REQUEST FOR PROPOSAL

RFP 27-02

STORMWATER MANAGEMENT SERVICES

Town of Herndon

777 Lynn Street

Herndon, VA 20170

RELEASE DATE: August 18, 2026

DEADLINE FOR QUESTIONS: September 3, 2026

RESPONSE DEADLINE: September 22, 2026, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/herndon-va

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of

Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

Town of Herndon

REQUEST FOR PROPOSAL

Stormwater Management Services

1. Posting Notice

2. Introduction

3. Overview

4. Information for Offerors

5. Scope of Services

6. Proposal Submission

7. Proposal Preparation

8. Proposal Evaluation

9. Contract Award

10. ................................................................................... Co ntract Term

11. ................................................................................... Co ntract (Sample)

12. ................................................................................... Ve ndor Questionnaire

13. ................................................................................... Ge neral Terms & Conditions

Attachments:

A - Appendix A - Proposal Forms - RFP27-02

Request For Proposal #RFP 27-02 Title: Stormwater Management Services

1. Posting Notice

All times listed in this RFP are Eastern Standard Time.

Proposals shall be submitted electronically via the Town of Herndon's eProcurement Portal. Current solicitations can be viewed and downloaded here: https://procurement.opengov.com/portal/herndon-va.

To log in or register your company to receive notifications of the Town's solicitations, go to the Town's eProcurement Portal. On the registration form, enter the required information. Registration is free, so be sure to select your "category codes" for the type of work/services that you provide.

The Town uses eVA and OpenGov to notify and distribute solicitation documents. Solicitations are also advertised on the Commonwealth of Virginia's eVA Procurement Portal, where they may be downloaded and viewed.

A Non-Mandatory Pre-Proposal Conference will be held in person on Tuesday, September 1, 2026, at 1:30 p.m., in the Herndon Municipal Center, Hoover Conference Room, located at 777 Lynn Street, Herndon, Virginia 20170.

All questions or requests for information must be submitted through the procurement portal at https://procurement.opengov.com/portal/herndonva no later than 10:00 am on Thursday, September

3, 2026. The Town will answer all questions and inquiries through the procurement portal. Clarifications and additional information, if any, will be issued as addendums on the procurement portal. It is the responsibility of the prospective offeror to check the procurement portal for addenda or updates.

The Town will post addendums on its Procurement Portal at https://procurement.opengov.com/portal/herndon-va and the Commonwealth of Virginia Department of

General Services’ central electronic procurement website (eVA) https://eva.virginia.gov by 3:00 p.m on

Tuesday, September 8, 2026. The Town will post the award information on its Procurement Portal at https://procurement.opengov.com/portal/herndon-va .

The Town of Herndon reserves the right to reject any and all proposals or to accept the proposal(s) which, in its judgment, will be in its best interest.

NO PROPOSAL MAY BE WITHDRAWN FOR A PERIOD OF HUNDRED TWENTY (120) DAYS SUBSEQUENT TO

THE DATE OF THE PROPOSAL OPENING. Any proposal may be withdrawn PRIOR to the scheduled time for proposal opening or authorized postponement thereof.

https://procurement.opengov.com/portal/herndonva https://procurement.opengov.com/portal/herndonva https://procurement.opengov.com/portal/farmvilleva https://procurement.opengov.com/portal/herndon-va https://eva.virginia.gov/

2. Introduction

2.1. Summary

The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified licensed sources for

Stormwater Management Program Services, through professional services competitive negotiation, to assist in the implementation of the Stormwater Management Program and various improvements to the facilities owned by the Town. Services would include, but not be limited to, supporting the Town’s engineering staff to comply with General Virginia Pollutant Discharge Elimination System Permit

Regulations for Discharges of Storm Water from Small Municipal Separate Storm Sewer Systems (MS4).

Additional tasks may include: updating the Town’s stormwater management ordinance, standards, and policies; conducting stormwater system studies; assisting the Town with ArcGIS Online BMP inspection application; design of new best management practice (BMP) facilities or the retrofit of existing facilities;

inspections of existing BMP facilities and water quality structures in both public and private domains;

inspections of stormwater outfalls and associated water quality monitoring; and, assistance with federal and state stormwater-related grant funding. Additional engineering services may include general civil engineering, geotechnical engineering, land surveying, hydraulics engineering, hydrology, environmental, public communication and participation, cost estimation, and others as needed to fulfill the requirements of the contract

2.2. Background

The Town of Herndon is the third-largest town in the Commonwealth of Virginia and home to more than

24,500 residents. Amidst a 21st century Northern Virginia landscape of high-rise buildings, industrial complexes, and transportation hubs, Herndon maintains a small-town charm that is evident in its downtown, its neighborhoods, and its commercial areas.

2.3. Contact Information

Andrea Lourenco Department

Purchasing Agent Public Works - Engineering

777 Lynn Street

Herndon, VA 20170 Department Head

Email: andrea.lourenco@herndon-va.gov Michael Johnson

Phone: (703) 435-6800 ext. 2048

2.4. Timeline

Release Project Date: Tuesday, August 18, 2026

Pre-Proposal Meeting (Non-Mandatory): Tuesday, September 1, 2026,1:30 pm mailto:andrea.lourenco@herndon-va.govJohn

HMC Hoover Conference Room

Question Submission Deadline: Thursday, September 3, 2026,10:00 am

Proposal Submission Deadline: Tuesday, September 22, 2026,11:00 am

3. Overview

3.1. Purpose

The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified licensed sources for

Stormwater Management Program Services, through professional services competitive negotiation, to assist in the implementation of the Stormwater Management Program and various improvements to the facilities owned by the Town. Services would include, but not be limited to, supporting the Town’s engineering staff to comply with General Virginia Pollutant Discharge Elimination System Permit

Regulations for Discharges of Storm Water from Small Municipal Separate Storm Sewer Systems (MS4).

Additional tasks may include: updating the Town’s stormwater management ordinance, standards, and policies; conducting stormwater system studies; assisting the Town with ArcGIS Online BMP inspection application; design of new best management practice (BMP) facilities or the retrofit of existing facilities;

inspections of existing BMP facilities and water quality structures in both public and private domains;

inspections of stormwater outfalls and associated water quality monitoring; and, assistance with federal and state stormwater-related grant funding. Additional engineering services may include general civil engineering, geotechnical engineering, land surveying, hydraulics engineering, hydrology, environmental, public communication and participation, cost estimation, and others as needed to fulfill the requirements of the contract.

4. Information for Offerors

4.1. Offerors Responsibility

Offerors shall examine the scope of services, terms and conditions and locations of this Request for

Proposal and shall exercise their own judgment as to the nature and total amount of all work required for acceptable performance. The Town cannot accept any plea of ignorance of conditions that exist or that may hereinafter exist, or of conditions or difficulties encountered in the work as a result of failure to make the necessary examination and investigation as an excuse for any failure or omission on the part of the offeror to fulfill in every detail the requirements of this Request for Proposal or is acceptable as a basis for any claims whatsoever for extra compensation. Offerors shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies.

4.2. Competition Intended

The procurement of these services shall be in accordance with procedures of the Virginia Public

Procurement Act, Competitive Negotiation for Professional Services. It shall be the Offeror’s responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. The Purchasing Agent must receive such notification not later than ten (10) business days prior to the date set for acceptance of proposals.

4.3. Ethics in Public Contracting

A. The provisions contained in Sections 2.2-4367 of the Virginia Public Procurement Act as set forth in the

Code of Virginia (1950), as amended, are applicable to all contracts solicited or entered into with the Town of Herndon.

B. By submitting their proposal, all Offerors certify that their proposal are made without collusion or fraud and 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.

4.4. Debarment Status

By submitting a proposal and/or acceptance of a Town Purchase Order or Contract, all firms certify that they are not currently debarred from doing business with or in the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently debarred from doing business with or in the

Commonwealth of Virginia.

4.5. Qualifications

The Offeror shall provide the names, addresses, email addresses, and telephone numbers of at least three

(3) other firms or government agencies for whom a similar type of work has been performed in the past five (5) years.

A. The Town will consider, in determining the qualifications of a offeror, his record in performance of any contracts for the services into which he/she may have entered with the Town or with other public bodies or corporations; and, the Town expressly reserves the right to reject the proposal of such offeror, if such record discloses that said offeror, in the opinion of the Town, has not properly performed such contracts or has habitually and without just cause neglected the payment of bills, or has otherwise disregarded his obligations to subcontractors, suppliers or employees.

B. The Town will make an investigation as to the ability of the offeror to perform the work. The

Town of Herndon reserves the right to reject any proposal, if the evidence submitted by, or investigation of offeror, fails to satisfy the Town that such offeror is properly qualified by experience and financial status to carry out the obligations of the contract and to complete the work contemplated therein. The Town will not accept conditional offers.

4.6. Fee

The fee for services shall be negotiated on a task basis considering the Scope of Services required, the estimated manhours required for each level/discipline and the typical labor rates for the various skill levels required for the work.

4.7. Offeror Capabilities/Inspections

Upon request, any offeror may be required to give evidence that the offeror maintains a permanent place of business and has the following to support this: Adequate on-site inventory to deliver the items properly and expeditiously has adequate insurance for both itself and any subcontractors; has adequate financial status to meet obligations incidental to the work and has appropriate technical expertise. The offeror’s failure to demonstrate the capabilities and resources listed above shall result in a determination of non-responsibility and shall be cause of rejection of the proposal.

4.8. Additions/Deletions

The Town reserves the right to add similar items/services or delete items/services specified in the subsequent contract as requirements change during the period of the Contract. The Town of Herndon and the Contractor will mutually agree to prices for items/services to be added to the contract. Contract amendments will be issued for all additions or deletions.

4.9. Right to Reject Proposals

An authorized representative of the firm shall sign all proposals, and the Offeror shall submit all information as requested. Failure to submit all requested information may result in the rejection of the proposal.

The Town of Herndon reserves the right to cancel this RFP and/or reject any or all proposals and waive any informalities in any proposal.

4.10. Contract Order of Precedence

In the event of conflict, the provisions of the Contract and any subsequent amendments shall take precedence over any other contractual documents. The Contract consists of the following documents

(the “Contract Documents”), that in the event of conflict shall have the following priority (highest to lowest):

A. Contract Amendment(s)

B. Contract:

1. Solicitation and addendums

2. Signed Offeror’s Proposal as submitted

3. Duly Signed Summary of Negotiations and Acceptance

4.11. Delays and Suspensions

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

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

B. If the Town does not direct the Contractor, in writing, to suspend, delay, or interrupt the contract, the Contractor must give the Town Purchasing Agent written notice if the Town fails to provide data or services that are required for contract completion by the Contractor. The Town may extend the Contractor's time of completion by a period of time that in the discretion of the

Purchasing Agent is reasonably suited for completion of work. The Town may further amend the contract by mutual agreement for any increase in the cost of performance of the contract

(excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the Contractor.

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

4.12. Expenses Incurred in Preparing Proposal

The Town accepts no responsibility for any expense incurred by the offeror in the preparation and presentation of a proposal and such expenses are to be borne exclusively by the offeror.

4.13. Contractor Responsibility

A. The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the

Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.

B. Neither the Town’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Town in accordance with applicable law for all damages to the Town caused by the Contractor’s negligent performance of any of the services furnished under this contract.

C. The rights and remedies of the Town provided for under this contract are in addition to any other rights and remedies provided by law.

D. If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

E. Contractors shall be required to make necessary corrections at no cost to the town when the designs, drawings, specifications, or other items or services furnished contain any errors, deficiencies, or inadequacies. If, in a given situation, the town does not require a firm to correct such errors, the procurement official shall include a written statement of the reasons for that decision in the contract file.

5. Scope of Services

5.1. Project Scope

A. The firm shall have extensive experience with the General Virginia Pollutant Discharge Elimination

System (VPDES) Permit Regulations for Discharges of Stormwater from Municipal Separate Storm

Sewer Systems (MS4). The Consultant shall assist the Town in maintaining compliance with applicable federal, state, and local regulations, implementing and documenting Minimum Control

Measures (MCMs), evaluating program effectiveness, documenting required activities, preparing permit reports, supporting permit renewals, and providing regulatory guidance.

B. Prepare and maintain the Town's MS4 Program Plan, including compilation of the MS4 Annual

Report and associated DEQ submittals in accordance with permit deadlines. Prepare and maintain the Town TMDL Action Plans.

C. Assist the Town with the development and update of ordinances, design standards, policies, guidance documents, standard operating procedures, and staff training materials that support a comprehensive stormwater management program intended to reduce flooding, improve water quality, protect and enhance aquatic resources, and meet applicable regulatory requirements.

D. Develop and assist with implementation of plans in support of the Town’s stormwater management goals and to comply with state and federal regulatory requirements. Examples include watershed management plans, drainage master plans, flood mitigation and resiliency plans, stormwater pollution prevention plans (SWPPPs), spill prevention, control, and countermeasure (SPCC) plans, total maximum daily load (TMDL) action plans, and nutrient management plans (NMPs). Services may include prioritization of projects based upon regulatory benefit, feasibility, cost, and other Town objectives.

E. Develop, maintain, and analyze GIS databases related to stormwater infrastructure, BMP inventories, drainage systems, watershed and sub-watershed characteristics, land use, inspection records, development of dashboards, web-based mapping applications, and permit compliance activities. Establish and maintain GIS data standards and quality assurance/quality control

(QA/QC) protocols (e.g., positional accuracy requirements for outfall and asset GPS mapping) to ensure deliverables remain consistent and usable across the term of the contract .

F. Support the long-term management of the Town's stormwater infrastructure, including asset inventory development, GIS mapping and spatial analysis, condition assessments, inspections of stormwater BMPs, outfall reconnaissance, infrastructure assessments, maintenance planning, and water quality monitoring and sampling.

G. Perform feasibility studies, planning, engineering, and design for new stormwater BMPs, retrofit of existing BMPs, and the Town's MS4 system.

H. Services may include planning, feasibility studies, assessment, design, permitting, and construction support for stream restoration, streambank stabilization, channel rehabilitation, riparian buffer restoration, floodplain reconnection, erosion control, green infrastructure, and low-impact development (LID) projects. Services may also include hydrologic and hydraulic analyses, geomorphic assessments, environmental permitting, preparation of construction plans, specifications, cost estimates, construction administration, post-construction inspections, and project monitoring.

I. Provide engineering review of development plans, stormwater management facilities, erosion and sediment control plans, floodplain analyses, drainage studies, and related technical documents on an as-needed basis for compliance with applicable regulations and Town standards. If needed, assist the Town in updating design storm frequencies and rainfall depth criteria in its design standards to reflect NOAA Atlas 14 precipitation data.

J. Provide construction administration services for stormwater capital improvement projects, including bid assistance, shop drawing review, construction observation, pay application review, substantial completion inspections, and project closeout.

K. Attend meetings, public hearings, stakeholder meetings, Planning Commission meetings, Town

Council meetings, and other public functions as requested. Prepare presentation materials and assist with public education, outreach, and stakeholder engagement related to the Town's stormwater management program.

L. Assist the Town with identifying, evaluating, and preparing applications for available federal, state, regional, and local funding opportunities, including but not limited to the Virginia

Stormwater Local Assistance Fund (SLAF), Community Flood Preparedness Fund (CFPF), FEMA

Building Resilient Infrastructure and Communities (BRIC), and other grant opportunities. Provide grant administration support as requested.

M. Assist with coordination of regional stormwater initiatives and regulatory activities, including coordination with Fairfax County, neighboring MS4 permittees, the Virginia Department of

Environmental Quality (VDEQ), the Northern Virginia Regional Commission (NVRC), and other agencies, as directed by Town staff.

N. The Consultant shall provide other professional engineering, environmental, planning, regulatory, and technical services related to the Town's Stormwater Management Program as requested by the Town. Services may include investigations, studies, technical memoranda, expert testimony, grant support, cost estimating, utility coordination, field investigations, and other related services not specifically identified herein.

6. Proposal Submission

6.1. Proposal Submission

A. Sealed Proposals shall be received online through the Town of Herndon website https://procurement.opengov.com/portal/herndon-va, no later than Tuesday, September 22, 2026, 11:00 am. Offerors are responsible for ensuring its submission prior to Proposal

Closing. The Town of Herndon is not responsible for any technical difficulties which may result in the Offerors response not uploading in time, or any responses that are not properly uploaded.

The town will not receive any proposals in person. Any paper submissions received will not be considered and will be returned, unopened, to the offeror. Proposals received after the Closing date/time shall not be considered.

B. Proposals should be as thorough and detailed as possible so that the town may evaluate the

Offeror’s capabilities to provide the required services.

7. Proposal Preparation

7.1. Proposal Requirements

In order to be considered for selection, Offerors must submit a complete response to this RFP, through

Section 12 - Vendor Questionnaire, question 7. Offerors shall submit written proposals that present the

Offeror’s qualifications and understanding of the work to be performed. The written proposals shall not exceed 60 single-sided pages or 30 double-sided pages, excluding cover, tabs, and dividers. The Offeror’s proposal should be prepared simply and economically, providing a straightforward and concise description of the capabilities to satisfy the requirements of the RFP. The Offeror should provide all the information that it considers pertinent to its qualifications for the project, and which responds to the scope of services and criteria listed herein. Emphasis should be placed on completeness and clarity of content. To assist in the evaluation process, a complete proposal must contain the sections listed in the order below with no more than the number of pages indicated. Each section must be clearly labeled with a header. Pages are required to be standard letter size (8.5” by 11”) with no less than 11-point font for body text. Each section shall be properly identified by the titles provided below.

The written narrative statement shall include at least the following:

Table of Contents

The Table of Contents shall indicate the material included by Section.

Cover Letter

A. A cover letter shall identify the name of the prime consultant and any subconsultants or vendors as part of the consultant team. The cover letter should indicate separating factors or unique characteristics of the team or approach that distinguishes the proposal from others. The offeror’s lead point of contact must be listed along with contact information for questions or clarifications regarding the proposal.

Section 1: Program Understanding and Approach

A. The consultant must provide a detailed approach to performing the work as described in the scope of services. The proposal narrative must indicate the offeror’s methodology for accomplishing the activities of each task and demonstrate how subtasks will relate and build upon one another.

Section 2: Qualifications and Experience, and Organizational Chart

A. The offeror shall indicate the team’s expertise as it relates to the purpose and activities listed in the scope of services. Provided example projects should have been completed within the previous

5 years. Web links will not be evaluated.

B. The offeror’s proposal shall also include an organizational chart, relating key personnel to major tasks and areas of responsibility. This chart will clearly identify the offeror’s project manager as the primary point of contact for the team.

Section 3: Resumes of Key Personnel, DPOR registration, and Availability

A. The proposal may include one-page resumes of key personnel on the project team.

Section 4: Request for Proposal Forms

A. Appendix A shall be completed, signed, and included in your proposal as Section 4.

7.2. Clarification of the Terms

If any prospective Offeror has questions about the specifications or other solicitation documents, the prospective Offeror should contact, in writing, the Purchasing Agent no later than ten (10) working days before the due date. Revisions to the solicitation will only be made by addendum issued by the

Purchasing Agent. The Town reserves the right to answer the questions in writing, by voice telephone, or by email and will supply the same information to all known prospective Offerors

7.3. Virginia Freedom of Information Act

Ownership of all data, materials and documentation originated and prepared for the Town pursuant to this RFP shall belong exclusively to the Town and be subject to public inspection in accordance with the

Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the

Offeror must invoke the protections of Section 2.2-4342 of the Virginia Public Procurement Act prior to or upon submission of the data or other materials, and must identify the data to be protected and state the reasons why protection is necessary. The classification of an entire proposal document or prequalification application, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time the offeror refuses to withdraw an entire classification designation, the proposal will be rejected.

7.4. Town Rights

The Town reserves the right to accept or reject all or any parts of proposals, waive minor technicalities/informalities and award the contract to the most qualified and best suited Offeror to best serve the interests of the Town.

The Town reserves the right to (i) negotiate any and all elements of the RFP, (ii) require supplemental statements of information from any Respondent, (iii) extend the deadline for submission of Proposals, (iv) request additional information or clarification of information provided in any Proposal without changing the terms of the RFP, (v) award this project in whole or in part to a vendor other than the highest scoring vendor based on the determination of the best overall value and/or fit for the Town.

Nothing contained in this section shall be construed to require the Town, when procuring by

"competitive negotiation" (Request for Proposal), to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous to the Town.

8. Proposal Evaluation

Phase 1

The Town will select the proposal that is responsive and the most advantageous to the Town as determined by the Town. The Town intends to award a contract, subject to the terms of this RFP, to the

Offeror that offers the best overall value. An evaluation committee will independently review, evaluate and rank each proposal received using the following criteria:

First Impression Score - 5-point scale:

0 = The proposal fails to address the criterion or cannot be assessed due to missing or incomplete information.

1 = Poor. The criterion is inadequately addressed, or there are serious inherent weaknesses.

2 = Fair. The proposal broadly addresses the criterion, but there are significant weaknesses.

3 = Good. The proposal addresses the criterion well, but several shortcomings are present.

4 = Very Good. The proposal addresses the criterion very well, but a small number of shortcomings are present.

5 = Excellent. The proposal successfully addresses all relevant aspects of the criterion. Any shortcomings are minor.

Numbers:

Maximum Score for any Criteria is 5.0.

Scores are entered in whole or half numbers.

Determine weighted score by multiplying Weight time Score.

Maximum Total Weighted Score is 100.

Phase 2 - Oral Presentation

Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the Evaluation Committee. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal but will in no way change the original proposal. The Purchasing Agent will schedule the date, time and location of these presentations. Oral presentations are an option and may not be conducted; therefore, proposals should be completed. The oral presentation must be attended by the project manager and/or main project representative.

8.1. Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm Qualification and Relevant Experience 0-5 Points 30 (30% of Total)

2. Qualification and Relevant Experience of Key

Personnel 0-5 Points 20

(20% of Total)

3. Availability of Qualified Staff 0-5 Points 5 (5% of Total)

4. Expertise in local, state and federal regulatory compliance, permit, community engagement

Expertise in local, state, and federal regulatory compliance.

Expertise in permitting processes and community engagement

0-5 Points 15 (15% of Total)

5. Past Projects and Program Performance

Demonstrate firms’ ability to perform similar programs as listed in the scope of services.

History of staying within project budget and providing accurate Engineer’s Opinion of

Probable Construction Cost (EOPCC).

0-5 Points 10 (10% of Total)

6. Quality Assurance Quality Control

Demonstrate firms Quality Assurance and

Quality Control approach. Any success due to firms approach?

Demonstrated project and task order risk management capabilities, supported by comprehensive quality assurance and quality control procedures

0-5 Points 10 (10% of Total)

7. Location of the Firms Branch and Key Staff 0-5 Points 5 (5% of Total)

8. Overall quality and completeness of the proposal.

0-5 Points 5

(5% of Total)

8.2. Phase 2 - Oral Presentation

No. Evaluation Criteria Scoring Method Weight (Points)

1. Presentation/Preparedness

Was the firm prepared for their presentation?

Was the presentation clear, informative, and thorough?

Did the presentation show Firm and Staff's qualifications?

What was the quality of the past projects presented?

Did the presentation indicate a thorough understanding of the scope? Is the appropriate emphasis placed on the various demands?

0-5 Points 50 (50% of Total)

2. Project Team

Did the project team participate in the presentation?

How effectively did they communicate ideas and respond to questions?

Did the project manager participate in the presentation?

How effectively did he/she communicate ideas and respond to questions?

Was there participation from any subcontracted firms?

What was the impact of their participation?

0-5 Points 25 (25% of Total)

3. Questions

Did they answer questions satisfactory?

Were questions answered directly or evasively?

Were answers to questions clear and concise or scrambled and verbose?

0-5 Points 25 (25% of Total)

9. Contract Award

A. BASIS FOR AWARD

1. The Town reserves the right to award a contract by individual items, in the aggregate, or in combination thereof, or to reject any or all proposals and to waive any informality in proposals received whenever such rejection or waiver is in the best interest of the Town. An Evaluation

Committee has been established to review and evaluate all proposals submitted in response to this Request for Proposal. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided with the proposal and the evaluation criteria listed in Section 8 - Proposal Evaluation.

2. No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the Evaluation Committee or any person involved in evaluating the proposals. Evaluation Committee members will refer any and all calls related to this procurement to the Purchasing Agent. Failure to comply with this directive may, at the sole discretion of the Town, result in the disqualification of an Offeror from the procurement process.

B. AWARD PROCESS

1. The Evaluation Committee shall engage in individual discussions with two or more Offerors deemed fully qualified to provide the services as described in this RFP. Repetitive informal interviews are permissible. Each Offeror is encouraged to elaborate on their qualifications and performance data or staff qualifications pertinent to the proposed project, as well as alternate concepts.

2. At the discussion stage, the town may discuss non-binding estimates of total project costs including, but not limited to, non-binding estimates of cost of services.

3. Evaluation Committee members shall not disclose proprietary information from competing

Offerors to the public, other staff or to competitors.

4. At the conclusion of the informal interviews, on the basis of evaluation factors published in the Request for Proposals and all information developed in the selection process to this point, the Town shall select, in the order of preference, two or more Offerors, if possible, whose professional qualifications and proposed services are deemed more meritorious. The Town shall then conduct negotiations beginning with the Offeror ranked first. At this negotiation stage the Town may discuss and/or request binding estimates of costs, fee per task, and, if desirable, binding estimates of hours and hourly costs for requested services. Proprietary information from competing Offerors will not be disclosed to the public or to competitors, provided such information is duly marked as "Proprietary Information" by the Offeror and the designation is justified as required by Section 2.2-4342, Code of Virginia. If a contract that is satisfactory and advantageous to the Town is negotiated at a price considered fair and reasonable, the Evaluation Committee shall make a recommendation to the Town Council advising of an award to that Offeror. Otherwise, the Evaluation Committee shall formally terminate negotiations with the Offeror ranked first and shall begin conducting negotiations with the Offeror ranked second, and so on until such a contract is negotiated at a fair and reasonable price.

5. The Town may negotiate and award a contract to an Offeror that it determined, in writing, is the single fully qualified Offeror, or that one Offeror is clearly more highly qualified and suitable than the others under consideration.

10. Contract Term

Any contract resulting from this RFP shall have a term limit of one (1) year and may be renewable for three

(3) additional one-year terms at the option of the Town. Task Orders shall be fair and reasonable hourly rates, as negotiated, in determining the cost of each task order performed; and the sum of all task orders performed in one contract term shall not exceed $10,000,000 in any one separate contract year. The fee paid by the Town to Contractor shall not exceed $2,500,000 per task order.

The Fee Schedule may be adjusted at the request of the Consulting Firm, at the end of the initial contract period (and at the end of each extension period, if applicable), upon mutual agreement of both parties.

The adjustment to the fee schedule shall not exceed the percentage increase for the previous twelve (12) months in the Consumer Price Index, Washington-Arlington-Alexandria, DC-VA-MD-WV, (CPI-W) as adjusted, as published by the Bureau of Labor Statistics, U.S. Department of Labor:

https://www.bls.gov/eag/eag.dc_washington_md.htm#eag_dc_washington_md.f.4 https://www.bls.gov/eag/eag.dc_washington_md.htm#eag_dc_washington_md.f.4

11. Contract (Sample)

CONTRACT

CONTRACT #27-02

STORMWATER MANAGEMENT SERVICES

This contract entered into this ___ day of ______, 20__ by _______________________, hereinafter called the “Contractor” and the Town of Herndon, hereinafter called the “Owner” or Town.

The Contractor and the Owner in consideration of promises and of the mutual covenants, considerations, and agreements as negotiated pursuant to RFP #27-02 agrees as follows:

THE CONTRACT DOCUMENTS ARE INCORPORATED BY REFERENCE AND SHALL CONSIST OF:

• This contract form;

• Town of Herndon Request for Proposal (RFP) #27-02, ____________, 20____;

• Town of Herndon notification of selection as best qualified and Request for Fee Proposal, _____________, 20___;

• (Contractor)________________________ fee proposal, _______________, 20___;

• Certificated Resolution – Award of Contract, Stormwater Management Services, RFP #27-02

SCOPE OF SERVICES:

Pursuant to Section 5 - Scope of Services of this request for proposal, the Contractor shall provide the Owner a Stormwater Management Services.

The subject of this Contract (Work) is a “work made for hire” for the benefit of the Town, which owns all of the rights comprised in the copyright of the Work. Contractor assigns to Town Contractor’s copyright interests in the Work and Contractor shall on Town’s demand execute and deliver to Town all assignment documents Town deems necessary to secure Town’s intellectual property rights in the Work. When proprietary information of Contractor, standard specifications or standard design documents or details, or proprietary databases of Contractor are used in connection with or are incorporated into the work they are not independently a part of “work made for hire.” Contractor is assigning only the rights in completed documents and Contractor does not assign its interests for its use of standard or proprietary items. Owner shall not modify the assigned documents or use the assigned documents on projects for which the documents were not prepared without written approval of the Contractor, which shall not be unreasonably withheld.

Any contract resulting from this RFP shall have a term limit of one (1) year and may be renewable for three

(3) additional one-year terms at the option of the Town. Task Orders shall be fair and reasonable hourly rates, as negotiated, in determining the cost of each task order performed; and the sum of all task orders performed in one contract term shall not exceed $10,000,000 in any one separate contract year. The fee paid by the Town to Contractor shall not exceed $2,500,000 per task order.

CONTRACTOR: TOWN OF HERNDON, VIRGINIA

BY: _______________________________ BY: _________________________

Keven J. LeBlanc, Jr., Mayor

TITLE: ____________________________

APPROVED AS TO FORM:

Town Attorney

12. Vendor Questionnaire

12.1. Have all Specifications included in this Request for Proposal been met?* ☐ Yes

☐ No

*Response required

When equals "No"

12.1.1. If no, please list all exceptions in detail.*

*Response required

12.2. Contact Information*

Please provide the following information:

Person to contact regarding this bid

Title

Phone number

Email address

Name of the person authorized to bind the Firm

Name of the Company

Address

*Response required

12.3. Certification Regarding Debarment*

This is to certify that this person/firm/corporation is not now debarred by the Federal Government or by the Commonwealth of Virginia or by any other state, town, city, or county from submitting proposals for such work nor are they an agent of any person or entity that is now debarred.

☐ Please confirm

*Response required

12.4. SWaM Status*

A certified SWaM Business is one that holds a current certification from the Virginia Department of

Small Business and Supplier Diversity (SBSD), the U.S. Small Business Association (SBA), the Women's

Business Enterprise National Council (WBENC), National Minority Supplier Development Council

(NMSDC) or from other U.S. State and some local government supplier diversity program.

Is your company a certified Small, Woman or Minority Owned (SWaM) Business or Disadvantaged

Business Enterprise?

☐ Yes

☐ No

*Response required

When equals "Yes"

12.4.1. What is your company's certification type?

Select all that apply

Select all that apply

☐ Small Business

☐ Woman-Owned Business

☐ Minority-Owned Business

☐ Service-Disabled Veteran (SDV)

☐ Disadvantaged Business Enterprise (DBE)

When equals "Yes"

12.4.2. Certification Information*

If applicable, please provide the Certification Entity/Agency and the Certification Number(s)

*Response required

12.5. Indicate the length of time you have been in business providing this type of service and/or product. years, months*

______________Years, __________ Months

*Response required

12.6. Proposal Forms - Attachment A*

Have your included Attachment A - Proposal Forms in your proposal as section 5?

Proposal without these forms will be rejected.

☐ Yes

☐ No

*Response required

12.7. Proposal*

Please upload your proposal here.

*Response required

12.8. Does your proposal have proprietary information?*

☐ Yes

☐ No

When equals "Yes"

12.8.1. Please upload the redacted copy of your Proposal.*

*Response required

12.9. In the space below, enter the name and contact email of the person who has signature authority for the Offeror's company, and is hereby agreeing to the statement above. *

*Response required

12.10. Authorization*

In accordance with the terms, conditions and specifications of this Request for Proposal, the authorized person(s) agrees to furnish the items and/or services requested. The authorized person(s) acknowledges that their proposal is valid for a period of 120 days from the due date and certifies they have read, understand, and agrees to all terms and conditions and requirements of this Request for Proposal, and is authorized to contract on behalf of the firm submitting the response.

In the space below, enter the name and contact email of the person who has signature authority for the

Offeror's company, and is hereby agreeing to the statement above.

13. General Terms & Conditions

Vendor: The general rules and conditions that follow apply to all purchases and become a definite part of each formal solicitation and resulting Contract award issued by the Town of Herndon, unless otherwise specified. Bidders, Offerors, Contractors, Vendors or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, scope of work or specifications before submitting bids or proposals; failure to do so is, solely, at the Bidder’s, Offeror’s, Contractor’s or Vendor’s own risk and relief cannot be secured on the plea of error.

Subject to all State and local laws, policies, resolutions, and regulations and all accepted rules, regulations and limitations imposed by legislation of the Federal Government, bids or proposals on all solicitations issued by Town of Herndon will bind Bidders or Offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

13.1. AUTHORITY

The Procurement Official has the sole responsibility and authority for negotiating, placing and when necessary, modifying every solicitation, Contract and purchase order (except for capital construction projects) issued by the Town. In the discharge of these responsibilities, the Procurement Official may be assisted by assigned buyers. Unless specifically delegated by the Procurement Official, no other Town officer or employee is authorized to order supplies or services, enter into purchase negotiations or

Contracts, or in any way obligate the government of the Town for indebtedness. Any purchase ordered, or Contract made which is contrary to these provisions and authorities shall be of no effect and void and the Town shall not be bound thereby.

13.2. DEFINITIONS

A. AGENCY: Any Department, Agency, Authority, Commission, Board or other unit in the

Administrative Service of the Town.

B. BEST VALUE: As predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body’s needs.

C. BID: The offer of a Bidder to provide specific goods or services at specified prices and/or other conditions specified in the solicitation.

D. BIDDER/OFFEROR: Any individual, company, firm, corporation, partnership or other organization bidding on solicitations issued by the Procurement Official and offering to enter into Contracts with the Town. The term "Bidder" will be used throughout this document and shall be construed to mean "Offeror" where appropriate.

E. CONTRACTOR: Any individual, company, firm, corporation, partnership or other organization to whom an award is made by the Town.

F. GOODS: All material, equipment, supplies, printing, and automated data processing/information technology hardware and software.

G. INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the invitation to bid or the request for proposal which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

H. INVITATION FOR BID (IFB): A request which is made to prospective suppliers (Bidders) for their quotation on goods or services desired by the Town. The issuance of an IFB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement.

I. PROFESSIONAL: Any type of professional service which is either: 1) performed by an independent

Contractor within the practice of accounting, actuarial services, architecture, dentistry, land surveying, landscape architecture, law, medicine, optometry, pharmacy, or professional engineering (which shall be procured as set forth in the Code of Virginia §2.2-4301 in the definition of competitive negotiation and in conformance with the Purchasing Regulations, required but not furnished by its own employees, which is in its nature so unique that it should be obtained by negotiation on the basis of demonstrated competence and qualification for the type of professional service required and at fair and reasonable compensation rather than by competitive sealed bidding.

J. PROCUREMENT OFFICIAL: The Procurement Official employed by the Town Council of the Town of Herndon.

K. REQUEST FOR PROPOSAL (RFP): A request for an offer from prospective Offerors that will indicate the general terms which are sought to be procured from the Offeror. The RFP will specify the evaluation factors to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement.

L. RESPONSIBLE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having the capability in all respects to perform fully the Contract requirements, and also having the moral and business integrity and reliability which will assure good faith performance, and having been prequalified, if required.

M. RESPONSIVE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having submitted a bid which conforms in all material respects to the invitation for bid or request for proposal.

N. SERVICES: Any work performed by an independent Contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies.

O. SOLICITATION: The process of notifying prospective Bidders or Offerors that the Town wishes to receive bids or proposals on a set of requirements to provide goods or services.