition to the Kick-off meeting the Contractor will facilitate at least 3 project update meetings with identified city staff during the project. These meetings may be either virtual or in person meetings.

1.5 Final Presentation: At the completion of the project, the Contractor will provide an in-person presentation outlining the self-assessment findings and remediation plan as outlined in the ADA Transition Plan.

Task 2: Building and Associated Parking Lot Review The Contractor will establish field teams to conduct evaluations. The evaluation forms, developed by the Contractor, will reflect federal ADA standards for Accessible Design and access-related state and local standards applicable at the time of construction. All field data will be compatible with the city’s Geographic Information System (GIS), Esri.

Building evaluations are limited to all common-use spaces, including public-facing spaces and common-use spaces located in employee-only areas. Areas used only by employees as work areas will not be evaluated.

The evaluation should include on-site sidewalks (excluding perimeter sidewalks within the public right of way) and all associated curb ramps, ramps, stairs and other pedestrian paths of travel required for ADA-compliant within the building site.

Building Review Tasks Include:

• Field work data in GIS format with associated metadata, compatible with the City’s GIS system.

• Individual barrier photos in JPG format.

• Facility reports in PDF format. The contractor will create a separate report for each building.

Each facility report will identify the compliance status of each facility and consist of the following:

Listing of all facilities and their compliance status with ADA requirements.

Compliance status and possible solutions should be based on the federal ADA Standards for Accessible Design and access-related state and local standards applicable at the time of construction. Possible solutions to resolve non-compliance issues for each facility.

• A recommended priority list of improvements using ADA required criteria developed by contractor.

• “Cost report" that assigns conceptual budget estimates to each possible solution.

Pay item descriptions, units, and unit prices will be based on industry standards.

• Photolog summary for each facility

Task 3: Parks and Associated Parking Lot Review The Contractor will establish field teams to conduct evaluations based on evaluation forms developed by the contractor. The evaluation forms will reflect federal ADA standards for

Accessible Design and access-related state and local standards applicable at the time of construction. All field data will be compatible with the city’s Geographic Information System (GIS).

The Contractor will evaluate all park amenities at these locations. The evaluation will include all sidewalks, curb ramps, ramps, stairs, pedestrian bridges and other pedestrian paths of travel required to be ADA-compliant along the sidewalk.

Parks Review Tasks Include:

• Field work data in GIS format with associated metadata, compatible with the City’s GIS system.

• Individual barrier photos in JPG format.

• Facility reports in PDF format. The contractor will create a separate report for each building.

Each facility report will identify the compliance status of each facility and consist of the following:

Listing of all facilities and their compliance status with ADA requirements.

• Compliance status and possible solutions should be based on the federal ADA Standards for Accessible Design and access-related state and local standards applicable at the time of construction.

Possible solutions to resolve non-compliance issues for each facility.

Prioritized list of improvements using criteria developed by contractor.

“Cost report" that assigns conceptual budget estimates to each possible solution.

• Pay item descriptions, units, and unit prices will be based on industry standards.

Photolog summary for each facility

Task 4: Public Rights-of-Way Review

The Contractor will establish field teams that will conduct evaluations based on evaluation forms developed by the contractor. The evaluation forms will be based on the 2023 Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way Final Rule (PROWAG). State and local building codes under which the project was originally constructed are excluded from the evaluations. All field data will be compatible with the City’s Geographic Information System (GIS).

4.1 Signalized Intersections: The Contractor will evaluate up to 61 signalized intersections which include 125 curb ramps intersections.

4.2 Sidewalk Corridors: The Contractor will evaluate up to 105 linear miles of sidewalk corridors.

Sidewalk corridors consist of sidewalks, pedestrian street crossings, and pedestrian driveway crossings. The sidewalk corridor length is calculated using the centerline of the pedestrian path of travel.

Right-of-Way Review Tasks Include:

• Field work data in GIS format with associated metadata, compatible with the City’s GIS system.

• Individual barrier photos in JPG format.

• Facility reports in PDF format. The contractor will create a separate report for each building.

Each facility report will identify the compliance status of each facility and consist of the following:

• Listing of facilities that are not in compliance with PROWAG.

• Possible solutions to resolve non-compliance issues for each facility.

• Prioritized list of improvements using criteria developed by contractor.

• “Cost report" that assigns conceptual budget estimates to each possible solution.

• The Consultant shall propose and justify its assessment methodology (100% survey vs.

representative sampling/phased approach) as part of its technical proposal, with cost implications clearly identified for each approach

• Pay item descriptions, units, and unit prices will be based on industry standards.

• Photolog summary for each facility

• Compliance status and possible solutions should be based on PROWAG.

Task 5: Public Outreach The Contractor shall design and lead public outreach activities consistent with the participation requirements of 28 CFR §§ 35.105 and 35.150, including but not limited to:

5.1 Community Survey: Development and administration of an accessible public survey to gather input on perceived barriers and priorities.

5.2 Stakeholder Focus Group(s): At least one facilitated focus group or listening session specifically engaging individuals with disabilities, disability advocacy organizations, and the Fairfax Area Disability Services Board.

5.3 Public Review Period: A public comment period on draft assessment findings and the draft Transition Plan prior to finalization.

Task 6: ADA Self-Evaluation and Transition Plan

The Contractor will coordinate with city staff in developing the Final Self-Evaluation and Transition Plan to include:

6.1 Prioritization Criteria: The Contractor will provide the city with recommended criteria for prioritizing identified accessibility improvements.

6.2 Exceptions and Exemptions: The Contractor will evaluate and provide possible solutions for exceptions or exemptions that may apply under the terms of the ADA for the facilities evaluated in Tasks 2-4. This may include exemptions related to structures of historic significance or other exceptions and exemptions as stated in the applicable accessibility standards.

6.3 Budget: The Contractor will provide the city with a recommended multi-year budget estimate for accessibility improvements identified in Tasks 2 - 4. Possible funding sources to achieve compliance will be provided. It will be the City’s responsibility to confirm the City’s eligibility for each funding source.

6.4 Draft Transition Plan: Based on the facility reviews completed in Tasks 2- 4, the Contractor will prepare a draft Transition Plan for the City. The plan will consist of:

• Summary of project purpose, process, and most significant observations;

• Detailed observation of the facility reviews completed in Tasks 2-4

• A phased schedule with cost estimates for the removal of facility barriers identified in Tasks 2-4.

• Summary of Public Outreach activities identified in Task 5.

6.5 Final Transition Plan: The Contractor will prepare a final ADA Self-Evaluation and Transition Plan for the City. This will include 1 round of written comments from city staff. The city will be provided with electronic copies of the draft and final ADA Transition Plan, including any appendix.

5. QUALIFICATIONS:

Minimum Qualifications: The offeror (prime firm, or prime with named subconsultants) must demonstrate the following minimum qualifications. Proposals that do not address each item below may be scored low and not advanced for further consideration.

• Minimum five (5) years' experience conducting ADA Title II self-evaluations and/or transition plans for public entities

• Experience assessing all three scope areas — buildings/facilities, parks/recreation, and public right-of-way (sidewalks, curb ramps, signalized intersections) under the 2010 ADA Standards and PROWAG

• At least one CASp-certified (or equivalent) staff member assigned to the project

• Experience facilitating community engagement that specifically includes individuals with disabilities, not general public outreach alone

• No unresolved non-responsibility findings, debarment, or default on a public contract within the past [5] years

Desired / Preferred Qualifications: The following are not minimum requirements but will be favorably weighted in evaluation:

• Prior ADA self-evaluation/transition plan experience with a jurisdiction of comparable size

• PROWAG right-of-way assessment experience at comparable scale

• APS (Accessible Pedestrian Signal) evaluation experience, in-house or via subconsultant

• Ability to deliver assessment data in GIS-compatible or other structured, non-proprietary formats

• Experience producing deliverables used for capital budgeting or grant applications

• Familiarity with related disciplines (informational only) e.g., WCAG website accessibility audits, ADA transit compliance, or ADA HR policy/training. Vendors may optionally describe relevant capacity in these areas.

6. CONTRACT TERM AND RENEWAL:

The contract term will be one (1) year from date of award. The City reserves the right to renew the contract for three additional one (1) year periods based on satisfactory contractor performance under the terms and conditions of the original contract (except as stated below) and if agreeable to all parties. Automatic contract renewals are prohibited. Contract renewals must be authorized by and coordinated by the City’s Purchasing Agent.

Price increases may be negotiated only at the time of renewal. Written notice of the City’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

a. If the City elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

b. If during any subsequent renewal periods, the City elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

c. The contractor shall fill all purchase orders received prior to the effective date of the price adjustment at the old contract prices. The contractor is further advised that decreases which affect the cost of materials are required to be communicated immediately to the purchasing office.

7. PROPOSAL INSTRUCTIONS:

In order to be considered for selection, offerors must submit a complete response to this RFP.

Proposals should be as thorough and detailed as possible so that the City may evaluate the Offeror’s capabilities to provide the required services. Offerors are required to submit the following items as a complete proposal:

Firm and Team Qualifications

• Firm history, relevant licensure/certifications, and organizational structure for this engagement

• Identification of prime firm and any subconsultants, with a clear delineation of responsibility (e.g., which firm performs right-of-way/PROWAG assessment vs.

community engagement vs. facilities assessment, if split)

• Resumes for all key personnel, delineating project lead, the assigned CASp-certified staff member, project manager, and community engagement lead

Relevant Project Experience

• A minimum of three (3) reference projects completed within the last seven (7) years involving ADA self-evaluation and/or transition plan work for a public entity

• For each reference project: scope, size/scale (facility count, mileage, or comparable metric), deliverable format, project duration, and total cost

• At least one reference project must reflect right-of-way/PROWAG assessment experience

• At least one reference project must reflect public/stakeholder engagement with individuals with disabilities

• Client contact information for each reference

Cost Proposal State Corporation Commission Form: Required of all offerors pursuant to Title 13.1 or Title 50.

8. SUBMITTAL INSTRUCTIONS:

Sealed Proposals shall be received and time stamped online through the eVA website, no later than (Proposal Closing”). Offerors are responsible for ensuring its submission prior to Proposal Closing. The time a Proposal is received shall be determined by the time stamp on the Proposal receipt by the time clock on the eVA Sourcing and Contracting website. The City of Fairfax is not responsible for any technical difficulties which may result in the Offerors response not uploading in time, or any responses that are not properly uploaded. The City will not receive any proposals in person. Any paper submissions received will be not be considered and will be returned, unopened, to the offeror. Bids received after the Closing date/time shall not be considered.

9. PROPOSAL PREPARATION AND EVALUATION:

a. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the city requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or

“may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal.

e. Ownership of all data, materials, and documentation originated and prepared for the City pursuant to the RFP shall belong exclusively to the City and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The classification of an entire proposal document or prequalification application, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time the offeror refuses to withdraw an entire classification designation, the proposal will be rejected.

f. Based on the results of the preliminary evaluation, the highest rated offeror(s) may be invited by the Purchasing Agent to make oral presentations to the evaluation committee. This committee will then conduct a final evaluation of the proposals.

g. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposal, including price if so stated in the Request for Proposal. Negotiations shall then be conducted with each of the offerors so selected. After negotiations have been conducted with each offeror so selected, the City shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror.

h. The City may cancel this RFP at or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

i. The City reserves the right to (i) negotiate any and all elements of the RFP, (ii) require supplemental statements of information from any Respondent, (iii) extend the deadline for submission of Proposals, (iv) request additional information or clarification of information provided in any Proposal without changing the terms of the RFP, (v) award this project in whole or in part to a vendor other than the highest scoring vendor based on the determination of the best overall value and/or fit for the City. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposal, including price if so stated in the Request for Proposal. Should the City determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated with that offeror.

10. EVALUATION CRITERIA:

Evaluation Criterion Weighing

Factor 1 Experience and qualifications of personnel assigned to perform the services

2 Relevant project experience (references) 15 5 Technical approach (methodology, prioritization framework, proposed project plan/schedule)

6 Public outreach approach 10 2 Price / cost reasonableness 25

11. PURCHASE ORDER REQUIREMENT:

City purchases are authorized only if the city issues a Purchase Order in advance of the transaction, indicating that the city has sufficient funds to pay for the purchase. If the Contractor provides goods or services without a city purchase order, it does so at its own risk and expense.

The city is not liable for payment for any purchases made by its employees that are not authorized by the City Purchasing Agent.

12. 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.

13. DEBARMENT STATUS:

By participating in this procurement, the vendor certifies that they are not currently debarred by the City of Fairfax from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the City of Fairfax.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

14. ANTITRUST:

By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City of Fairfax 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 Fairfax under said contract.

15. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS:

Failure to submit a proposal on the official City form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be 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.

16. 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.

17. PRECEDENCE OF TERMS:

The following General Terms and Conditions VENUE, ANTI-DISCRIMINATION, OFFICIALS NOT TO BENEFIT, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY 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 (Appendix A) and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

18. 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.

19. 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 terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any 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 Agent may order changes within the general scope of the contract at any time by written notice to the contractor. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agent of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agent's written https://www.fairfaxva.gov/home/showpublisheddocument/22645/638452373501830000 decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agent decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agent a credit for any savings. Said compensation shall be determined by mutual agreement between the parties in writing.

20. TAXES:

Sales to the City of Fairfax are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes.

21. INSURANCE:

By signing and submitting a bid or 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 these insurance coverages 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 City 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 - $500,000.

2. 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 Fairfax shall be added as an additional insured to the policy by an endorsement.

22. ANNOUNCEMENT OF AWARD:

Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the eVA VBO (www.eva.virginia.gov) for a minimum of 10 days.

23. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH:

A contractor organized as a stock or nonstock 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 http://www.eva.state.va.us/ 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.

24. ADDENDA:

Offerors are reminded that changes to the solicitation, in the form of addenda, are often issued between the issue date and within five (5) days before the due date. All addenda shall be signed and submitted and must accompany the proposal.

Notice of addenda will be posted on eVA and the City’s current solicitation webpage. It is the offeror’s responsibility to monitor these sites for any changes.

25. PROPOSAL ACCEPTANCE PERIOD:

Any proposal submitted in response to this solicitation shall be valid for 180 days. At the end of the acceptance period, the proposal may be withdrawn at the written request of the offeror. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is cancelled.

26. METHOD OF ORDERING:

The City will place orders with a Purchase Order. The purchase order indicates that sufficient funds have been obligated as required by Title 15.2-1238 of the Code of Virginia. Performance under this contract is not to begin until receipt of the purchase order or other notification to proceed by the Purchasing Agent and/or City department.

27. PERIOD FOR PERFORMANCE OF PURCHASE ORDERS:

To be valid, a purchase order issued under this Contract must be issued during the term of the Contract. The period specified for performance of the purchase order may extend past the term of the Contract. If a notice terminating this Contract is issued, the notice shall be construed as applying only to the Contract and not to any existing purchase order, unless the notice expressly states the intent to terminate the purchase order.

28. DELAYS AND SUSPENSIONS:

The City may direct the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time deemed appropriate for the convenience of the City.

The City will extend the Contractor’s time of completion by a period of time that in the discretion of the Purchasing Agent is reasonably suited for completion of work. The City may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the Contractor.

29. COMPLIANCE WITH ALL LAWS:

Contractor shall comply with all federal, state, and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of scope of work set forth herein. Contractor represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this contract prior to the initiation of work. The Contractor further expressly represents that it is a corporation, partnership, or limited liability company that it is in good standing in the City of Fairfax and will remain in good standing throughout the term of this contract.

30. E-VERIFY PROGRAM:

Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with the City of Fairfax to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with the City of Fairfax for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

31. PRIME CONTRACTOR RESPONSIBILITIES:

The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention.

Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

32. INVOICES AND PAYMENT:

INVOICES: All invoices shall be rendered promptly to the City of Finance, Accounts Payable, 10455 Armstrong Street, Fairfax VA or accountspayable@fairfaxva.gov after all goods and/or services covered by the invoice have been provided. No invoice may include any cost other than those identified in the Order referencing the Contract. Contractor shall provide a duplicate invoice to the city project manager.

PAYMENT: Payment will be made within thirty (30) days after receipt of a valid invoice for all goods and/or services received and accepted.

33. COOPERATIVE CONTRACT:

Bidders are advised that the resultant contract may be extended with the authorization of the Contractor 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 of the resulting contract.

mailto:accountspayable@fairfaxva.gov