27-08-3364NS-Mechanicsville Village SAP RFP.pdf

RFP 27-08-3364NS Page 1

HANOVER COUNTY, VIRGINIA

REQUEST FOR PROPOSALS # 27-08-3364NS

Issue Date: August 11, 2026

Title: Community Planning Consultant for Mechanicsville Village Small Area Plan

Commodity Code: 90657 Land Development and Planning – Architectural

91892 Urban Planning Consulting

92561 Land Development and Planning/Engineering

Issuing Department: Hanover County, Virginia

Finance and Management Services Department/Purchasing Division

7507 Library Drive

P.O. Box 470

Hanover, VA 23069-0470

Location Where Service Hanover County, Virginia

Will be Provided: Planning Department

7516 County Complex Road

Hanover, VA 23069

Period of Contract: From Award Date through Completion of Project

Sealed proposals will be received by the issuing department prior to 2:00 PM (prevailing time), September 15, 2026, for furnishing the services described herein.

It is preferred that responses to this solicitation be submitted electronically. For assistance, contact eVA Customer Care at 1-

866-289-7367.

All inquiries for information should be directed to: Niyoka Stewart, Contract Manager, (804) 365-6061 or nlstewart@hanovercounty.gov and must be received no later than five (5) working days before the due date.

In compliance with this Request for Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.

Name and Address of Firm:

Date:

By:

Name:

Signature

Title:

Please Print eVA Vendor ID Telephone No.

E-mail Address: FAX No.

PRE-PROPOSAL CONFERENCE: An optional pre-proposal conference will be held at 10:30 AM on August 25th at 7507

Library Drive, Hanover, VA 23069 (Reference Section 6.4 herein)

This public body does not discriminate against faith-based organizations mailto:nlstewart@hanovercounty.gov

RFP 27-08-3364NS Page 2

TABLE OF CONTENTS

1. GENERAL INFORMATION 3

2. STATEMENT OF NEEDS 3

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS 5

4. EVALUATION AND AWARD 7

5. GENERAL TERMS AND CONDITIONS 7

6. SPECIAL TERMS AND CONDITIONS 13

7. ATTACHMENTS 15

RFP 27-08-3364NS Page 3

1. GENERAL INFORMATION

1.1 PURPOSE: The purpose of this Request for Proposal is to solicit sealed proposals to secure the services of a qualified consultant to assist in development an overall vision and design guidelines for the Mechanicsville

Village Economic Development Zone (EDZ) to accommodate existing and targeted businesses, while creating high-quality places with a cohesive and human-scale appearance through the improvement, redevelopment, and revitalization of existing sites and corridors.

1.2 BACKGROUND: Hanover County is a growing suburban locality north of the City of Richmond, Virginia.

Approximately 22 percent of Hanover’s land area is planned for suburban development, while the remaining area is planned for low-density rural development and other agricultural and open space uses. The 2020 population is approximately 109,000 with an average annual growth rate of approximately one percent per year.

The Mechanicsville Village EDZ is oriented along US 360 and borders Henrico County at the Chickahominy

River and serves as a significant gateway into the County from points south and west. A limited access freeway bypass of the core of the village was constructed in the late 1960s, with an interchange at State Route 156 (Cold

Harbor Road), and US 360 Business follows the old corridor through the Village. Along this corridor, as well as the non-freeway portions of mainline US 360, commercial and light industrial uses predominate. The study area also includes residential uses, primarily to the north and west of US 360 Business, as well as east of the

Mechanicsville Bypass. The Mechanicsville Village EDZ is identified in the 2023 Comprehensive Plan

(Envision Hanover) as a renewal area, since it includes highly visible business areas that have the potential for additional redevelopment and reinvestment.

2. STATEMENT OF NEEDS

2.1 The Consultant shall work with the Hanover County Planning Department to develop the Mechanicsville

Village Small Area Plan. The project area is shown in Attachment X. Work on this project is anticipated to start in January 2027, with a draft plan prepared for the Planning Commission by September 1, 2027.

2.2 The Consultant shall provide design guidelines and planning recommendations, such as a revision to the existing overlay district or new overlay district(s), that would be used to evaluate zoning requests and/or develop land use regulations to ensure new development and redevelopment reflects the community’s vision for this area. Plan recommendations should include the following:

A. Design and Regulatory Standards: Develop design standards that could be implemented to help create cohesive development in the study area, including strategies to produce a more human-scale and pedestrian-oriented built environment, and specific recommendations regarding streetscape improvements (signage, lighting, street tree species, etc.) that could be used to create pleasant, walkable spaces. Recommendations should also include a review of any potential changes to the regulatory framework guiding development and redevelopment in the study area, particularly the Mechanicsville Village Overlay zoning district, and consideration of additional overlay districts for other portions of the study area.

B. Redevelopment and Revitalization Programs/Policies: Identify creative policies and programs, including incentive programs, that could encourage the redevelopment of older, auto-oriented sites along the corridor, as well as context-sensitive infill development, and the renovation and reuse of existing structures, especially those with historic significance.

i. Key sites in the study area include (but are not limited to) the entire length of US Route 360 Business, the concentration of light industrial uses adjacent to the Chickahominy River/Henrico County Line, and underutilized commercial properties along Stonewall Parkway.

ii. Consideration should be given to increasing the availability of and access to everyday goods and services, including but not limited to grocery stores or other means of access to healthy food options.

iii. Through an analysis of housing stock, including consideration of rental vs. ownership in the study area, identify creative policies and programs to revitalize residential neighborhoods, improve property maintenance and appearance (particularly rental properties), and protect existing neighborhood character.

C. Conceptual Plans: Develop a conceptual plan for 3 – 4 areas within the study area that have the greatest potential for development or redevelopment, providing guidance on how sites could be designed to create

RFP 27-08-3364NS Page 4 cohesive, human-scale urban form.

D. Infrastructure Improvements: Identify public improvements needed to support new development, redevelopment, and revitalization of the current built environment and provide planning-level cost estimates for projects that could be implemented by Hanover County and/or developers, including roadway improvements, pedestrian/bicycle improvements (area identified as a pedestrian/bicycle capital investment focus area), parks/recreation facilities, public utilities (water/sewer), and placemaking/urban design improvements (streetscapes, signage and wayfinding, lighting, etc). Identify key transportation improvements to improve capacity, safety, and walkability, which may include new roadway connections, intersection improvements, and alternative transportation infrastructure. Identify potential grant opportunities to facilitate implementation of any projects and programs recommended by the final plan.

2.3 County Planning Staff (Project Lead) project tasks and team responsibilities will be:

A. Coordinating with other departments (Economic Development, Public Utilities, Public Works, Parks and

Recreation, etc.) regarding economic development potential and infrastructure needs.

B. Preparing for and managing community engagement events (at least two rounds of engagement, with potentially open-house and pop-up style engagement opportunities), except for the focus group meetings

(mentioned below).

2.4 Consultant shall provide technical expertise and graphic design. Project tasks and team responsibilities shall include, but not limited to:

A. Collecting data regarding existing conditions through GIS data and site visits, including assessments of existing land uses, environmental resources/constraints, historic/cultural resources, and infrastructure, as well as a review of economic development studies that are completed and/or are underway.

B. Completing an analysis of existing housing stock, including evaluating rental vs. owned housing, the physical condition of existing housing, and potential housing needs for the study area. This should include recommendations as to different types of housing that are most appropriate for the study area and a consideration of the study area’s placement within the broader Mechanicsville/Hanover County housing market.

C. Preparing maps (in coordination with GIS team) and taking photos to illustrate existing conditions identified in section 2.4.A.

D. Preparing conceptual site layout for at least three sites (tentative interior road network, setbacks, parking location, building orientation, pedestrian accommodations, potential building heights, etc.) with associated building and development renderings, which will demonstrate how design-based recommendations can be applied within the study area. The intersection of Mechanicsville Turnpike and Atlee and Cold Harbor

Roads, where a roundabout is anticipated to be installed in 2028 and has traditionally served as the center of the village, should be considered. Another shall include a residential component, including renderings of appropriate housing types based on the housing study listed above, demonstrating architectural elements and site design techniques for greenfield and infill development compatible with the character and scale of existing residential homes in the study area.

E. Providing recommendations regarding building and landscape design based upon community feedback, with graphics prepared demonstrating these concepts (similar in quality and scope as those included in

Attachment E), which would be included within comprehensive design guidelines. Such guidelines will include recommended placemaking techniques (coordinated street signs, gateway signs, street lighting, etc.), with specific lighting and signage types identified and designed to construction detail.

F. Providing recommendations regarding regulatory updates including, but not limited to, modifications to the

Mechanicsville Village Overlay zoning district and other regulatory standards that are contrary to human-scale, pedestrian-oriented development patterns and to input received during the planning process, and providing recommendations regarding programs and policies to support economic development, revitalization, and neighborhood enhancement, including incentive programs for beneficial development and redevelopment.

G. Identifying public improvements needed to support new development or redevelopment and providing planning-level cost estimates for projects that could be implemented by Hanover County and/or developers, RFP 27-08-3364NS Page 5 including roadway improvements, pedestrian/bicycle improvements, parks/recreation facilities, public utilities (water/sewer), and placemaking/urban design. Identify key transportation improvements to improve capacity and safety, which may include new secondary roadways/connections and/or intersection improvements. Improving walkability throughout the study area, and especially along US Route 360

Business in the center of the village, is a key project goal.

H. Identify potential grant opportunities, and other funding opportunities, to accomplish the goals of the plan and design and construct recommended infrastructure improvements.

I. Developing outreach materials (posters, letters, PowerPoints, flyers, etc.) and preparing online surveys (or other electronic/remote means of public engagement) to support at least two rounds of public engagement

(Round #1: Visioning + Round #2: Feedback on Initial Recommendations, with open-house and pop-up events within each round) and public hearings before the Planning Commission and Board of Supervisors.

Outreach materials should place particular emphasis on the unique characteristics and history of the study area compared to the rest of Hanover County, distinguish what a Small Area Plan is and is not and how they are used once adopted, and ensure that community feedback obtained is substantive and can be easily translated into tangible action.

J. Facilitating one round of focus group meetings early in the planning process to gather feedback from targeted stakeholders.

K. Identifying any other policies, programs, and other tools that can be implemented to realize the plan’s vision, identifying general costs and ease of implementation.

L. Preparing the final plan text and creating a high-quality, aesthetically-pleasing layout (graphic design) for the plan that reflects the color and style of the Envision Hanover Comprehensive Plan and includes maps and graphics illustrating existing conditions and plan recommendations. The final plan text should be accessible and easily understandable and should draw a clear causal relationship between community input and the recommendations contained within the plan.

2.5 The work products listed above must be prepared in accordance with the following tentative timeline:

• Outreach Materials Prepared and Printed for Meeting #1: February 28, 2027

• Conceptual Plans and Initial Concepts for Design Guidelines Prepared and Printed for Meeting #2: June

15, 2027

• Draft Plan for Planning Commission Review: September 1, 2027

• Completing revisions to the draft plan based on Planning Commission feedback within 10 calendar days of the Planning Commission public hearing (to be determined - tentatively scheduled for September 16, 2027).

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

3.1 GENERAL INSTRUCTIONS

A. RFP Response: In order to be considered for selection, Offerors must submit a complete response to the

RFP. Proposals may be submitted electronically through eVA or by U. S. Mail, overnight service or hand delivery.

1. Electronically through eVA

a. For guidance on how to submit a proposal, contact eVA Customer Care at 1-866-289-7367.

b. If the Offeror determines that part or parts of its proposal are trade secrets or proprietary information that is not to be open to public inspection, the Offeror must submit an additional copy of its proposal that eliminates such part or parts. This copy shall be identified with the words “REDACTED

COPY”.

2. U. S. Mail, overnight service or hand delivery

a. A digital version of the proposal in PDF or DOC format on a USB.

b. If the Offeror determines that part or parts of its proposal are trade secrets or proprietary information that is not to be open to public inspection, the Offeror must submit an additional digital copy of its

RFP 27-08-3364NS Page 6 proposal that eliminates such part or parts. This copy shall be identified with the words

“REDACTED COPY” and should be submitted on the same USB.

B. Proposal Preparation:

1. 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 Purchasing 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.

2. 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.

3. 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, sub-letter, 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 sub-letter 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.

4. 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.

5. 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 § 2.2-4342F of the Code of Virginia, 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 or prequalification application, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time the

Offeror refuses to withdraw an entire classification designation, the proposal will be rejected.

(Reference Attachment C)

C. 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

RFP 27-08-3364NS Page 7 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.

3.2 SPECIFIC PROPOSAL INSTRUCTIONS: Proposals should be as thorough and detailed as possible so that the

County may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following items as a complete proposal:

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

B. Complete and return Attachments listed in Section 7.

C. A written narrative statement to include:

1. Experience of the company in providing this type of service.

2. Experience of individuals to be assigned to this project.

D. Specific plans for providing the proposed services.

E. Timeline for providing the proposed services.

F. Cost, including estimate of expenses.

4. EVALUATION AND AWARD

4.1 EVALUATION CRITERIA: Proposals shall be evaluated by the County using the following criteria:

Criteria Weight

Plans for providing the proposed services, to include timeline 45

Experience 35

Cost 20

4.2 AWARD: Following evaluation of the written proposals as submitted, selection shall be made of two or more

Offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the RFP, including price if so stated in the RFP. 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 County shall select the Offeror which, in its opinion, has made the best proposal, and shall award the contract to that Offeror, or to multiple Offerors should the County decide this to be in its best interest. Should the 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 than the others under consideration, a contract may be negotiated and awarded to that Offeror.

5. GENERAL TERMS AND CONDITIONS

5.1 eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, web site portal https://eva.virginia.gov streamlines and automates government purchasing activities. All vendors desiring to provide goods and/or services to the County shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All Offerors must register in eVA, failure to register may result in the proposal being rejected. The County advertises all competitive solicitations on eVA but does not issue purchase orders through eVA unless required to by the terms and conditions of a state issued contract.

5.2 ACCEPTANCE OF GOODS/SERVICES: Goods/services delivered shall remain the property of the Contractor until a physical inspection or actual usage of the goods/services is made and thereafter accepted to the satisfaction of the County. The goods/services must comply with the specifications and terms and conditions of this solicitation and be of the highest quality. In the event the goods/services supplied to the County are found to be defective or not to conform to specifications, the County reserves the right to cancel the contract upon written notice to the Contractor and return products to Contractor at the Contractor's expense.

5.3 ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the County will publicly post such notice in eVA (https://eva.virginia.gov) for a https://eva.virginia.gov/ https://eva.virginia.gov/

RFP 27-08-3364NS Page 8 minimum of 10 days.

5.4 ANTI-DISCRIMINATION: By submitting their 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 Virginians with Disabilities Act, the

Americans with Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Code of

Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in A and B below apply:

A. During the performance of this contract, the Contractor agrees as follows:

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

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, will state that such Contractor is an equal opportunity employer.

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

B. The Contractor will include the provisions of (A) above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

5.5 APPLICABLE LAWS AND COURTS: This solicitation is governed by the laws of the Commonwealth of

Virginia. Any dispute or controversy arising out of or relating to this solicitation or otherwise shall be brought in the Hanover County Circuit Court or in the United States District Court for the Eastern District of Virginia, Richmond Division; provided, however, that prior to the instigation of any such action (other than an action for equitable relief) a meeting shall be held at a mutually agreed upon location, attended by individuals with decision-making authority to attempt in good faith to negotiate a resolution of the dispute.

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

5.7 AUDIT: The Contractor shall retain all books, records and other documents relative to this contract for five (5) years after final payment, or until audited by the County, whichever is sooner. The County or its authorized representative shall have full access to and the right to examine any of said materials during said period. The

Contractor shall include the provisions above in every subcontract or purchase order, so that the provisions will be binding upon each subcontractor or vendor.

5.8 AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of lawfully appropriated funds.

5.9 BID PRICE CURRENCY: Unless stated otherwise in this solicitation, Offerors shall state offer prices in US dollars.

5.10 BIDDER, OFFEROR AND CONTRACTOR COMPLIANCE: All Bidders, Offerors and Contractors shall

RFP 27-08-3364NS Page 9 comply with the Virginia Public Procurement Act, (Code of Virginia § 2.2-4300, et seq.), and all applicable

County policies, regulations and procedures adopted pursuant thereto.

5.11 CONTRACT CHANGES: Any changes to the contract must be approved through issuance of a written contract addendum or change order. The County will not assume responsibility for the cost of any changes made without issuance of a written contract addendum or change order.

5.12 CONTRACTOR’S PERFORMANCE:

A. The Contractor agrees and covenants that its agents and employees shall comply with all County, State and

Federal laws, rules and regulations applicable to the business to be conducted under the Contract.

B. During the performance of this contract, the Contractor shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.

C. The Contractor shall cooperate with County officials in performing the Contract work so that interference with normal operations will be held to a minimum.

5.13 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 such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Any notice or claim shall be delivered to: Director, Finance and Management Services Department, 7507 Library Drive, Hanover, VA 23069-0470 and shall include a description of the factual basis for the claim and a statement of the amounts claimed or other relief requested. The County Administrator will render a decision on the claim and will notify the Contractor within 30 days of receipt of the claim. The Contractor may appeal the decision of the County Administrator to the Board of Supervisors by providing written notice to the

County Administrator, within 15 days of the date of the decision. The Board of Supervisors shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision shall be final unless the Contractor appeals the decision in accordance with the Virginia Public Procurement Act. Invoices for all services or goods provided by the Contractor shall be delivered to the County no later than 30 days following the conclusion of the work or delivery of the goods.

5.14 DEBARMENT STATUS: By submitting their proposals, Offerors certify that they are not currently debarred by the County from submitting bids 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.

5.15 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 terminate this contract and procure all goods and/or services contracted for, 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.

5.16 DEFINITION OF COUNTY: The Purchasing Division of the Finance and Management Services Department provides purchasing support for Hanover County Government, Hanover County School Board, Pamunkey

Regional Jail and Pamunkey Regional Library, hereinafter referred to as County. Any contract issued as a result of this solicitation shall be available for the use of any or all of these entities unless otherwise stated in the solicitation.

5.17 DRUG-FREE WORKPLACE: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the

Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the

Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the

RFP 27-08-3364NS Page 10 performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

5.18 ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, Offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

5.19 FORCE MAJEURE: If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party’s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of Force Majeure shall rest solely with the County.

5.20 IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that they do not, and shall not during the performance of the contract, knowingly employ an unauthorized alien as defined in the

Federal Immigration Reform and Control Act of 1986.

5.21 INDEMNIFICATION: Contractor agrees to indemnify the County, its officers, agents, and employees for any loss, liability, cost (including attorney’s fees), or reasonable settlement cost incurred as a result of any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the

County or to failure of the County to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered. The County will not agree to indemnify the Contractor.

5.22 INDEPENDENT CONTRACTOR: The Contractor is an independent Contractor and nothing contained in the contract shall constitute or designate the Contractor or any of its agents or employees as employees of the

County.

5.23 LICENSES AND PERMITS: The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Contractor’s work which are legally required prior to and during the work, including software licenses or other intellectual property permissions, unless otherwise specified by the County.

5.24 MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Failure to submit a proposal on the official County form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

5.25 NOTIFICATION: Any notice required by the contract shall be effective if given by registered mail, return receipt requested, to the Contractor in the name and at the address given in their proposal; provided that change of address shall be effective if given in accordance with this paragraph. Unless otherwise specified, any notice to the County shall be given to: County of Hanover, Director, Finance and Management Services Department, P. O. Box 470, Hanover, VA 23069-0470. The Contractor agrees to notify the County immediately of any change of legal status or of address.

5.26 PAYMENT:

A. To Prime Contractor:

RFP 27-08-3364NS Page 11

1. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number and/or purchase order number; social security number (for individual Contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

3. In those cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made (Code of Virginia, § 2.2-4353).

4. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the County shall promptly notify the Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve the County of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-

4363).

B. To Subcontractors:

1. A Contractor awarded a contract under this solicitation is hereby obligated:

a. To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the

County for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

b. To notify the County and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

2. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month

(unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the County, except for amounts withheld as stated in (b) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier Contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the County.

C. Construction Contracts:

1. The Contractor shall be liable for the entire amount owed to any subcontractor with which it contracts, regardless of whether the Contractor has received payment from the County under the contract.

a. The Contractor is not liable for amounts reducible due to the subcontractor’s noncompliance with the terms of the contract.

b. In the event the Contractor withholds all or a part of the subcontractor’s payment under the contract, the Contractor shall notify the subcontractor, in writing, of the Contractor’s intention to withhold all or part of the subcontractor’s payment, with the reason for nonpayment.

c. The Contractor’s receipt of payment from the County shall not be a condition precedent to the

Contractor’s payment to the subcontractor for amounts owed.

2. Any provision in this contract contrary to subdivision 1 of this section shall be unenforceable.

D. The County encourages Contractors to accept electronic and credit card payments.

5.27 PRECEDENCE OF TERMS: The following General Terms and Conditions; ANTI-DISCRIMINATION, RFP 27-08-3364NS Page 12

APPLICABLE LAWS AND COURTS, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM

AND CONTROL ACT OF 1986, DEBARMENT STATUS, MANDATORY USE OF COUNTY FORM AND

TERMS AND CONDITIONS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the

Special Terms and Conditions shall apply.

5.28 QUALIFICATIONS OF OFFERORS: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the

Offeror’s capabilities. The County further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the County that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

5.29 ROYALTY AND LICENSE FEES AND COPYRIGHT, TRADEMARK AND PATENT PROTECTION:

A. By submitting their proposal, Offerors certify that there will be no violation of copyrights or patent rights in manufacturing, producing, or selling the commodities or services to be ordered as a result of this solicitation.

B. Unless specified otherwise in the contract, the Contractor shall pay all royalty and license fees relating to the items covered by the contract.

C. In the event any third party shall claim that the manufacture, use and sales of these goods offered hereby constitutes an infringement of any copyright, trademark, or patent, the Contractor shall indemnify and hold harmless the County from any cost, expense, damage or loss incurred in any manner by the County on account of such alleged infringement.

5.30 SEVERABILITY: Each paragraph and provision of the resultant contract will be severable from the entire agreement and if any provision is declared invalid, the remaining provisions shall remain in effect.

5.31 STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: In accordance with Code of

Virginia § 2.2-4311.2 subsection B, a Offeror organized or authorized to transact business in the

Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any 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 shall include in its proposal a statement describing why the Offeror is not required to be so authorized. Indicate the above information on the SCC Form provided (Attachment B). Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the County’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the Offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

5.32 TAXES: The County is exempt from Federal Excise and State Sales and Use Tax on all tangible personal property purchased or leased by it for its use or consumption. The Contractor shall pay all County, City, State and Federal taxes required by law enacted at the time proposals are received and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be added to the contract price between the

County and the Contractor, as the taxes shall be an obligation of the Contractor and not of the County, and the

County shall be held harmless for same by the Contractor. Exemption certification will be supplied upon request.

5.33 TERMINATION FOR CONVENIENCE: Unless otherwise stated, any resultant contract may be terminated, in whole or in part, whenever the County determines that such a termination is in its best interests. Any such termination shall become effective on the date stated in a written notice of termination to the Contractor sent at least five days prior to the stated termination date. The notice of termination shall state the extent to which performance shall be terminated. The Contractor shall be paid for all goods delivered or services successfully

RFP 27-08-3364NS Page 13 completed prior to the termination date.

5.34 TESTING AND INSPECTION: The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

6. SPECIAL TERMS AND CONDITIONS

6.1 CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The Contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients 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.

6.2 INSURANCE REQUIREMENTS:

A. The Contractor shall be required to maintain in force such insurance, in amounts and types acceptable to the County, as will protect itself and the County from claims which may arise out of or result from the execution of the work, whether such execution be by itself, its employees, agents, subcontractors or by anyone for whose acts any of them may be liable. All insurance shall be provided by companies allowed to conduct business in the Commonwealth. Insurers shall have a Best’s financial strength rating of “A-” or better, and a Best’s financial size category of Class VII, or better, in the latest evaluation of A. M. Best Company, or as otherwise approved by the County. Hanover County and its elected and appointed officials, officers, consultants, agents and employees shall be named as additional insured on the Contractor’s Commercial General Liability and Umbrella Liability insurance for premises, ongoing operations and products and completed operations on a primary and non-contributory basis. Original certificates of insurance signed and provided by authorized representatives of the insurers or, at the County's request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be provided to Purchasing prior to award of the contract, and within seven (7) days of any written request for a certificate, and for five (5) years after Final Payment for the Work with respect to products and completed operations liability.

B. The Contractor shall not start work under this contract until the Contractor has obtained at his own expense all of the insurance called for hereunder and such insurance has been approved by the

County; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor.

Approval of insurance required of the Contractor for the County will be granted only after submission to the County Purchasing Office of original, signed certificates of insurance or, alternately, at the

County’s request, certified copies of the required insurance policies.

C. All insurance policies required hereunder shall be endorsed to include the following provision: “It is agreed that this policy is not subject to cancellation or non-renewal until thirty (30) days prior written notice has been given to the Purchasing Office.”

D. The certificate holder should be listed as: Hanover County School Board and Hanover County.

E. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the County. The Contractor shall be as fully responsible to the County for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. The County will consider deductible amounts as part of its review of the financial stability of the Contractor. Any deductibles shall be disclosed by the

Contractor, and all deductibles will be assumed by the Contractor.

Coverage(s) Required Required Limit Description

RFP 27-08-3364NS Page 14

Business Automobile

Liability $1,000,000.00

- Combined Single Limit per Occurrence

Commercial General

Liability

$1,000,000.00

$2,000,000.00

$2,000,000.00

- Combined Single Limit per Occurrence

- General Aggregate Limit per Project

- Products and Completed Operations Aggregate

Personal and Advertising

Injury Liability $1,000,000.00 - Each Offense per Person or Organization

Umbrella Excess Liability $1,000,000.00 - Per Occurrence and Aggregate as Applicable

Worker’s Compensation

& Employer’s Liability

$ 500,000.00

$ 500,000.00

$ 500,000.00

- Per Accident

- Disease per Employee

- Policy Limit Disease

6.3 IDENTIFICATION OF PROPOSAL ENVELOPE: If not submitted electronically, the signed proposal should be returned in a separate envelope or package, sealed and identified as follows:

From:

Name…