836891utilRiva.pdf

RIVANNA WATER & SEWER AUTHORITY

Charlottesville, Virginia

PROJECT REQUIREMENTS

AND

INVITATION FOR BIDS

FOR

UNDERGROUND UTILITY LOCATION AND

MARKING SERVICES

IFB# 447

July 31, 2026

Rivanna Water & Sewer Authority

INVITATION FOR BIDS (IFB)

Issue Date: July 31, 2026 IFB # 447 Title: Underground Utility Location and Marking Services

Issuing Agency: Rivanna Water & Sewer Authority

695 Moores Creek Lane Charlottesville, VA 22902

Location Where Work Will Be Performed: Albemarle County and Charlottesville, Virginia

Period of Contract: Initial Term: 12 months Renewals: Up to four (4) 12-month terms upon mutual agreement

Non-Mandatory Online Pre-Bid Meeting: August 12, 2026, 11:00 a.m. (EST)

Final Date to Submit Questions: August 19, 2026

Sealed Bids Will Be Received Until: Thursday, August 27, 2026 at 3:00 PM EST

Direct All Inquiries for Information To:

TECHNICAL CONTACT PROCUREMENT CONTACT

Josh Bowen Miranda Baird, VCA Engineering Inspector Supervisor Procurement Coordinator 695 Moores Creek Lane 695 Moores Creek Lane Charlottesville, VA 22902 Charlottesville, VA 22902

(434) 977-2970, ext. 185 (434) 977-2970, ext. 137 Email: jbowen@rivanna.org Email: mbaird@rivanna.org

IF BIDS ARE MAILED OR HAND DELIVERED, ADDRESS TO:

Rivanna Water & Sewer Authority Administration Office Attn: Miranda Baird, IFB # 447 695 Moores Creek Lane Charlottesville, VA 22902

Rivanna Water & Sewer Authority 3

I. PROJECT REQUIREMENTS

The Rivanna Water & Sewer Authority (“RWSA”) is soliciting bids from experienced, qualified, and interested firms to provide Underground Utility Locating and Marking Services related to the raw and treated drinking water and sewer piping systems, storage facilities, pumping stations, and other related conveyance infrastructure owned or operated by the RWSA, located in Albemarle County and the City of Charlottesville, pursuant to the terms and conditions hereinafter set forth in or referred to in this Invitation For Bids (IFB). Services shall be provided in accordance with this Invitation for Bids (including Bid Submittal Form and Bid Form), Appendix A (General Terms and Conditions), Appendix B (VA 811 Positive Response Codes), and Appendix C (Client Reference Sheet).

The RWSA intends to make an award to one Bidder (also referred to herein as “Contract Locator”) it deems to be the lowest responsive and responsible bidder.

Non-Mandatory Online Pre-Bid Meeting: August 12, 2026, at 11:00 a.m. EST.

Meeting URL: https://teams.microsoft.com/meet/257940892868537?p=fYYikFjxJ5yO3V2O1L Meeting ID: 257 940 892 868 537 Passcode: kZ39A3rJ

II. BACKGROUND

The Rivanna Water and Sewer Authority (“RWSA”) is a regional non-profit corporation and political subdivision of the Commonwealth chartered in 1972 under the Virginia Water and Sewer Authorities Act (1950, as amended). The RWSA owns and operates multiple water and wastewater treatment facilities and provides finished water distribution and wastewater collection services to two wholesale customers: the City of Charlottesville Public Utilities Division (the “City”) and the Albemarle County Service Authority (the “ACSA”). The City and ACSA own and operate numerous smaller water and sewer mains and provide all retail services within the RWSA service area including service to the University of Virginia.

The RWSA’s potable water transmission system consists of approximately 50 miles of ductile iron, cast iron, and transite pipe of varying diameters and is designed to deliver potable water from its water treatment plants to the City and ACSA systems for distribution to their customers. RWSA also owns and maintains approximately 22 miles of raw water transmission lines.

In addition to raw and finished water transmission piping, the Authority owns and operates eight

(8) raw water pumping stations and five (5) finished water pumping stations, and 12 water storage tanks.

The RWSA’s sanitary sewer collection system consists of approximately 42 miles of ductile iron, vitrified clay, and reinforced concrete gravity sewer pipe ranging from 8-inch to 60-inch diameter, and approximately six (6) miles of sanitary sewer force main ranging from 8-inch to 36-inch diameter. The system is designed to collect sewage from ACSA and City customers to be conveyed to one of RWSA’s wastewater treatment facilities. Most of the Urban and Crozet areas are served by the Moores Creek Advanced Water Resource Recovery Facility (MCAWRRF). The RWSA also operates a few smaller wastewater treatment facilities in Glenmore, Scottsville, and at Stone Robinson Elementary School.

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Sewage from the Crozet area is pumped via sanitary sewer force main into the urban collection system through a series of four pump stations. Sewage from the urban area passes through one of two large urban pump stations; the Rivanna Pump Station which generally serves the north and east areas of the City and Albemarle County, and the Moores Creek Pump Station, which serves areas in the south and west.

III. DEFINITIONS

The Act: Underground Utility Damage Prevention Act, Title 56, Chapter 10.3 of the Code of Virginia, governs excavation and demolition activities that may affect underground utility lines in Virginia.

Closing out: term used to describe the completion of a Locate Request Notice. It requires that the date, time and contact person’s name must be noted on the hard copy of the Locate Manifest.

Contract Locator: means any firm contracted by the Authority specifically to determine the approximate horizontal location of the Authority’s utility lines/facilities that may exist within the area specified by a locate request. Firm must be licensed to do business in the Commonwealth of Virginia.

Corridor: a strip of land, the boundary of which is clearly indicated by the marking on the surface by paint, stakes, flags, or other means in conformance with the Act.

Damage: means any impact upon or removal of support from an underground facility as a result of excavation or demolition which according to the operating practices of the operator would necessitate the repair of such facility

Excavation: any operation moving or displacing earth, rock, or other materials using tools, equipment, or explosives, including trenching, digging, grading, tunneling, or demolition that could damage underground utilities.

Locate: The process of identifying and marking the horizontal position of underground utilities using approved locating equipment (such as electromagnetic instruments, ground-penetrating radar, or equivalent proven technology). A completed locate requires:

1. Receiving a valid locate request ticket from the VA811 notification center delivered in accordance with The Act.

2. Field-marking the specified area of excavation or demolition.

3. Assigning and submitting the appropriate Positive Response Code to the ticket via the

VA811 Exactix online portal (exactix.va811.com).

Locate request: A VA811 Ticket, formally known as a Notice of Intent to Excavate, is issued to the Contract Locator to identify the boundaries of an upcoming excavation near underground utility lines. The ticket includes the excavator's contact details and establishes the strict "Due By" date for assigning a mandatory positive response code.

RWSA: means the Rivanna Water and Sewer Authority

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IV. SCOPE OF SERVICES

The Contract Locator shall provide all resources required to determine the approximate horizontal location of RWSA’s underground utility lines that may exist within the area specified by the Locate Request, as well as other related services. Services provided shall be inclusive of all direct and indirect costs associated with performing tasks under the contract. Locating services shall be provided on an “as needed” basis in accordance with Locate Request Notices directed to RWSA under the provisions of Underground Utility Damage Prevention Act, Va. Code § 56-265.14, 2024 (“The Act”), and those of Virginia Utility Protection Service, Inc. (Virginia811). The RWSA generally receives about 1,000 Locate Request Notices per month, with field location required for about 200 Requests per month.

Contract Locator Responsibilities The Contract Locator is required to:

1. perform the duties of this contract in accordance with the code of Virginia 56-265.19. If a proposed excavation or demolition is planned in such proximity to a underground utility line in which the utility line may be destroyed, damaged, dislocated, or disturbed, the operator shall mark the approximate horizontal location of the underground utility line on the ground to within two (2) feet of either side of the underground utility line by means of stakes, paint, flags, or a combination thereof. The Contract Locator shall mark the underground utility line and report the marking status to the excavator-operator information exchange system within 48 hours that begins at 7:00 a.m. the next working day, unless the Contract Locator is unable to do so due to extraordinary circumstances. The Contract Locator shall determine the existence of underground utilities at the location as accurately as possible utilizing state-of-the-art equipment for detecting underground utilities. The Contract Locator shall take photographs of all markings showing their relative location to adjacent identifiable landmarks (curbs, structures, trees, etc.), retain those photographs for five (5) years, and make them available to RWSA if needed.

If the Contract Locator is unable to mark the location within the time allowed under this section due to extraordinary circumstances, the Contract Locator shall notify directly the person who proposes to excavate or demolish and shall, in addition, notify the person of the date and time when the location will be marked. The deferral to mark for extraordinary circumstances shall be no longer than 96 hours from 7:00 a.m. on the next working day following notice to notification center, unless a longer time is otherwise agreed upon by the Contract Locator and excavator. The appropriate RWSA utility representative shall also be notified.

If the Contract Locator performing duties under this contract for the RWSA should fail to perform duties imposed by the code of Virginia (Virginia Underground Utility Damage Prevention Act and Commission Rules for the Enforcement of the Underground Utility Damage Prevention Act) 56-265.19 is subject to the liabilities in 56-265.25 and the civil penalties in 56-265.32.

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The Contract Locator shall monitor and respond to Emergency or 3-Hour notices from Monday through Friday during normal business hours (7:00 a.m. – 5:00 p.m.). The response must occur as soon as possible, but strictly within three (3) hours of the locate request ticket’s Transmit timestamp.

All work shall conform with and meet the requirements of the National Utility Locating Contractors Association (NULCA) and Virginia Utility Marking Standards.

The Contract Locator will work under the supervision of the RWSA designated representative responsible for monitoring the execution of this contract and will interact with other RWSA groups and may interact with other RWSA representatives. The Contract Locator will have access to RWSA GIS maps and “As-Built” plans.

The RWSA and the Contract Locator may add additional work related to underground locating services under this contract by mutual agreement.

REPORTS: In the event Contract Locator encounters any RWSA underground facilities that are identifiable, but unlocatable, Contract Locator shall contact the respective Project Manager or designee after having exhausted reasonable efforts to locate such facility. Contract Locator will submit a deficiency report to the RWSA and the RWSA will either assist Contract Locator or complete said locates at no cost to Contract Locator. Identifiable, but “Un-locatable" facilities are defined as facilities whose presence is known but which cannot be located with reasonable accuracy using electronic devices designed to respond to the presence of such underground facilities. The locator will be required to locate up to the point of break along tracer wire. The Contract Locator will also submit a deficiency report for broken water valve boxes, sewer manhole covers, and hand-holes.

2. have a minimum of five (5) years of experience providing underground locating and marking services and other related services in the state of Virginia as identified herein and in accordance with Virginia811 requirements.

3. shall comply with the “Act” and all Federal, State, and local laws, ordinances, rules and regulations applicable to the services required.

4. obtain all permits, licenses, and certificates as may be required by federal, state and local laws, ordinances, rules, and regulations, necessary for the proper execution and completion of the work under the resulting contract.

5. provide, at its own expense, an office equipped with cellular and electronic communication devices, office equipment, and locating supplies and tools as may be required for proper performance under the contract.

6. maintain the ability to process industry standard Geospatial file formats, which may include Shapefiles (.shp), File Geodatabases (.gdb), Google Earth (.kml, .kmz), AutoCAD (.dwg, .dxf), or as generated by the latest RWSA GIS software (ESRI ArcGIS Pro), and utilize software capable of reading documents in Portable Document Format (.PDF), for As-Built and Record Drawings.

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7. provide locating services during normal hours (7:00 a.m. – 5:00 p.m.) and working days (Monday – Friday). Services beyond these hours and days may be required during emergencies or other special events as determined by RWSA. RWSA will process all incoming location requests and assign field locations to the Contract Locator by the first business day after receipt. Emergency or 3-Hour Locate Request Notices received outside of normal business hours will generally be the responsibility of the RWSA.

8. provide administrative capabilities and support including, but not limited to, recording, dispatching and closing out of Locate Request Notices.

9. paint and/or flag all underground utilities owned by RWSA with designated colors for water, sewer, and any gas, electric, or communications utilities on RWSA properties.

10. maintain a record of each Locate Request Notice indicating the date and time the Locate Request Notice was received, name of person who received the Notice, the date and time a marking was made, the locating method used, and the type of facility marked, and if available, the type of RWSA resource used.

11. provide to RWSA a monthly report detailing the number of Locate Request Notices received, location where work was performed, the type of water/wastewater infrastructure located and marked, method of marking (i.e., painted, flagged, staked), and all charges associated with the work performed.

12. provide Standby Protection or Observation. The Contract Locator shall provide Standby Protection or Observation services upon request by the RWSA. Such services shall include, without limitation, situations where an excavation contractor is observed digging, boring, or disturbing the ground within 20 feet of RWSA utilities in the absence of an RWSA inspector. Upon request, the Contract Locator shall remain on-site to observe and document excavation activities until officially relieved by an RWSA inspector.

13. Critical Infrastructure Identification (Code 70): For any excavation (or other land disturbing activities) identified within 20 feet, or any “Blasting” activities are within 500 feet of RWSA critical facilities (as defined by RWSA records), the Contract Locator shall assign a '70' Positive Response code.

14. Excavator Notification Workflow: For all tickets assigned a '70' code, the Contract Locator shall, within 24 hours of marking, send a formal email notification to the excavator's point of contact and carbon copy (Cc) the designated RWSA representatives. This email must include the specific VA811 Ticket number, location details, and contact information for the RWSA inspector scheduler.

15. Inform RWSA of all changes to Virginia’s Underground Damage Prevention Act.

V. CONTRACT TERM

The contract term shall be for 12-months or one (1) year with the option of four (4) one (1) year renewals.

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VI. PRICE INDEXING

Pricing shall be fixed for the initial contract term ending 12 months after award. Each renewal term will be subject to a price adjustment, not to exceed a 3% increase or decrease based on the September CPI-U as published on the U.S. Department of Labor, Bureau of Labor Statistics. The RWSA shall receive the benefits of any price decreases. Firms may request a price adjustment for billable rates no more than once per renewal term. The adjusted price will be effective on the first day of the new contract renewal term. Requests for price adjustments must be submitted to the RWSA 60 days prior to the end of the current contract term. Price adjustment requests are to be submitted electronically to mbaird@rivanna.org.

Example Formula for Adjustment(s) †:

Index April 2024 April 2025

CPI-U 313.548 320.795

% of Change 2.31%

† Numbers above are for example purposes only. The actual CPI-U values must be researched and inserted at time of price adjustment request.

VII. ANTI-DISCRIMINATION OF FAITH-BASED ORGANIZATIONS

The RWSA does not discriminate against faith-based organizations.

VIII. ETHICS IN PUBLIC CONTRACTING

By submitting their proposal the offeror certifies that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. (Code of Virginia § 2.2-4367).

IX. JOINT AND COOPERATIVE PROCUREMENT

The Bidder acknowledges that, under § 2.2-4304 of the Virginia Public Procurement Act, any resulting contract may be used for joint and cooperative procurement. The Offeror agrees to extend the same terms, conditions, and pricing to other eligible public bodies, subject to applicable approvals and competitive procurement requirements.

Rivanna Water & Sewer Authority 9

Rivanna Water and Sewer Authority

INVITATION FOR BIDS

SUBMITTAL FORM

Issue date: July 31, 2026

IFB No. 447

Title: Underground Utility Locating and Marking Services

IFB Due Date: August 27, 2026; 3:00 PM EST

Bids will be received and opened at the Rivanna Administration Building, 695 Moores Creek Lane, Charlottesville, VA 22902-9016 or by 3 PM for those submitting electronic bids via eVA’s electronic bidding system.

BUSINESS/FIRM INFORMATION

BUSINESS NAME

ADDRESS

CITY STATE ZIP CODE

TELEPHONE No. FAX No.

EMAIL ADDRESS

VA CONTRACTOR LICENSE No. TAX IDENTIFICATION No.

In compliance with this Invitation for Bid and to all the conditions required by Appendix B, the Undersigned offers and agrees to furnish goods and/or services herein.

By my signature on this solicitation, I certify that this firm/individual is properly licensed for providing the goods and/or services specified.

Name (Please sign) Date

Name (Please print) Title

Rivanna Water & Sewer Authority 10

Rivanna Water and Sewer Authority

BID FORM

Issue date: July 30, 2026

IFB No. 447

Title: Underground Utility Locating and Marking Services

IFB Due Date: August 27, 2026; 3:00 PM EST

Bids will be received and opened at the Rivanna Administration Building, 695 Moores Creek Lane, Charlottesville, VA 22902-9016 or by 3 PM for those submitting electronic bids via eVA’s electronic bidding system.

Bidders shall ascertain prior to submitting a response that all Addenda issued have been received and shall acknowledge receipt and inclusion of all Addenda here:

Addendum #: Addendum #: Addendum #

Item Service Per Month Unit Qty. Unit Price TOTAL

1 Standard VA811 Locate & Code Ticket Each 200 $ $

2 Emergency VA811 Locate & Code Ticket Each 2 $ $

3 Standby Protection/Observation Hour 60 $ $

Item 1 + Item 2 + Item 3 = TOTAL BID AMOUNT $

Written Total Bid Amount:

Payment for each of these Items will be based on the actual quantity of Items authorized multiplied by the Unit Prices included in this Bid.

The undersigned declares that they are fully authorized to sign the proposal on behalf of the firm listed and to all conditions and provisions thereof.

Name (Please sign) Date

Name (Please print) Title

To Be Submitted with the Signed IFB Submittal Form and Signed Bid Form:

Terms & Conditions signed acknowledgement (Appendix A) Client Reference Form (Appendix C)

APPENDIX A April 2026 i

RIVANNA WATER & SEWER AUTHORITY

GENERAL TERMS AND CONDITIONS

GOODS AND NON-PROFESSIONAL SERVICES

Table of Contents

A. APPLICABLE LAWS & COURTS

B. ANTI-DISCRIMINATION

C. ANTI-DISCRIMINATION OF FAITH-BASED ORGANIZATIONS

D. ETHICS IN PUBLIC CONTRACTING

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986

F. DRUG-FREE WORKPLACE

G. NONDISCRIMINATION OF CONTRACTORS

H. FORCED OR INDENTURED CHILD LABOR

I. DEBARMENT STATUS

J. ANTITRUST

K. PRECEDENCE OF TERMS

L. COSTS OF BID/PROPOSAL PREPARATION

M. BID/PROPOSAL PRICE CURRENCY

N. HEADINGS

O. CLARIFICATION OF TERMS

P. ADDENDA

Q. INCLEMENT WEATHER/CLOSURE OF AUTHORITY OFFICES

R. OMITTED

S. SUBMISSION OF PROPRIETARY INFORMATION

T. DESIGNATED PERSONNEL

U. OMITTED

V. OMITTED

W. INSURANCE COVERAGE

X. MANDATORY USE OF AUTHORITY FORMS AND TERMS AND CONDITIONS FOR IFBs AND RFPs

Y. CONTRACTOR’S FORMS/BOILERPLATE CONTRACTS

Z. OWNERSHIP OF DOCUMENTS

AA. QUALIFICATIONS OF BIDDERS/OFFERORS

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH

CC. TESTING AND INSPECTION

DD. AVAILABILITY OF FUNDS

ii

EE. OBLIGATION OF BIDDER/OFFEROR

FF. BID ACCEPTANCE PERIOD

GG. NEGOTIATION WITH THE LOWEST BIDDER

HH. ANNOUNCEMENT OF AWARD

II. ASSIGNMENT OF CONTRACT

JJ. CHANGES TO THE CONTRACT

KK. CONTRACT EXTENSIONS

LL. OMITTED

MM. CONTRACTUAL CLAIMS

NN. DEFAULT

OO. INDEMNIFICATION

PP. CANCELLATION & TERMINATION OF CONTRACT

QQ. OSHA STANDARDS

RR. WARRANTIES

SS. PAYMENT

General Terms & Conditions for Goods and Non-Professional Services 1

RIVANNA WATER & SEWER AUTHORITY

GENERAL TERMS AND CONDITIONS

GOODS AND NON-PROFESSIONAL SERVICES

A. APPLICABLE LAWS & COURTS

This procurement transaction, and any resulting contract, shall in all aspects be governed by the laws of the Commonwealth of Virginia, notwithstanding its conflicts of law provisions. Any litigation with respect hereto shall be brought in the Circuit Court or General District Court of Albemarle County/Charlottesville, Virginia.

B. ANTI-DISCRIMINATION

By submitting their bid/proposal, bidder/offeror certify to the Authority that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of the contract, the contractor agrees as follows:

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

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

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

d. The requirements of these provisions 1. and 2. are a material part of the contract. If the contractor violates one of these provisions, the Authority may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from Authority contracting regardless of whether the specific contract is terminated.

2. The contractor will include in the provisions of No. 1 above in every subcontract or purchase order over $10,000, so that the provision will be binding upon each subcontractor or vendor.

C. ANTI-DISCRIMINATION OF FAITH-BASED ORGANIZATIONS

The Authority does not discriminate against faith-based organizations.

General Terms & Conditions for Goods and Non-Professional Services 2

D. ETHICS IN PUBLIC CONTRACTING

By submitting their bid/proposal the bidder/offeror certifies that their bid/proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. (Code of Virginia § 2.2-4367).

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986

By entering into a written contract with the Authority, the contractor certifies that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth of Virginia, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DRUG-FREE WORKPLACE

Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) to 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; and (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.

For the purposes of this paragraph, “drug-free workplace” means a site for the performance of work done in connection with the contract awarded to a contractor in accordance with this procurement transaction, where the contractor’s employees 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.

G. NONDISCRIMINATION OF CONTRACTORS

A bidder/offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, or disability, or any other basis prohibited by state law relating to discrimination in employment or because the bidder/offeror employs ex-offenders unless the Authority has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

H. FORCED OR INDENTURED CHILD LABOR

Applicable in all solicitations and contracts over $10,000:

During the performance of this contract the use of forced or indentured child labor is prohibited. Any prime contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor.

For the purposes of this section, “forced or indentured child labor” means all work or service exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for

General Terms & Conditions for Goods and Non-Professional Services 3 such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

I. DEBARMENT STATUS

By submitting their bid/proposal, bidder/offeror certify that they are not currently debarred by the federal government, the Commonwealth of Virginia, or any local government or public authority, from submitting bids/proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

J. ANTITRUST

By entering into a contract, a contractor conveys, sells, assigns, and transfers to the Rivanna Water and Sewer Authority all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Rivanna Water and Sewer Authority under said contract.

K. PRECEDENCE OF TERMS

The following General Terms and Conditions, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

STATUS, ANTITRUST, MANDATORY USE OF AUTHORITY FORMS AND TERMS AND CONDITIONS,

CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between the General Terms and Conditions and the Purchase Order General Provisions or any Supplemental/Special Terms and Conditions in this solicitation, the Purchase Order General Provisions or Supplemental/Special Terms and Conditions shall apply.

L. COSTS OF BID/PROPOSAL PREPARATION

Any costs incurred by the bidder/offeror in the preparation and submission of bids/proposals are the bidder/offeror responsibility. The Authority will not reimburse any bidder/offeror for any costs incurred as a result of a response to this

IFB/RFP.

M. BID/PROPOSAL PRICE CURRENCY

Unless stated otherwise in the solicitation, bidder/offeror shall state bid/offer in US dollars.

N. HEADINGS

Section, article and paragraph headings contained within this IFB/RFB have been inserted only as a matter of convenience and for reference; and they in no way define, limit, or describe the scope or intent of any term, condition or provision of this IFB/RFP.

O. CLARIFICATION OF TERMS

The Authority will assume no responsibility for oral instructions, suggestion, or interpretation of this bid/proposal. If any prospective bidder/offeror has questions about the specifications or other solicitation documents, the prospective bidder/offeror should contact the Authority technical or procurement representative as noted in this solicitation no later than five (5) working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the Authority. Questions should be in writing and electronic transmission is preferred. Questions submitted beyond the time specified above may be left unanswered if sufficient time does not allow a response to all prospective bidders/offerors without causing an unacceptable delay in the process.

P. ADDENDA

In the event there are any addenda, they will be posted to eVA the Commonwealth of Virginia’s web-based procurement system at https://eva.virginia.gov. It is the bidder’s/offeror’s responsibility to check the eVA website prior to the submittal deadline to ensure the bidder/offeror has a complete, up to date package.

General Terms & Conditions for Goods and Non-Professional Services 4

Q. INCLEMENT WEATHER/CLOSURE OF AUTHORITY OFFICES

If the Authority is closed for business on the date and time set by this IFB/RFP for receipt of bids/proposals, then bids/proposals will be accepted on the next scheduled business day up to the time of day specified on the original date specified for receipt of bids/proposals.

R. OMITTED

S. SUBMISSION OF PROPRIETARY INFORMATION

All information submitted to the Authority in response to this solicitation will constitute public information and will be available to the public for inspection upon request pursuant to the Virginia Freedom of Information Act (FOIA).

Pursuant to Code of Virginia § 2.2-4342, a Bidder/Offeror may request an exception to disclosure for trade secrets or proprietary information as such is defined under Code of Virginia § 59.1-336, part of the Uniform Trade Secrets Act.

In order to claim this exemption, the Bidder/Offeror shall perform ALL of the following: (i) include a written request indicating Bidder/Offeror’s desire to invoke the protections of Code of Virginia § 2.2-4342 with submitted proposal materials/data; (ii) specifically identify the data or other materials to be protected by clearly labeling each page containing applicable data as PROPRIETARY; and (iii) to the Authority’s satisfaction, articulate the rationale for why protection for the particular data or materials is necessary. The classification of the entire bid or proposal document, line item prices and/or total bid or proposal prices as proprietary or trade secrets is not acceptable.

Without waiving sovereign immunity or any other available defenses, the Authority asserts that failure to meet all of these requirements will result in the data or materials being open for inspection in response to a valid inquiry under FOIA and will serve to waive any right of the Bidder/Offeror to assert a claim against the Authority for disclosure of trade secrets or proprietary information.

Bidder/Offeror shall be responsible for intervening and defending, at its own expense, any demands made upon the Authority by third parties for production of any such items.

T. DESIGNATED PERSONNEL

The personnel designated in the management summary for key positions shall not be changed except with the permission of the Authority. Contractor may not substitute other staff or individual(s) without the prior, express written consent of the Authority. The Authority shall not be required to consent or accept any substitution(s) if to do so would require an increase in the compensation due to the Contractor under this Contract, or a reduction in the quantity or quality of the service by this Contract, as determined in the Authority's sole discretion.

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W. INSURANCE COVERAGE

By signing and submitting a bid/proposal under this solicitation, the bidder/offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder/offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

THIRD PARTY LIABILITY INSURANCE

General Terms & Conditions for Goods and Non-Professional Services 5

Third-Party Liability and Workers’ Compensation Insurance will be placed with an insurance carriers authorized to conduct business within the Commonwealth of Virginia and have an A.M. Best Rating of at least “A” during the entire term of this lease agreement via a Commercial General Liability, Business Auto Policy, a Workers’ Compensation insurance policy and an Excess Third Party Liability insurance policy as approved for use by the Commonwealth of Virginia’ Bureau of Insurance or a self-insured casualty program with an insurance organization acceptable to the Authority during the entire term of this contract.

Certificates of Insurance are to be provided to the Authority no later than thirty-days (30) prior to the start of any work by Contractor. A thirty-days (30) notice of cancellation, reduction in coverage, changes in any terms, conditions, limits, deductibles, retentions, etc. applicable to the Contractor’s insurance program will be provided to the Authority as they may occur during the term of this lease agreement.

All work and operations by either the Contractor or Authority or any subcontractor that is usual and incidental to the work being performed will be included in all insurance contracts provided by the Contractor.

For any insurance coverage proffered or provided on behalf of the Contractor, the Authority shall require a waiver of subrogation. The Contractor agrees and understands that the Authority will not waive subrogation.

The Authority will be included as an Additional Insureds on a Primary and noncontributory basis.

The minimum limits will be as follows:

Commercial General Liability General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (Any One Fire) $ 100,000 Medical Expense Limit (Any One Person) $ 5,000 Business Automobile Combined Single Limits $1,000,000 Uninsured Motorist $1,000,000 Hired, Rented and Leased Autos $1,000,000 Non-Owned Autos $1,000,000

Workers’ Compensation and Employers Liability Workers’ Compensation Statutory Benefits Employers Liability $500/$500/$500,000 or Amount Necessary for Excess Liability Underwriters

Excess Third-Party Liability General Aggregate $1,000,000 (or higher) Products-Completed Operations $1,000,000 Each Incident Limit $1,000,000 Over and Above these Primary Placements:

Commercial General Liability Business Auto Liability Including Hired and Non-Owned Auto Liability Employers Liability

Real and Personal Property of Contractor 100% of the value of the real or personal property being used to complete the contract.

General Terms & Conditions for Goods and Non-Professional Services 6

Plans, Charts, and Other Personal Property of the Contractor All plans, charts, and other personal property for the construction work of the Contractor will be provided to the Authority in either a hard paper copy or via a computer disc or fob at the Authority’s request. In either case, the documents will be insured for Valuable Papers and Records reproduction and the Electronic Data Processing reproduction protection so they can be reprinted by the Authority if necessary. A $100,000 Valuable Paper and Records minimum limit is suggested along with the same limits for EDP data reproduction coverages while in the care, custody, or control of the Contractor.

The Contractor will retain the records in their computer via the Cloud or at an off-site location for their protection during the term of this agreement and for at least 2 years after the work has been accepted by the Authority.

The Contractor’s personal property will be insured by the Contractor as per the Contractor’s direction to the Contractor’s insurance agent or insurance company.

The Contractor will be responsible for all the Contractor’s personal property used in the performance of this contract and while the personal property is in transit, at the job site, and then removed after the work has been completed.

All personal property used by the Contractor will remain the property of the Contractor during and after the life of this agreement and will be insured as per the Contractor’s options for limits, coverages, deductibles, terms, and conditions.

The Authority, their officials, officers, agents, and employees will be held harmless for any damages or loss to either the plans or the personal/real property of the Contractor and all Subcontractors.

X. MANDATORY USE OF AUTHORITY FORMS AND TERMS AND CONDITIONS FOR IFBs AND RFPs

(Insert wording below appropriate to the solicitation type as indicated:

1. (For Invitation for Bids): Failure to submit a bid on the official Authority form provided for that purpose shall be cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Authority reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Authority may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

2. For Request for Proposals: Failure to submit a proposal on the official state form provided for that purpose may be cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Authority reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

Y. CONTRACTOR’S FORMS/BOILERPLATE CONTRACTS

All written agreements, contracts, service agreements, account applications, forms and other documents, of any nature, that the successful Bidder/Offeror would require the Authority to sign in connection with any contract resulting from this procurement transaction, or the performance thereof by the Contractor, must be submitted along with the Contractor’s bid/proposal. Under no circumstances shall the Authority be required to agree to any contractual provisions (i) that would materially conflict with any requirement(s) of this IFB/RFP, (ii) that would affect the price, quality, quantity or delivery schedule for any goods or services, (iii) that would conflict with any requirements of the Virginia Public Procurement Act or, (iv) that would, in the Authority’s sole discretion, materially alter the overall combination of quality, price and various elements of required services that in total are optimal relative to the Authority’s needs, and the Contractor shall not condition its performance or delivery upon any such agreement by the Authority.

General Terms & Conditions for Goods and Non-Professional Services 7

Z. OWNERSHIP OF DOCUMENTS

All information, documents, and electronic media furnished by the Authority to the Contractor belong to the Authority, are furnished solely for use in connection with the Contractor’s performance of services required by this Contract, and shall not be used by the Contractor on any other project or in connection with any other person or entity, unless disclosure or use thereof in connection with any matter other than services rendered to the Authority hereunder is specifically authorized in writing by the Authority in advance. All documents or electronic media prepared by or on behalf of the Contractor for the Authority are the sole property of the Authority, free of any retention rights of the Contractor. The Contractor hereby grants to the Authority an unconditional right of use, for any purpose whatsoever, documents or electronic media prepared by or on behalf of the Contractor pursuant to the Contract, free of any copyright claims, trade secrets, or any other proprietary rights with respect to such documents.

AA. QUALIFICATIONS OF BIDDERS/OFFERORS

The Authority may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder/offeror to perform the work and the bidder/offeror shall furnish to the Authority all such information and data for this purpose as may be requested. The Authority reserves the right to inspect bidder’s/offeror’s physical facilities prior to award to satisfy questions regarding the bidder’s/offeror’s capabilities. The Authority further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the Authority that such bidder/offeror is properly qualified to carry out thew obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH

A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if no required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

CC. TESTING AND INSPECTION

The Authority reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

DD. AVAILABILITY OF FUNDS

It is understood and agreed between the parties herein that the Authority shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that, if the bid from the lowest responsible bidder exceeds available funds, the Authority may negotiate with the apparent low bidder to obtain a contract price within available funds in accordance with Standard Terms and Conditions Section AA “NEGOTIATION WITH THE

LOWEST BIDDER.”

EE. OBLIGATION OF BIDDER/OFFEROR

By submitting a bid/proposal, the bidder/offeror covenants and agrees he has satisfied himself, from his own investigation of the conditions to be met, he fully understands his obligation, and he will not make any claim for, or have right to cancellation or relief from the contract because of any misunderstanding or lack of information.

General Terms & Conditions for Goods and Non-Professional Services 8

FF. BID ACCEPTANCE PERIOD

Any bid in response to a solicitation shall be valid for 60 days. At the end of the 60 days, the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn within that time, it remains in effect until an award is made or the solicitation is cancelled.

GG. NEGOTIATION WITH THE LOWEST BIDDER

Unless all bids are cancelled or rejected, the Authority reserves the right granted by Code of Virginia § 2.2-4318 to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the Authority whenever such low bid exceeds the Authority’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by the Authority for this contract prior to the issuance of the written IFB. Negotiations with the low bidder may include both modifications of the bid price and other items required to be performed. The Authority shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the Authority wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the Authority and the lowest responsive, responsible bidder(s).

HH. ANNOUNCEMENT OF AWARD

Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Authority will publicly post such notice in eVA (eva.virginia.gov), and on the Authority's website (Rivanna.org) for a minimum of ten

(10) days.

II. ASSIGNMENT OF CONTRACT

A contract shall not be assignable by the contractor in whole or in part without the written consent of the Authority.

JJ. CHANGES TO THE CONTRACT

Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the scope of the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000,…