RFP 2024-01 Subdivision Ordinance Rewrite.pdf

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 1

GOOCHLAND COUNTY

Purchasing Department

P.O. Box 10, Goochland, Virginia 23063-0010 Phone: 804.556.5802 Fax: 804.556.5676

Email: mzapata@goochlandva.us

REQUEST FOR PROPOSALS (RFP)

DATE OF THIS REQUEST: December 5, 2023

DESCRIPTION: CONSULTING SERVICES FOR SUBDIVISION ORDINANCE REWRITE

OPTIONAL PRE-PROPOSAL CONFERENCE: December 13, 2023 at 10:00 a.m. (In-Person/Virtual)

PROPOSAL DEADLINE: January 10, 2024, 2:00 p.m. Local Prevailing Time (LPT)

SUBMISSION:

5 copies of the proposal and one (1) original (clearly marked “ORIGINAL”), and a digital copy on a USB drive shall be submitted in a sealed container. The face of the container shall be clearly marked in the lower left corner as follows:

RFP#: 2024-01

RFP FOR: Subdivision Ordinance Rewrite Consulting Services DUE: January 10, 2024, AT 2:00 p.m. LPT

Proposal must be submitted to:

Mary Zapata, Purchasing Director 1800 Sandy Hook Road, Room 352 Goochland, VA 23063

Proposals must be submitted by the date and time stated above or they will remain unopened. No allowance will be made for postmark or error in delivery to incorrect address. It is the sole responsibility of the offeror to ensure timely and correct delivery of proposal to the Purchasing Department, Room 352, 3rd floor of the County Administration Building at the corner of Routes 522 and 6.

IMPORTANT – PLEASE NOTE:

Not all overnight delivery services guarantee timely next day delivery to this location. Please check with the service you use.

For information relating to this RFP, contact:

Mary Zapata, Purchasing Director Ph: 804.556.5802 mzapata@goochlandva.us mailto:mzapata@goochlandva.us

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 2

Obligation of Offeror: By submitting a proposal, Offeror covenants and agrees that it is satisfied, from its own investigation of conditions to be met, that it fully understands the obligation and that it will not make any claim for, or have right to cancellation or relief from the resulting contract, because of any misunderstanding or lack of information.

Offeror further agrees that conditions herein have been carefully read and this proposal is submitted subject to all requirements stated herein. The undersigned hereby acknowledges and agrees, if this proposal is accepted, to furnish all services agreed upon in strict accordance with the contract.

Name and Address of Firm: ____________________________________

Date: ______________________________________________________

By: ______________________________________________________ (Signature in Ink)

Name: ______________________________________________________ (Please Print)

Title: ______________________________________________________ (Please Print)

FEI/FIN NO. _________________________________________________

State Corporation Commission (SCC) NO.__________________________

Phone: (_____) _______________________________________________

Fax: (_____) _______________________________________________

Email: ______________________________________________________

ACKOWLEDGE RECEIPT OF:

Addendum 1_________ Addendum 2_________ Addendum 3_________

SUBMIT WITH PROPOSAL

Certification of Non-Collusion (Attachment A - page 15) Completed IRS W-9 Form List Proprietary Information (include page numbers)

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 3

PURPOSE

Goochland County (hereinafter referred to as “the County”) is seeking sealed proposals from qualified firms or consortium of firms to assist the County with a rewrite of the County’s Subdivision Ordinance and amend related provisions of the Zoning Ordinance of Goochland County.

BACKGROUND

Goochland County is a prosperous and vibrant community rich with history and opportunity. It is a community of approximately 25,000 residents located in Central Virginia, on the western edge of the Richmond Metropolitan Area approximately 25 miles southeast of Charlottesville. Goochland County enjoys a AAA bond rating from the top three rating agencies: Standard and Poor’s, Moody’s, and Fitch.

The county has four interchanges along Interstate 64 and three along State Route 288 that serves as a limited access major arterial serving the southern and western Richmond Metropolitan area. The county is an exurban area that is experiencing significant development interest and growth.

The existing subdivision ordinance was last thoroughly evaluated and re-written in 1988 and has been modestly revised in the past several years. The lack of a recent comprehensive reevaluation has resulted in an ordinance that includes outdated provisions, internal ordinance inconsistencies, state code conflicts, inconsistency with the County’s zoning ordinance, and provisions that cause confusion for developers and residents. The county’s subdivision ordinance is not well-equipped to address the current development occurring in the county.

1. Resources

a. General

• Goochland County Subdivision Ordinance APPENDIX B - SUBDIVISIONS | Code of Ordinances | Goochland County, VA | Municode Library, including pending or recent amendments not yet codified.

• Goochland County Zoning Ordinance Mini TOC: Chapter 15 - ZONING | Code of Ordinances | Goochland County, VA | Municode Library

• Goochland County 2035 Comprehensive Plan 2035 Comprehensive Plan | Goochland County, VA - Official Website (goochlandva.us)

• Goochland County Strategic Plan Strategic-Plan-for-2014---2018-PDF (goochlandva.us)

• Goochland County 2040-Major-Thoroughfare-Plan-PDF (goochlandva.us)

• Goochland County Utility Master Plan Goochland-County---Utility-Master-Plan---

August-2020 (goochlandva.us)

• Goochland County Parks and Recreation Master Plan Parks-Master-Plan-PDF

(goochlandva.us)

SCOPE OF SERVICES

The Successful Offeror will assist staff with a comprehensive rewrite of the Subdivision Ordinance and related amendments to the Zoning Ordinance resulting from the new Subdivision Ordinance, and provide services including, but not limited to, the following:

1. Evaluating the existing subdivision ordinance and presenting a general overview of initial analysis and recommendations to County staff.

https://library.municode.com/va/goochland_county/codes/code_of_ordinances?nodeId=APXBSU https://library.municode.com/va/goochland_county/codes/code_of_ordinances?nodeId=APXBSU https://library.municode.com/va/goochland_county/codes/code_of_ordinances?nodeId=COOR_CH15ZO https://library.municode.com/va/goochland_county/codes/code_of_ordinances?nodeId=COOR_CH15ZO https://www.goochlandva.us/250/2035-Comprehensive-Plan https://www.goochlandva.us/DocumentCenter/View/90/Strategic-Plan-for-2014---2018-PDF?bidId= https://www.goochlandva.us/DocumentCenter/View/254/2040-Major-Thoroughfare-Plan-PDF?bidId= https://www.goochlandva.us/DocumentCenter/View/1388/Goochland-County---Utility-Master-Plan---August-2020 https://www.goochlandva.us/DocumentCenter/View/1388/Goochland-County---Utility-Master-Plan---August-2020 https://www.goochlandva.us/DocumentCenter/View/309/Parks-Master-Plan-PDF https://www.goochlandva.us/DocumentCenter/View/309/Parks-Master-Plan-PDF

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 4

2. Restructuring and rewriting the subdivision ordinance to bring it into compliance with state law and good land use practices, including updated land use policies.

3. Creating a user-friendly subdivision ordinance that provides clearly stated provisions, guidelines, and processes. The use of illustrations, tables, and matrices where appropriate should be given consideration to convey requirements and concepts to aid in interpretation and compliance.

4. Reviewing the comprehensive plan and zoning ordinance regarding land use and development standards affecting the subdivision and development of land to ensure consistency of the new subdivision ordinance with community goals and regulations.

5. Ensuring consistency between the zoning and subdivision ordinances and developing amendments to the zoning ordinance necessitated by the new subdivision ordinance.

6. Developing a public outreach strategy in coordination with County staff. The strategy should include, but not be limited, outreach to stakeholders such as the Board of Supervisors, Planning Commissioners, and citizens, as well as stakeholders such as developers, land use attorneys, surveyors, and engineers who frequently work in the County.

7. Preparing drafts of the subdivision ordinance for review by staff and the Planning Commission, culminating in a final version to be considered by the Planning Commission for recommendation to the Board of Supervisors for final action.

8. Ensuring the new subdivision ordinance is well-organized, efficient, strategic, intuitive, and compatible and functional online with Municode.

9. Throughout the entire process, communicating and meeting, anticipated to be bi-weekly, with the County’s project team, which will include the Assistant Director of Community Development, the Director of Community Development, and the County Attorney. It is anticipated that members of the County's Planning Commission will play a role in the process.

Offerors shall include in the Proposal a description of any significant task not listed in the Scope of Services which they know to be necessary either as reimbursable expenses under the Contract or as a service to be contracted for separately by County.

County may add to the Scope of Services or make changes in the Scope of Services for services of a similar nature to those specified in the Scope of Services of this Request for Proposals as mutually agreed to at a price mutually agreed upon by both parties. A contract amendment and/or purchase change order will be issued to change the contract.

DELIVERABLES

As part of this proposal, there are anticipated tasks and deliverables. Tasks are generally those items considered to be part of the research and preparation for the ordinance development, final presentation, and final documents. The list of tasks gives guidance and is not to be considered exhaustive. Rather, the list demonstrates some expectations of the successful firm, but more tasks would occur as the County and firm determine they are necessary to complete the project. Deliverables are those items anticipated to be prepared and provided to the County at differing stages, as well as the resulting ordinance amendments.

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 5

1. Proposal Tasks

a. Submit as part of your proposal a preliminary outreach strategy/process for the development community and residents for ordinance development, including web-based interactive tools to share with community and receive input.

b. Submit an estimated post-award timeline for completion of the tasks and deliverables within the project completion time frame.

2. Post Award Tasks

a. Meetings with staff, including regular bi-weekly (virtual or in-person) meetings with the

County’s project team. Other meetings with county staff as needed.

b. Assessment of the existing subdivision ordinance document prepared and submitted for

County’s project team review and comment prior to commencement of ordinance preparation tasks.

c. Prepare and submit final development community/public outreach and engagement plan within 10 days of contract award.

d. In-person public outreach (unless health restrictions require electronic means) to include:

1) A minimum of 2 community meetings

2) Individual meetings with development community representatives

3) Work session with Board of Supervisors and Planning Commission

e. Management of online interactive tools for community engagement and input

f. Collect and review input from development community and public outreach, discuss with the

County project team, and incorporate into proposed ordinance amendments

g. Preparation and submittal of deliverables

h. In-person presentation of final ordinance amendments before the Planning Commission at public hearing

i. In-person presentation of final ordinance amendments before Board of Supervisors at public hearing

3. Deliverables

a. Development community/public outreach strategy. A final development community/public outreach strategy should be developed and submitted for approval by the County’s project team within 10 days of project initiation.

b. Assessment of existing subdivision ordinance against state law requirements and in the context of the existing zoning ordinance, standards, and review process. The awarded firm will undertake review of the existing subdivision ordinance, with recent and currently proposed amendments, and other information available and prepare assessment of the subdivision ordinance. A document with the analysis and general guidance must be submitted for review and comment by the county’s project team prior to proceeding with drafting ordinance amendments.

c. Draft of Subdivision Ordinance and amendments to applicable provisions of Zoning Ordinance

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 6

(see e. below for content).

d. Preparation of required legal advertisements for the ordinance amendments, acceptable to the

County Attorney.

e. Project documents which, at a minimum, include:

1) Collected comments from community and stakeholder meetings and online input.

2) Maps, diagrams, illustrations, sample plans and plats as appropriate to demonstrate regulation and process, recommendations, guidelines and concepts,

3) Process flowcharts to demonstrate application, review, and response procedures and processes.

4) Implementation. Provide recommended steps for County staff to implement the ordinance amendments through its policies and procedures, and, if appropriate, future steps or other necessary regulation review.

f. Submit 16 Copies (full color) of final ordinance and amendments.

g. Electronic editable versions of final subdivision ordinance and amendments to the zoning ordinance, including supporting documentation submitted to the County’s project team.

PROJECT SCHEDULE

The proposed subdivision ordinance and proposed zoning ordinance amendments must be completed and submitted to the County’s project team within 6 months from contract award, with adoption of the proposed amendments anticipated within 9 months. Extensions are only permitted with authorization from the County. Expedited reviews may be required on a case by case basis.

ATTACHMENTS

Attachment A - Certification of Non-Collusion Attachment B – Sample Contract for Professional Services

OFFEROR MINIMUM QUALIFICATIONS

Offerors must demonstrate that they have the resources and capability to provide the materials and services as described herein. All offerors shall submit documentation with their proposals indicating compliance with the minimum qualifications. The following criteria shall be met and presented in the Experience/References tab of the written proposal in order to be eligible for this contract:

1. Experience in ordinance revisions of similar size, scope, and complexity in the past five (5) years.

2. A minimum of one sample work product related to a completed subdivision and/or similar ordinance amendment.

4. The ability to finish projects within a specified time frame and on budget.

5. Offerors must be licensed to do business in Virginia.

County may make such reasonable investigations as deemed proper and necessary to determine the ability of Offeror to perform the Work and/or furnish the item(s) and Offeror shall furnish to County all such information and data for this purpose as may be requested. County reserves the right to inspect Offeror’s capabilities. County further reserves the right to reject any proposal if the evidence submitted by, or investigations of, Offeror fails to satisfy County that Offeror is properly qualified to carry out the obligations of the contract and to complete the Work and/or furnish the items contemplated therein.

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 7

REQUEST FOR PROPOSAL SCHEDULE

As a guideline, Goochland County anticipates the following timetable:

Date Activity/Event December 5, 2023__ Issue Request for Proposals December 13, 2023 Optional Pre-Proposal Conference at 10:00 a.m. *see note below December 15, 2023__Deadline for questions is 12:00 noon January 10, 2024__ Proposals due prior to 2:00 p.m.

January 24, 2024__ Evaluation of proposals completed January 26, 2024__ Notify top ranked Offerors to be interviewed February 2, 2024__ Interviews with top ranked Offerors (Offerors are asked to reserve this date) April 1, 2024__ Anticipated Contract Award

*Optional Pre-Proposal Conference: December 13 at 10:00 a.m. EST Goochland County will offer two options to attend this conference to answer any questions in relation to this RFP, you can join either on-site or virtual on:

ON-SITE: will be held at the following address:

Goochland County Administration Building 1800 Sandy Hook Road Room 270 Goochland, VA 23260

VIRTUAL: Microsoft Teams meeting Call in (audio only) +1 804-362-6796 United States, Richmond Phone Conference ID: 293 661 833#

INSTRUCTIONS TO OFFERORS

1. See SUBMISSION paragraph on cover sheet for instructions on number of copies, requirement for sealed container, and appropriate marking on container.

2. All proposals must remain valid for 90 days from opening date.

3. Proposals will be time-stamped upon receipt and kept unopened in a secure location until opening.

4. No consideration will be given to date of postmark.

5. Except as otherwise provided, and in accordance with Va. Code § 2.2-4342, all proceedings, records, contracts and other public records relating to the County’s procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq). Proposals shall not be available for inspection by offerors until interviews, if scheduled, are completed. After award all proposals become a matter of public record and are available for inspection by the general public. Trade secrets or proprietary information submitted by an Offeror in connection with this procurement transaction shall not be subject to the Virginia Freedom of Information Act, but only if Offeror (i) invokes the protections of Virginia Code § 2.2-4342 prior to or upon submission of the data or other materials; (ii) identifies the specific data or other materials to be protected, and

(iii) states the reasons why protection is necessary. The proprietary or trade secret material

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 8 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 and will result in rejection of the proposal. Redacted copies, clearly marked for proposals containing proprietary or confidential information shall be submitted with proposals.

6. County will assume no responsibility for oral instruction or interpretation. Any question regarding the procurement solicitation shall be in writing to Mary Zapata, Purchasing Director by email to: mzapata@goochlandva.us. Questions must be received by 12:00 noon on December 20 15 , 2023 . 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 material change will be submitted to all Offerors through issuance of an addendum. Addenda will be posted on the County website at www.goochlandva.us and eVA at www.eva.virginia.gov. Any contact with any County representative concerning this RFP is prohibited, except as outlined above. Such unauthorized contact may disqualify your firm from this procurement.

7. Each Offeror shall be prepared, if so requested by County, to present evidence of its experience, qualifications, and financial ability to carry out the terms of the Contract.

8. Proposals shall be signed by an authorized representative of Offeror. All information requested should be submitted. Failure to submit all information requested may result in County 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 County.

Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

9. County reserves the right to reject any and all proposals and waive all informalities. In the event County rejects all proposals, County may readvertise or make the purchase on the open market.

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

11. Any Offeror organized or authorized to transact business in Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia MUST include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any Offeror not required to be authorized to transact business in Virginia as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law MUST include in its bid or proposal a statement describing why the offeror is not required to be so authorized. No Offeror failing to provide the required information shall receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement Virginia Code § 2.2-4311.2 is granted by the County Administrator. County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of Virginia Code § 2.2-4311.2.

12. The Successful Offeror will be required to execute the accompanying contract. Exceptions to proposed contractual terms and conditions, other than such terms and conditions required by statute, regulation, ordinance, or standards developed pursuant to Virginia Code § 2.2-1132, shall be submitted in writing after the qualified Offerors are ranked for negotiations.

13. 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 mailto:mzapata@goochlandva.us http://www.goochlandva.us/

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 9 desirable, although their absence will not have a large impact and would be useful but are not necessary. The inability of Offeror to satisfy a “must” or “shall” requirement does not automatically remove Offeror from consideration; however, it may seriously affect the overall rating of Offeror’s proposal.

PROPOSAL FORMAT AND CONTENT

Proposals should be as concise as possible and include only necessary information, tables, illustrations, photographs, etc. needed to adequately convey the requested information. The proposal shall be limited to a maximum of 40 pages (front and back acceptable and excludes tabs) using no less than a 12-font size.

Proposal content shall be prepared simply and concisely. Elaborate artwork, expensive paper, bindings, visual and other presentation aids are not required. To provide each Offeror an equal opportunity for consideration, adherence to a standardized proposal format is required. The format of each proposal should contain the following elements organized into separate chapters and sections:

1. Obligation of Offeror: Furnish the information requested on Page 2 Obligation of Offeror of this solicitation. The name stated on the Title Sheet must be the full legal name of the Offeror and the address must be that of the office which will have the responsibility for the services provided.

Acknowledge all addenda, if any.

Offerors shall specify on the Obligation of Offer sheet the section(s) containing trade secrets or proprietary information. Redacted copies, clearly marked for proposals containing proprietary or confidential information shall be submitted with proposals as a separate copy.

2. Management Approach/Methodology:

A. Statement by Offeror of its understanding of the work to be performed with descriptions of the approach and illustrations of the procedures to be employed.

B. Discussion of procedures to be employed and additional information to be required of County in connection with the work.

C. Timing of each significant phase of the work.

D. Type of program used (tailor-made, etc.)

E. Use of specialists.

F. Tentative schedule for completing work herein.

G. Based on the information provided in this Request for Proposals, identify all materials and services expected from the County in addition to general assistance.

H. The Offeror may also discuss potential alternatives applicable to the work.

3. Control Project Cost:

The Offeror shall demonstrate its capacity to effectively control project costs and accomplish work expeditiously and to provide services that are responsive to the client’s needs, particularly in relation to quality assurance and interdisciplinary coordination.

4. Offeror’s Experience and Capabilities: The purpose of this section is to provide the County with an overview of the Offeror’s firm and also demonstrate the qualifications of the staff to be assigned to this work if selected. At a minimum, the proposal shall discuss the history of the firm’s prior experience providing similar services, discuss any work currently being performed that is similar in scope and size to the services requested by this RFP, and the optional services and capabilities

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 10 declared above. The Offeror should:

A. Summarize the organization structure and size of the company plus its date of organization and current principal place of business.

B. Outline and briefly discuss the Scope of Services provided and the approximate percentage of the total business devoted to the type of services requested in this RFP.

C. Provide a list of projects that comprise the type of projects anticipated by the Scope of Services.

D. Describe the Offeror’s local office experience with similar projects.

E. Describe any local office(s) that will service the County including size, area covered, and principal contact person.

The Offeror should also specify, in a similar manner with reference, etc., the qualifications of any subcontractors to be used in this proposed project. Provide information regarding previous work experience with the County.

A. The County reserves the right to make such additional investigations as it may deem necessary to establish competency and financial stability of any Offeror. If, after the investigation, the evidence of competency and financial stability is not satisfactory, in the sole opinion of the County, the County reserves the right to reject the proposal.

B. Describe detailed information regarding change orders on recent projects.

C. Describe the documentation, tracking and reporting system.

D. Describe the program for quality control.

5. Project Team Qualification and Experience:

This section must include the qualifications of the staff the Offeror will assign to this project once selected. At a minimum, the proposal should:

A. Designate a Project Manager and indicate office location.

B. Include the organization, functional discipline, and responsibilities of project team members.

C. Provide a complete resume or description of each team member’s education, professional experience, length of time employed by the Offeror and/or a subcontractor and office location.

The personnel named in the proposal shall remain assigned to the project throughout the period of the contract. No diversion or replacement may be made without submission of a resume of the proposed replacement with final approval of the County.

The Offeror shall clearly state if is proposing to subcontract any of the work herein. The names of the subcontractors are to be provided and by proposing such firm(s) or individuals, the Offeror assumes full liability for the subcontractor’s performance. The Offeror shall state the amount of previous work experience with the subcontractor(s).

6. Representatives Projects:

This section of the Offeror’s Proposal should:

A. List or describe representative clients currently served, both nationally and by the local office focusing on clients similar in size and complexity to the County.

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B. Provide the current name, address, and telephone number of at least five (5) specific references (preferably local government) the company has served either currently or in the past three (3) years; preferably those where one or more of the project team members provided the same or similar services as requested herein.

Each reference should indicate the Scope of Services provided to each referenced client.

7. Insurance. A description of insurance carried, detailing limits of Professional liability insurance.

8. Other Information. Include other relevant information Offeror deems necessary to describe its qualifications to provide the services needed to successfully complete work described in the Scope of Services or which Offeror deems are relevant to its selection.

Based on the information provided in this Request for Proposals, Offeror should identify all materials and services expected from the County in addition to general assistance.

PROPOSAL EVALUATION CRITERIA

The proposal review committee will be using a numerical scoring system, and the following criteria to evaluate and rank the proposals submitted:

Maximum Points Evaluation Criteria 25 Management Approach/Methodology 20 Ability to control project costs 30 Firm and Project Team qualifications and experience 25 Representative Projects and References

SELECTION PROCESS

The County will procure this service using competitive negotiations per Sec.11-28 of the Goochland County Code, as follows:

Selection and award. The county shall engage in individual discussions with two (2) or more offerors deemed fully qualified, responsible, and suitable on the basis of initial response and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. The offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. In addition, offerors shall be informed of any ranking criteria that will be used by the public body in addition to the review of the professional competence of the offeror. The request for proposal shall not, however, request that offerors furnish estimates of man-hours or cost for services. In addition, request for proposals for architectural and engineering services shall not request or require offerors to list any exception to proposed contractual terms and conditions, unless such terms and conditions are required by statute, regulation, ordinance, or applicable capital outlay standards, until after the qualified offerors are ranked. At the discussion stage, the county may discuss nonbinding estimates of total project costs, including, but not limited to, life-cycle costing, and where appropriate, nonbinding estimates of prices for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, outlined in this subdivision, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process to this point, the county shall select in the order of preference two (2) or more

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 12 offerors whose professional qualifications and proposed services are deemed the most meritorious.

Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the county can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the Offeror ranked first shall be formally terminated and negotiations conducted with the Offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should County determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror.

GENERAL TERMS AND CONDITIONS

1. APPLICABLE LAW. This Contract is made, entered into, and will be performed in Goochland, Virginia, and will be governed in all respects by the laws of Virginia. Venue for any litigation arising out of this Contract will be brought in the courts of Goochland County, Virginia. Offeror shall comply with all applicable federal, state, and local laws and regulations.

2. APPROPRIATIONS. County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for this purpose through appropriation by the Board of Supervisors.

3. CONFIDENTIALITY. In the course of performance, the parties recognize that Contractor may come in contact with or become familiar with information which County may, within the law, consider confidential. This information includes, but is not limited to, information pertaining to personal information of personnel, citizens, or clients. Contractor shall keep all such information confidential in accordance with state and federal laws and regulations.

4. CONTRACT DOCUMENTS. The Contract Documents will consist of County’s contract or Purchase Order, Request for Proposals, all special conditions, all supplemental conditions, any addenda to any of these documents, and the proposal submitted by Offeror. If there is a conflict between any documents, then the order of precedence will be as listed herein.

5. DESIGNATED PERSONNEL. Offeror may not change personnel in key positions designated in the staffing section of its proposal without the permission of County. County will not consent to or accept any substitutions if, in its sole discretion, to do so would increase County’s cost or would result in the reduction of quantity or quality of the services to be provided.

6. ETHICS IN PUBLIC CONTRACTING. This Request for Proposals incorporates by reference any applicable state or federal law related to ethics, conflicts of interest, or bribery, including the Virginia Conflict of Interests Act, the Virginia Governmental Frauds Act, and the Virginia Code. Offeror certifies that its offer is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer, or subcontractor in connection with this solicitation, and that it has not conferred on any public employee having official responsibility for this solicitation any payment, load, 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. Offerors shall complete and submit the attached Certification of No Collusion (Attachment

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 13

A), which will constitute material representations and warranties with respect to this Request for Proposals.

7. FAITH-BASED ORGANIZATIONS & NON-DISCRIMINATION. In the solicitation and awarding of contracts, County does not discriminate against faith-based organizations or any other bidder or offeror because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment.

8. GOOCHLAND BUSINESSES. It is the policy of Goochland County to facilitate the establishment, preservation, and strengthening of minority-owned businesses, service disabled veteran-owned businesses, small businesses, women-owned businesses, and businesses located in Goochland County and to encourage their participation in County’s procurement activities. These businesses are encouraged to respond to all solicitations. In addition, County strongly encourages Offeror to actively solicit these types of businesses as subcontractors/suppliers for projects. Offeror is asked, as part of its submission, to describe any planned use of such businesses in fulfilling the requirement of this Request for Proposals.

9. INSURANCE. Offeror shall, by a date to be established by County, purchase and maintain, at its own expense, from a company(ies) authorized to do business in Virginia, insurance policies from the following types of coverages and minimum limits of liability, protecting from claims which may arise out of or result from Offeror’s performance of services or provision of goods under this RFP, and also covering anyone directly or indirectly employed by Offeror or for whose acts it may be liable, with respect to the performance hereunder:

A. Comprehensive General Liability, including Premises and Operations, with limits of $1,000,000 per occurrence / $2,000,000 Total Bodily Injury (including death) $1,000,000 per occurrence / $2,000,000 Total Property Damage

B. Comprehensive Automobile Liability with limits of $1,000,000 per occurrence / $2,000,000 Total Bodily Injury (including death) $1,000,000 per occurrence / $2,000,000 Total Property Damage

C. Employer’s Liability for Participants not covered by workers’ compensation insurance in an amount not less than $100,000.

D. Professional Liability Insurance with limits of not less than $1,000,000 per claim and $2,000,000 in the aggregate. If Offeror’s professional liability coverage is on a “claims-made” basis, then Offeror shall obtain extended reporting (tail) coverage (with the same liability limits) upon expiration of this Contract for at least 3 years following the expiration or termination of the Contract.

Successful Offeror shall obtain and maintain such workers’ compensation coverage as may be required pursuant to the provisions of the Virginia Code and shall require any subcontractor to do the same.

Successful Offeror shall include the provisions of this subsection within each of its subcontracts, so as to bind each subcontractor.

A certificate of insurance shall be submitted to County upon its request and included as part of the Contract.

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Successful Offeror shall furnish County a binder adding County as an additional insured on the comprehensive general liability and comprehensive automobile liability policies and include the following language: “The above-described policies shall not be canceled, modified, or amended, or coverage reduced without the issuing company providing 30 days’ advance written notice to Goochland County.”

Should insurance coverage by changed or canceled, Successful Offeror shall furnish a valid binder evidencing the required insurance. Failure to deliver such binder will result in suspension of all payments until the binder is furnished.

All insurance required shall be and remain in full force and effect for the term of the Contract.

No contract shall be binding upon County until all insurance requirements and policies, have been timely obtained by Successful Offeror, approved as to form and sufficiency by the County Attorney, and, if requested, filed with County.

10. TRANSACTING BUSINESS IN VIRGINIA. Offeror must be authorized to transact business in Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Virginia Code or as otherwise required by law. Offeror shall not allow its existence to lapse or its certificate of authority or registration to transact business in Virginia to be revoked or canceled at any time during the Contract Term. County may void the Contract Documents if Offeror fails to remain in compliance with the provisions of this section.

11. WORKPLACE PROVISIONS. During performance of the Contract, Contractor shall abide by the following workplace provisions. If Contractor engages any subcontractor or vendor to provide services hereunder, then Contractor shall include these provisions in every subcontract or purchase order over $10,000:

A. Contractor shall 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 Contractor. Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Also, Contractor, in all solicitations or advertisements for employees placed by or on behalf of Contractor, will state that it is an equal opportunity employer.

B. Contractor shall: (i) provide a drug-free workplace for Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in 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 Contractor that Contractor maintains a drug-free workplace. For the purposes of this paragraph, “drug-free workplace” means a site for the performance of work done in connection with the Contract awarded to Contractor in accordance with this procurement transaction, where 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.

C. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 15 regulation will be deemed sufficient for the purpose of meeting the requirements of these sections.

ATTACHMENT A

CERTIFICATION OF NO COLLUSION

The undersigned, acting on behalf of__________________________________________, does hereby certify in connection with the procurement to which this Certification of No Collusion is incorporated and attached that:

He/she has the authority to bind the forenamed Offeror, and that this proposal/bid is neither the result of, or affected by, any act of collusion with another person engaged in the same line of business or commerce:

nor the result of, or affected by, any act of fraud punishable under Virginia Code § 18.2-498.1 et seq.

By:______________________________

Print Name

Title

Name of Company

Date

ACKNOWLEDGEMENT

The foregoing Certification of No Collusion was acknowledged before me this _____ day of , 20__, by _____________________________.

_____________________________ Notary

Public

My commission expires: __________________ Notary Registration Number: __________________

General procurement forms\RFP for professional services

RFP# 2024-01, Subdivision Ordinance Rewrite Consulting Services 16

Revised: 9/6/23