RFP #25-2799-1JMH - Bus Charter Services for HCPS.pdf

8600 Staples Mill Road / P.O. Box 90775 / Henrico, VA 23273-0775

Phone: (804)501-5660

Version 5.15.24

RFP No. 25-2799-1JMH

January 28, 2025

Request for Proposal (“RFP”)

Commercial Charter Bus Services

Your firm is invited to submit a proposal to provide Commercial Charter Bus Services in accordance with the enclosed Specifications and General Terms and Conditions. Pursuant to Section 2.2-4304 of the Code of Virginia, this procurement is a cooperative procurement being conducted on behalf of Henrico County and other public bodies.

Your firm’s proposal submittal, consisting of one (1) complete electronic copy and one (1) redacted electronic copy (if applicable) in a “pdf” format, will be received no later than February 13, 2025 at

2:30pm by submission through the Commonwealth of Virginia’s electronic procurement platform eVA.

Time is of the essence, and any offeror that attempts to submit a proposal after the appointed hour for submission, will be unable to, because eVA automatically closes the solicitation at the appointed time.

The time of receipt shall be determined by the time clock in eVA. Offerors are responsible for ensuring that their proposals are submitted in eVA by the deadline indicated.

Nothing herein is intended to exclude any responsible offeror or in any way restrain or restrict competition. On the contrary, all responsible offerors are encouraged to submit proposals. The County of

Henrico reserves the right to accept or reject any or all proposals submitted.

Pursuant to Henrico County Code Section 16-43, the award will be made by the Purchasing Director.

This RFP and any addenda are available on the County of Henrico website at:

http://henrico.us/finance/divisions/purchasing, and on eVA at https://eva.virginia.gov/.

Should you have any questions concerning this RFP, please contact Justin M. Herbaugh at her034@henrico.gov by no later than February 5, 2025.

Very truly yours, Justin M. Herbaugh

Procurement Analyst II

DEPARTMENT OF FINANCE

Purchasing Division about:blank about:blank https://eva.virginia.gov/ mailto:her034@henrico.gov

I. INTRODUCTION

A. Purpose

The intent and purpose of this Request for Proposal (RFP), and the resulting contract, is to obtain services from a qualified firm to provide an Annual Contract for Charter Bus Services for Henrico County Public Schools (HCPS) in accordance with the Scope of Services section of the solicitation.

HCPS reserves the right to make multiple contract award(s) for charter bus services to transport students and staff to and from school related activities on an as-needed basis. It shall be each individual school principal’s sole decision as to which Contractor shall provide the schools charter bus service for each event.

B. Background

1. The County desires charter bus service for local, regional and long-distance trips as defined below:

a. Local: Total round trip of 500 miles or less;

b. Regional: Total round trip of 501 to 1000 miles; and

c. Long-Distance: Total round trip mileage exceeding 1,001 miles.

2. The majority of the trips will be one-day trips. The schools typically use charter bus services; however, other County departments may utilize these services.

3. HCPS has 47 elementary, 12 middle, 11 high schools, 5 program centers and one preschool that offer and/or sponsor trips for students, clubs and associations (See Attachment J). As new schools, programs or specialty centers are opened, they will have access to these services.

4. The individual students, clubs or association fund the trips. Passengers are primarily students, teachers and adult chaperones.

5. The number of charter bus trips is estimated at 200 annually using 462 buses. This provided information purposes only and is no guarantee of services to be provided under the resultant contract.

II. SCOPE OF SERVICES

The Successful Offeror(s) shall provide all vehicles, labor, materials, supervision and training necessary to provide charter bus services for students, faculty, administration, and staff of HCPS as follows:

A. General Requirements.

1. Successful Offeror(s) should be able to plan, schedule and complete pick up and drop off of participants within the same time frames agreed upon by the County’s trip organizer.

2. Successful Offeror(s) must be primarily engaged in the business of providing ground transportation services for students and staff to and from school related activities.

3. Successful Offeror(s) must have adequate equipment, qualified personnel, licensed drivers, bus captains and the financial ability to provide the services specified in this solicitation.

4. Successful Offeror(s) shall perform all services with care, skill and diligence.

5. Successful Offeror(s) shall be responsible for paying for all tolls, licenses, fees, taxes, violation fines, fuel and other operating costs incurred by the contractor as part of this service. There shall be NO add-on charges of any kind.

6. Successful Offeror(s) shall be responsible for any and all subcontracted buses.

7. Successful Offeror(s) shall provide each charter bus driver suitable directions, including maps, to the drop-off site agreed upon with the school contact for each trip. The drop-off site shall be specific to the building, door, lot or other landmark.

8. Successful Offeror(s) shall work directly with the schools to set up a schedule for pick up and drop off for students, teachers and chaperones.

a. Contact information for each driver must be provided to school principal or their designee for each event.

b. Preferred contact method is via cell phone.

9. Successful Offeror(s) shall complete an HCPS Transportation Agreement form for each trip scheduled with the school in advance of the trip. An additional confirmation letter or other similar documents shall not be signed by the school. Sample is provided as

Attachment K.

B. Fleet Requirements.

1. The Successful Offer(s) charter buses or vehicles shall:

a. Be maintained in good working condition, with a clean overall interior and exterior appearance including but not limited to:

b. Interior and exterior of the bus cleaned, to include but not limited to, trash removal, spills wiped clean, etc.;

c. Properly functioning reclining seats;

d. Properly functioning air conditioning and heat;

e. Properly functioning PA system;

f. Overhead bins that close;

g. Operable interior lights;

h. Cleaned, equipped, properly functioning and sanitized restrooms;

i. Not more than fifteen (15) years old from the date of manufacture at any time during the contract term;

j. Provide accommodations for participants with special needs in accordance with the

Americans with Disabilities Act;

k. Have two-way radios, cellular telephones or similar equipment to enable communication with administrative and maintenance facilities and interaction with the trip sponsor, when and as needed.

2. Successful Offeror(s) shall provide verification of compliance with all federal, state and local regulations governing the maintenance and operation of buses. Include with your response the location of the maintenance facility and describe the frequency of vehicle maintenance services.

3. Successful Offer(s) upon request shall provide buses equipped with WiFi, video view capabilities and electrical outlets and shall have the following:

a. Proper licenses to show motion pictures in route; and

b. Licensed by the Motion Picture Association of America to show copyrighted movies.

4. Provide a detailed list of the types of vehicles owned by the Offeror to include

(Attachment H):

a. Number and type;

b. Passenger capacity;

c. Condition;

d. Odometer reading;

e. Wheelchair accessibility;

f. Equipment installed (communications, video, GPS, WiFi, etc.)

5. The HCPS School Board policy does NOT allow participants to be transported in any type of van (cargo, passenger, conversion, mini, etc.) or sport utility vehicles (SUV’s).

C. Safety Requirement.

1. The Successful Offer(s) shall:

a. Ensure all buses are equipped with safety belts or a type of portable safety belt that can be used if a participant requires one.

b. Have in place safety policies and procedures to include but not limited to procedures to report accidents, injuries and/or altercations with passengers that may occur;

c. Have in place formal drug and alcohol policy.

d. Have in place a formal policy that documents drivers driving transcripts are evaluated and verified semi-annually.

D. Driver/Staff Requirements and Training.

1. All drivers shall:

a. Have a valid driver’s license and credentials in place, at all times;

b. Possess a current commercial driver’s license (CDL) issued by the State of Virginia;

c. Comply with all federal, state and local motor carrier safety regulations;

d. Possess a current DOT medical card indicating they have met physical qualifications within the past year;

e. Not smoke in vehicles or in the presence of participants; and

f. Meet the requirements of Attachment F – Direct Contact with Students, which states, in part, “any employee who will have direct contact with students, to provide certification that (i) the driver has not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child; and (ii) whether the driver has been convicted of a crime of moral turpitude”.

2. Provide staff development and training for its drivers to ensure only experienced, trained personnel operate vehicles that will carry our students, staff and administrators.

E. Pricing and Invoicing Requirements.

1. All trip quotes from Successful Offeror(s) shall be inclusive of fuel, driver, relay drivers, bus captains, gratuities and any other fees associated with providing the services and return to the County within two (2) business days of request for quote.

2. No surcharges will be allowed.

3. No advance payments or deposits will be made by HCPS.

4. Invoicing shall be made directly to the individual school or department that requests the service.

5. Invoices shall be received by the individual school or department within thirty (30) days after completion of the work. Invoices shall include an appropriate purchase order, the exact nature of the services rendered, and the rates charged, along with any other pertinent information.

6. A signed HCPS Transportation Agreement (Attachment K) form must be completed for each trip after the school has obtained quotes and selected the contractor and prior to the trip taking place. An original copy of the form shall be obtained from the school requesting the trip.

III. COUNTY RESPONSIBILITIES

The County will designate an individual to act as the County’s representative with respect to the work to be performed under this contract. Such individuals shall have the authority to transmit instructions, receive information, and interpret and define the County’s policies and decisions with respect to the contract.

IV. ANTICIPATED PROCUREMENT SCHEDULE

The following represents the timeline of the process currently anticipated by the County:

Request for Proposal Distributed January 28, 2025

Questions Due February 5, 2025

Receive Written Proposals February 13, 2025

Conduct Oral Interviews with Offerors March - April, 2025

Negotiations Completed April - May, 2025

Award Contract June, 2025

Services Begin August 1, 2025

V. GENERAL CONTRACT TERMS AND CONDITIONS

A. Annual Appropriations

The contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the Henrico County Board of Supervisors. Should the Board fail to appropriate funds for this Contract, the Contract shall be terminated when existing funds are exhausted. The Successful Offeror (“Successful Offeror” or “Contractor”) shall not be entitled to seek redress from the County or its elected officials, officers, agents, employees, or volunteers should the Board of Supervisors fail to make annual appropriations for the

Contract.

B. Award of the Contract

1. The County reserves the right to reject any or all proposals and to waive any informalities.

2. The Successful Offeror must, within fifteen (15) calendar days after Contract documents are presented for signature, execute and deliver to the Purchasing office the Contract documents and any other forms or bonds required by the RFP.

3. The Contract resulting from this RFP is not assignable

4. Notice of award or intent to award may also appear on the Purchasing Office website:

http://henrico.us/finance/divisions/purchasing/.

C. Collusion

By submitting a proposal in response to this Request for Proposal, each Offeror represents that in the preparation and submission of this proposal, the Offeror did not, either directly or indirectly, enter into any combination or arrangement with any person, Offeror or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. § 1 et seq.)

or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of

Virginia.

D. Compensation

1. The Successful Offeror must submit a complete itemized invoice for services that are performed under the Contract. The Successful Offeror must include a unique identifying invoice number on each invoice. The County shall pay the Successful Offeror for satisfactory compliance with the Contract within forty-five (45) days after receipt of a proper invoice.

2. The County encourages the Successful Offeror to receive payments via ACH. The

County utilizes a third-party payment network powered by Bank of America called

Paymode-X. This network allows the County to make ACH payments to vendors without retaining any financial information of that business. If interested, the Successful Offeror should visit https://www.paymode.com/henricocounty to register or for more information. The Successful Offeror should register each payment address where ACH payments will be received. Once registered with Paymode-X, the verification process takes up to two weeks before ACH payments begin. All payments until then are issued via check.

E. Controlling Law and Venue

The Contract will be made, entered into, and shall be performed in the County and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflicts of law principles. Any dispute arising out of the Contract, its interpretations, or its performance shall be litigated only in the Henrico County General District Court or the

Circuit Court of the County of Henrico, Virginia.

F. Termination by County

1. The County may terminate the Contract for cause or for convenience.

2. Termination for Cause http://henrico.us/finance/divisions/purchasing/ https://www.paymode.com/henricocounty

a. If the Successful Offeror fails to perform the Contract, in whole or in part, the County shall give the Successful Offeror written notice of the default and the opportunity to cure it by a stated deadline.

b. If the Successful Offeror fails to cure its default by the deadline, then the County may terminate the contract, in whole or in part, by providing written notice of termination to the Successful Offeror. The notice of termination shall state the effective date of termination. A partial termination shall set forth the nature and scope of the termination.

c. Unless the notice of termination states otherwise, the Successful Offeror shall stop performing the Contract when it receives the notice of termination.

d. An equitable adjustment in the Contract price shall be made for unpaid services satisfactorily rendered and goods satisfactorily delivered before the date the

Successful Offeror receives the notice of termination minus the County’s cost to complete the Successful Offeror’s work. The Successful Offeror shall not be entitled to payment for services rendered or goods delivered after the date the Successful

Offeror receives the notice of termination or for reimbursement of any cost the

Successful Offeror incurs after the date the Successful Offeror receives the notice of termination. If the County’s cost to complete the Successful Offeror’s work exceeds the unpaid balance due to the Successful Offeror, the County will not owe the

Successful Offeror any money; instead, the Successful Offeror shall pay to the

County the difference between the unpaid balance due and the County’s cost to complete the work.

e. Unless the parties expressly agree in writing otherwise, the County may transmit notices of default and termination for cause by email, USPS First-Class Mail®, or courier or overnight delivery service. The Successful Offeror shall be deemed to be in receipt of any notice emailed on the day the County sends it. The Successful

Offeror shall be deemed to be in receipt of any notice the County sends by USPS

First-Class Mail® three business days after the date shown in the postmark. The

Successful Offeror shall be deemed to be in receipt of any notice the County sends by courier or overnight delivery service on the date of delivery as confirmed by the courier or overnight delivery service.

f. If the Successful Offeror receives two notices of default, the County shall not be obligated to give the Successful Offeror the opportunity to cure any subsequent defaults but may terminate the contract in accordance with this section.

g. If it is determined that the Successful Offeror knowingly made a false certification in violation of the Responsible Offeror Certification section of this

RFP, the County may terminate the contract for cause. In terminating the contract for this cause, the County shall not be obligated to give the Successful Offeror the opportunity to cure.

h. If any act or omission of the Successful Offeror (including the Successful Offeror’s employees, agents, subcontractors, and assigns) arising out of the performance of the contract causes any person to suffer bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, then the

County shall not be obligated to give the Successful Offeror the opportunity to cure its default but may terminate the contract in accordance with this section.

i. Any remedies this section affords to the County are non-exclusive, and the County may enforce any remedy available at law or in equity in connection with any default of the Successful Offeror. Termination of the Contract for cause does not relieve the

Successful Offeror of liability for damages the County sustains because of the

Successful Offeror’s breach.

3. Termination for Convenience

a. The County may terminate the Contract, in whole or in part, whenever the Purchasing

Director determines that such termination is in the County’s best interest.

b. The County must give the Successful Offeror written notice of a termination for convenience. The notice must specify the extent to which the Contract is terminated and the effective termination date. The effective termination date shall be at least seven calendar days after the date the County issues the notice of termination for convenience.

c. An equitable adjustment in the Contract price shall be made for unpaid services satisfactorily rendered and goods satisfactorily delivered before the date the

Successful Offeror receives the notice of termination. The Successful Offeror shall not be entitled to payment for services rendered or goods delivered after the date the

Successful Offeror receives the notice of termination, and the Successful Offeror shall not be entitled to payment for any costs it incurs after the date it receives the notice of termination.

d. Unless the County’s notice specifies otherwise, the Successful Offeror must stop work on the date it receives the notice of termination.

e. Unless the parties expressly agree otherwise, the County may transmit notices of termination for convenience by email, USPS First-Class Mail®, or courier or overnight delivery service. The Successful Offeror shall be deemed to be in receipt of any notice emailed on the day the County sends it. The Successful Offeror shall be deemed to be in receipt of any notice sent by USPS First-Class Mail® three business days after the date shown in the postmark. The Successful Offeror shall be deemed to be in receipt of any notice the County sends by courier or overnight delivery service on the date of delivery as confirmed by the courier or overnight delivery service.

G. Drug-Free Workplace to be Maintained by the Contractor (VA. Code §2.2-4312)

1. 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.

2. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with the Virginia Public Procurement Act, the employees of whom 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.

H. Employment Discrimination by Contractor Prohibited

1. Contractor certifies to the County of Henrico, Virginia that it 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. 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). During the performance of this Contract, the Contractor agrees as follows (Va. Code § 2.2-4311):

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

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

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

2. The Contractor will include the provisions of the foregoing subparagraphs (a), (b), and

(c) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

I. Employment of Unauthorized Aliens Prohibited

As required by Virginia Code §2.2-4311.1, the Contactor does not, and shall not during the performance of this agreement, in the County of Henrico, Virginia knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

J. Ethics in Public Contracting

Contractor certifies that its 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 its 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.

K. Antitrust

By entering into a contract, the Successful Offeror conveys, sells, assigns, and transfers to the

County of Henrico, Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the

Commonwealth of Virginia, relating to the particular services purchased or acquired by the

County under the contract.

L. Testing and Inspection

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

M. Assignment of Contract

A contract shall not be assignable by the Successful Offeror in whole or in part without the written consent of the County

N. Indemnification

The Successful Offeror agrees to indemnify, defend, and hold harmless the County (including

Henrico County Public Schools), and the County’s officers, agents, and employees

(“Indemnified Parties”) from any damages, liabilities, and costs, including attorneys’ fees, arising from any claims, demands, actions, or proceedings made or brought against one or more of the Indemnified Parties by any person, including any employee of the Successful Offeror, related to the provision of any services, the failure to provide any services, or the use of any services or materials furnished (or made available) by the Successful Offeror, provided that such liability is not attributable to the sole negligence of the County.

O. Insurance Requirements

The Successful Offeror shall maintain insurance to protect itself and the County and the

County’s elected officials, officers, agents, volunteers and employees from claims under the

Workers' Compensation Act, and from any other claim for damages for personal injury, including death, and for damages to property which may arise from the provision of services under the Contract, whether such services are provided by the Successful Offeror or by any subcontractor or anyone directly employed by either of them. Such insurance shall conform to the Insurance Specifications. (Attachment E).

P. No Discrimination against Faith-Based Organizations

The County does not discriminate against faith-based organizations as that term is defined in

Va. Code § 2.2-4343.1.

Q. Offeror’s Performance

1. The Successful Offeror 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.

2. The Successful Offeror 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.

3. The Successful Offeror shall cooperate with County officials in performing the Contract work so that interference with the County’s normal operations will be minimalized.

4. The Successful Offeror shall be an independent contractor and shall not be an employee of the County.

R. Ownership of Deliverable and Related Products

1. The County shall have all rights, title, and interest in or to all specified or unspecified interim and final products, work plans, project reports and/or presentations, data, documentation, computer programs and/or applications, and documentation developed or generated during the completion of this project, including, without limitation, unlimited rights to use, duplicate, modify, or disclose any part thereof, in any manner and for any purpose, and the right to permit or prohibit any other person, including the Successful

Offeror, from doing so. To the extent that the Successful Offeror may be deemed at any time to have any of the foregoing rights, the Successful Offeror agrees to irrevocably assign and does hereby irrevocably assign such rights to the County.

2. The Successful Offeror is expressly prohibited from receiving additional payments or profit from the items referred to in this paragraph, other than that which is provided for in the general terms and conditions of the Contract.

3. This shall not preclude Offerors from submitting proposals, which may include innovative ownership approaches, in the best interest of the County.

S. Record Retention and Audits

1. The Successful Offeror shall retain, during the performance of the Contract and for a period of five years from the completion of the Contract, all records pertaining to the

Successful Offeror’s proposal and any Contract awarded pursuant to this Request for

Proposal. Such records shall include but not be limited to all paid vouchers including those for out-of-pocket expenses; other reimbursement supported by invoices, including the Successful Offeror’s copies of periodic estimates for partial payment; ledgers, cancelled checks; deposit slips; bank statements; journals; Contract amendments and change orders; insurance documents; payroll documents; timesheets; memoranda; and correspondence. Such records shall be available to the County on demand and without advance notice during the Successful Offeror’s normal working hours.

2. County personnel may perform in-progress and post-audits of the Successful Offeror’s records as a result of a Contract awarded pursuant to this Request for Proposals. Files would be available on demand and without notice during normal working hours.

T. Severability

Each paragraph and provision of the Contract is severable from the entire agreement and if any provision is declared invalid the remaining provisions shall nevertheless remain in effect.

U. Minority-, Woman-, Service Disabled Veteran-Owned, Small Businesses and Employment

Services Organizations

It is the policy of the County to actively seek out and provide contracting opportunities to minority-, woman-, service disabled veteran-owned, small businesses and employment services organizations in procurement transactions made by the County.

The County strongly encourages all suppliers to respond to Invitations for Bids and Request for Proposals and supports the use of minority, woman-, service disabled veteran-owned, small businesses and employment services organizations for sub-contracting opportunities.

All formal solicitations are posted on the Commonwealth of Virginia eVA and the County’s internet site at http://henrico.us/finance/divisions/purchasing/ and may be viewed under the http://henrico.us/finance/divisions/purchasing/

Bids and Proposals link. Construction related solicitations are located on eVA and County internet sites and on ProcureWare at https://henrico.procureware.com/home.

V. Subcontracts

No portion of the work shall be subcontracted without prior written consent of the County. In the event that the Successful Offeror desires to subcontract some part of the work specified in the contract, the Successful Offeror shall furnish the County the names, qualifications, and experience of the proposed subcontractors. The Successful Offeror shall, however, remain fully liable and responsible for the work to be done by his/her subcontractor(s) and shall assure compliance with all the requirements of the Contract.

W. Taxes

1. The Successful Offeror shall pay all County, state, and federal taxes required by law and resulting from the work or traceable thereto, under whatever name levied. Such taxes shall not be in addition to the Contract price between the County and the Successful

Offeror because the taxes shall be solely an obligation of the Successful Offeror and not the County, the County shall be held harmless for same by the Successful Offeror.

2. The County is exempt from the payment of federal excise taxes and the payment of state sales and use tax on all tangible, personal property for its use or consumption. Tax exemption certificates will be furnished upon request.

X. Reserved

Y. County License Requirement

If a business is located in the County, it is unlawful to conduct or engage in the business without obtaining a business license. If your business is located in the County, include a copy of your current business license with your proposal submission. If your business is not located in the County, include a copy of your current business license with your proposal submission. If you have any questions, contact the Business Section, Department of

Finance, County of Henrico, telephone (804) 501-4310.

Z. Environmental Management

The Successful Offeror must comply with all applicable federal, state, and local environmental regulations. The Successful Offeror is required to abide by the County’s

Environmental Policy Statement: http://henrico.us/pdfs/risk/env_policy.pdf which emphasizes environmental compliance, pollution prevention, continual improvement, and conservation. Employees of the Successful Offeror must be properly trained and have any necessary certifications to carry out environmental responsibilities. The Successful Offeror must immediately communicate any environmental concerns or incidents to the assigned

County Project Manager and the County Risk Manager.

AA. Safety

1. The Successful Offeror shall comply with and ensure that the Successful Offeror’s personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health, including, by way of illustration and not limitation, the standards of the Virginia Occupational Safety and

Health Administration for the industry. The provisions of all rules and regulations https://henrico.procureware.com/home http://henrico.us/pdfs/risk/env_policy.pdf governing safety as adopted by the Safety and Health Codes Board of the

Commonwealth of Virginia and issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia shall apply to all work under the Contract.

The Successful Offeror shall provide or cause to be provided all technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified and performed by the Successful Offeror.

2. Each job site must have a supervisor who is competent, qualified, or authorized on the worksite, who is familiar with policies, regulations and standards applicable to the work being performed. The supervisor must be capable of identifying existing and predictable hazards in the surroundings or working conditions which are hazardous or dangerous to employees or the public, and is capable of ensuring that applicable safety regulations are complied with, and shall have the authority and responsibility to take prompt corrective measures, which may include removal of the

Successful Offeror’s personnel from the work site.

3. In the event the County determines any operations of the Successful Offeror to be hazardous, the Successful Offeror must immediately discontinue such operations upon receipt of either written or oral notice by the County to discontinue such practice.

BB. Authorization to Transact Business in the Commonwealth

1. A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership or other business form must be authorized to transact business in the

Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law.

2. An Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia must include in its proposal the identification number issued to it by the State Corporation Commission

(Attachment C). 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 of the Code of Virginia or as otherwise required by law must include in its proposal a statement describing why the Offeror is not required to be so authorized.

3. An Offeror described in subsection 2 that fails to provide the required information shall not receive an award unless a written waiver is granted by the Purchasing

Director, his designee, or the County Manager.

4. Any falsification or misrepresentation contained in the statement submitted by the

Offeror pursuant to Title 13.1 or Title 50 of the Code of Virginia may be cause for debarment by the County.

5. Any business entity described in subsection 1 that enters into a contract with a public body must not allow its existence to lapse or allow its certificate of authority or registration to transact business in the Commonwealth if so required by Title 13.1 or

Title 50 of the Code of Virginia to be revoked or cancelled at any time during the term of the contract.

CC. Payment Clauses Required by Va. Code §2.2-4354

1. In the event that the Successful Offeror has not received payment from the County for work performed by a subcontractor under a construction contract, the Successful

Offeror shall be liable for the entire amount owed to such subcontractor and to pay such subcontractor within 60 days of the receipt of an invoice following satisfactory completion of the work for which the subcontractor has invoiced. The Successful

Offeror shall not be liable for amounts otherwise reducible due to the subcontractor's noncompliance with the terms of the contract. However, in the event that the

Successful Offeror withholds all or a part of the amount invoiced by the subcontractor under the terms of the contract, the Successful Offeror shall notify the subcontractor within 50 days of the receipt of such invoice, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment, specifically identifying the contractual noncompliance, the dollar amount being withheld, and the lower-tier subcontractor responsible for the contractual noncompliance. Payment by the party contracting with the Successful

Offeror shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of the Successful Offeror’s receiving payment for amounts owed to that contractor.

2. The Successful Offeror awarded the contract for this project shall take one of the two following actions within seven (7) days after the receipt of amounts paid to the

Successful Offeror by the County for work performed by the Successful Offeror's subcontractor(s) under the contract:

a. Pay the subcontractor(s) for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor(s) under the contract; or

b. Notify the County and subcontractor(s), in writing, of the Successful Offeror’s intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

3. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent (1%) per month.

4. The Successful Offeror shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor(s).

5. The Successful Offeror's obligation to pay an interest charge to a subcontractor(s) pursuant to the payment clause in this section shall not be construed to be an obligation of the County. A contract modification shall not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim shall not include any amount for reimbursement for such interest charge.

DD. Contract Period

1. The contract period shall be one (1) year. Contract prices shall remain firm for the contract period.

2. The contract may be renewed for four (4) additional one-year periods upon the sole discretion of the County at a price not to exceed 3% above the previous year's prices unless written approval is given by the Purchasing Director.

3. The Successful Offeror shall give at least a 90 days’ written notice to the County for any price increases and/or if it does not intend to renew the contract at any annual renewal.

4. The contract shall not exceed a maximum of five (5) years.

EE. Non-Exclusive Contract

Nothing in this Request for Proposal constitutes an offer or promise to purchase any goods or services exclusively from the Successful Offeror. The County reserves the right to purchase goods and services similar to, or the same as, the goods and services that are subject to this Request for Proposal from other sources.

FF. Occupational Safety & Health Policy Statement

The Successful Offeror must comply with all applicable federal, state, and local occupational safety and health standards. The Successful Offeror is required to abide by the County’s Occupational Safety & Health Policy Statement:

https://henrico.us/pdfs/risk/h_safety_policy.pdf which emphasizes maintaining a safe and healthy work environment for all employees, volunteers, and contractors who access

County property and locations. The Successful Offeror must be properly trained and have any necessary certifications to carry out occupational safety and health policy responsibilities. The Successful Offeror must immediately communicate any concerns or incidents to the assigned County Project Manager and the County Risk Manager.

GG. Tobacco – Free Requirement

County Public Schools (“HCPS”) has a tobacco-free policy on school property.

Therefore, the use or display of tobacco products by the Contractor, its suppliers and/or subcontractors on school property is strictly prohibited at all times, including days and/or hours when school is not in session. This includes, but is not limited to, outdoor areas of school properties and personal or business vehicles present on school property.

“Tobacco products” include any lit or unlit cigarette (including candy cigarettes), cigar, pipe, smokeless tobacco, dip, chew, and snuff in any form. This includes electronic cigarettes, cigarette packages, smokeless tobacco containers, lighters, and any other items containing or reasonably resembling tobacco, tobacco product images and tobacco company logos, such as key chains, t-shirts, ash trays, and coffee mugs.

“School property” includes land, buildings, facilities, and vehicles owned or rented by

HCPS. School property includes parking lots, playgrounds and recreational areas.

HH. Direct Contact with Students Certification

Pursuant to Va. Code § 22.1-296.1, as a condition of awarding a contract for the provision of services that require the contractor or employees of the contractor to have direct contact with students on school property during regular school hours or during school-sponsored activities, the contractor shall provide certification of whether any individual who will provide such services has been convicted of any violent felony set forth in the definition of barrier crime in subsection A of Va. Code § 19.2-392.02; any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense; or any crime of moral turpitude.

https://henrico.us/pdfs/risk/h_safety_policy.pdf

Any individual making a materially false statement regarding any such offense is guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction is grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. School boards shall not be liable for materially false statements regarding the certifications required by Va. Code § 22.1-

296.1(E).

The County cannot award a contract to a Bidder that does not complete the

Attachment F as part of their submission.

II. Conduct

1. Fraternization between supplier and teachers or students is strictly prohibited.

2. Use, consumption, and/or possession of any controlled substance, substances considered to be illegal, and alcohol are strictly prohibited on school grounds.

3. Cigarette smoking is prohibited on school grounds.

4. Use of vulgar, suggestive or abusive language or gestures is strictly prohibited on school grounds.

5. Use of radios/stereos or other noise producing equipment shall not be used. No weapons of any kind are allowed on school grounds.

JJ. Cooperative Procurement

This procurement is being conducted by the County in accordance with the provisions of

Section 2.2-4304 of the Code of Virginia. Except for contracts for architectural and engineering services, if agreed to by the contractor, other public bodies may utilize this

Contract. The Contractor shall deal directly with any public body it authorizes to use the

Contract. The County, its officials, and its employees are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the

Contractor and any other public body, and in no event shall the County, its officials, or its employees be responsible for any costs, damages or injury resulting to any party from another public body’s cooperative use of a County contract. The County assumes no responsibility for any notification of the availability of the Contract for use by other public bodies, but the Contractor may conduct such notification.

VI. PROPOSAL SUBMISSION REQUIREMENTS

A. The Purchasing Division will not accept oral proposals, nor proposals received by telephone, FAX machine, or email or hard copy submissions. Proposals will only be accepted through eVA.

B. All erasures, interpolations, and other changes in the proposal shall be signed or initialed by the Offeror.

C. The Proposal Signature Sheet (Attachment A) must accompany any proposal(s) submitted and be signed by an authorized representative of the Offeror. If the Offeror is a firm or corporation, the Offeror must print the name and title of the individual executing the proposal. All information requested should be submitted. Failure to submit all information requested may result in the Purchasing Division requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.

D. Reserved

E. The time proposals are received shall be determined by the time clock in eVA. Offerors are responsible for ensuring that their proposals are submitted in eVA by the deadline indicated.

F. By submitting a proposal in response to this Request for Proposal, the Offeror represents it has read and understands the Scope of Services and has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress, or performance of the Contract work.

G. The failure or omission of any Offeror to receive or examine any form, instrument, addendum, or other documents or to acquaint itself with conditions existing at the site, shall in no way relieve any Offeror from any obligations with respect to its proposal or to the

Contract.

H. Subject to the limitations of Va. Code § 2.2-4342(F), trade secrets or proprietary information submitted by an Offeror in connection with this procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protection of this section prior to or upon submission of data or materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary (Va. Code § 2.2-4342(F)). (Attachment D)

I. A proposal may be modified or withdrawn by the Offeror any time prior to the time and date set for the receipt of proposals. The Offeror shall follow the process in eVA. No proposal can be withdrawn after the time set for the receipt of proposals and for one-hundred twenty

(120) days thereafter.

J. The County welcomes comments regarding how the proposal documents and scope of services may be improved. Offerors requesting clarification, interpretation of, or improvements to the Request for Proposal’s general terms, conditions, and scope of services shall submit technical questions concerning the Request for Proposal no later than February 5, 2025 in writing. Any changes to this Request for Proposals shall be in the form of a written addendum issued by the Purchasing Division and it shall be signed by the

Purchasing Director or a duly authorized representative. Each Offeror is responsible for determining that it has received all addenda issued by the Purchasing Division before submitting a proposal. If an addendum is issued after an offeror has submitted a proposal response, the Offeror shall resubmit their proposal in the latest solicitation round in eVA. The County will only evaluate proposals submitted in the latest solicitation round in eVA.

K. All proposals received on time shall be accepted for consideration. Proposals shall be open to public inspection only after award of the Contract.

L. Responsible Offeror Certification

1. “Responsible offeror” means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required.

2. In determining whether an Offeror is responsible, the County will consider whether the

Offeror has defaulted on any government contract in the last five years; whether any government has terminated a contract…