Lake Management for Chris Greene Lake, Mint Springs Lake and Walnut Creek Lake.pdf

RFP# 2024-RFP-1003262 Page 1 of 32

REQUEST FOR PROPOSAL

(RFP)

Issue Date: February 23, 2024

RFP# 2024-RFP-1003262

Title: Lake Management for Chris Greene Lake, Mint Springs Lakes, and Walnut Creek Lake

Issuing Agency: County of Albemarle Purchasing Office 401 McIntire Road Room 248 Charlottesville, VA 22902

Period of Contract: One year from the date of executed contract, with option of up to (4) additional (1) year renewals.

Sealed Proposals will be received until 2:00 p.m. on Tuesday, March 26, 2024, for furnishing the goods/services described herein. Proposals received after the announced time and date for receipt will remain unopened. No telephoned, faxed, or emailed proposals will be considered.

The face of the envelope or shipping container shall be clearly marked in the lower left-hand corner as follows:

RFP#: 2024-RFP-1003262

TITLE: Lake Management for Chris Greene Lake, Mint Springs Lake and Walnut Creek Lake PROPOSAL DUE: Tuesday March 26th, at 2:00pm

All Inquiries for Information Should Be Submitted in Writing and Directed To: Chris Beahm, Senior Buyer, at cbeahm@albemarle.org

Proposals should be submitted electronically by the stated due date and time, through the Albemarle County Procurement Intake Form on the Albemarle County Procurement Solicitations Page: https://www.albemarle.org/government/finance/procurement/solicitations.

Alternatively, a secure lockbox is available, at the exterior Visitors Entrance of the Issuing Agency, labeled Vendor/Contractor Bids or Proposals Only. Proposals may be placed in this box, prior to the established due date and time for each solicitation, or may be shipped//mailed, or hand delivered directly to the issuing agency shown above.

PRE-PROPOSAL CONFERENCE: An optional virtual preproposal conference will be held on Friday, March 1, 2024 at 10:00AM at the following link: Pre-Proposal Meeting 2024-RFP-Lake Treatment

In compliance with this request for proposal and to all the conditions imposed therein, the undersigned offers and agrees to furnish the goods/services herein.

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

Name And Address Of Firm:

_____________________________________________ Date: ________________________________________

_____________________________________________ By: _________________________________________

__________________________Zip Code:___________ (Signature In Ink)

Telephone Number: (___)________________________ Name: ________________________________________

Fax Number: (___) _____________________________ (Please Print)

E-mail Address: ________________________________ Title: _________________________________________ I have the authority to bind the corporation.

SMALL, WOMAN, MINORITY AND SERVICE DISABLED VETERAN-OWNED BUSINESS: � YES; � NO

IF YES ⇒⇒ � SMALL; � WOMAN; � MINORITY; � SERVICE DISABLED VETERAN-OWNEDThis public body does not discriminate against faith-based organizations in accordance with the Virginia Code § 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.

TABLE OF CONTENTS FOR RFP# 2024-RFP-1003262

mailto:cbeahm@albemarle.org https://www.albemarle.org/government/finance/procurement/solicitations https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGJmNjUzYWUtNjE5OC00YTM1LTg5MDAtZjhmMjM3OTM0NDVl%40thread.v2/0?context=%7b%22Tid%22%3a%22472f3939-9689-4fe6-afc7-839b4790cbee%22%2c%22Oid%22%3a%2263b6ed98-f2ae-4aea-8f8d-bef90857be49%22%7d

RFP# 2024-RFP-1003262 Page 2 of 32

PAGE

I. PURPOSE

II.

BACKGROUND

III. PROCUREMENT SCHEDULE AND TERM OF CONTRACT

IV. COMPETITION INTENDED

V. STATEMENT OF NEEDS

VI. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

VII. EVALUATION AND AWARD CRITERIA

VIII. PRE-PROPOSAL CONFERENCE

IX. GENERAL TERMS AND CONDITIONS

X. SPECIFIC TERMS AND CONDITIONS

XI. METHOD OF PAYMENT

XII. PRICING SCHEDULE

XIII. ATTACHMENTS

RFP# 2024-RFP-1003262 Page 3 of 32

I. PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from qualified sources to enter a contract to manage the water quality and ecological conditions in Chris Greene Lake, Mint Springs Upper and Middle Lakes, and Walnut Creek Lake. Lake management would emphasize managing harmful algae, dissolved oxygen, and accumulated in-lake phosphorus.

II. BACKGROUND: Chris Greene Lake is located within Chris Greene Park, at 4748 Chris Green Lake Road, in northern Albemarle County. The lake is 53 water acres and is adjacent to 2 beach acres. Mint Springs Upper and Middle Lakes are located at Mint Springs Valley Park, at 6659 Mint Springs Park Road near Crozet, VA. The Upper Lake covers approximately 4.7 water acres and includes a beach and swimming area. The Middle Lake covers approximately 2.5 acres. Walnut Creek Lake is located within Walnut Creek Park at 4250 Walnut Creek Road near North Garden.

Public swimming is allowed at these lakes from Memorial Day weekend through Labor Day weekend. More information regarding these lakes can be found on the Albemarle County Parks and Recreation Site https://www.albemarle.org/government/parks-recreation/parks.

Recent lake management strategies at all parks include monitoring dissolved oxygen and algae levels and applying copper-based algaecide when necessary.

III. PROCUREMENT SCHEDULE AND TERM OF ANTICIPATED CONTRACT: One year from the date of executed contract, with option of up to (4) additional (1) year renewals. The option to exercise shall be the sole right and prerogative of the county.

IV. COMPETITION INTENDED: It is the County’s intent that this Request for Proposal (RFP) permits competition. 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, or otherwise restrict competition. All comments, questions, or requests for clarification, including any notification regarding restrictions to competition, must be received by the Purchasing Agent not later than seven (7) days prior to the date set for receipt of offers. Offerors may not rely on any oral explanations, clarifications, or changes to the solicitation. All explanations, clarifications, or changes will be issued in written form as detailed below. The County will not be bound by any oral statements.

All inquiries and any changes to the requirements of this solicitation shall be answered by issue of written addenda to the solicitation. It shall be the responsibility of the Offeror to acknowledge all addenda by signing and returning a copy of all addenda with the offer submission or by separate acknowledgement of each addendum by number and date, in writing. Offerors are advised to contact this office to confirm the number of addenda five (5) days before the date established for offer due date. All addenda will be issued by not later than five (5) days prior to offer due date.

V. STATEMENT OF NEEDS: The contractor shall furnish all labor, equipment, boats, herbicides, materials, and other items required to provide the required services, as noted herein.

a. Dissolved Oxygen and Algae Monitoring:

1. Monitoring visits will occur one (1) time per week (27 sampling events) at two (2) sampling locations in Chris Greene Lake. One (1) sampling location at Mint Springs, and two (2) sampling locations in Walnut Creek Lake from May 1,2024 through October 31, 2024

2. A dissolved oxygen and temperature profile will be measured in 1-meter increments from the surface to the bottom. The meter has a maximum testing depth of thirty (30) feet.

3. Composite water samples will be collected from the epilimnion at 0, 1, 2, and 3 meters (as appropriate based on the depth of thermocline). Phytoplankton identification and enumeration will be performed for each composite sample.

4. A brief summary of the results will be provided to the client following each testing period.

5. Any data collected that needs immediate action will be brought to Albemarle County’s attention at once.

b. Lake Algae Treatments:

1. Algae treatments will be administered as needed – based on the monitoring results. However, proposals shall assume that algae treatments will be needed for Chris Greene Lake and Mint Springs Upper Lake as follows:

2. Chris Greene Lake and Mint Springs Upper Lake https://www.albemarle.org/government/parks-recreation/parks

RFP# 2024-RFP-1003262 Page 4 of 32

a) Contractor will apply algaecide and water quality enhancer to the lakes biweekly from May 1, through September 30, (11 applications) for the purpose of algae control and phosphorus reduction in the water column.

b) Contractor will outline a recommended treatment area and recommended range of application rates for the applications.

c) The proposed treatment areas are as follows:

• Chris Greene Lake - 18.5-acre section of the littoral zone from the dam embankment to the cove near the dog park.

• Mint Springs Upper Lake - 2.5-acre treatment area around the perimeter of the waterbody.

d) If it is determined through algae monitoring that additional treatments are required after

September 30, 2024, a separate proposal will be provided.

3. Walnut Creek Lake and Mint Springs Middle Lake

a) Contractor will apply algaecide and water quality enhancer to the lake for the purpose of algae control and phosphorus reduction in the water column.

b) Contractor will recommend treatment, when necessary, based on the results of the weekly

Dissolved Oxygen and Algae Monitoring. Treatments will only be performed after discussion with and approval by the designated Client representative.

Other Management Practices

1. The County recognizes that there are emerging alternatives to controlling harmful algae other than algaecide applications. Some of these alternatives have the advantage of improving overall water quality and ecological conditions.

2. The Contractor may propose and/or the County may request alternative lake management practices.

3. For the purpose of selecting a Contractor through this RFP, the applicant shall include as part of their proposal a strategy to improve water quality and reduce harmful algae through the inactivation of phosphorus via chemical treatment. The target shall be to bind – or otherwise render inactive – 200 pounds of biologically available phosphorus (BAP) in Mint Spring Upper Lake. The contractor shall propose a product, describe the application methodology – including amounts, method, schedule, provide pricing in Attachment A, and describe how the strategy will address built up phosphorus present in the lake-bottom sediment and the negative effects of the in-lake nutrient cycling that occurs as a result of that build up.

c. Reporting and Recommendations:

4. Contractor shall submit a comprehensive report summarizing the results of the data collection and algae management program annually. The report shall also include detailed specifications and cost estimates for the recommended long-term management strategies.

5. The summary report shall be submitted annually by December 31st.

6. Describe any recommended treatment strategies for the control of Harmful Algae Blooms and managing water quality.

d. Contractor Qualifications:

1. Contractor shall be a licensed pesticide applicator in the state of Virginia, and individual applicators shall be certified in Aquatics (Category 5A).

2. All products used for treatment shall be EPA registered and labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites, and are being applied in a manner consistent with their labeling.

3. All pesticide applications made directly to the water or along the shoreline for the control of algae, aquatic weeds, or other aquatic pests shall meet or exceed all of the contractor’s legal regulatory requirements as set forth by the EPA and related state agencies for NPDES and FIFRA.

4. All pesticide applications made directly to the water or along the shoreline for the control of algae, aquatic weeds, or other aquatic pests shall meet or exceed all the contractor’s legal regulatory requirements as set forth by the EPA and related state agencies for NPDES and FIFRA.

VI. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. GENERAL INSTRUCTIONS:

1. RFP Response: In order to be considered for selection, proposals should be submitted electronically by the stated due date and time established herein, or as modified by an addendum hereto, through the Albemarle

RFP# 2024-RFP-1003262 Page 5 of 32

County Procurement Intake Form on the Albemarle County Procurement Solicitations Page: New Submission (albemarle.org) Alternatively, a secure lockbox is available, at the exterior Visitors Entrance of the Issuing Agency, labeled Vendor/Contractor Bids or Proposals Only. Proposals may be placed in this box, prior to the established due date and time for each solicitation, or may be shipped/mailed, or hand delivered directly to the issuing agency shown above. One (1) original and one (1) copy of each proposal along with a USB electronic copy of the proposal in either Microsoft Word or PDF format, must be submitted to the County as a complete sealed proposal. Regardless of the method of delivery, it shall be the Bidder’s responsibility to ensure timely and accurate delivery. Bids delivered to the wrong location or received in the specified location late will not be considered.

2. Redacted Copies: In addition to the copies of the RFP Response specified above, proposals must include, in both one (1) hard copy and also included on the electronic media, a redacted copy of the proposal in accordance with the identified proprietary or confidential information, as determined by the Offeror. The redacted proposal, with proprietary language or data removed or blacked out, will be made available to the public in accordance with § 2.2-4342F of the Code of Virginia in response to requests for documents. It shall be the sole responsibility of the Offeror to ensure the supplied, redacted copy protects the firm’s interests with regards to proprietary or confidential information that, in accordance with § 2.2-4342F of the Code of Virginia may be considered protected information.

No other distribution of the proposal shall be made by the offeror.

3. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the County of Albemarle requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete, or lack key information may be rejected by the County. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements.

Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements.

The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal.

e. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

https://lfweb.albemarle.org/Forms/ProcurementBid https://lfweb.albemarle.org/Forms/ProcurementBid

RFP# 2024-RFP-1003262 Page 6 of 32

f. Ownership of all data, materials, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County 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 Virginia Code § 2.2-4342(F), in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable.

g. All costs of proposal preparation and presentation shall be borne by each offeror. The County is not liable for any cost incurred by the offeror prior to issuance of a contract.

4. 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 County. This provides an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The County will schedule the time and location of these presentations. Oral presentations are an option of the County and may or may not be conducted.

B. SPECIFIC PROPOSAL INSTRUCTIONS:

Proposals shall be submitted in two separate volumes – Volume I; Technical Proposal and Volume II; Price Proposal. No price data shall be included in Volume I, Technical Proposal.

Proposals should be as thorough and detailed as possible so that the County may properly evaluate your capabilities to provide the required goods/services. Offerors are required to submit the following items as a complete proposal:

VOLUME I

• Section 1 – Methodology/Specific Plan: Provide a description of methodology of the offerors design and management processes incorporating an understanding of the goals and criteria of this project and how the offeror intends to meet those goals and criteria. Provide a specific plan for providing the services, including: 1) what, when and how the service will be performed, 2) proposed equipment/goods/etc. including operational parameters, illustrations, etc. 3) plan to meet project schedule requirements, and 4) Describe any recommended management options for the control of harmful Algae, the county is always in pursuit of best management practices to manage algae in the most appropriate way.

1. Section 2 – Experience: A written narrative statement to include:

• Experience in providing the services described herein

• Staffing: Provide the names, qualifications, degrees, certifications, experience and licenses of key employees, consultants, and sub-consultants to be assigned to the project. Provide the length (time and number of projects) of relationship the offeror has with the proposed employees, consultants, and sub-consultants.

• Resumes of staff to be assigned to the project.

• References: Provide at least four (4) references for which work of a similar nature to that described herein was performed within the past three years. The reference should include the name, title, address, phone number, and email for the person on the owner’s team most intimate with the details of project being referenced. See Attachment B - Offeror Data Sheet.

VOLUME II

2. Section 3 – Proposed Price: Proposed price as indicated in Attachment A: Pricing Schedule, to include any and all costs associated with providing the service, proposed cost savings measures for the County, and any other price or cost related factors that should be considered in evaluation of the proposal.

3. Section 4 – Additional Information: This section is to be used to provide the following information. In addition, you may add any other relevant information to this section.

RFP# 2024-RFP-1003262 Page 7 of 32

• Return the RFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required.

• Attachment A – Pricing Schedule

• Attachment B – Offeror Data Sheet

• Attachment C – State Corporation Commission Form – Pursuant to Virginia Code § 2.2-4311.2(B), a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title

13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

• Attachment D – Certification of No Collusion

• Attachment E – Certification of Crimes Against Children and Acts of Moral Turpitude

• Attachment F – Insurance Requirements

• Attachment G – Proprietary/Confidential Information Identification – See VI. A. 2, above.

VII. EVALUATION AND AWARD CRITERIA:

This section is in two parts. The first part, “Evaluation Criteria,” explains how the proposals will be evaluated. The second part is the “Award of Contract” clause that states how the award will be made.

A. EVALUATION CRITERIA: Proposals shall be evaluated by the Albemarle County using the following criteria:

Evaluation Criteria: Point Value Specific plans or methodology to be used to perform the services. The ability, capacity, and skill of the firm to perform the work described herein in a manner consistent with County goals and standards.

Qualifications and experience of offerors staff to be assigned to perform the services. The ability, experience, and continuity of the proposed staff, consultants, and sub-consultants to be assigned to the project including the capability of the required staff, consultants, and sub-consultants to perform the services needed within the timeframe designated. The firm must provide assurance that the continuity of the team will be maintained and not changed without prior approval of the County. Offerors are required to provide current resumes for the individuals that they propose for this project. The resumes must specifically describe their training, certification levels, and experience.

Price. The ability to provide a cost-efficient service.

TOTAL 100

B. AWARD OF CONTRACT: The selection process shall be as per Virginia Code § 2.2-4301(3)(b) for the procurement of non-professional services. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among all the offerors on the basis of the evaluation criteria, including price.

Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the Purchasing Agent shall select the Offeror(s) which in their opinion has made the best proposal, and shall award the contract in such form, terms and conditions as found at Attachment H hereto. A County contract shall be signed by the parties as a requirement to receive an award pursuant to this solicitation. Any Offeror that requires, as policy of the Offeror, certain terms and conditions to be included in the contract shall provide such with the written proposal submission. Albemarle County Terms and Conditions shall take precedence over any conflicting Offeror terms and conditions. Should the Purchasing Agent, determine in writing and in their sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, the contract may be negotiated and awarded to that Offeror. The County reserves the right to make multiple awards to multiple contractors, including awards at lineitem pricing levels, as determined to be to the best advantage to the County.

VIII. PREPROPOSAL CONFERENCE: An optional virtual preproposal conference will be held on Friday, March 1, 2024 at 10:00AM at the link provided Pre-Proposal Meeting 2024-RFP-Lake Treatment

IX. GENERAL TERMS AND CONDITIONS:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGJmNjUzYWUtNjE5OC00YTM1LTg5MDAtZjhmMjM3OTM0NDVl%40thread.v2/0?context=%7b%22Tid%22%3a%22472f3939-9689-4fe6-afc7-839b4790cbee%22%2c%22Oid%22%3a%2263b6ed98-f2ae-4aea-8f8d-bef90857be49%22%7d

RFP# 2024-RFP-1003262 Page 8 of 32

A. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to the County of Albemarle will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the County of Albemarle has purchased or uses any of its products or services, and the contractor shall not include the County of Albemarle in any client list in advertising and promotional materials, unless the contractor has been given written permission by a County representative who is authorized to sign on behalf of the County.

B. ANNOUNCEMENT OF AWARD: Public notice of the award of this contract, or the announcement of the decision to award this contract, shall be given via a posting of written notice on the Purchasing webpage at www.albemarle.org/purchasing.

C. ANTI-TRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the County of Albemarle 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 County of Albemarle under said contract.

D. 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 conflicts of laws provisions and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The County and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using the dispute resolution process contained within the Albemarle County Purchasing Manual, Chapter 26-3. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

E. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the County.

F. AUTHORITY TO TRANSACT BUSINESS: Pursuant to Virginia Code § 2.2-4311.2 and in accordance with Title 13.1, Title 50, or as otherwise required by law, 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 by the State Corporation Commission to transact business in the Commonwealth as a domestic or foreign business entity and shall maintain registration as current throughout the life of the awarded contract.

G. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

H. CANCELLATION OF CONTRACT: The County may terminate any agreement resulting from this solicitation at any time, for any reason or for no reason, upon thirty days’ advance written notice to the Contractor. In the event of such termination the Contractor shall be compensated for services and work performed prior to termination.

I. 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. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. No fixed price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance approval of the County Administrator or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer).

2. The County may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the County a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or http://www.albemarle.org/purchasing

RFP# 2024-RFP-1003262 Page 9 of 32

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the County’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract.

The same markup shall be used for determining a decrease in price as the result of savings realized.

The contractor shall present the County with all vouchers and records of expenses incurred and savings realized. The County shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the County within thirty (30) days from the date of receipt of the written order from the County. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the County or with the performance of the contract generally.

J. CLARIFICATION OF TERMS: The County will assume no responsibility for oral instructions, suggestion or interpretation. Any question regarding the offer documents and/or specifications shall be directed to the Purchasing Division and any material change will be submitted to all Offerors through issuance of an addendum.

Any questions related to this solicitation MUST be submitted to the contact named on the first page of this solicitation no fewer than seven (7) days prior to the bid opening or proposal closing date specified.

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 Offerors without causing an unacceptable delay in the process. Any contact with any County representative, other than that outlined within this solicitation, concerning this solicitation is prohibited. Such unauthorized contact may disqualify your firm from this procurement.

K. COLLUSIVE OFFERS: The offer of any Offeror or Offerors who engage in collusive practices shall be rejected. Any Offeror who submits more than one offer in such manner as to make it appear that the offers submitted are not on a competitive basis from different parties shall be considered a collusive Offeror. The County may reject the offer of any collusive Offeror upon bid opening or proposal closing. However, nothing in this section shall prevent an Offeror from superseding an offer by a subsequent offer delivered prior to bid opening or proposal closing which expressly revokes the previous offer.

L. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The contractor assures that, in the event that any awarded contract involves information and data obtained as to personal facts and circumstances related to patients, students or clients, such information and data will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the County’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the County of any breach or suspected breach in the security of such information. Contractors shall allow the County to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

M. CONTRACTOR’S FORMS/BOILERPLATE CONTRACTS: All written agreements, contracts, service agreements, account applications, forms and other documents, of any nature, that the Contractor would require the County 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 offer. Under no circumstances shall the County be required to agree to any contractual provision (i) that would materially conflict with any provision of this solicitation, (ii) that would affect the price, quality, quantity or delivery schedule for any goods or services, or (iii) that would, in the County’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 County’s needs, and the Contractor shall not condition its performance or delivery upon any such agreement by the County.

N. CONTRACTUAL CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the contractor’s intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. The County has established an administrative procedure for consideration of contractual claims, and a copy of such procedure is available upon request from the County’s Purchasing Office. Contractual disputes shall also be subject to the

RFP# 2024-RFP-1003262 Page 10 of 32 provisions of Virginia. Code § 2.2-4363(D) and (E) (exhaustion of administrative remedies) and § 2.2-4364 (legal actions).

O. DEBARMENT STATUS: By submitting their offers, offerors certify that they are not currently debarred by the

Commonwealth of Virginia from submitting offers or 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.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

Q. DRUG-FREE WORKPLACE: Pursuant to Virginia Code § 2.2-4312, during the performance of this contract the contractor agrees as follows: (i) to 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; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this 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.

R. ETHICS IN PUBLIC CONTRACTING: Pursuant to Virginia Code § 2.2-4367: By submitting a bid, the bidder certifies that their bid is made without collusion of fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, 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.

S. FORM W-9 REQUIRED: Each offeror shall submit a completed W-9 form with their offer. In the event of contract award, this information is required in order to issue purchase orders and payments to your firm. A copy of this form can be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf.

T. HEADINGS: Section, article and paragraph headings contained within this solicitation 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 solicitation.

U. IDLING REDUCTION REQUIREMENT: For any work performed within the City of Charlottesville, contractors are required to comply with the City of Charlottesville’s Idling Reduction Policy for Motor Vehicles and Equipment, policy number 100-12. This policy is available at www.charlottesville.org/purchasing under the Vendor Registration link.

V. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the County of Albemarle, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

W. INCLEMENT WEATHER/CLOSURE OF COUNTY OFFICES: If the County of Albemarle is closed for business at the time scheduled for bid opening or proposal closing, for whatever reason, sealed offers will be accepted and opened on the next scheduled business day, at the originally scheduled time.

X. INDEMNIFICATION: Contractor hereby assumes, and shall defend, indemnify and save the County and all of its officers, agents and employees harmless from and against any and all liability, loss, claim, suit, damage, charge or expense including attorney fees which the County and all of its officers, agents and employees may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person (including, without limitation, County officers, agents, employees, licensees and invitees) and for damage to, loss of , and destruction http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.charlottesville.org/purchasing

RFP# 2024-RFP-1003262 Page 11 of 32 of any property whatsoever, which arises out of, results from, or is in any way connected with actions taken by the Contractor in the performance of its obligations under this Agreement, or which occurs as a consequence of any negligence, omission or misconduct of the Contractor and any of Contractor’s subcontractors, agents or employees in the performance of Contractor’s or any of its subcontractors, agents or employees in performing work under this contract, regardless of whether such loss or expense is caused in part by a party indemnified hereunder.

Pursuant to Virginia law, the County of Albemarle, Virginia may not indemnify any party for any purpose. Any provisions in this agreement providing to the contrary are hereby deleted.

Y. INSURANCE: By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will purchase and maintain, at its sole expense, and from a company or companies authorized to do business within the Commonwealth of Virginia, insurance policies containing the types of coverages and minimum limits specified in the attached document, INSURANCE REQUIREMENTS, protecting from claims which may arise out of or result from the Offeror’s performance or non-performance of services under this Contract, or the performance or non-performance of services under this Contract by anyone directly or indirectly employed by the Offeror or for whose acts it may be liable.

Z. NON-DISCRIMINATION: By submitting their bids or proposals, offerors certify to the County 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 Virginias with Disabilities Act, the Americans with Disabilities Act and Virginia Code § 2.2-4311. 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 recipients religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender 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. (Virginia Code § 2.2-4343.1(E)).

Every contract over $10,000 shall include the provisions:

1. During the performance of this 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, national origin, age, disability or any other basis prohibited by 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, shall state that it 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 these requirements.

2. The contractor will include 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.

AA. NON-DISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the County 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.

BB. NON-DISCRIMINATION OF FAITH-BASED ORGANIZATIONS: The County of Albemarle does not discriminate against faith-based organizations.

RFP# 2024-RFP-1003262 Page 12 of 32

CC. OFFER ACCEPTANCE: Bids or Proposals (Offers) must be submitted by the date and time stated in this solicitation. Offers will be date and time stamped upon receipt and retained unopened in a secure location until proposal opening. No consideration will be given to date of postmark or error in delivery to incorrect address. It is the responsibility of the offeror to ensure timely and correct delivery of Offer.

DD. ONLINE VENDOR REGISTRATION REQUIRED: In the event of contract award, vendor is required to register using the County’s online vendor registration in order to issue purchase orders and payments to your firm. Further information regarding our online vendor registration can be found on our website at www.albemarle.org/purchasing or you can go directly to the site at http://bso.albemarle.org/bso/.

EE. OSHA STANDARDS: All contractors and subcontractors performing services for the County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

FF. OWNERSHIP OF DOCUMENTS: All information, documents, and electronic media furnished by the County to the Contractor belong to the County, are furnished solely for use in connection with the Contractor’s performance of Services required by this Agreement, 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 County hereunder is specifically authorized in writing by the County in advance. All documents or electronic media prepared by or on behalf of the Contractor for the County are the sole property of the County, free of any retention rights of the Contractor. The Contractor hereby grants to the County an unconditional right of use, for any purpose whatsoever, documents or electronic media prepared by or on behalf of the Contractor pursuant to this Agreement, free of any copyright claims, trade secrets, or any other proprietary rights with respect to such documents.

GG. PAYMENT:

a. To Prime Contractor:

1. The County shall promptly pay for completed delivered goods or services by the required payment date. The required payment date shall be either: (i) the date on which payment is due under the terms of a contract for the provision of goods or services, or (ii) if a date is not established by contract, not more than 45 days after goods or services are received or not more than 45 days after an invoice is rendered, whichever is later. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial executions or deliveries to the extent that the contract provides for separate payment for partial execution or delivery.