April 9, 2018 at 1:00 Pm REQUEST for UNSEALED PROPOSALS

CITY OF NEWPORT NEWS OFFICE OF PURCHASING th 2400 Washington Ave., 4 Floor, Newport News, VA 23607

REQUEST FOR UNSEALED PROPOSALS (URFP)

URFP #: 18-3261-3015 ISSUE DATE: March 28, 2018 TITLE: Consultant to Develop an Interpretive Plan for Endview Plantation BUYER: Mike White, [email protected]

ASSISTANT BUYER: [email protected]

REPLY NO LATER THAN: April 9, 2018 at 1:00 p.m.

Please mail your proposal to the Buyer listed above at the Office of Purchasing, 2400 Washington Ave., 4th Floor, Newport News, VA 23607. Call 757-926-8721 for additional information.

DEADLINE FOR QUESTIONS: April 2, 2018 at 1:00 p.m. Questions should be sent to: [email protected] with a copy to [email protected] .

1. There is NO Public Opening for this URFP. Award shall be made to the responsible Offeror whose submittal is determined to be the most advantageous to the City taking into consideration price and the evaluation factors set forth herein. 2. The City requires the goods or services identified in the Scope of Work. 3. Review the attached Terms and Conditions which apply to the purchase. 4. Return this Page as the Cover Page with your Unsealed Proposal.

If you are unable to provide a response, please respond accordingly by fax or email ( below): ___ We do not provide this product/service ___ No Bid ___ Other

Company Name: ______Street Address: ______City: ______State: ______Zip Code: ______Federal Tax Identification Number: ______Telephone No. ______Cell Phone: ______Email: ______Name/Title: ______Signed: ______State Your Earliest Delivery Date: ______Payment Terms: ______Indicate if a Small, Women Owned or Minority Owned Business (sWaM) Yes ______No______State the Warranty of the goods that are quoted (if applicable):______

Endview Plantation Interpretative Plan URFP 18-3261-3015

Table of Contents

Section A - References (submit with proposal) Section B – Small, Women-Owned, Minority and Service Disabled Veteran-Owned Business Requirements (submit with proposal) Section C – Proprietary Information (submit with proposal) Section D – Scope of Work Section E – Submission Requirements and Evaluation Section F – Contract Terms and Conditions Section G – Standard Terms and Conditions

Exhibits

Exhibit I - Insurance Requirements Exhibit II – Sample Agreement/Contract

Endview Plantation Interpretative Plan URFP 18-3261-3015

SECTION A REFERENCE PAGE MUST BE FOR EQUIVALENT SERVICES (Completed Form Shall Be Provided with the Unsealed Proposal)

COMPANY NAME: ______

REFERENCE 1 Name of Business, City, County or Agency:______Address:______Contact Person Name: ______Contact Person Phone: ______Contact Person Email Address:______Value of Contract: ______Description of Work: ______

REFERENCE 2 Name of Business, City, County or Agency:______Address:______Contact Person Name: ______Contact Person Phone: ______Contact Person Email Address:______Value of Contract: ______Description of Work: ______

REFERENCE 3 Name of Business, City, County or Agency:______Address:______Contact Person Name: ______Contact Person Phone: ______Contact Person Email Address:______Value of Contract: ______Description of Work: ______Endview Plantation Interpretative Plan URFP 18-3261-3015

SECTION B SMALL, WOMEN-OWNED, MINORITY, AND SERVICE DISABLED VETERAN-OWNED BUSINESS REQUIREMENTS Rev: 04/13/2017 (This form may be submitted with the unsealed proposal or be submitted prior to award).

BIDDER/OFFEROR NAME: ______

It is an important business objective of the City to promote the economic enhancement of small businesses (SBE), women-owned businesses (WBE), minority businesses (MBE), and service disabled veteran-owned small business (SDV), collectively known as SWAM. The success of the City to track the amount of business received by SWAM firms (whether as a prime contractor or a subcontractor) is dependent upon the business community partnering with us in this important endeavor.

BIDDER/OFFEROR'S RESPONSIBILITIES:

A. Affirmative Steps: Bidders/Offerors shall take affirmative steps prior to submission of bids/proposals to encourage participation in projects by SWAM firms. Such efforts may include:

(1) Establish and maintain a current solicitation list of small, women-owned, minority, and service disabled veteran recruitment sources, and assure SWAM firms are solicited once they are identified.

(2) When feasible, segmenting total work requirements to permit maximum SWAM participation, and establish delivery schedules to encourage SWAM participation.

(3) Assuring that SWAM firms are solicited whenever they are potential sources of goods or services. This step may include:

a. Sending letters or making other personal contact with SWAM firms, private agencies and state associations. SWAM firms should be contacted when other potential subcontractors are contacted, within reasonable time prior to bid submission or closing date for receipt of initial offers. Those letters or other contacts should communicate the following:

(i) Specific description of the work to be contracted;

(ii) How and where to obtain a copy of plans and specifications or other detailed information needed to prepare a detailed price quotation;

(iii) Date the information is due to the Bidder/Offeror;

(iv) Name, address, and phone number of the person in the Bidder/Offeror's firm whom the prospective SWAM subcontractor should contact for additional information.

b. Using the services and assistance of the Small Business Administration (SBA) and the Department of Small Business and Supplier Diversity of the Commonwealth of Virginia (DSBSD). 4

Endview Plantation Interpretative Plan URFP 18-3261-3015

B. Bidders/Offerors are required to respond to 1-4 below to be deemed responsive. This information may be submitted with their bid/proposal or prior to award.

If you are a SWAM firm please check one of the following boxes:

SBE WBE MBE SDV

1. In the spaces below, report the anticipated dollars that you intend to subcontract to each business type if a contract is awarded to your firm. (If you do not intend to sub-contract any work to others, even if you are a SWAM business enterprise, put zeros in the spaces below).

Total dollars to be sub-contracted: Company Name:

Total SBE Dollars $______Total WBE Dollars $______Total MBE Dollars $______Total SDV Dollars $______2. Provide as an attachment, description of contacts to SWAM firms, including number of contacts, work offered, dates of contact and result of contact. If none, so state: ______

______

3. Provide as an attachment, copies of advertisements for employment showing your firm as advertised to be an Equal Opportunity Employer. (This is a requirement for firms who have received prior governmental contracts valued at $10,000 or more and have advertised subsequently to that date) if none, so state: ______

4. If you are not a SWAM business enterprise and you do not plan to utilize such firms in this contract, state your reasons:______

For your convenience a link to the City’s SWAM Directory is provided below. Download SWAM Directory of Firms Located in Newport News. https://www.nnva.gov/689/Small-Woman-Minority-Program-SWAM

Offerors and potential subcontractors are encouraged to communicate and collaborate using the B2B Connect through the B2B Connect tab on the solicitation webpage on eVA. This a tool to aid in establishing prime and subcontractor relationships.

[Source: Commonwealth of Virginia Department of Small Business and Supplier Diversity].

Endview Plantation Interpretative Plan URFP 18-3261-3015

SECTION C PROPRIETARY INFORMATION (Completed Form Shall be Submitted with the Unsealed Proposal)

OFFEROR NAME ______

Trade Secrets or Proprietary information submitted by an Offeror or Contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror or Contractor must invoke the protections of this section prior to or upon submission of data or other materials to be protected and state the reasons why protection is necessary. Price quotations in proposals submitted to the City are not “proprietary” or “confidential”. They are considered public information. Information leading to the decision to award, including prices and other factors, shall be made public (section 2-557.2 of City Code).

Please mark one:

( ) No, the unsealed proposal does not contain any trade secrets and/or proprietary information.

( ) Yes, the unsealed proposal does contain trade secrets and/or proprietary information.

If YES, please list the page numbers and the reasons why the information is considered a trade secret or proprietary information. These pages shall be conspicuously labeled “PROPRIETARY INFORMATION” in red ink at the top and bottom center of each page. Do Not Mark the Whole Unsealed Proposal Proprietary. Offerors are encouraged to provide a single redacted electronic copy of the proposal (i.e. CD or Thumb Drive) with the Original paper proposal if proprietary information in contained in the proposal.

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SECTION D SCOPE OF WORK

PURPOSE: The purpose of this Unsealed Request for Proposals (URFP) is to solicit proposals to provide consultant services for creating an Interpretive Plan for Endview Plantation historic site. The objective of the Interpretive Plan is to establish a meaningful and engaging experience for visitors to the site. As part of the creation of the plan, the consultant will work with Endview staff to achieve the following objectives:

1. Compile a listing of primary and secondary sources (documents, published works and images) utilized in the creation of the Interpretive Plan.

2. Identify target and potential audiences to the site.

3. Create evaluation material to understand what current and potential visitors want to learn and experience at the site.

4. Identify potential outcomes (based on visitor evaluations and staff discussions at workshops moderated by the Interpretive Planner) and interpretive strategies as well as themes for inclusion in the Interpretive Plan.

5. Work with planning committee and contract exhibit designer to develop a new 200 to 400 square foot permanent orientation exhibition based on identified themes, namely editing the exhibition script and recommending interactive components to be included in the exhibit.

6. Work with staff to create new themes and a revised script for the historic house museum tour. Recommend interactive components as well as delivery methods for the tour.

7. Create evaluation material focused on the new outcomes to gauge whether target audiences find the new interpretive strategies relevant and meaningful.

BACKGROUND: Located in the northern section of the City of Newport News, Endview Plantation, listed on the Virginia Landmarks Register as well as the National Register of Historic Places has a rich history that intertwines with the history of the region. The current plantation house on the property was completed in 1769 for William Harwood. Harwood would later provide livestock and grain for the Continental Army and the Virginia Militia during the 1781 Siege of Yorktown. Governor Thomas Nelson, Jr. and the Virginia Militia marched past Endview on September 28, 1781 to their position on the right Allied flank before Yorktown. William Harwood’s brother-in-law Thomas Wynne’s nearby Essex Lodge was the headquarters for General George Washington. After the conclusion of the American Revolution the Harwood and Wynne families sought restitution for the livestock, grain, fodder, and other items requisitioned by the American forces.

Endview’s connection with the nation’s military history continues during the nineteenth century. During the War of 1812, several members of the Harwood family served in the 115th Virginia Militia and fought in the June 1813 Battle of Hampton.

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Endview’s Civil War history begins when the plantation’s owner Dr. Humphrey Harwood Curtis raises an infantry company named the Warwick Beauregards in May 1861. The Warwick Beauregards would later become Company H, 32nd Virginia Volunteer Infantry Regiment. During the Peninsula Campaign, specifically the Siege of Yorktown, Endview was headquarters for two Confederate generals, Lafayette McLaws and Robert Toombs. McLaws’ brigade manned defenses at Lee’s Mill on April 5, 1862, halting the Union advance. Toombs’ brigade participated in the April 16, 1862 Battle of Dam Number 1. The Fort Crafford telegraph line extended through Endview’s property on its way to Yorktown.

Between 1862 and 1864 Endview was occupied by Union forces for several periods of time, including by the 1st New York Mounted Rifles and the 5th Pennsylvania Cavalry. In February 1864, the Federal government, namely the Freedman’s Bureau seized Endview, re-locating seven African-American families there to farm. Dr. Curtis and his family after spending three years in Danville, Virginia, regained possession of Endview from the Federal government on November 7, 1865 after signing an oath of allegiance to the Union. Dr. Curtis would resume his medical practice and the farming of his acreage until his death in 1881. His wife Maria continued to manage the farm with their eldest son Simon Curtis’s assistance until her death in 1919. Curtis family descendants retained Endview until 1985.

Since its formation as an historic site in 2000 operating as a division of the City of Newport News Parks, Recreation and Tourism department, Endview has hosted a variety of public programs on site in addition to guided tours of the historic house museum offered year-round. Annual Civil War reenactments, including those focused on the Siege of Yorktown, draw visitors from all over the country who learn about Civil War history by witnessing battles and interacting with reenactors in their camps. The 2017 reenactment drew a record 1,400 reenactors from all over the country.

Endview offers a variety of school programs for students from pre-school age to college age. More specifically, staff has developed a Civil War lesson curriculum that correlates to Virginia’s Standards of Learning for fourth graders. Recently staff has expanded its educational offerings by conducting outreach programs in the Newport News Public Schools for the system’s after-school program. In 2016, Endview partnered with Newport News Public Schools by taking part in a Science, Technology, Engineering, and Math competition where teams of fourth graders developed a modern design for transportable bridges based off of Civil War era pontoon bridge designs.

In 2014, Endview Plantation entered into a partnership with the Peninsula Master Naturalists, whose members embarked on restoring a quarter mile trail on the property. Native and non-native trees and plants have been identified on the trail and described in an accompanying brochure. Natural features and habitats are also pointed out along the trail. Last summer, the Master Naturalists planted a medicinal garden on the grounds utilizing native and domesticated species of plants that have been identified in nineteenth century medical manuals as beneficial for healing. The nature trail and medicinal garden have added a new interpretive layer to the property, affording new opportunities to present Endview’s history and natural resources both on the grounds and in the historic house museum.

The current orientation exhibition and historic house tour have changed little since the site opened to the public in 2000. Since the beginning of the millennium, interpretation techniques of historic house museums have shifted to become more inclusive of today’s audiences multi-sensory learning styles and hands-on learning approaches. Surveys have shown that visitors to historic house museums prefer to be interacted with in conversational tones, rather than led through the house by a tour guide reciting a script. In order to satisfy audiences learning needs, new interpretation formats need to be developed for Endview in order for the site

Endview Plantation Interpretative Plan URFP 18-3261-3015

and its history to remain relevant for modern audiences. As a second component of this project, the current static orientation exhibition will be replaced with a new multi-themed exhibition, incorporating both Endview’s history and natural resource features.

In 2019, Endview’s 1769 historic house will celebrate its 250th anniversary. While events and programs are currently being planned to mark this milestone, it is expected that the interpretive planning that is part of this project will be well underway in time for the house to mark its 251st anniversary with both a 21st century Interpretive Plan as well as a new orientation exhibition. The new Plan and exhibition are expected to satisfy the interpretive needs of the site for at least a decade.

The Interpretive Plan created in response to this proposal as well as the new permanent exhibition will illustrate to visitors how one property owned by generations of the same family, witnessed monumental events in the country’s history. In addition to outlining the remarkable relationship between Endview and two of the country’s major conflicts, the Revolutionary and Civil Wars, components of the exhibition based on themes established in the interpretive plan will shed light on the lives of the Harwood and Curtis family members.

SCOPE OF WORK: The consultant(s) will develop a comprehensive Interpretive Plan that will address the goals, objectives, and strategies of Endview’s interpretive programs, namely their-writing and re-development of Endview’s historic house museum tour and the identifying of related themes to be incorporated in a new permanent exhibition. The Plan will identify current and potential audiences, create methods for evaluating audiences (both during and after the project period), and address types of interactives and other interpretive media that can most effectively convey the historic site’s history to visitors in mediums that are relevant to visitors.

The timeline for this project is no more than twenty (20) months from the consultant hire date.

A. Organizing and Facilitating Planning Process

A-1 Facilitating Orientation and Outcomes Workshops The consultant(s) should moderate no less than two workshops for a 5 to 7 member planning team (recruited by museum staff).

Goals of the initial workshop are: • Review the concept of interpretive planning and ensure team members are familiar and understand the process. • Introduce the concept and steps of outcome development and themes (what visitors should know, feel, and do as a result of an interpretive experience, what key facts should visitors come away with). • Begin discussion with team on identifying outcomes and themes for the historic site.

Goals of the subsequent workshop(s) are: • Continue discussion with team on identifying outcomes and themes specific to Endview. Include in discussion crucial components of the interpretive plan –what is the site about, who is the interpretation for, how will site communicate themes?

Endview Plantation Interpretative Plan URFP 18-3261-3015

• Assist team with fine-tuning and finalizing outcomes and themes after evaluation and research periods to pinpoint final themes for the historic house tour and the permanent exhibition.

A-2 Monitoring and Guiding Research The consultant(s) will monitor the staff’s progress on compiling past research on the history of the site and conducting current research related to potential themes. Based on recent research and any new discoveries, the consultant(s) will advise the planning team if outcomes and themes need to be revised once new research is taken into consideration.

B. Audience Evaluation and Research

B-1 Facilitate Identification of Current, Potential, and Target Audiences The consultant(s) will work with members of the planning team to ensure current, potential, and target audiences are identified and stakeholders are effectively represented when developing themes and outcomes. Additionally, the consultant(s) must have a familiarity with other museums and attractions in the area and address how the impact and interpretation parameters of neighboring cultural and recreational assets affect Endview’s audience reach and interpretation potential.

B-2 Design Survey for Front-End Evaluation, Analyze Data. The consultant(s) will design at least one survey for evaluation of current visitors. The consultant will train staff on how to conduct the survey(s). After the initial survey period has ended, the consultant(s) will analyze survey data and recommend any modifications to themes and outcomes based on the data.

B-3 Design and Execute Methods to Share Potential Outcomes and Themes with Target Audiences The consultant(s) will facilitate sharing draft outcomes and themes with target audiences. Method(s) could include focus groups, online surveys, telephone surveys, or other evaluation tools. The consultant will analyze survey data and report back to the planning team any inconsistences or recommendations for altering draft themes and outcomes for maximum audience impact.

B-4 Recommend Future Methods and Frequency of Evaluation In the final Interpretation Plan, the consultant(s) will recommend the frequency and methods of future audience evaluations, providing templates as resources.

C. Visitor Experience Input

Endview Plantation Interpretative Plan URFP 18-3261-3015

C-1 Review and Assist with Creating Outline and Themes for New 200 – 400 Square Foot Permanent Exhibition It is expected that six to eight months after the planning process begins an exhibition designer will be hired to design a new permanent exhibition for Endview. The consultant(s) will be instrumental in working with the planning team and exhibition designer to identify themes and storylines of the exhibition (based on outcomes and themes developed by the planning team). The consultant(s) will also assist with editing the exhibit script.

C-2 Recommend and Edit New Historic House Tour Script Components The planning team’s final outcomes and themes will be instrumental in developing a new tour of the historic house museum. The consultant(s) will offer tour component recommendations and edit tour script(s).

C-3 Recommend Interactive Components The consultant(s) will work with the planning team and exhibit designer to design interactive components for the new permanent exhibition. Interactives must align with themes and outcomes and be relevant to current, potential and target audiences.

As part of the Interpretive Plan, the consultant(s) will include recommendations for interactive components to add to the historic house tour. The components must align with the tour script and be relevant to current, potential and target audiences.

C-4 Suggest Potential Phase II Interpretive Improvements The consultant(s) will engage in conversation with the planning team about potential Phase II interpretation projects namely programs for various ages as well as interpretive improvements and additions for the entire site. Recommendations should be incorporated into the Interpretive Plan.

D. Deliverables

D-1 Survey for Front-End evaluation for current visitors See B-2 D-2 Surveys and/or other evaluation tools for target audiences specifically to measure effectiveness of draft outcomes and themes See B-3 D-3 Provide resources and templates for future audience evaluations See B-4 D-4 Write final Interpretive Plan to include: • Identification of current, potential, and target audiences and methods of evaluation (prior, current, and future). • Identification of and discussion of interpretive parameters and impact surrounding museums have on the site • Final list of outcomes and themes as developed by the Planning Committee 11

Endview Plantation Interpretative Plan URFP 18-3261-3015

• Exhibit Outline (including interactives) –developed with the Planning Committee and Exhibit Designer • Historic House tour outline –developed with the Planning Committee • Recommendations for Interactives for House Tour –developed with Planning Committee • Recommendations for Phase II Interpretation including: School and Adult Programs Whole-Site Interpretation Improvements

Endview Plantation Interpretative Plan URFP 18-3261-3015

SECTION E SUBMISSION REQUIREMENTS AND EVALUATION

1. SUBMISSION Submit one original paper version and two paper copies and one electronic version on CD or USB/”Thumb Drive” ( a USB/”Thumb Drive” is preferred) of the submittal by the due date and time specified on the cover page.

All submittals (including all documents, schedules, reports, plans and other attachments) will not be returned. Electronic versions shall be exact duplicates of the paper version. In case of a conflict between the original paper version and the electronic version, the original paper version shall prevail.

2. TECHNICAL SUBMITTAL FORMAT To facilitate the analysis of submittals, Offerors are encouraged to prepare the submittal according to the instructions and in the order presented in this section. Submittals should be prepared as simply as possible with straightforward, concise descriptions to demonstrate an understanding of the project and services required by the City. Submittals that provide innovative alternatives and creative approaches are encouraged. Any other information thought to be relevant, but not applicable to the categories below, may be provided as an appendix to the proposal.

The submittal should be organized with tabs in the following order and minimally contain the following information: • URFP Cover Page. • A profile which includes company/firm history, ownership, products or services offered, qualifications, financial status, etc. • A description of the Offeror’s understanding of the requirements contained in the Scope of Work. • The approach to be used, in detail, to meet the requirements identified in the Scope of Work. • Key personnel, including experience history, who will be assigned to work on the project/provide services. Identify all subcontractors/sub-consultants who will work on the project/provide services and define their roles. • Successes on projects similar in size and scope. • The timeframe for project completion. • References (using reference form)

3. PRICE SUBMITTAL- Submit breakdown of costs for each deliverable, including pricing for any proposed optional services if applicable and travel expenses where necessary.

4. EVALUATION CRITERIA: Each proposal will be evaluated according to the following criteria. The criteria are listed in order of importance: • The demonstrated understanding and approach to provide the services identified herein. • Successful experience and capabilities of the firm providing similar services. • Experience and demonstrated knowledge of key personnel. • Price. • Timeframe for completion of the project. • Completeness of Submittal.

Endview Plantation Interpretative Plan URFP 18-3261-3015

5. EVALUATION OF SUBMITTAL:

Submittals will be evaluated according to the established evaluation criteria. The City may initiate discussions/interviews with the selected Offerors. The City will conduct negotiations with each of the selected Offerors and may obtain best and final offers.

Submittals determined to be responsive to the requirements and from responsible Offerors will be evaluated for award.

Should the City determine that only one Offeror is fully qualified or that one Offeror is clearly more highly qualified than others, a contract may be negotiated and subsequently awarded to that Offeror if the City finds, in its sole discretion that such a selection is in the best interest of the City.

Endview Plantation Interpretative Plan URFP 18-3261-3015

SECTION F CONTRACT TERMS AND CONDITIONS 4/14/17

1. QUESTIONS: Questions regarding this URFP must be received prior to the date and time posted on the cover page.

2. CONTRACTOR QUALIFICATIONS: Firms shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the Contract.

3. METHOD OF AWARD: The City will make a single award to the responsible Offeror who has made the best offer and determined to be most advantageous to the City.

4. CONTRACT/AGREEMENT: Issuance of a Purchase Order shall constitute the contract.

5. CONTRACT MODIFICATIONS: Any modifications made to the contract must be approved by the Office of Purchasing in advance.

6. METHOD OF ORDERING: Receipt of a Purchase Order constitutes the authorization to provide the goods or services specified on the order.

NOTE: The city operates on a fiscal year basis from July 1 through June 30 of each year. Should Blanket Purchase Orders be issued, they are valid through the end of the current fiscal year. New purchase order(s) are issued at the beginning of each fiscal year to cover the remainder of the then current contract period.

7. INVOICING: The purchase order number shall be included on each invoice and packing slip. Failure to include this information will delay payment. Invoices shall be sent to: Department of Finance, Accounts Payable, 2400 Washington Avenue, 6th Floor, City Hall, Newport News, VA 23607.

8. PAYMENT: Payment will be authorized following receipt of a valid invoice (including Purchase Order Number, Line Item Number(s), Description of Goods and Services, Unit Prices, Total Price) and delivery of goods or completion of services according to specifications and subject to inspections.

9. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the City of Newport News, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract, the Contractor shall be required to furnish proof of said insurance prior to commencement of services. A Certificate of Insurance, which names the City as additional insured shall be provided.

10. SCHEDULING AND DELAYS: The parties to a contract resulting from this RFP acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the City. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The City shall not be required to pay any of the Contractor’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the City. If the City delays the project for any reason for a continuous period of ninety (90) days or more, the City and Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount. 15

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SECTION G STANDARD TERMS AND CONDITIONS 11/2/17

1. SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the City of Newport News Office of Purchasing, including other City departments or the City’s consultants, regarding this Request for Unsealed Proposals (URFP) is expressly forbidden except with the permission of the Contract Officer. Violation of this directive may result in a determination that the Offeror is ineligible for award.

b. All responses must be signed by an officer or employee having the authority to sign on behalf of the firm.

c. Prices, when requested, shall be stated in units of quantity specified. No additional charges shall be passed on to the City, including sales tax, delivery charges or other surcharges. All deliveries shall be F.O.B. Destination.

d. The Terms and Conditions in this URFP shall supersede any terms and conditions offered. Any additional conditions an Offeror intends to be considered must be submitted as part of the submittal. Such exceptions may result in the submittal being determined non-responsive.

e. A submittal by the Offeror is not to be construed as an award or an order to ship.

f. A submittal by the Offeror certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with that entity. If a debarment or suspension exists, supporting information shall be provided with the response. Suspension or debarment may disqualify the Offeror from award of a contract.

2. ADDENDA: Changes or supplemental instructions related to this URFP will be in the form of written Addenda. All Addenda will be provided to each firm.

3. AWARD:

a. Award shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in this Request for Proposals. No other factors or criteria shall be used in the evaluation.

b. A notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov ). A direct link to City of Newport News solicitations and related awards on eVA is located at www.nnva.gov/691 or from the Office of Purchasing webpage (www.nnva.gov/purchasing) by selecting Solicitations from the left side bar.

c. An Offeror may protest the award or decision to award by submitting such protest in writing to the Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. The written protest shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in writing within ten (10) business days stating the reasons for the action taken. This decision shall be final unless the Offeror appeals within ten (10) days of the written decision by invoking the administrative procedures established by the Purchasing Agent.

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d. The Administrative Appeals Procedure is posted on the Office of Purchasing website https://www.nnva.gov/707/Vendor-Resources . This procedure shall be used for hearing protests of a decision to award or an award, appeals from refusal to allow withdrawal of bids, appeals from disqualification, appeals for debarment or suspension, or determinations of non-responsibility and appeals from decision or disputes arising during the performance of a contract.

4. NOTICES AND COMMUNICATIONS: Notices and communications related to the contract resulting from this URFP shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means (email). All notices related to contract award, modifications, renewals, and terminations will be handled through the Office of Purchasing. The Office of Purchasing primarily utilizes email for notices and communications including but not limited to delivery of Purchase Orders, contract renewals and contract amendments.

5. AVAILABILITY OF FUNDS: A contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The City’s extended obligations on contracts that include funding through successive fiscal periods shall be contingent upon actual appropriations for the successive periods (additional years).

6. COOPERATIVE PURCHASE: If authorized by the Offeror, the contract resulting from this URFP may be extended to other public bodies, public agencies or institutions within the United States to purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s) directly with the Contractor(s). The City of Newport News is not a party to such contracts and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions. It is the Offeror’s responsibility to notify the jurisdictions of the availability of contract(s).

7. AUTHORIZATION TO TRANSACT BUSINESS IN VIRGINIA

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 or as otherwise required by law.

Any business entity that enters into a contract with a public body shall not allow its existence to lapse or its Certificate of Authority or Registration to Transact Business in the Commonwealth, if so required under Title 13.1 or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The City may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

8. FAITH BASED ORGANIZATIONS: The City of Newport News does not discriminate against faith based organizations.

9. NON-DISCRIMINATION: (for contracts of $10,000 or more) During the performance of this contract, the Contractor agrees as follows:

a. It will not discriminate against any employees or applicants for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by federal or state law relating to discrimination in employment, except where one or more of these are a bona fide occupational qualification reasonably necessary to the normal operations 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 non-discrimination clause.

Endview Plantation Interpretative Plan URFP 18-3261-3015

b. The Contractor will be and state that he is an equal opportunity employer in all solicitations or advertisements for employees.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. The Contractor will include the provisions of the foregoing paragraphs (a), (b) and (c) in every subcontract or Purchase Order of over ten thousand dollars ($10,000) so that the provisions will be binding upon each subcontractor or vendor.

10. DRUG FREE WORKPLACE: (for contracts of $10,000 or more) 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 prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this subsection, “A drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this subsection, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

11. PAYMENT TERMS:

a. Payment terms shall be “Net 30 Days" unless otherwise stated by the Offeror as part of the submittal. Alternate terms may be offered for prompt payment of bills.

b. The payment terms stated herein must appear on the Contractor’s invoice. Failure to comply with this requirement may result in the invoice being returned to the Contractor for correction.

c. Late payment charges shall not exceed the allowable rate specified by the Commonwealth of Virginia Prompt Payment Act. (1% per month).

d. If offered, a payment discount period shall be computed from the date of proper receipt of a valid invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.

12. HOLD HARMLESS AND INDEMNIFICATION: The Contractor shall defend, indemnify and hold the City, and City’s employees, agents, and volunteers, harmless, from and against any and all damage claim, liability, cost, or expense (including, without limitation, reasonable attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the Contractor, its employees, agents, and volunteers, or incurred by or claimed against the City, City’s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the Contractor. This indemnification and hold harmless includes, but 19

Endview Plantation Interpretative Plan URFP 18-3261-3015

is not limited to, any financial or other loss, any adverse regulatory, agency or administrative sanctions or civil penalties incurred by the City due to the negligent, fraudulent or criminal acts of the Contractor or any of the Contractor’s officers, shareholders, employees, agents, contractors, subcontractors, or any other person or entity acting on behalf of the Contractor. Unless otherwise provided by law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor under worker’s compensation acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof.

The Contractor agrees to defend and save the City, its agents, officials, volunteers and employees, harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented or unpatented invention, goods and/or services or appliances furnished or used in the performance of the contract, or which the Contractor is not the patentee, assignee, or licensee, to the same extent as provided in the above paragraph.

13. LAWS AND REGULATIONS: The Contractor shall keep fully informed of all federal, state and local laws, ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations.

14. GOVERNING LAW AND VENUE: This solicitation and any resulting contract are subject to the laws of the Commonwealth of Virginia and the Newport News City Code. Any litigation with respect thereto shall be brought in the courts of the City of Newport News, Virginia, or the United States District Court for the Eastern District of Virginia, Newport News Division.

15. RIGHTS UNDER ANTITRUST LAWS: The Offeror assigns to the City any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to the submittal. This provision is remedial in nature and is to be liberally construed by any court in favor of the City.

16. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Offeror certifies that he/she does not and shall not during the performance of the contract for goods and services in the Commonwealth of Virginia, knowingly employ unauthorized aliens as defined in the Federal Immigration Reform and Control Act of 1986, as amended.

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

18. DEFAULT: In event of default by the Contractor, the City reserves the right to procure the goods and/or services and/or services from other sources, and hold the Contractor liable for any excess cost occasioned thereby.

19. TERMINATION FOR CONVENIENCE:

The City may terminate a contract when funds are not appropriated for the specified goods or services or when it is determined to be in the City’s best interest without providing specific cause.

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If the contract is an extended term contract, after completion of the first contract period, either party may terminate the contract without penalty or financial obligation, except that the parties remain liable for performance of all terms, conditions, and obligations through the date of termination.

Written notice of termination shall be given to the other party a minimum of sixty (60) days prior to its effective date.

20. TERMINATION FOR CAUSE:

In the event that the Contractor shall for any reason or through any cause be in default of the terms, conditions, or obligations of the contract documents, the City may give the Contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of the contract documents are considered material.

The City may, in its discretion, provide the Contractor an opportunity to cure the default, if curable, prior to termination. Unless a different duration is provided in the notice of default, or agreed upon by the parties in writing, the Contractor shall have fourteen (14) calendar days to cure the default from the date such notice is mailed to the Contractor unless notification is by facsimile or personal delivery, in which case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the Contractor to cure the default, the City may immediately terminate the contract effective as of the mailing or delivery of the default notice. If the City terminates the contract, the Contractor shall remain liable for performance of all terms, conditions, and obligations through the date of termination. Termination by the City shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.

In addition, failure of the Contractor to perform the obligations of the contract may result in debarment of the Contractor for a period of up to three years. Termination and/or debarment of the Contractor shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.

21. RIGHTS AND REMEDIES NOT WAIVED: In no event shall a payment by the City to the Contractor, or the waiver by the City of any provision under the contract including any obligation of the Contractor, constitute or be construed as a waiver by the City of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the Contractor, and the making of any such payment by the City while any such breach or default exists shall not impair or prejudice any rights or remedies available to the City.

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

23. INDEPENDENT CONTRACTOR: The Contractor and any employees, agents, or other persons or entities acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or agents of the City.

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24. CONFLICT: In the event of a conflict between the contract documents, including these terms and conditions and the terms of a purchase order or related document issued by the Office of Purchasing, the contract documents shall control.

25. NON-EXCLUSIVE CONTRACT: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with Contractor. The contract shall not restrict the City from acquiring similar, equal or like goods and/or services from other sources.

26. RECORDS AND INSPECTION: The Contractor shall maintain full and accurate records with respect to all matters covered under this contract, including, without limitation, accounting records, written policies and procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related to this contract. The Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the City and its employees, agents or authorized representatives after giving at least three (3) days notice to the Contractor by the City. The City shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the City to the Contractor pursuant to this contract or any renewal or extension of this contract. The City’s employees, agents or authorized representatives shall have access to the Contractor’s facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits.

27. ENTIRE AGREEMENT: The contract resulting from this URFP and any additional or supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be modified, altered, changed or amended unless in writing and signed by the parties hereto.

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EXHIBIT I INSURANCE REQUIREMENTS (rev. 9/29/14) READ THE INSURANCE REQUIREMENTS CAREFULLY TO ENSURE A COMPLETE UNDERSTANDING PRIOR TO SUBMITTING A PROPOSAL

Insurance: The Offeror shall maintain adequate liability insurance, which shall protect and save harmless the City of Newport News, Virginia, its officials, employees, and volunteers from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and shall include products and completed operations coverage.

The Commonwealth of Virginia requires construction contractors and subcontractors to obtain and maintain workers’ compensation insurance while performing work on behalf of the City. Evidence of coverage needs to be provided prior to commencement of work by Offerors. Coverage is compulsory for employers of 3 or more employees, to include the employer.

Prior to commencement of services, the Offeror shall furnish the City with the following separate endorsements, and a certificate of insurance showing all required insurance coverage with companies authorized or licensed to do business in Virginia. A separate endorsement to the general liability policy shall be provided in which the City is designated as an “Additional Insured.” In addition, a separate endorsement to the workers’ compensation policy shall be provided in which the City is designated as an “Alternate Employer.”

Sample forms CG 20 10 (designating the City as Additional Insured for liability claims) and WC 00 03 01(2005 ed.) (designating the City as an Alternate Employer for workers’ compensation claims, pursuant to Section 65.2-302(A) of the Code of Virginia, 1950, as amended); and the Commonwealth's form for Worker's Compensation Certificate of Coverage are attached.

Professional services (work performed by an independent contractor, within the scope of the practice of accounting, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy, or professional engineering) shall require a certificate of insurance showing professional liability/errors and omissions coverage insurance with companies authorized or licensed to do business in Virginia, prior to the commencement of services. Certain other service providers shall meet the same requirements (including but not limited to asbestos design/inspection/or abatement contractors, and other health care practitioners).

The Offeror shall have ten (10) days from notice of intent to award to provide insurance documentation. Failure to provide the Certificate and forms within this period may be cause for the City to award a contract to the next responsive Offeror, and hold the original contractor liable for excess costs. All insurers providing the above coverage shall give the City thirty (30) days advance written notice in the event of any non-renewal or cancellation of such insurance (10 days notice for non-payment of premium). As confirmation thereof, the City must be furnished either a policy endorsement specifically providing for such notice (copies of three sample endorsements attached), or a copy of the policy language that gives the City such assurance, or a statement on the insurance agent’s, broker’s, or insurer’s letterhead that the City shall be given such notice. TYPE INSURANCE COVERAGE LIMITS 1. Workers’ Compensation Statutory Employer’s Liability Bodily Injury by Accident $100,000.00 each accident Bodily Injury by Disease $100,000.00 each employee Bodily Injury by Disease $100,000.00 policy limit 2. Commercial General Liability $1,000,000.00 each occurrence $2,000,000.00 aggregate 3. Automobile Liability $1,000,000.00 each occurrence (Owned, hired, leased, and borrowed Vehicles) 4. Professional Liability/E&O (if applicable) $2,000,000.00 each claim/occurrence $2,000,000.00 aggregate 5. Environmental/Pollution Legal Insurance $2,000,000.00 each occurrence (if applicable) $2,000,000.00 aggregate 23

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EXHIBIT I

Rev. 05-06-11

POLICY NUMBER:______COMMERCIAL GENERAL LIABILITY CG 20 10 10 93

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS (FORM B)

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name of Person or Organizations:

City of Newport News Office of Purchasing 2400 Washington Ave Newport News, VA 23607

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement).

WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for this insured.

CG 20 10 10 93

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EXHIBIT I Endorsement Alternate Employer

WC 00 03 01 Policy Amendment

If the following information is not complete, refer to the appropriate information page attached to the policy.

INSURED POLICY NO. SEQ. NO.

PRODUCER EFFECTIVE DATE

SCHEDULE Alternate Employer Address State of Special or Temporary Employment

City of Newport News c/o The Office of Purchasing 2400 Washington Avenue Newport News, Virginia Virginia

This endorsement applies only with respect to bodily injury to your employees while in the course of special or temporary employment by the alternate employer in the state named in the Schedule. Part One (Workers Compensation Insurance) and Part Two (Employers Liability Insurance) will apply as though the alternate employer is insured.

Under Part One (Workers Compensation Insurance), we will reimburse the alternate employer for the benefits required by the workers compensation law if we are not permitted to pay the benefits directly to the person entitled to them.

The insurance afforded by this endorsement is not intended to satisfy the alternate employers duty to secure its obligations under the workers compensation law. We will not file evidence of this insurance on behalf of the alternate employer with any government agency.

We will not ask any other insurer of the alternate employer to share with us a loss covered by this endorsement.

Premiums will be charged for your employees while in the course of special or temporary employment by the alternate employer.

Part Four (Your Duties If Injury Occurs) applies to you and the alternate employer. The alternate employer will recognize our right to defend under Parts One and Two and our right to inspect under Part Six.

Rev: 03/22/05

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EXHIBIT I WORKER’S COMPENSATION

CERTIFICATE OF COVERAGE

Section 11-46.3, Code of Virginia, requires construction contractors and subcontractors to obtain and maintain workers' compensation insurance while performing work on behalf of the Commonwealth of Virginia departments, institutions or agencies. This same requirement applies for work being performed on behalf of local governments.

Evidence of coverage needs to be provided prior to commencement of work.

This form is to be returned to the organization contracting the work.

The undersigned organization stipulates that it either:

A. Has worker's compensation insurance _____ Yes

Insurance Company: ______

Policy Expiration Date: ______

B. Is self-insured for workers' compensation _____ Yes

Title of Construction Contract:

Contract Number:

Signed By:

Title:

Firm Name:

Address:

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EXHIBIT I NOTICE ENDORSEMENT Policy Number: IL 60 05 VA 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MATERIAL COVERAGE CHANGE OR CANCELLATION NOTIFICATION – CERTIFIED MAIL

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART LIQUOR LIABILTY COVERAGE PART OWNERS AND CONTRACTOR PROTECTIVE LIABILITY PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART

SCHEDULE Name of additional Insured Person(s) Or Organization(s) and mailing address: Location And Description Of Project

City of Newport News c/o Office of Purchasing 2400 Washington Avenue Newport News, VA 23607

We will not cancel or reduce coverage under this policy without providing at least 30 days notice of our intent to do so. Notice of such cancellation or reduction of coverage will be provided by certified mail, return receipt requested, to the Additional insured in the schedule above.

IL 60 05 VA 01 10 Page 1 of 1

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EXHIBIT I

(SAMPLE) NOTICE ENDORSEMENT Policy Number: WC 99 00 10 01 10A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MATERIAL COVERAGE CHANGE OR CANCELLATION NOTIFICATION – CERTIFIED MAIL

This endorsement modifies insurance provided under the following: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

SCHEDULE Name of additional Insured Person(s) Or Organization(s) and mailing address: Location And Description Of Project

City of Newport News c/o Office of Purchasing 2400 Washington Avenue Newport News, VA 23607

WC 99 00 10 01 10A Page 1 of 1

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EXHIBIT I

NOTICE ENDORSEMENT Policy Number: COMMERCIAL AUTO CA 02 03 12 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRGINIA CANCELLATION AND NONRENEWAL NOTICE TO DESIGNATED PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM

SCHEDULE 1. Name: City of Newport News c/o Office of Purchasing 2. Address: 2400 Washington Avenue Newport News, VA 23607

3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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City of Newport News Office of the City Attorney 2400 Washington Avenue • Newport News, Virginia 23607 Phone (757) 926-8416 • Fax (757) 926-8549

City of \ City Attorney COLLINS L. OWENS, JR. Deputy City Attorneys Assistant City Attorneys DARLENE P. BRADBERRY ADONICA BAINE JOSEPH M. DURANT PAMELA P. BATES LYNN A. SPRATLEY SHANNON M. MANNING PATRICK C. MURPHREY ROBERT E. PEALO CHRISTOPHER M. MIDGLEY July 1, 2015

To Whom It May Concern:

Re: Notice of cancellation requirements for insurance coverage

Dear Sir or Madam:

In the wake of revisions to the ACORD form, I have been receiving documentation from insurers that indicates that, since a statement regarding notice of cancellation is no longer included on the form, that the company cannot give any such assurance in the future. Some companies have indicated that they intend to strictly rely on the disclaimers in the form.

Please note that the City requires that it be added as an additional insured by specific endorsements. A simple notation of these endorsements on the ACORD form will not be accepted. Also, any additional insured endorsement will be rejected if it includes an exclusion of completed operations coverage.

Further the City will not accept proof of insurance that fails to provide for thirty (30) days notice of policy cancellation [ten (10) days for those situations detailed in Va. Code § 38.2-2114]. This assurance may be provided by one of the following two methods:

1. A separate endorsement specifying the notice as required, or

2. A copy of a policy provision regarding such notice.

In addition, this same assurance must be given when the City requires an Alternate Employer endorsement. No alternate employer endorsement will be accepted that includes a provision that the statutory employer will receive no notice of cancellation. A form including this provision appears to be contrary to Virginia Code § 65.2-804(B), which requires thirty (30) days notice of cancellation [ten (10) days for those situations detailed in Va. Code § 38.2- 2114]. Virginia Code § 65.2-800 requires that an employer be insured, and paragraph C of that section equates an employer and a statutory employer for the purposes of that duty. 1.

In summary, the City will accept no proof of insurance that does not include in one of the forms indicated above an assurance that the City will receive thirty(30) days notice of cancellation [ten (10) days for those situations detailed in Va. Code § 38.2-2114]. Also, any qualification of this assurance with language that purports to avoid liability for failure to provide such notice will not be accepted. 30

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Failure to provide the required items could result in rejection of your insured’s bid or offer to provide services to the City, or a rejection of the insured’s request for City permits that require the City to be named as an additional insured.

Additional coverage may be necessary as set out in the contract documents.

Very Truly Yours,

/s/ Joseph M. DuRant

Deputy City Attorney

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EXHIBIT I SAMPLE CONTRACT/AGREEMENT

CONTRACT FOR [_insert URFP Title__]

THIS CONTRACT is made effective this day of , 201__ by and between the City of Newport News, Virginia, acting by and through the City Manager, hereinafter referred to as the "City," and [ ] or his, its or their successors, executors, administrators and assigns, hereinafter referred to as the "Contractor."

WHEREAS, in response to the City’s Unsealed Request for Proposals (URFP) # [______] entitled [______], the Contractor has submitted a timely proposal to provide non-professional services as described in its sealed proposal, and the City desires to contract with the Contractor to provide the services.

WHEREAS, in consideration of the payments to be made by the City of Newport News, and other good and valuable consideration, the parties covenant and agree as follows:

1. The Contractor shall provide the services in accordance with the provisions of this Contract and attached Exhibits, the City’s URFP, any addenda attached thereto, the purchase order(s), and the Contractor’s proposal, all of which are incorporated by reference. 2. Scope of Work. The Contractor shall provide the services identified in its proposal and in the URFP. 3. Term. Services shall commence on [______] and shall continue for one year or continue through [______], with an option to renew at the City’s sole discretion, for ______additional one- year periods. 4. Payment. The City shall pay the Contractor for services rendered as follows: or as identified in Exhibit A. The method for determining price adjustments, if offered, is specified in the URFP. 5. Required Notifications. Contractor shall immediately notify the City in case of emergency, injury to persons, or damage to equipment or property. 6. Independent Contractor. Contractor is an independent contractor, and its employees shall not be classified as City employees and shall not claim nor receive any City employee benefits (such as worker’s compensation, accident or health insurance, etc.). 7. Non-exclusive. This Contract is non-exclusive. City may contract with other entities for the same or similar services without liability or obligation to Contractor. 8. Insurance. The Contractor shall maintain the required insurance coverages for the entire duration of the Contract including all renewal periods and shall provide notice of non-renewal or cancellation in accordance with the requirements included in the URFP. 9. Amendments/Modifications. The parties may amend this Contract at any time, in writing, by my mutual agreement. The City Manager or his designee may execute such amendments on behalf of the City. 10. Suspension or Termination. The City may terminate this Contract for convenience or cause as specified in the URFP. 11. Notices. Notices required by this Contract shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Contract shall be addressed to the individuals below unless otherwise modified by subsequent written notice:

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EXHIBIT I SAMPLE CONTRACT/AGREEMENT continued Contractor: Name Address

City: ______, Senior Buyer City of Newport News, Virginia Office of Purchasing 2400 Washington Avenue, 4th Floor Newport News, Virginia 23607 Email: [email protected] Fax Number: (757)926-8038

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. ______CONTRACTOR

______Name of Contractor BY______Print or Type Name TITLE______

CITY OF NEWPORT NEWS, VIRGINIA BY______Print or Type Name TITLE______Page 1 ------EXHIBIT A PAYMENT

Page 2 ------

EXHIBIT B NEGOTIATED TERMS AND CONDITIONS

As a result of negotiations, the following revisions to the Scope of Work, Terms or Conditions are incorporated into the Contract: Page 3