1-RFP 2000004161.pdf

IMPORTANT NOTICE

THIS IS AN ELECTRONIC PROCUREMENT (eBID)

SUBMISSIONS WILL ONLY BE ACCEPTED

ELECTRONICALLY VIA THE BONFIRE PORTAL

https://fairfaxcounty.bonfirehub.com

Fairfax County Government uses a procurement portal powered by Bonfire Interactive for accepting and evaluating proposals. To register, visit https://fairfaxcounty.bonfirehub.com. Additional assistance is also available at Support@GoBonfire.com.

Submitting proposals via the Bonfire portal is mandatory. Fairfax County will not accept proposals submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (e-mail) in response to this RFP. Reference section titled “ELECTRONIC SUBMISSION OF PROPOSAL” in the Special Provisions, for additional information.

Fairfax County strongly encourages offerors to submit proposals well in advance of the proposal submission deadline. A proposal submission is not considered successful unless all necessary files have been uploaded and the ‘Submit & Finalize’ step has been completed. Offerors are responsible for the consequences of any failure to plan ahead in the submission of its Proposal.

The County uses eVA - Virginia's online, electronic procurement system, to publicly announce notice of all contract awards in excess of $200,000. In order to announce county contract awards, registration with eVA is necessary. In anticipation of receiving an award, vendors should register by clicking the Register Now link on the eVA website homepage (www.eVA.virginia.gov).

https://fairfaxcounty.bonfirehub.com/ https://bonfirehub.zendesk.com/hc http://www.eva.virginia.gov)/

RFP 2000004161

SPECIAL PROVISIONS

1. PURPOSE AND INTENT:

1.1. The purpose of this Request for Proposal is to solicit sealed proposals from a qualified Contractor to establish a contract or contracts through competitive negotiation for the provision of Stormwater Management, Maintenance, and Reporting Services of Stormwater Management Facilities for Fairfax County’s Department of Public Works and Environmental Services (DPWES), Maintenance and Stormwater Management Division (MSMD).

2. PRE-PROPOSAL CONFERENCE:

2.1. An optional pre-proposal conference will be held on September 12, 2025 at 1:00 P.M. via Microsoft Teams web conferencing. Offerors wishing to participate will need to REGISTER HERE.

Pre-Proposal Conference: RFP 2000004161, Stormwater Management, Maintnenance, and Reporting Services | Meeting-Join | Microsoft Teams

2.2. The purpose of the pre-proposal conference is to give potential offerors an opportunity to ask questions and to obtain clarification about any aspect of this RFP. Offerors may submit any questions pertaining to the RFP, in writing, to Cynthia.Parker@fairfaxcounty.gov.

2.3. All communications and requests for information and clarifications shall be directed to the following procurement official:

Cynthia Parker, VCA, Contract Specialist II Department of Procurement and Material Management Telephone:703 324-3226 Email: cynthia.parker@fairfaxcounty.gov

2.4. No attempt shall be made by any offeror to contact members of the Selection Advisory Committee (SAC) about this procurement (see paragraph 16.3).

3. CONTRACT PERIOD AND RENEWAL:

3.1. This contract will begin on October 1, 2025, or Date of Award, whichever is later, and terminate on October 31, 2030.

3.2. The obligation of the County to pay compensation due the contractor under the contract or any other payment obligations under any contract awarded pursuant to this Request for Proposal is subject to appropriations by the Fairfax County Board of Supervisors to satisfy payment of such obligations. The County’s obligations to make payments during subsequent fiscal years are dependent upon the same action. If such an appropriation is not made for any fiscal year, the contract shall terminate effective at the end of the fiscal year for which funds were appropriated and the County will not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. The County will provide the contractor with written notice of non-appropriation of funds within thirty (30) calendar days after action is completed by the Board of Supervisors. However, the County’s failure to provide such notice shall not extend the contract into a fiscal year in which sufficient funds have not been appropriated.

4. BACKGROUND:

4.1. Current contract documents, pricing, and all amendments can be viewed from our contract register at www.fairfaxcounty.gov/contracts by searching by Contract Description “Stormwater Mgmt, Maint, & Reporting”.

4.2. The majority of stormwater facilities are located outside of a VDOT Right-of-Way (ROW) with adequate access to facilities from residential roadways, public parking lots, libraries, etc. Any traffic control or safety measures required to perform the maintenance of stormwater facilities in those areas is considered incidental to the work performed.

4.3. For all maintenance activities within VDOT ROWs, the Contractor shall comply with the most recent edition of the Virginia Work Area Protection Manual. Most activities will be covered by the County’s VDOT general permit. The Contractor is responsible for maintaining traffic flow and ensuring the https://teams.microsoft.com/meet/2192516263929?p=P6KpOq1dNtCKGNIJiU https://teams.microsoft.com/meet/2192516263929?p=P6KpOq1dNtCKGNIJiU mailto:Cynthia.Parker@fairfaxcounty.gov mailto:cynthia.parker@fairfaxcounty.gov http://www.fairfaxcounty.gov/contracts safety of workers, pedestrians, and vehicles within the affected area . The Contractor shall implement all necessary precautionary measures and install appropriate safety equipment to protect and notify surrounding vehicular and pedestrian traffic of any work zone hazards. This includes providing and maintaining all required signs, barricades, flashers, and flag personnel to ensure safe traffic flow. All signs and traffic control devices must adhere to the latest VDOT standards. Additionally, the Contractor must assign at least one employee at each site where traffic control is required. This employee must be a VDOT-certified flagger trained in Basic Work Zone Traffic Control.

4.4. The current inventory of County-Owned and operated facilities includes:

COUNTY-OWNED STORMWATER MANAGEMENT FACILITIES

TASK AREA QUANTITY

Task Area #1: Ponds 1,360

Task Area #2: Green Infrastructure 743

Task Area #3: Underground Stormwater Management Facilities 173

Task Area #4: Green Roofs 16

Task Area #5: Vegetation Management -

Task Area #6: Specialized Turf Management for Regulated Facilities 20

Task Area #7: Water Quality Monitoring and Lake Management 32

As of 02/19/2025

5. STATEMENT OF NEEDS:

5.1. The County is seeking qualified contractors to provide reliable, high-quality services to support the continued functionality of County-owned and County-operated Stormwater Management Facilities.

The primary objective is to ensure these facilities operate as designed, improving system efficiency and minimizing the impact of stormwater runoff on local waterways, including streams, the Potomac River, and the Chesapeake Bay.

These services are critical for maintaining compliance with the County’s Municipal Separate Storm Sewer System (MS4) Permit and the Virginia Stormwater Management Program (VSMP) regulations. All work will occur on County-owned properties or within easements and rights-of-way managed by the Fairfax County’s Department of Public Works and Environmental Services (DPWES), Maintenance and Stormwater Management Division (MSMD).

MSMD will provide technical guidance and contractual oversight under this contract. As the County acquires additional stormwater facilities, the scope of services may expand accordingly to meet the growing operational needs.

5.2. Offerors are encouraged to submit a proposal for:

Preventative Maintenance: Provide scheduled routine maintenance for existing stormwater facilities in accordance with the timelines outlined in Attachment D – Facility Inventory, the detailed tasks described in Attachment E – Line-Item Descriptions, and the procedures specified in Attachment F – Post-Construction Maintenance Guides.

The primary objective of routine (preventative) maintenance is to preserve or restore facility functionality and minimize deterioration, thereby reducing the need for corrective (non-routine) maintenance.

It is the contractor’s responsibility to identify and complete, for each facility and scheduled visit, the necessary tasks associated with Preventative Maintenance and not all tasks described under ‘Preventative Maintenance’ work may be needed.

Non-Routine (Corrective) Maintenance: Perform corrective maintenance activities based on findings from inspection reports (which may be performed by others), resident complaints, or other sources. Non-routine services may include repairs, retrofits, component replacement, partial or full reconstruction, and the installation of new features within existing stormwater facilities to restore function and compliance.

5.3. The Contractor should provide all materials, parts, labor, equipment, supervision, management and all other items or services necessary to operate, maintain, repair and/or modify all activities associated with the facilities described in this solicitation.

5.4. The Contractor shall perform all work in compliance with all applicable Federal, State, County, and local ordinances, as well as industry standards and specifications. Services must ensure the optimal functionality of existing stormwater management facilities while meeting the requirements of Fairfax County’s MS4 Permit and the reporting standards set by the Virginia Department of Environmental Quality (DEQ).

5.5. Offerors may submit proposals for all Task Areas for which they have expertise, qualifications and proficiency. Due to the broad range of knowledge and expertise for the different types of facilities, this RFP consists of seven (7) Task Areas. Additional information for each Task Area can be found in Attachment C – Task Area Descriptions:

a. Task Area #1: Ponds

b. Task Area #2: Green Infrastructure

c. Task Area #3: Underground Stormwater Management Facilities

d. Task Area #4: Green Roofs

e. Task Area #5: Vegetation Management

f. Task Area #6: Specialized Turf Management for Regulated Facilities

g. Task Area #7: Water Quality Monitoring and Lake Management

The County intends to award contracts to two primary vendors for Task Area #1, each assigned to a designated facilities within the County. However, facilities may be reassigned at any time without prior notice. For all other task areas, the County aims to award a primary vendor and, if feasible, a secondary vendor. The secondary vendor will only be utilized when the primary vendor is unable to perform the required services.

5.6. As part of Fairfax County’s environmental stewardship goals, including its commitment to a Zero Waste Policy, offerors are required to describe how they will support the County in advancing zero waste principles throughout the performance of this contract.

Offerors shall include a brief narrative in their proposal outlining specific strategies they will use to minimize waste generation and disposal, and promote reuse, recycling, and responsible material handling. This may include, but is not limited to, reducing single-use materials, composting organic waste, reusing materials on-site, and recycling applicable construction or maintenance waste.

Contractors are encouraged to be innovative and creative in their approach, proposing sustainable practices that align with the County’s zero waste goals while ensuring service effectiveness and regulatory compliance.

Offerors may also submit alternate proposals or service models that further promote zero waste practices or environmental sustainability. These proposals will be considered during evaluation, particularly if they offer a measurable benefit to the County in terms of cost savings, environmental outcomes, or improved reporting capabilities.

6. FAIRFAX COUNTY CONSTRUCTION SAFETY RESOLUTION:

6.1. The Contractor shall comply with the resolution adopted by the Fairfax County Board of Supervisors on December 8, 2003, as amended: Please see Attachment B .

7. PREVAILING WAGE FOR COUNTY CONTRACTS:

7.1. “Effective July 1, 2022, payment of Prevailing Wages shall conform to the Fairfax County Code

Chapter 2, Article 3, Payment of Prevailing Wage for Work Performed on County Construction Contracts, Sections 2-3-1 and 2-3-2. The prevailing wage requirement applies for county construction contracts, including maintenance, that are $250,000 or more in value. The Fairfax County link is: https://www.fairfaxcounty.gov/topics/prevailing-wage-ordinance.

7.2. This contract will be awarded as a term requirements contract, with services provided on an as-needed basis through individual task orders or project assignments. Prevailing Wage (PW) requirements will apply to all construction work valued at $250,000 or more, in accordance with Fairfax County’s Prevailing Wage Ordinance. Performance and Payment Bonds will be required for individual projects valued at $500,000 or more, pursuant to applicable procurement regulations.

Rates and compliance obligations shall be based on the specific scope and value of each project at the time a request for services is issued under the contract. Contractors will be responsible for ensuring compliance with all prevailing wage and bonding requirements as applicable to each task order. The $250,000 threshold applies per individual project or task order, not the overall contract.

The determination of whether Prevailing Wage requirements apply will be made at the time a project is scoped and quoted. Multiple awards under the contract do not affect the threshold; each assignment is evaluated independently.

8. TECHNICAL PROPOSAL INSTRUCTIONS:

The offeror must submit their response to the Technical Proposal in Bonfire containing the following information. This information will be considered the minimum content of the proposal. Proposal contents shall be arranged in the same order and identified with headings as presented herein. In addition, the offeror will submit in Bonfire an executed County’s Cover Sheet (DPMM32), all the Attachment A documents, Attachment B, and all issued Addenda (as applicable).

8.1. Section 1 – Introduction:

a. Name of firm submitting proposal; main office address; when organized; if a corporation, when and where incorporated; appropriate Federal, State, and County registration numbers.

8.2. Section 2 – Statement of Qualifications:

a. Organizational and Staff Experience: Offerors must describe their qualifications and experience to perform the work described in this Request for Proposal. Information about experience should include direct experience with the specific subject matter. Offerors should include the names and resumes of key staff proposed for this contract such as project manager, foreman, etc.

b. Certifications: Offerors must provide all applicable Federal, State, County, local, and industry certifications and training documentation, as required by each Task Area proposed by the Offeror.

• Responsible Land Disturber (RLD) – [Required for Task Area #1, 2, 6]

• OSHA 10-Hour Construction Safety Certification – [Required for Task Area #1, 2, 3]

• OSHA 30-Hour Construction Safety Certification – [Required for Task Area #1]

• Confined Space Entry (CSE) Certification – [Required for Task Area #3]

• OSHA Fall Protection Training – [Required for Task Area #4]

• Virginia Certified Nutrient Management Planner – [Required for Task Area #5, 6]

• Virginia Commercial Pesticide Applicator Certification – [Required for Task Area #2, 5, 6, 7]

• Virginia Registered Technician Certification – [Required for Task Area #2, 6, 7]

• ISA Certified Arborist – [Required for Task Area 2, 4 and 5] https://www.fairfaxcounty.gov/topics/prevailing-wage-ordinance https://www.fairfaxcounty.gov/topics/prevailing-wage-ordinance

c. References: Offerors must include a minimum of two (2) references for each Task Area which they are submitting an offer for where similar work has been completed within the past five (5) years. Special notation must be made of similar or related programs performed and must include organization names, addresses, names of contact persons, and telephone numbers for such reference.

d. Personnel: Full-time and part-time staff, proposed consultants and subcontractors who may be assigned direct work on this project should be identified. Information is required which will show the composition of the task or work group, its specific qualifications, and recent relevant experience. Special mention shall be made of direct technical supervisors and key technical personnel, and an approximate percentage of the total time each will be available for this project. The technical areas, character and extent of participation by any subcontractor or consultant activity must be indicated and the anticipated sources will be identified.

e. A staffing plan is required which describes the Offeror’s proposed staff distribution to accomplish this work. The staffing plan should indicate a chart that partitions the time commitment of each professional staff member across the proposed tasks and a timeline for the project. It is mandatory that this section identify the key personnel who are to work on the project, their relationship to be contracting organization, and amount of time to be devoted to the project. This includes Consultants as well as regular employees of the offeror, if relevant.

8.3. Section 3 – Understanding the Statement of Needs:

The offeror must present a description of the phases or segments into which the proposed program can logically be divided and performed, together with flow charts. The technical narrative should address separately each of the “Statement of Needs” described in the Request for Proposal and responses should be keyed to appropriate paragraph numbers providing the following information below:

This section should also contain a discussion of any changes proposed by the offeror that substantially differs from the project scope described in these Special Provisions.

a. Statement and discussion of the requirements as they are analyzed by the offeror.

b. Offeror's proposed definitive Scope of Work with explanation of technical approaches and a detailed outline of the proposed program for executing the requirements of the Statement of Needs and achieving project objectives.

c. Preliminary layouts, sketches, diagrams, other graphic representations, calculations, and other data as may be necessary for presentation, substantiation, justification or understanding of the Statement of Needs.

d. Offeror should demonstrate an awareness of difficulties in the completion of this undertaking, and a plan for surmounting them. Special attention should be given to methodological issues that will be encountered in such a project.

e. Offeror may also comment if deemed appropriate, on any aspect of the Request for Proposal, including suggestions on possible alternative approaches to the coverage, definition, development, and organization of the issues presented in the “Statement of Needs” section, and may propose alternative approaches.

9. COST PROPOSAL INSTRUCTIONS:

9.1. The offeror must submit their response to the Cost Proposal in Bonfire for each Task Area using the pricing spreadsheets provided. Any items not specifically listed in the pricing schedule will be negotiated with the awarded contract as needed for each Task Area.

9.2. Offeror shall include any other pricing that may be relevant to services being offered.

9.3. Offerors may propose incentive-based pricing models or alternate pricing structures that support the County’s Zero Waste Policy. This may include discounts for waste diversion efforts, credits for reused or recycled materials, or proposed cost-sharing for implementing innovative waste reduction solutions. These cost options should be clearly labeled and submitted with the standard pricing spreadsheets provided.

10. PRICING:

10.1. The subsequent contract will be a firm-fixed price agreement. The fee(s) will remain firm and will include all charges that may be incurred in fulfilling the requirements of the contract during the first 365 days.

10.2. Changes in cost for any subsequent contract years may be based on the Consumer Price Index (CPI-U), or other relevant indices. The Contractor should give not less than 60 days advance notice of any price increase to the purchasing office. The Contractor shall fill all orders received prior to the effective date of the price adjustment at the old contract prices. Should a price increase be granted the prices will remain firm for 365 days.

10.3. The request for a change in the unit price shall include as a minimum, (1) the cause for the adjustment; (2) proposed effective date; and, (3) the amount of the change requested with documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics, Consumer Price Index (CPI-U), change in manufacturer's price, etc.).

10.4. Price decreases shall be made in accordance with paragraph 40 of the General Conditions & Instructions to Offerors. (Appendix A)

11. TRADE SECRETS/PROPRIETARY INFORMATION:

11.1. Trade secrets or proprietary information submitted by an offeror in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act;

however, offerors must invoke the protections of this section prior to or upon submission of the data or other materials.

11.2. The offeror must identify the data or other materials to be protected and state the reasons why protection is necessary. Disposition of material after award(s) should be stated by the offeror.

11.3. Offeror shall complete the Request for Protection of Trade Secrets or Proprietary Information (Attachment A4) to identify and protect trade secrets or proprietary information from disclosure under the Virginia Freedom of Information Act

11.4. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.

12. REQUIRED SUBMITTALS:

12.1. Each Offeror responding to this Request for Proposal must supply all the documentation required in the RFP. Failure to provide documentation with the Offeror's response to the RFP will result in the disqualification of the Offeror's proposal.

13. ELECTRONIC SUBMISSION OF PROPOSAL:

13.1. Proposals must be received electronically through Fairfax County’s online Procurement Portal at:

https://fairfaxcounty.bonfirehub.com, on or before the Submittal Deadline. Submissions will only be accepted through the portal. Fairfax County will not accept proposals submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (i.e., e-mail) in response to this RFP.

13.2. Proposal submissions and registration are free of charge. Offerors can register for a free account at: https://fairfaxcounty.bonfirehub.com, which will be required when preparing a submission.

Documents may be uploaded at any time during the open period. The official time used for receipt of proposals/modifications is the time stamp within the Bonfire portal. No other clocks, calendars or timepieces are recognized. For technical questions related to a submission contact Bonfire at Support@GoBonfire.com or click on the link “Contact Bonfire Support here” under Need Help?.

(Note: it takes an average of 16 minutes to an hour for a response). Therefore, offerors shall take the necessary steps to submit their proposals in advance.

13.3. If, at the time of the scheduled proposal closing Fairfax County Government is closed due to inclement weather or another unforeseeable event, the proposal closing will still proceed electronically through the Bonfire system.

13.4. Technical Information: Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. Minimum system requirements for the Bonfire portal - Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled.

Browser cookies must be enabled.

13.5. It is the Offeror's responsibility to clearly identify and to describe the services being offered in response to the Request for Proposal. Offerors are cautioned that organization of their response, as well as thoroughness is critical to the County's evaluation process. The RFP forms must be completed legibly and in their entirety; and all required supplemental information must be furnished and presented in an organized, comprehensive and easy to follow manner.

13.6. Unnecessarily elaborate brochures of other presentations beyond what is considered sufficient to present a complete and effective proposal is not desired.

13.7. By executing the cover sheet (DPMM32), Offeror acknowledges that they have read this Request for Proposal, understand it, and agree to be bound by its terms and conditions.

14. ADDENDA:

14.1. Offerors are reminded that changes to the bid, in the form of addenda, are often issued between the issue date and within three (3) days before the due date. All addenda shall be signed and submitted before the due date/time or must accompany the bid.

14.2. Notice of addenda will be posted on eVA and Bonfire. It is the Offeror’s responsibility to monitor the web page for the most current addenda at https://fairfaxcounty.bonfirehub.com.

14.3. The last day to submit questions to be addressed in the addendum will be addressed in Bonfire under “Questions Due Date”. All questions pertaining to this RFP shall be submitted to Cynthia.Parker@fairfaxcounty.gov.

15. PROPOSAL ACCEPTANCE PERIOD:

15.1. Any proposal submitted in response to this solicitation shall be valid for one hundred eighty (180) days. At the end of the days 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 canceled.

16. BASIS FOR AWARD:

16.1. This Request for Proposal is being utilized for competitive negotiation. Under the competitive negotiation process, a contract may be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the County, taking into consideration price and the evaluation factors set forth in the Request for Proposal. The County reserves the right to make multiple awards as a result of this solicitation.

16.2. A Selection Advisory Committee has been established to review and evaluate all proposals submitted in response to this Request for Proposal. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided with the proposal, and the evaluation criteria listed below. Based upon this review, the cost proposals of the highest rated offeror(s) will then be reviewed.

mailto:Support@GoBonfire.com mailto:Cynthia.Parker@fairfaxcounty.gov

16.3. No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the Selection Advisory Committee or any person involved in the evaluation of the proposals. Selection Advisory Committee members will refer any and all calls related to this procurement to the procurement official named in 2.3 above. Failure to comply with this directive may, at the sole discretion of the County, result in the disqualification of an offeror from the procurement process.

16.4. Based on the results of the preliminary evaluation, the highest rated offeror(s) may be invited by the County Purchasing Agent to make oral presentations to the Selection Advisory Committee. This committee will then conduct a final evaluation of the proposals. 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 County shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror.

16.5. Should the County 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 and awarded to that offeror. The Committee will make appropriate recommendations to the County Executive and Board of Supervisors, if appropriate, prior to actual award of contract.

16.6. Proposal Evaluation Criteria

The following factors will be considered in the award of this contract:

a. Qualifications of firm with appropriately qualified and experienced personnel (ref. Special

Provisions, Section 8.2.) (points 40)

b. Detail response to the Special Provisions, section 5, STATEMENT OF NEED (ref. Special Provisions, Section 8.3.) (points 40)

c. Reasonableness of cost proposal (points 20)

16.7. Fairfax County reserves the right to make on-site visits to assess the capabilities of individual offerors and to contact references provided with the proposal.

16.8. The County Purchasing Agent may arrange for discussions with firms submitting proposals, if required, for the purpose of obtaining additional information or clarification.

16.9. Offerors are advised that, in the event of receipt of an adequate number of proposals, which, in the opinion of the County Purchasing Agent, require no clarifications and/or supplementary information, such proposals may be evaluated without further discussion. Consequently, offerors should provide complete, thorough proposals with the offerors most favorable terms. Should proposals require additional clarification and/or supplementary information, offerors should submit such additional material in a timely manner.

16.10. Proposals which, after discussion and submission of additional clarification and/or supplementary information, are determined to meet the specifications of this Request for Proposal will be classified as "acceptable". Proposals found not to be acceptable will be classified as "unacceptable" and no further discussion concerning same will be conducted.

16.11. The County may cancel this Request for Proposal 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.

17. INSURANCE:

17.1. The Contractor is responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection therewith. The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract.

17.2. The Contractor must during the continuance of all work under the contract provide the following:

a. Statutory Workers' Compensation and Employer's Liability insurance in limits of not less than $1,000,000 to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia.

b. Commercial General Liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 in aggregate, to protect the Contractor, its subcontractors, and the interest of the County, its officers and employees against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the contract or in connection with the contracted work.

c. Owned, non-owned, and hired Automobile Liability insurance, in the amount of $1,000,000 per occurrence/aggregate, including property damage, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the Contractor. In addition, all mobile equipment used by the Contractor in connection with the contracted work, will be insured under either a standard Automobile Liability policy, or a Commercial General Liability policy.

17.3. Liability Insurance "Claims Made" basis:

1) If the liability insurance purchased by the Contractor has been issued on a "claims made" basis, the Contractor must comply with the following additional conditions. The limit of liability and the extensions to be included as described previously in these provisions, remain the same.

2) The Contractor must either:

i. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract. This certificate shall evidence a "retroactive date" no later than the beginning of the contractor's or sub-contractor's work under this contract, or

ii. Purchase the extended reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

17.4. Liability insurance may be arranged by a combination of primary and excess or umbrella policies.

17.5. Any deductibles and/or self-insured retentions greater than $50,000 must be disclosed to and approved by the County’s Risk manager prior to the commencement of services. Use of large deductibles and/or self-insured retentions will require proof of financial ability as determined by the County.

17.6. After a period of five-years from Agreement Date, the County may reasonably require higher limits of insurance or additional insurance coverage against other hazards for which insurance is reasonably obtainable and which, at the time, are commonly insured against in the case of similar properties conducting similar activities within the geographic area of the Property, whether or not such additional insurance requirements are otherwise described or contemplated herein.

17.7. The Contractor agrees to provide insurance issued by companies admitted within the Commonwealth of Virginia, with the Best's Key Rating of at least A: VII.

17.8. European markets including those based in London, and the domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the Contractor's broker can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best's rating of A: VII or better.

17.9. The Contractor will provide an original, signed Certificate of Insurance citing the contract number and such endorsements as prescribed herein and The County of Fairfax, its officers, employees and agents shall be named as an “additional insured” for all liability policies and it shall be stated on the Insurance Certificate that this coverage “is primary to all other coverage the County may possess.”

17.10. The Contractor will secure and maintain all insurance certificates of its subcontractors, which shall be made available to the County on demand.

17.11. Contractor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against the County and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Contractor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Contractor or its subcontractors. Where permitted by law, Contractor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

17.12. The Contractor will provide on demand certified copies of all insurance policies related to the contract within ten business days of demand by the County. These certified copies will be sent to the County from the Contractor's insurance agent or representative.

17.13. No change, cancellation, or non-renewal shall be made in any insurance coverage without a 30-day written notice to the County. The Contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate may result in suspension of all payments until the new certificate is furnished.

17.14. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all subcontractors of their liabilities provisions of the contract.

17.15. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the County. The Contractor is as fully responsible to the County for the acts and omissions of the subcontractors and of persons employed by the Contractor as it is for acts and omissions of person directly employed by Contractor.

17.16. Precaution shall be exercised at all times for the protection of persons (including employees) and property.

17.17. The Contractor and all subcontractors are to comply with applicable federal, state, and local occupational safety and health requirements, including, but not limited to, the Occupational Safety and Health Act of 1970, Public Law 91-596, as it may apply to this contract.

18. METHOD OF ORDERING:

18.1. The County may use two (2) different methods of placing orders from the final contract: Purchase Orders (PO’s) and approved County procurement cards.

18.2. A Purchase Order (PO) may be issued to the contractor on behalf of the County agency ordering the items/services covered under this contract. The purchase order indicates that sufficient funds have been obligated as required by Title 15.2-1238 of the Code of the Commonwealth of Virginia.

18.3. Procurement Card orders and payments may also be made by the use of a Fairfax County or Fairfax County Public Schools “Procurement” Card. The Procurement Card is currently a Master Card. Contractors are encouraged to accept this method of receiving orders.

18.4. Regardless of the method of ordering used, solely the contract and any modification determine performance time and dates.

18.5. Performance under this contract is not to begin until receipt of the purchase order, Procurement Card order, or other notification to proceed by the County Purchasing Agent and/or County agency to proceed. Purchase requisitions shall not be used for placing orders.

19. REPORTS AND INVOICING:

19.1. The Contractor(s) must invoice each County department using the final contract separately.

Invoices for all users of the contract must meet County requirements, unless otherwise indicated.

The Contractor(s) must send each department an itemized monthly invoice (or as agreed to between the parties), which must include the information listed below::

a. Employee name

b. Contract Number

c. Purchase Order Number

d. Asset ID Number (Facility ID Number / Address)

e. Date(s) of service

f. The type of services

g. The itemized cost for each line item

h. The itemized cost for all labor

19.2. County departments must receive monthly invoices by the 10th of each month following the month the Contractor(s) provided the service. In addition, the Contractor(s) will provide each County department with a monthly and year-to-date utilization report which lists all information shown above in Section 19.1 a-h. The Contractor(s) will mail the invoices and the utilization reports to the individual identified in the final Contract.

20. CHANGES:

20.1. Fairfax County may, at any time, by written order, require changes in the services to be performed by the Contractor. If such changes cause an increase or decrease in the Contractors cost of, or time required for, performance of any services under this contract, an equitable adjustment shall be made, and the contract shall be modified in writing accordingly. The County Purchasing Agent must approve all work that is beyond the scope of this Request for Proposal.

20.2. No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the Fairfax County Purchasing Agent.

21. DELAYS AND SUSPENSIONS:

21.1. The County 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 County.

The County 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 County may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely 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.

21.2. If the County does not direct the Contractor, in writing, to suspend, delay, or interrupt the contract, the Contractor must give the County Purchasing Agent written notice if Fairfax County fails to provide data or services that are required for contract completion by the Contractor. The County may 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 County may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely 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.

21.3. The Contractor shall continue its work on other phases of the project or contract, if in the sole discretion of the Purchasing Agent such work is not impacted by the County’s delay, suspension, or interruption. All changes to the work plan or project milestones shall be reflected in writing as a contract amendment.

22. ACCESS TO AND INSPECTION OF WORK:

22.1. The Fairfax County Purchasing Agent and using agencies will, at all times, have access to the work being performed under this contract wherever it may be in progress or preparation.

23. DATA SOURCES:

23.1. The County will provide the Contractor all available data possessed by the County that relates to this contract. However, the Contractor is responsible for all costs for acquiring other data or processing, analyzing or evaluating County data.

24. SAFEGUARDS OF INFORMATION:

24.1. Unless approved in writing by the County Purchasing Agent, the Contractor may not sell or give to any individual or organization any information, reports, or other materials given to, prepared or assembled by the Contractor under the final contract.

25. PROTECTION OF WORK AND PROPERTY:

25.1. Care must be used in performing all work. The cost of repairing or replacing any structure or structural components damaged during the course of maintenance will be the responsibility of the Contractor. The Contractor is responsible for repairing damaged areas to like and kind condition and must be restored to the satisfaction of the County Project Manager.

25.2. The contractor shall protect the Owner's property from injury or losses in connection with this contract at all times. The contractor’s own work and that of adjacent property (as provided by law and the contract documents) from damage shall be guarded. The contractor shall replace or make good any such damage, loss or injury unless caused directly by errors contained in the contract documents or by the Owner or by his/her duly authorized representatives. All passageways, guard fences, lights and other facilities required for protection by local authorities or local conditions must be provided and maintained.

26. DAMAGE CLAIMS:

26.1. The Contractor shall continuously maintain protection of all its work from damage and shall protect the County’s property and easements from damage or loss arising in connection with this Contract.

The Contractor shall make good any such damage, or loss, except such as may be caused by agents or employees of the County.

26.2. The Contractor shall be responsible for resolution of any and all damage claims resulting from operations provided under this Contract. Claims made to Fairfax County as a result of operations provided under this Contract will be referred to the Contractor for resolution. Failure to properly respond to and resolve damage claims will constitute unsatisfactory performance and may result in cancellation of the Contract.

27. STORAGE OF MATERIALS:

27.1. Materials shall be stored so as to insure the preservation of their quality and fitness for the work.

When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces and not on the ground and shall be placed under cover when directed. Stored materials shall be located so as to facilitate proper inspection. Equipment that is delivered crated shall remain crated until ready for installation. Lawns, grass plots or other private property shall not be used for storage purposes without the written permission of Fairfax County or lessee.

28. WEATHER CONDITIONS:

28.1. In the event of temporary suspension of work or during inclement weather, or whenever the Project Manager shall direct, the Contractor and subcontractors to carefully protect all materials and work against damage or injury from the weather. If, in the opinion of the Project Manager, any work or materials have been damaged or injured by reason of failure on the part of the Contractor or any subcontractors to protect his/her work and materials shall be removed and replaced at the expense of the Contractor.

29. CLEANING UP:

29.1. The contractor shall keep the premises and adjacent areas free from accumulations of waste material or rubbish at all times. At the completion of the work, all rubbish, tools, used for work and surplus materials shall be removed from and about the premises and adjacent areas, and the area shall be "broom cleaned" and ready for use. In case of a dispute, Fairfax County may remove rubbish or otherwise clean up, and may charge the Contractor either by deduction from amounts unpaid to the Contractor, or by other means with such cost as the Project Manager shall determine to be fair and equitable.

30. ORDER OF PRECEDENCE:

30.1. In the event of conflict, the Acceptance Agreement (provided at contract award) and the Special Provisions of this contract shall take precedence over the General Conditions and Instructions to Bidders, (Appendix A).

31. SUBCONTRACTING:

31.1. If one or more subcontractors are required, the contractor is encouraged to utilize small, minority-owned, and women-owned business enterprises. For assistance in finding subcontractors, contact the Virginia Department of Small Business and Supplier Diversity https://www.sbsd.virginia.gov;

local chambers of commerce and other business organizations.

31.2. No portion of this contract may be subcontracted without the written consent of the County. If subcontractors are allowed, the Contractor must provide the County with a list of subcontractors used. In addition, signed copies of any agreements between contractor and their subcontractors shall be required. Additionally, the said subcontractors shall be fully qualified to perform the work and shall adhere to all provisions of this Contract. The Contractor shall be held fully responsible for the performance of all subcontracted work.

32. USE OF CONTRACT BY OTHER PUBLIC BODIES:

32.1. Offerors are advised that the resultant contract(s) may be extended, with the authorization of the Offeror, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing and payment. The County of Fairfax acts only as the "Contracting Agent" for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your offer.

32.2. It is the Contractors responsibility to notify the public body(s) of the availability of the contract(s).

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

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

https://www.sbsd.virginia.gov/

32.5. Fairfax County shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that public body by the Contractor.

33. NEWS RELEASE BY VENDORS:

33.1. As a matter of policy, the County does not endorse the products or services of a contractor. News releases concerning any resultant contract from this solicitation will not be made by a contractor without the prior written approval of the County.