CHESTERFIELD COUNTY

PROCUREMENT DEPARTMENT

CHESTERFIELD, VIRGINIA

Request for Proposals

RFP Number: .......................................................................................................................... RFP26000308

Title: .......................... Point of Rocks Water Supply Intake and Pump Station Construction Phase Services

Issue Date: .................................................................................................................................. July 8, 2026

Proposals Due No Later Than: ........................................................................ August 13, 2026, 4:00 P.M.

Location for Receipt of Proposals: ................................... Chesterfield County, Lane B. Ramsey Building c/o Procurement Department

9901 Lori Road Chesterfield, VA 23832

Inquiries: Questions which may arise as a result of this solicitation may be addressed to Vin Kamatchi, Procurement Manager, at (804) 717-6342, or by email to procurement@chesterfield.gov. Inquiries must be received no later than August 4, 2026 at 4:00 p.m. in order to be considered. Contact initiated by an offeror concerning this solicitation with any other County representative, not expressly authorized elsewhere in this document, is prohibited. Any such unauthorized contact may result in disqualification of the offeror from this transaction.

My signature below certifies that:

• I agree to abide by all conditions of this Request for Proposal (RFP) and that I am authorized to sign this proposal;

• the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under § 18.2-498.1, et. seq. of the Code of Virginia. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards;

• that the accompanying proposal is in compliance with applicable provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100, et. seq. of the Code of Virginia). Specifically, without limitation, no County/School Board employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract; and

• that the accompanying proposal is in accordance with applicable provisions of the Virginia Public Procurement Act, Art. 6 Ethics in Public Contracting (§ 2.2-4367, et. seq. of the Code of Virginia), and any other applicable law as set forth therein.

Complete Legal Name of Firm: ________________________________________________________

Address: ________________________________________________________

Remit To Address: ________________________________________________________

Signature: __________________________________ Email:_____________________________

Name (type/print): ___________________________ Title: _____________________________

Fed ID No.: _____________________ Phone: (____)_______________ Fax: (____)______________

Proposal Dated: ___________________________

Please refer to Clause 6 of the General Terms and Conditions:

Minority-Owned Business: Yes No Chesterfield Business: Yes No

Women-Owned Business: Yes No Small Business Yes No

Service-Disabled Veteran-Owned Business Yes No

Military Family-Owned Business Yes No mailto:procurement@chesterfield.gov

TABLE OF CONTENTS

I. PURPOSE

II. BACKGROUND

III. SCOPE OF WORK/SPECIFICATIONS

IV. INSTRUCTIONS

V. TERMS AND CONDITIONS

VI. EVALUATION CRITERIA

VII. AWARD PROCEDURE

ATTACHMENT A - Virginia State Corporation Commission (SCC) Registration Information ATTACHMENT B – Proprietary/Confidential Information Identification

V. PURPOSE

The purpose of this Request for Proposals is to select the most qualified firm to provide engineering services related to the construction of a new water supply intake facility on the Appomattox River in Chesterfield County, Virginia. The final selection of the engineering firm to provide these services will be made by the Chesterfield County Board of Supervisors. The project is under design by Arcadis under a term annual contract. The term annual contract has spending caps that will not allow for sufficient budget to complete construction phase services.

The project is funded by County funds and does not include any federal grant or loan requirements.

VI. BACKGROUND

3. Chesterfield County, Virginia has a population of over 365,000 residents with over 120,000 water customers and has been experiencing rapid population growth. The County currently has three water supplies to meet the needs of its customers:

a. Swift Creek Reservoir (County owned Addison-Evans Water Treatment Plant)

b. Lake Chesdin (purchase from Appomattox River Water Authority)

c. James River (purchase from the City of Richmond)

The current average water demand in Chesterfield County is approximately 39 million gallons per day (MGD). To meet the long-term water resource needs, the County is planning to develop a fourth water supply near Point of Rocks Park with a new intake structure, pump station, transmission water main and water treatment plant. It is the intent of the County to award engineering services for the construction of the intake structure and intake pump station to a qualified consulting engineering firm.

The firm awarded this project will be required to coordinate with the design engineers working on the raw water pipeline (Whitman Requardt and Associates) and the water treatment plant (Black and Veatch).

A PDF copy of the approved Preliminary Engineering Report, which includes 60% complete plans, will be made available to download upon written request to the County.

A copy of the County’s VMRC permit and DEQ withdrawal permit will also be made available to download. The Army Corps of Engineers permit is pending and will be made available as soon as it is finalized.

4. Estimated Project Schedule

The following schedule is subject to change depending on actual scope of each given task order:

Intake structure and pump station bidding support January 2027

Intake structure and pump station contractor NTP July 2027

Intake Structure and pump station completion January 2033

Transmission main contractor notice to proceed 2031

Treatment plant detailed design notice to proceed 2027

Connection and testing of transmission main January 2033

Treatment plant Contractor Notice to Proceed July 2029

Treatment plant in service July 2033

The offeror shall provide a tentative schedule as part of this proposal as a demonstration of understanding the anticipated tasks identified in the scope of services and the firm’s planned approach to the project.

VII. SCOPE OF WORK/SPECIFICATIONS

3. Bidding Support

Provide engineering support during the bidding process to include review of the invitation for bids, reproduction and distribution of the Bid Documents, attendance at a pre-bid meeting, issuance of addenda as necessary, review of the bids and recommendation for award.

4. Project Management and Coordination

Firm to coordinate with and schedule elements of the work with the County and the design team and field staff. Regular invoices and progress reports shall be prepared in accordance with County procedures and regular communication will occur between the Project Manager and the County.

5. Field Construction Services

Provide a qualified Construction Manager (CM) and other field staff, as may be required, to assist in observing progress and quality of the Work. It is anticipated that the CM provide full-time representation at the site throughout the project duration.

Specific elements of work associated with Field Construction Phase Services and include the following:

a. Monthly Progress Meetings – Set up the meetings, prepare the agenda and lead the monthly progress meetings. Prepare minutes of the meetings and distribute to all attendees.

b. Schedules - Review monthly progress schedule updates from the Contractor.

c. Pay Requisition Review and Monthly Progress Schedule Review – Receive, review and confirm the appropriateness of pay requests, the state of completion of the work and the proper storage and maintenance of contractor-stored materials. Certify each payment request prior to submitting it to the County.

d. Conferences and Meetings - Conduct meetings with Contractor and County such as progress meetings, job conferences and other project-related meetings.

Prepare and circulate copies of minutes thereof. Serve as prime administrator of all meetings, developing agendas and maintaining meeting minutes.

e. Shop Drawings and Samples – Advise the Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which

CM believes that the submittal has not been approved.

f. Liaison – Serve as the liaison with the Contractor; working principally through the

Contractor’s superintendent and assist in understanding the intent of the Contract

Documents and coordinating to minimize impact on the County’s on-site operations.

g. Interpretation of Contract Documents – Enforce the Contract Documents. Where design intent is unclear, consult with the design engineer, Arcadis, when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by the design engineer or the Engineer.

h. Change Management - Consider and evaluate Contractor’s proposals for modifications in Drawings or Specifications and report with CM’s recommendations to the Engineer. Consult with the design engineer as necessary. Transmit to Contractor, in writing, decisions as issued by the

Engineer.

i. Review of Work and Rejection of Defective Work - Conduct on-site observations of Contractor’s work in progress to assist in determining if the Work is observed to be proceeding in accordance with the Contract Documents. Report whenever

CM believes that any part of Contractor’s work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Report of work in progress that CM believes should be corrected or rejected or should be uncovered for observation or requires special testing, inspection or approval.

j. Inspections, Tests and System Startups - Verify that tests, equipment and systems start-ups and operating and maintenance training are conducted in the presence of appropriate County personnel and that Contractor maintains adequate records thereof. Observe, record and report appropriate details relative to the test procedures and systems startups. Accompany visiting inspectors representing public or other agencies having jurisdiction over the

Project and record the results of these inspections. Coordinate special inspections with the County-hired SI consultant, Schnabel Engineering, Inc.

k. Records – Maintain, at the Site, orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change

Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and

Sample submittals received from and delivered to Contractor and other Project-related documents. Prepare reports recording Contractor’s hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives or changed conditions, Site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures; and send copies to the office. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. Maintain detailed records for use in preparing Project documentation. Maintain detailed records of locations of underground construction and deviations from the contract construction drawings to prepare as-built record drawings. Discuss records with the Contractor at least on a monthly basis to ensure that all locations and deviations are recorded.

Upon completion of the Work, furnish original set of all CM Project documentation for submittal to the County.

l. Reports - Furnish periodic reports as required of progress of the Work and of

Contractor’s compliance with the progress schedule and schedule of Shop

Drawing and Sample submittals. Draft and coordinate proposed Change Orders, Work Change Directives and Field Orders. Obtain backup material from

Contractor and maintain copies of all inspection, test and system startup reports.

Report the occurrence of any Site accidents, any hazardous environmental conditions, emergencies or acts of God endangering the Work and property damaged by fire or other causes.

m. Certificates, Operation and Maintenance Manuals - During the course of the

Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents. Issue a Certificate to

Operate to the Department of Environmental Quality.

n. Completion - Before issuance of a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction.

Observe whether Contractor has arranged for inspections required by Laws and

Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. Participate in a final inspection and prepare a final list of items to be completed or corrected. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work.

o. Punch Lists – Review the completed work at the project partial, substantial and overall final inspection milestones. Develop and manage a punch list of items for the Contractor to address and assist in resolving punch list items with the

Contractor and perform follow-up inspections to verify the satisfactory resolution of all punch list items.

p. Commissioning – Provide field start up assistance as needed for startup, commissioning and troubleshooting of the facilities.

6. Office Construction Phase Services

Several elements are included in this subtask, including:

a. Attendance at monthly progress meetings and brief site visits following each meeting as needed.

b. Maintain an electronic construction management system to hold and track all contract documents, submittals/responses, RFIs, change orders, pay applications, meeting minutes and other project-related documentations.

c. Attendance at site visits not associated with progress meetings. Conduct site visits as warranted to address emergency or unforeseen issues.

d. Shop Drawing Submittals and Samples - Track all submittals and maintain a log of anticipated and outstanding submittals. Provide formal comments along with recommended action code and distribute to the County, Contractor and Engineer via an electronic platform for submittal processing.

e. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).

f. Respond to Contractor Requests for Interpretation (RFI) and Requests for

Clarification (RFC).

g. Request for Proposals (RFP) – Prepare RFPs for the Contractor for items of work outside of the defined scope of work in the plans and specifications. Such RFPs may be developed for additions to or deletions from the project based on unforeseen conditions and/or County requests. Engineer will respond to clarifications requested by the Contractor regarding the RFPs. Engineer will develop an engineer’s estimate of the cost impacts of the RFP to the project and make recommendations to the County regarding the appropriateness of

Contractor pricing on such proposals. RFP development for owner requested design additions to the project are not anticipated.

h. Change Orders – Should the Contractor submit claims related to the project and/or modifications become necessary to meet the County’s needs for the project, Engineer will review the claims and/or proposed modifications and advise the County on the approach for resolution of the related issues. Engineer will review justification for all claims for modifications to the project cost and/or schedule and develop recommendations for the fair and equitable resolution of such claims.

i. Provide Record Drawings in hard copy and AutoCAD format based on contractor/RPR red line markups and GPS points.

7. Proposal Content

a. Written proposals shall not exceed fifty (50) printed pages (two-sided counts as two pages). This excludes cover, table of contents divider tabs and any required forms to be signed. Shorter proposals are encouraged.

b. If submitting as a team, the lead firm and subconsultant shall clearly be identified in the proposal. Only a single contract will be awarded.

c. To facilitate review of multiple proposals, it is required that each proposal be prepared in a common format: Divider tabs are required and shall correspond to the numbers below:

1. Cover letter (1 page)

2. Physical location and capabilities for firm and each subconsultant planned to perform the tasks identified in the scope of services. (1-2 pages)

3. Firm experience with Chesterfield County. (1-2 pages)

4. List of up to five (5) similar projects to include: (1-2 pages each)

i. Project name

ii. Project location

iii. Brief description

iv. Name and current phone number of appropriate owner reference

v. Notes explaining any unusual circumstances or owner-requested changes.

5. Project understanding and approach. (1-5 pages)

6. Tentative design and construction schedule (1 page)

7. Proposed organizational chart to include a named overall project manager, key team members with their designated responsibilities and all subconsultants. (1-2 pages)

8. Single page resumes of key project team members. Identify geographic office location, education, licenses, years of experience, areas of expertise and list of relevant project experience. (1 page each)

d. Summary of why Offeror is the best choice for Chesterfield County. (1-2 pages)

VIII. INSTRUCTIONS

A. Submission and Receipt of Proposals

3. Offerors must submit proposals to the County either electronically or in hard copy.

If submitted electronically, proposals must be submitted via the County’s eProcurement system.

If submitted in hard copy, proposals must be delivered to:

Chesterfield County, Lane B. Ramsey Building c/o Procurement Department 9901 Lori Road P.O. Box 51 Chesterfield, Virginia 23832-0001 Monday-Friday 8:30 a.m. – 5:00 p.m.

All proposals, whether submitted electronically or in hard copy, must be received by the County no later than the date and time specified on the cover sheet.

4. If a proposal is submitted electronically and the offeror is invoking Code of Virginia § 2.2-4342F and providing Attachment D, the offeror must include both an unredacted copy and a redacted copy of the proposal with the submission.

5. If a proposal is submitted in hard copy, the offeror must submit one (1) original hard copy and one (1) electronic copy on USB Drive, and if the offeror is invoking Code of Virginia § 2.2-4342F and providing Attachment D, the offeror must also submit one

(1) redacted hard copy and one (1) redacted electronic copy on USB. Proposals that are submitted in hard copy will be digitized by the County, and the County’s digital file will become the permanent record of the proposal.

6. NOTE: If the proposal is submitted in hard copy, the electronic copy of the proposal on the USB drive must be an exact match of the paper copy, including signatures on all required forms, pamphlets, charts, promotional material, etc. There should be no deviation between the hard copy and the electronic copy.

7. Except as provided in Section IV.A.3, above, an offeror should not submit a proposal in both hard copy and electronically, but instead should choose only one method of submitting a proposal.

8. Should the offeror decide to utilize an express delivery service or hand deliver, please note that the Lane B. Ramsey Building is located at the intersection of Ironbridge Road (State Route 10) and Lori Road. All hard copy proposals shall be delivered to the Lobby. Hours for the Lane B. Ramsey Building are Monday – Friday 8:30 a.m. – 5:00 p.m.

9. For hard copy submissions, the offeror must mark the outside of the envelope with RFP# 26000308 and proposal subject, Point of Rocks Water Supply Intake and Pump Station Construction Phase Services.

10. It is the sole responsibility of each offeror for ensuring that their hard copy proposal is stamped by Procurement Department personnel or a Procurement Department designee before the deadline indicated in Paragraph A of these instructions or that their electronic proposal is accepted through the County’s eProcurement system before the deadline indicated in Paragraph A of these instructions; acceptance of an electronic submission may be verified through the offeror’s supplier account in the eProcurement system. Proposals and/or any addenda pertaining thereto that are received after the date and time indicated in Paragraph A of these instructions, whether by mail, electronically, or otherwise, will not be considered and will be returned to the offeror. However, nothing in this RFP precludes the County from requesting additional information at any time during the procurement process from any offeror.

11. In the event that Chesterfield County government offices are not operating under normal staffing levels or if the location for pre-proposal meetings or receipt of proposals is inaccessible due to inclement weather or other emergency situations at the published time, the proposal submission or pre-proposal meeting will default to the next regular business day at the same time.

12. If you are an individual with a disability and require a reasonable accommodation, please notify the Procurement Department at (804) 748-1617, three working days prior to need.

13. Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals. Any requirements listed herein are intended to describe qualifications, certifications and/or experience considered to be vital and should be used as guidelines for proposal submission. Firms not meeting specific requirements listed herein are encouraged to list and/or demonstrate alternate qualifications, certifications and/or experience for consideration.

14. Any proposal submitted MUST include the cover sheet which has been signed by an individual authorized to bind the offeror. All proposals submitted without such signature will not be considered. Proposals submitted electronically may be executed by electronic signatures.

a. If the offeror is a corporation, the offeror shall show the title of the individual signing the proposal, and if the individual is not the president, vice president, or chief executive officer of the corporation, if requested, the offeror shall submit proof that the individual has the authority to bind the corporation.

b. If the offeror is a partnership, the offeror shall show the title of the individual signing the proposal, and if the individual is not the general partner of the partnership, if requested, the offeror shall submit proof that the individual has the authority to bind the partnership.

c. If the offeror is a limited liability company, the offeror shall show the title of the individual signing the proposal, and if the individual is not a member or manager of the limited liability company, if requested, the offeror shall submit proof that the individual has the authority to bind the limited liability company.

15. Proposals shall not be accepted via fax or email.

16. For information pertaining to the decision to award and/or award on this procurement transaction, offerors may access public notification electronically at www.chesterfield.gov/procurement.

B. Submittal Format

In order to facilitate the analysis of responses to this RFP, offerors should prepare the proposal in accordance with the instructions outlined in this section and should structure the proposal so that it contains individual tabs/sections detailing proposed services.

3. Offeror’s responses should be prepared as simply as possible with straightforward, concise descriptions of their capabilities to satisfy the requirements of this RFP.

4. Expensive bindings, color displays, promotional materials, demo CDs, etc., are not http://www.chesterfield.gov/procurement needed. Emphasis should be concentrated on accuracy, completeness, and clarity of content. All information should be presented in a non-technical format to ensure understanding. All responses should be tailored specifically for the County.

5. The County encourages proposals that provide innovative alternatives to addressing the County’s existing needs as described in the solicitation. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. The County is under no obligation to consider or negotiate information or documentation that is submitted not in compliance with the requirements herein or that is submitted by an offeror after the deadline for submission of the proposal identified in Section IV(A)(1) above. Notwithstanding the preceding sentence, the County may, in its sole discretion, consider and/or negotiate such submissions.

6. Detailed Submittal Format

a. Introduction letter signed cover sheet, completed Attachment A – Virginia State Corporation Commission (SCC) Registration Information form, and addenda acknowledgement, if applicable.

b. Executive summary – Provide a narrative, prepared in non-technical terms, summarizing the offeror’s proposal. The executive summary should identify the primary contact for the offeror including name, address, telephone number and email address.

c. A detailed description of the services to be provided which addresses each of the topics listed in the Scope of Work/Specifications. Clearly state the offeror’s ability to meet or exceed the requested services.

d. Statement of qualifications and capacity of firm to provide services required in the RFP. The offeror should include a description of the organizational and staff experience as it relates to meeting the County’s needs, including experience administering similar contracts for governmental entities. The response should address the offeror’s size, structure, and number of years in business.

e. Key Individuals – The offeror should provide a list of key individuals to be assigned to the County’s contract, specify their role in administering the contract, and provide a current biography/resume for each individual.

f. References - All offerors should include a list of a minimum of five (5) references, from similar projects/contracts, who could attest to the offeror’s knowledge, quality of work, timeliness, diligence, flexibility, and ability to meet budget constraints. Include names and addresses, contact persons, phone numbers and e-mail addresses of all references. The County reserves the right to contact references other than, and/or in addition to those furnished by an offeror.

References may or may not be reviewed or contacted at the discretion of the County.

IX. TERMS AND CONDITIONS

The following terms and conditions are applicable to, and incorporated by reference in, any governmental procurement from a nongovernmental source conducted by the Chesterfield County Procurement Department (or pursuant to delegated purchasing authority) on behalf of all Chesterfield County public bodies, as public bodies are defined in Code of Virginia Section 2.2-4301, as amended, including any agencies, boards, authorities, or other entities for which the Chesterfield County Procurement Department acts as purchasing agent. The term “County” as used herein, or in any general or special terms and conditions means the applicable entity or entities listed above that is/are procuring goods and/or services from a nongovernmental source.

“Contractor” means the nongovernmental entity entering into an agreement with the County to provide goods and/or services to the County. “Contract” means the agreement between the County and the Contractor for the provision of goods and/or services to the County.

NOTE: Certain terms and conditions may not be applicable based on the method of procurement and the good/service being procured.

GENERAL TERMS AND CONDITIONS: SOLICITATION PROCESS

The following terms and conditions in this section describe certain aspects of the solicitation process. Additional aspects of the solicitation process may be described in other sections of the IFB. The terms and conditions in this Section A form part of the contract.

Addenda: No changes or supplemental instructions to a solicitation shall be applicable unless in the form of written addenda. Most addenda are downloadable from the Procurement Department web site at: www.chesterfield.gov/ping. Each bidder/offeror is responsible for obtaining all addenda posted at the Procurement Department website or by calling (804) 748-1617. Acknowledgement of receipt of all addenda shall be in the space provided within the solicitation or by returning a copy of each signed addendum. Failure to do so may result in rejection of the bid/proposal. All addenda issued shall become part of the solicitation and all resulting contract documents.

Prior Defaulted Contracts: The County may, in its sole discretion, choose not to make an award to a bidder/offeror who has previously had a contract with the County terminated for the bidder’s/offeror’s default or has been debarred by another public entity. This provision also applies if any parent company, principal, officer, or wholly owned subsidiary of the bidder/offeror has had a contract with the County terminated for default.

3. Proprietary Information: Code of Virginia Section 2.2-4342(F), as amended, states: "Trade secrets or proprietary information submitted by a bidder, offeror, or Contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of §2.2‐4317 shall not be subject to the Virginia Freedom of Information Act (2.2‐3700 et seq.); however, the bidder, offeror or Contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to http://www.chesterfield.gov/ping be protected, and (iii) state the reasons why protection is necessary.” If the exemption from disclosure provided by Code of Virginia Section 2.2‐4342(F), as amended, is not properly invoked then the bids/proposals will be subject to disclosure pursuant to applicable law.

4. References: If requested, the bidder/offeror shall provide references which document past work performance and experience in the type of work required for the Contract. The County may contact all references furnished by bidders/offerors. The right is further reserved by the County to contact references other than, and/or in addition to, those furnished by the bidder/offeror.

5. Technology Agreements: Offerors must submit with their proposal any terms of service, term of use, end user license agreements, software license agreements, or any other term and conditions that are required to use or support the product or service being provided. The provisions of any such terms and conditions that are submitted with a proposal will be negotiated with the offeror if the offeror is selected for an award of the Contract.

6. Vendor Rewards/Gift Programs: It is the policy of the County not to participate in any rewards programs offered by vendors and not to accept any gifts or gift cards, or other rewards from vendors for purchases made by the County. Any bidder/offer who provides rewards programs, gifts or gift cards, or other rewards to its customers for purchases made by such customers, must identify this fact in its bid/proposal and demonstrate in the bid/proposal how it has applied the value of such rewards to a reduction in the price of the goods and/or services being offered to the County.

B. GENERAL TERMS AND CONDITIONS: CONTRACT TERMS

The terms and conditions in this Section B form part of the Contract.

3. Appropriation of Funds: The continuation of the terms, conditions, and provisions of the Contract beyond the end of the County’s fiscal year on June 30 of any year is subject to approval and ratification by the Chesterfield County Board of Supervisors, and the School Board of Chesterfield County, as applicable, and appropriation by them of the necessary money to fund the Contract for each succeeding year. In the event of non-appropriation of funds, the Contract shall be automatically terminated with no recourse for the Contractor.

4. Assignment of Contract: The County and Contractor bind themselves and any successors, and assigns to the Contract. The employees of the Contractor shall perform the work necessary to fulfill the Contract. The Contractor shall not assign or transfer any of its interest in the Contract without the prior written consent of the County. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and Contractor.

5. Audit of Vendor Records: Contractor shall maintain full and accurate records with respect to all matters covered under the Contract including, without limitation, accounting records, written policies and procedures, time records, telephone records, reproduction cost records, travel and living expense records and any other supporting evidence necessary to substantiate charges related to the Contract and to verify Contractor’s compliance with the Contract. Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours by the County and its employees, agents or authorized representatives to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor pursuant to the Contract. Such records subject to examination shall also include, without limitation, those allocations as they may apply to costs associated with the Contract. The County shall have access to such records from the effective date of the Contract, for the duration of the Contract, and until three (3) years after the date of final payment by the County to the Contractor pursuant to the Contract. The County’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 in compliance with this paragraph.

6. Change Orders: Change orders must be approved by the County prior to work being performed.

7. Click-Through and Shrinkwrap Terms and Conditions: No click‐through or shrinkwrap terms or conditions or any terms and conditions that are provided on Contractor’s website, attached to or embedded within Contractor’s goods or services, provided on any mobile application, or included on any quote or other document provided by Contractor will be binding on the County or its officers, officials, employees, or agents, and any such terms and conditions are null and void.

8. Commitment to Diversity and Chesterfield Businesses:

Chesterfield County is a growing progressive community consisting of an increasingly diverse population. This diversity provides for a dynamic and robust community that promotes growth. Chesterfield County believes that all of its citizens should benefit from this economic growth without regard to race, color, religion or economic status. The County is committed to increasing the opportunities for participation of minority‐owned businesses, service-disabled veteran‐owned businesses, small businesses, women‐owned businesses, military family-owned businesses, and businesses located in Chesterfield County to ensure diversity in its procurement and contract activities. Upon entry into the Contract and/or upon completion of work, the County may require the Contractor to furnish data regarding subcontractor/supplier activity with minority-owned businesses, service-disabled veteran-owned businesses, small businesses, women-owned businesses, military family-owned businesses, and businesses located in Chesterfield County on a Certification of Subcontractor/Supplier Activity form. The form will be provided to the Contractor by the County’s Procurement Department. This information will enable the County to document the dollar level of activity and measure the success of its efforts in this endeavor.

Definitions:

i. Chesterfield Business (CB) – any private business enterprise, located within the jurisdictional boundaries of Chesterfield County.

ii.Minority-Owned Business (MOB) – a business that is at least 51% owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more minority. (Code of Virginia Section 2.2-4310, as amended) iii.Service Disabled Veteran-Owned Business (SDVOB) – a business that is at least 51% owned by one or more service disabled veterans or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both the management and daily business operations are controlled by one or more individuals who are service disabled veterans. (Code of Virginia Section 2.2-4310, as amended) iv.Small Business (SB) – a business independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees, or annual gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners shall control both the management and daily business operations of the small business. (Code of Virginia Section 2.2-4310, as amended) v.Women-Owned Business (WOB) – a business that is at least 51% owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women. (Code of Virginia Section 2.2-4310, as amended) vi.Military Family-Owned Business – a business that is at least 51 percent owned by one or more person within the definition of “military family” or, in the case of a corporation, partnership, or limited liability company or other entity, in which at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are persons within the definition of “military family” and both the management and daily business operations are controlled by one or more individuals who are persons within the definition of “military family.” (Code of vii.Military Family – (i) a member of the uniformed forces, as defined in 10 U.S.C.

§ 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. §10101, (ii) a veteran as defined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50. (Code of

This provision only applies to contracts valued in excess of $10,000. If the Contractor intends to subcontract work as part of its performance under the Contract, the Contractor shall include in the proposal a plan to subcontract to small, women-owned, minority-owned, and service-disabled veteran-owned businesses, and military family-owned businesses. (Code of Virginia Section 2.2-4310, as amended)

9. Confidentiality of County Data: Unless expressly authorized by the County, Contractor and its officers, employees, and agents shall use County data only for the purpose of fulfilling its duties under the Contract and shall not disclose (in any form, including written or verbal) any County data to anyone other than its employees and agents who need to access the County data to fulfill Contractor’s obligations under the Contract. Contractor must ensure that its employees and agents who perform work under the Contract are bound by the same confidentiality and nondisclosure provisions as contained in this section. Contractor agrees to assume all responsibility for ensuring the privacy, confidentiality, and security of County data released to Contractor under the Contract through the use of necessary and appropriate security and technical controls. The provisions of this paragraph shall not apply to any data that (i) was already known to Contractor prior to its disclosure to Contractor by the County, (ii) was or becomes generally known to the public (other than by act of Contractor), or (iii) is disclosed or made available in writing to Contractor by a third party who does not have an obligation of confidentiality to the County.

10. Contractor Background Checks: In order to preserve the integrity and security of County government operations, the County will conduct criminal background checks for any contract workers who will have physical unsupervised access to County designated Security Sensitive areas. Contract workers providing goods, services or construction in these designated areas are required to confine themselves to the area of the work. Based on the results of the background check, the County may, in its sole discretion, disqualify a contract worker from providing work/services for the County.

11. Contractor’s Authorization to Transact Business: In accordance with Code of Virginia Section 2.2-4311.2, as amended, all contractors organized as stock or nonstock corporations, limited liability companies, business trusts, or limited partnerships or registered as registered limited liability partnerships must be authorized to transact business in the Commonwealth as domestic or foreign business entities if so required by Title 13.1 or Title 50 or as otherwise required by law. If Contractor is organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, then Contractor shall provide to the County the identification number issued to it by the State Corporation Commission. If Contractor is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required law, then Contractor shall provide the County with a statement describing why the Contractor is not required to be so authorized. The Contractor shall not allow its corporate or partnership existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of the Contract.

The County may void the Contract if the Contractor fails to remain in compliance with the provisions of this section.

12. County Data: “County data” means all County information that is not intentionally made generally available by the County on public websites or publications, including but not limited to business, administrative, and financial data, intellectual property, patient, student, and personal data, and Personally Identifiable Information.

“Personally Identifiable Information” includes but is not limited to: personal identifiers such as name, address, phone number, date of birth, Social Security number, driver’s license number, and student or personnel identification number; “personal information” as defined in Virginia Code Section 18.2-186.6 and/or any successor laws of the Commonwealth of Virginia; personally identifiable information contained in student “education records” as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; “medical information” as defined in Virginia Code Section 32.1-127.1:05; “protected health information” as defined in the Health Insurance Portability and Accountability Act, 45 C.F.R. Part 160.103; nonpublic personal information as that term is defined in the Gramm-Leach-Bliley Financial Modernization Act of 1999, 15 U.S.C. 6809; credit card and debit card numbers and/or access codes and other cardholder data and sensitive authentication data as those terms are defined in the Payment Card Industry Data Security Standards;

other financial account numbers, access codes; and state- or federal-identification numbers such as passport, visa, or state identity card numbers.

County data may not be used in the training of any artificial intelligence, machine learning, or any other type of system, unless authorized by the County. Any content generated from County data that is created, altered, or assimilated by artificial intelligence will remain the property of the County.

13. Default: If the Contractor fails to deliver the goods or services in accordance with the Contract terms and conditions, the County may, without prejudice to any other right or remedy, and after giving the Contractor seven (7) days’ notice, obtain the goods or services from other sources. In such event, the Contractor shall be liable to the County for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have, and the County may exercise this right either separately from or in addition to its right to terminate the Contract for cause as provided herein.

14. Drug Free Workplace: (Code of Virginia Section 2.2-4312, as amended) This provision only applies to contracts in excess of $10,000.

a. During the performance of the Contract, the Contractor agrees to:

i. Provide a drug-free workplace for the Contractor’s employees;

ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

iii. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and

iv. Include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

15. Employment Discrimination: (Code of Virginia Section 2.2-4311, as amended) This provision only applies to contracts valued in excess of $10,000.

a. During the performance of the Contract, the Contractor agrees as follows:

i. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

ii. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such is an equal opportunity employer.

iii. If the contractor employs more than five employees, the contractor shall provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource

Management, and post the contractor's sexual harassment policy in a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and the contractor's employee handbook.

iv. Notices, advertisements and solicitations placed…