I
RFP #13-9446-7JK
September 8, 2013
REQUEST FOR PROPOSAL
ANNUAL CONTRACT FOR TRAFFIC AND ROADWAY ENGINEERING SERVICES
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HENRICO, VIRGINIA
Your firm is invited to submit a proposal to provide professional traffic and roadway engineering services on an annual basis for the County of Henrico, in accordance with the enclosed specifications. The submittal, consisting of the original proposal and four (4) additional copies marked, "A Proposal for Annual Traffic and Roadway Engineering Services Agreement", will be received no later than 2:30 p.m., October 4, 2013, by:
IN PERSON OR SPECIAL COURIER U.S. POSTAL SERVICE
County of Henrico County of Henrico
Department of Finance Department of Finance
Purchasing Division OR Purchasing Division
1590 E. Parham Road PO Box 90775
Henrico, Virginia 23228 Henrico Virginia 23273-0775
This RFP and any addenda are available on the County of Henrico website at: co.henrico.va.us
The Bids and Proposal link is listed under the Henrico Business Section on the homepage. Please contact John Kida at kid01@co.henrico.va.us if you need technical assistance downloading this document.
Time is of the essence and any proposal received after 2:30 p.m., October 4, 2013 whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock stamp in the Purchasing Division office,. Proposals shall be placed in a sealed, opaque envelope, marked in the lower left-hand corner with the RFP number, title, and date and hour proposals are scheduled to be received. Offerors are responsible for insuring that their proposal is stamped by Purchasing Division personnel by the deadline indicated.
A pre-proposal conference will be held on September 19, 2013 at 2:30 pm in the Purchasing Division Conference Room, North Run Office Complex, 1590 E. Parham Road, Henrico, VA 23228. Offerors are strongly encouraged to attend the pre-proposal conference in order to ask questions regarding the RFP requirements and familiarize themselves with purchasing procedures. Only two representatives from each firm will be allowed to attend the pre-proposal conference. A teleconference number has been established for offerors who are unable to travel to the County of Henrico. To join the meeting, call 804-501-7555 and enter meeting ID # 7002, password 0919. This option is open to one caller from each firm.
Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals. The County of Henrico reserves the right to accept or reject any or all proposals submitted.
The awarding authority for this contract is the Board of Supervisors.
Technical questions concerning this Request for Proposal should be submitted to Rob Tieman, P.E. at tie@co.henrico.va.us, no later than September 23, 2013.
Very truly yours,
Cecelia H. Stowe, CPPO, C.P.M.
John Kida, CPPB
Senior Purchasing Officer
REQUEST FOR PROPOSAL
ANNUAL CONTRACT FOR TRAFFIC AND ROADWAY ENGINEERING SERVICES
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HENRICO, VIRGINIA
PURPOSE AND GENERAL INFORMATION:
A. The purpose and intent of this Request for Proposal (RFP) is to solicit proposals from qualified engineering firms for the establishment of an annual contract for traffic and roadway engineering services for the Department of Public Works. Projects that are assigned to the Successful Offeror may cover a wide spectrum of traffic and roadway engineering services, including services from related disciplines required to complete the task. These services may include, but are not limited to: traffic studies, signal design, Automated Traffic Management related services, corridor studies and planning, traffic operations, regional and small area analysis, models and simulation preparation and analysis, feasibility studies, safety improvement, traffic calming, roadway design, sidewalks, related roadway infrastructures, other DPW assets, maintenance of traffic plans, parking facilities, turn lanes, roadway improvements, pedestrian facilities, streetscapes, and other landscaping projects adjacent to or affecting roadway, traffic, or pedestrian facilities.
B. Funding for tasks assigned under this contract can be from County, State, or Federal resources, including by not limited to: Highway Safety Improvement Program (HSIP), VDOT Revenue Sharing, and Community Development Block Grant (CDBG) monies. Offeror should demonstrate familiarity of requirements associated with design and construction utilizing these funding sources. Projects may include those identified and administered by various divisions of Public Works, projects created by emergency conditions, and those authorized by the Board of Supervisors.
C. The engineering fees shall be determined for each project at the time of assignment based on the hourly rates as provided for in the contract that is awarded pursuant to this Request for Proposal.
D. The engineering services that are described above require similar experience and expertise. The contract term will be limited to one year or when the cumulative total project fees reach the maximum amounts described below. The contract term will be one year and may be renewed for up to two additional one-year terms at the option of the County. Fees shall not exceed $300,000 for any single project or a total of $1,500,000 in any one-year term of the contract. The award of this contract shall be to the two top ranked Offerors. The goal is to equitably assign the projects over the contract so that the amount of award is evenly distributed between the firms with consideration of staff given to availability of staff or area of particular expertise.
E. Work assignments shall be on an “As Needed” basis”. HENRICO COUNTY RESERVES THE RIGHT AT ALL TIMES TO PERFORM WORK IN-HOUSE OR TO AWARD PROJECTS BASED ON A SEPARATE REQUEST FOR PROPOSAL.
F. Henrico County has acquired a web portal for the electronic distribution of bid documents. Offerors should expect to be required to upload specifications and drawings to the web portal in PDF format. Owner reserves the right to elect the drawing files to be in either a “raster” or “vector” conversion.
SCOPE OF SERVICES:
A. The Successful Offeror shall perform professional engineering services as hereinafter stated which includes normal civil engineering and surveying services incidental to any and all traffic, pedestrian, roadway, and other DPW asset work.
B. The Successful Offeror represents that all tasks will be performed in accordance with generally accepted professional standards. The Successful Offeror further represents that it will provide the County the best possible advice and consultation within the Engineer's authority and capacity as a professional engineer. A registered Professional Engineer holding a valid licensure in the Commonwealth of Virginia should be project manager for all tasks assigned under this contract. All plans, specifications, and other documentation should be reviewed, approved, and sealed by a registered Professional Engineer holding a valid licensure in the Commonwealth of Virginia, where applicable.
C. The Successful Offeror will comply with all applicable County, State, and Federal regulations, laws, ordinances and requirements.
D. The Successful Offeror shall meet with the County to determine specific scope and requirements of each project assigned.
E. The Successful Offeror shall submit staff review plans in accordance with DPW Standards and applicable federal, state, and local regulations. These plans and documents will include, but not necessarily be limited to plans showing the preliminary design, design criteria, environmental requirements and permit information, drainage calculations, and preliminary cost estimates.
F. The Successful Offeror shall prepare final cost estimate, construction plans with easement information, where necessary, specifications, and contract documents. Contract and bid documents will only be required if project is to be bid. On such bid projects, the Successful Offeror shall prepare contract documents to include bid forms, notice to bidders, advertisement, bid proposal, contract forms, bonding and insurance requirements, and technical specifications.
G. The Successful Offeror shall have sufficient expertise to all Civil Engineering disciplines to address any challenge they may face under this contract, including but not limited to: traffic engineering, roadway design, drainage design, hydraulics and hydrology, structures, geotechnical services, surveying, and environmental.
H. The Successful Offeror shall be required to attend staff, utility review, public meetings, public hearings (if required by project), pre-bid and pre-construction meetings.
I. The Successful Offeror will be required to prepare for County signature any permit applications or environmental documents to assist the County in obtaining approval or maintaining compliance of such permits and applicable federal, state and local regulations.
J. The Successful Offeror shall provide the County with Mylars and electronic digital plan files showing all plan sheets for the project in AutoCAD format compatible with County system. Successful Offeror must have capability to design plans in AutoCAD. The County will determine whether the project will be designed in AutoCAD or MicroStation on a project-by-project basis. All plans must be prepared to be consistent with County’s GIS policy and standards.
K. Optional Services will be negotiated, as they are needed for each project. These include, but are not limited to:
1. Assistance to County on an as needed basis in obtaining bids for project, evaluating bids, and recommendation to award.
2. Provide construction staking.
3. Assist the County with related tasks under emergency conditions.
4. Utility location as it relates to projects.
5. Construction engineering on as –needed basis during construction.
L. The following are types of projects that may be typical of those awarded under this contract. These are only representative samples, and actual projects awarded under this contract could vary widely in scope as described above. Offerors should provide information as part of the proposal response to address your firms experience and approach to design and bidding each of these types of projects below.
1. HSIP projects to modify signals and intersections to increase vehicular, bike, and pedestrian safety.
2. Sidewalk projects to retrofit sidewalks along urban corridors.
3. Minor traffic and roadway improvement projects to increase traffic flow.
4. Eliminating roadside ditches and retrofitting curb and gutter along established corridors.
5. Provide County staff support by investigating particularly challenging engineering situations and recommending practical, cost-effective solutions.
M. Successful Offeror must prepare all necessary environmental studies, permits, documents, plans, hydraulic and hydrologic studies, and other supporting engineering and graphics data, schematics, and reports needed to achieve DPW defined objectives and comply with applicable County, State, and/or Federal regulations.
I. COUNTY RESPONSIBILITIES:
Henrico County will designate an individual to act as the Project Manager for all work performed under this contract. The Project Manager shall coordinate the work, and shall have the authority to make decisions in writing binding their respective employers on matters within the scope of the contract.
IV. ANTICIPATED SCHEDULE:
The following represents a tentative outline of the process currently anticipated by the County:
← Request for Proposals distributed September 8, 2013
← Pre-proposal Conference September 19, 2013, 10:00 a.m.
← Receive written proposals October 4, 2013, 2:30 p.m.
← Conduct oral interviews October 29, 2013
← Negotiations October, 2013
← Award of Contract December, 2013
V. GENERAL CONTRACT TERMS AND CONDITIONS:
A. Annual Appropriations
It is understood and agreed that the contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the County of Henrico, 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 of Henrico, Virginia (the “County”) 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 shall, within fifteen (15) calendar days after Contract documents are presented for signature, execute and deliver to the Purchasing Division 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. Upon making an award, or giving notice of intent to award, the County will place appropriate notice on the public bulletin board located at the following locations:
Purchasing Division Office Eastern Government Center
North Run Office Complex 3820 Nine Mile Road
1590 East Parham Road Henrico VA
Henrico VA 23228 23223
Henrico Government Center
4301 E. Parham Road
Henrico VA 23228
Notice of award or intent to award may also appear on the Purchasing Division website:
C. Collusion
By submitting a proposal in response to this Request for Proposal, the Offeror represents that in the preparation and submission of this proposal, said 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
The Successful Offeror shall submit a complete itemized invoice on each delivery or service that is performed under the Contract. Payment shall be rendered to the Successful Offeror for satisfactory compliance with the Contract within forty-five (45) days after receipt of a proper invoice.
E. Controlling Law and Venue
The Contract will be made, entered into, and shall be performed in the County of Henrico, Virginia, 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. Default
1. If the Successful Offeror is wholly responsible for a failure to perform the Contract (including, but not limited to, failure to make delivery of goods, failure to complete implementation and installation, and/or if the goods and/or services fail in any way to perform as specified herein), the County may consider the Successful Offeror to be in default. In the event of default, the County will provide the Successful Offeror with written notice of default, and the Successful Offeror shall provide a plan to correct said default within 20 calendar days of the County’s notice of default.
2. If the Successful Offeror fails to cure said default within 20 days, the County, among other actions, may complete the Contract work through a third party, and the Successful Offeror shall be responsible for any amount in excess of the Contract price incurred by the County in completing the work to a capability equal to that specified in the Contract.
G. Discussion of Exceptions to the RFP
This RFP, including but not limited to its venue, termination, and payment schedule provisions, shall be incorporated by reference into the Contract documents as if its provisions were stated verbatim therein. Therefore, Offerors shall explicitly identify any exception to any provisions of the RFP in a separate “Exceptions to RFP” section of the proposal so that such exceptions may be resolved before execution of the Contract. In case of any conflict between the RFP and any other Contract documents, the RFP shall control unless the Contract documents explicitly provide otherwise.
H. 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.
I. Employment Discrimination by Contractor Prohibited
1. 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.
J. Employment of Unauthorized Aliens Prohibited
Any contract that results from this Request for Proposal shall include the following language: "As required by Virginia Code §2.2-4311.1, the contactor does not, and shall not during the performance of this agreement, in the Commonwealth of Virginia knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986."
K. 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 from any claims, damages, suits, actions, liabilities and costs of any kind or nature, including attorneys’ fees, arising from or caused by the provision of any goods and/or services, the failure to provide any goods and/or services and/or the use of any services and/or goods furnished (or made available) by the Successful Offeror, provided that such liability is not attributable to the County’s sole negligence.
L. Insurance Requirements
The Successful Offeror shall maintain insurance to protect itself and the County (including Henrico County Public Schools) 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 goods and/or services under the Contract, whether such goods and/or 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 A)
M. No Discrimination against Faith-Based Organizations
Henrico County does not discriminate against faith-based organizations as that term is defined in Va. Code § 2.2-4343.1.
N. 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 normal operations will be held to a minimum.
4. The Successful Offeror shall be an independent contractor and shall not be an employee of the County.
O. 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.
P. Record Retention and Audits
1. The Successful Offeror shall retain, during the performance of the Contract and for a period of three 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.
Q. 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.
R. Small, Women-Owned and Minority-Owned (SWAM) Businesses
The County welcomes and encourages the participation of small businesses and businesses owned by women and minorities in procurement transactions made by the County. The County of Henrico actively solicits both small business, women-owned and minority (SWAM) businesses to respond to all Invitations for Bids and Requests for Proposals. All solicitations are posted on the County’s Internet site at:
S. Subcontracts
1, 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.
2. The County encourages the contractor to utilize small, women-owned, and minority-owned business enterprises. For assistance in finding subcontractors, contact the Supplier Relations Coordinator (804-501-5689) or the Virginia Department of Minority Business Enterprises:
T. Taxes
1. The Successful Offeror shall pay all county, city, state and federal taxes required by law and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be in addition to the Contract price between the County and the Successful Offeror, as the taxes shall be an obligation of the Successful Offeror and not of the County, and 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.
U. Termination of Contract
1. The County reserves the right to terminate the Contract immediately in the event that the Successful Offeror discontinues or abandons operations; is adjudged bankrupt, or is reorganized under any bankruptcy law; or fails to keep in force any required insurance policies or bonds.
2. Failure of the Successful Offeror to comply with any section or part of the Contract will be considered grounds for immediate termination of the Contract by the County.
3. Notwithstanding anything to the contrary contained in the Contract between the County and the Successful Offeror, the County may, without prejudice to any other rights it may have, terminate the Contract for convenience and without cause, by giving 30 days’ written notice to the Successful Offeror.
4. If the County terminates the Contract, the Successful Offeror will be paid by the County for all scheduled work completed satisfactorily by the Successful Offeror up to the termination date.
V. County License Requirement
If a business is located in the County, it is unlawful to conduct or engage in that 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 you have any questions, contact the Business Section, Department of Finance, County of Henrico, telephone (804) 501-4310.
W. Environmental Management
The Successful Offeror shall comply with all applicable federal, state, and local environmental regulations. The Successful Offeror is required to abide by the County’s Environmental Policy Statement;
which emphasizes environmental compliance, pollution prevention, continual improvement, and conservation. The Successful Offeror shall be properly trained and have any necessary certifications to carry out environmental responsibilities. The Successful Offeror shall immediately communicate any environmental concerns or incidents to the appropriate County staff.
X. 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 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. The Successful Offeror shall have, at each location at which the Successful Offeror provides goods and/or services, a supervisor who is competent, qualified, or authorized on the work site, and 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 must be 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 shall immediately discontinue such operations upon receipt of either written or oral notice by the County to discontinue such practice.
Y. 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 shall 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 D) 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 shall 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 waiver is granted by the Director of Purchasing, his/her 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.
5. Any business entity described in subsection 1 that enters into a contract with a public body shall 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.
Z. Payment Clauses Required by Va. Code § 2.2-4354
Pursuant to Virginia Code § 2.2-4354:
1. The Successful Offeror shall take one of the two following actions within seven days after receipt of amounts paid to the Successful Offeror by the County for all or portions of the goods and/or services provided by a subcontractor: (a) pay the subcontractor for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor under that contract; or (b) notify the County and subcontractor, in writing, of the Successful Offeror’s intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.
2. Pursuant to Virginia Code § 2.2-4354, Successful Offerors that are proprietorships, partnerships, or corporations shall provide their federal employer identification numbers to the County. Pursuant to Virginia Code § 2.2-4354, Successful Offerors who are individual contractors shall provide their social security numbers to the County.
3. The Successful Offeror shall pay interest to its subcontractors on all amounts owed by the Successful Offeror that remain unpaid after seven days following receipt by the Successful Offeror of payment from the County for all or portions of goods and/or services performed by the subcontractors, except for amounts withheld as allowed in Subparagraph 1. above.
4. Pursuant to Virginia Code § 2.2-4354, unless otherwise provided under the terms of the Contract interest shall accrue at the rate of one percent per month.
5. 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.
6. The Successful Offeror's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in Virginia Code § 2.2-4354 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 the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.
AA. Contract Period
1. The Contract period shall be December 1, 2013 through November 30, 2014. The Contract price shall be firm for the Contract period.
2. After the Contract period, the Contract may be renewed for two (2) additional one-year terms upon written, mutual agreement between the County and the Successful Offeror. The price for each subsequent year after the Contract period may not exceed three percent (3%) above the previous year’s fee and shall remain firm for the renewal year.
3. The resulting contract should require the Successful Offeror to give at least a ninety (90) day written notice if they do not intend to renew the contract at any annual renewal.
4. The contract shall not exceed a maximum of three (3) years.
BB. Conflict of Interest:
At this time, the County is not considering this project to be delivered through a design-build option. If the County decides to deliver the projects through design-build options, the Successful Offeror and any of its team members may not be allowed to participate in ANY subsequent design-build contracts. Furthermore, the County will notify the Successful Offeror regarding the change in its intent of delivery method in advance. The Conflict of Interest determination will be made on a case by case basis at such time.
CC. Debarment
The Successful Offeror shall comply with the requirement set forth in Attachment E and submit with proposal.
VI. PROPOSAL SUBMISSION REQUIREMENTS:
A. The Purchasing Division will not accept oral proposals, nor proposals received by telephone, FAX machine, or other electronic means.
B. The Proposal Signature Sheet (Attachment B) 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.
C. All erasures, interpolations, and other changes in the proposal shall be signed or initialed by the Offeror.
D. The proposal, the proposal security, if any, and any other documents required, shall be enclosed in a sealed opaque envelope. The envelope containing the proposal shall be sealed and marked in the lower left-hand corner with the number, title, hour, and due date of the proposal.
E. The time proposals are received shall be determined by the time clock stamp in the Purchasing Division Office. Offerors are responsible for insuring that their proposals are stamped by Purchasing Division personnel by the deadline indicated.
F. By submitting a proposal in response to this Request for Proposal, the Offeror represents they have read and understand the Scope of Services and have 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. Trade secrets or proprietary information submitted by an Offeror in response to this Request for Proposal 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 (Section 2.2-4342F of the Code of Virginia). Attachment C
I. A proposal may be modified or withdrawn by the Offeror anytime prior to the time and date set for the receipt of proposals. The Offeror shall notify the Purchasing Division in writing of its intentions.
1. If a change in the proposal is requested, the modification must be so worded by the Offeror as to not reveal the original amount of the proposal.
2. Modified and withdrawn proposals may be resubmitted to the Purchasing Division up to the time and date set for the receipt of proposals.
3. No proposal can be withdrawn after the time set for the receipt of proposals and for one hundred twenty days (120) days thereafter.
J. Comments as to how the proposal documents, scope of services or drawings can be improved are welcome. Offerors requesting clarification or interpretation of or improvements to the proposal general terms, conditions, scope of services or drawings shall make a written request which shall reach the Purchasing Division Office, Department of Finance, at least eight (8) days prior to the date set for the receipt of proposals. Any changes to the proposal shall be in the form of a written addendum from the Purchasing Division and it shall be signed by the Director of Purchasing or a duly authorized representative. Each Offeror shall be responsible for determining that all addenda issued by the Purchasing Division have been received before submitting a proposal.
K. All proposals received in the Purchasing Division Office on time shall be accepted. All late proposals received by the Purchasing Division Office shall be returned to the Offeror unopened. Proposals shall be open to public inspection only after award of the contract.
VII. PROPOSAL RESPONSE FORMAT:
A. Offerors shall submit a written proposal that present the Offeror’s qualifications and understanding of the work to be performed. Offerors are asked to address each evaluation criterion and to be specific in presenting their qualifications. Your proposal should provide all the information considered pertinent to your qualifications for this project.
B. The Offeror should include in their proposal the following:
I. Table of Contents – all pages shall be numbered
II. Introduction
Cover letter - on company letterhead, signed by a person with the corporate authority to enter into contracts.
The following documents require acknowledgement or signature according to their text. By submitting a proposal your firm is acknowledging the documents that are of a policy nature even though a signature is not required. The remaining documents require information to be filled in and signed by a person with the corporate authority to enter into contracts.
Proposal Signature Sheet – Attachment B
Proprietary Information – Attachment C
VA State Corporation Commission Identification – Attachment D
CERTIFICATION REGARDING DEBARMENT – Attachment E
Good Faith Effort – Attachment F
VDOT EEO Executive Order 11246 – Attachment G
Firm Data Sheet for Compliance – Attachment H
VDOT DBE and SWAM Payment Compliance Report Form C-63, Attachment I
VDOT Consultant Title VI Evaluation Form – Attachment J
USDOT 1050.2 Appendix A – Attachment K
Appendix 17A – Required Contract Provisions and Forms Matrix (for information only)
VIII. Executive Summary – Narrative summary to include the following:
1. The Offeror shall submit a list of completed projects and a resume of personnel expected to be assigned to this project including the name(s) of the partner in charge and any consultants. The Offeror shall describe the recent and successful experience of the project team on similar projects.
2. Each Offeror submitting a proposal shall include a statement that they will
provide all the services necessary to complete the specific project as outlined in the Request for Proposal. The Offeror shall describe any services that will be subcontracted.
3. The Offerors shall provide evidence of past cost performance, project scheduling and general overall completion on time of past projects.
4. Current workload of the Offeror with particular reference to personnel and other resources being proposed.
5. Proposed Approach and Schedule: Offeror shall describe the firms approach to
the project. The Offeror shall also submit a preliminary outline of how they would propose to schedule the different elements of this project, including a projected time schedule.
6. Offeror to provide a minimum of 3 references for similar projects.
7. It is the policy of the [Locality] that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 must have the maximum opportunity to participate in the performance of federal contracts. A list of Virginia Department of Minority Business Enterprise certified DBE firms is maintained on their web site () under the DBE Directory of Certified Vendors and a list of Metropolitan Washington Airports Authority certified DBE firms are maintained on their web site () under DBE Directory. Contractors are encouraged to take all necessary and reasonable steps to ensure that DBE firms have the maximum opportunity to compete for and perform services on contract, including participation in any subsequent supplement contracts. If the contractor intends to subcontract a portion of the services on the project, the contractor is encouraged to seek out and consider DBEs as potential subcontractors. The contractor is encouraged to contact DBEs to solicit their interest, capability and qualifications. Any agreement between a contractor and a DBE whereby the DBE promises not to provide services to other contractors is prohibited.
The Department believes that these services support 10% DBE participation.
If portions of the services are to be subcontracted to a DBE or SWaM, the following needs to be submitted with your EOI and both must reference the project number(s) for the services:
• Written documentation of the prime’s commitment to the DBE or SWaM firm to subcontract a portion of the services, a description of the services to be performed and the percent of participation.
• Written confirmation from the DBE or SWaM firm that it is participating, including a description of the services to be performed and the percent of participation.
49 CFR Part 26 requires VDOT to collect certain data about firms attempting to participate in VDOT contracts. This data must be provided on the enclosed Firm Data Sheet. (Attachment H)
VDOT is also required to capture DBE and SWaM payment information on all professional services contracts. The successful prime consultant will be required to complete C- 63 form for both state and federally funded projects on quarterly basis.
Any DBE or SWaM firm must become certified (with the Virginia Department of Minority Business Enterprise) prior to your response being submitted. If DBE or SWaM firm is the prime consultant, the firm will receive full credit for planned involvement of their own forces, as well as the work that they commit to be performed by DBE or SWaM subconsultants. DBE or SWaM prime consultants are encouraged to make the same outreach efforts as other consultants. DBE or SWaM credit will be awarded only for work actually being performed by them. When a DBE or SWaM prime consultant subcontracts work to another firm, the work counts toward DBE or SWaM goals only if the other firm is itself a DBE or SWaM. A DBE or SWaM prime consultant must perform or exercise responsibility for at least 30% of the total cost of its contract with its own force.
DBE or SWaM certification entitles consultants to participate in VDOT’s DBE and SWaM programs. However, this certification does not guarantee that the firm will obtain VDOT work nor does it attest to the firm’s abilities to perform any particular work.
8. Please indicate, by executing and returning the attached Certification Regarding Debarment forms (Attachment E), if your firm, subconsultant, subcontractor, or any person associated therewith in the capacity of owner, partner, director, officer or any position involving the administration of Federal or State funds:
• Is currently under suspension, debarment, voluntary exclusion or determination of ineligibility by any federal agency.
• Has been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years.
• Does have a proposed debarment pending; or has been indicted, convicted, or had a civil judgment rendered against it or them by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
Any of the above conditions will not necessarily result in denial of award, but it will be considered in determining offeror responsibility. For any condition noted, indicate to whom it applies, initiating agency, and dates of action. Providing false information may result in Federal criminal prosecution or administrative sanctions.
9. If the prime consultant or sub-consultant does not have the in-house capability to provide non-professional services, each with an estimated cost of $5,000 or greater, such as diving services, soil drilling, sampling services or laboratory testing, these services must be subcontracted in accordance with State procurement procedures once a contract is executed, with no DBE or SWaM credit in the selection of the most qualified firm or team. Clearly indicate these services in the proposal submission.
10. Each business entity (prime and subconsultants) on the proposed team who is practicing or offering to practice professional services in Virginia, including, but not limited to, those practicing or offering to practice engineering, surveying, hydrologic and hydraulic analysis, geotechnical analysis and landscape architecture, should provide evidence including full size copies of appropriate commercial professional registrations and licenses for all main and branch offices proposed for this Project, as well as providing full size copies of appropriate individual registrations/licenses for those professional occupations per the requirements listed below. The proposal submission should convey the requested information for each regulant by the use of a concise table or matrix. (All full size copies of State Corporation Commission (SCC) and Department of Professional and Regulation (DPOR) supporting registration documentations should be included in the proposal submission:
a. The SCC registration detailing the name, registration number, type of corporation and status of the business entity. (Attachment D)
b. For this Project/Contract, the DPOR registration information for each office practicing or offering to practice any professional services in Virginia: Provide the business name, address, registration type, registration number, expiration date.
c. For this Project/Contract, the DPOR license information for each of your Key Personnel practicing or offering to practice professional services in Virginia: Provide the name, the address, type, the registration number, and the expiration date. Provide the office location where each of the Key Personnel is offering to practice professional services.
d. For this Project/Contract, the DPOR license information for those services not regulated by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects (i.e. real estate appraisal): the business name, the address, the registration type, the registration number, and the expiration date.
IX. PROPOSAL EVALUATION/SELECTION PROCESS:
A. Offerors are to make written proposals, which present the Offeror's qualifications and understanding of the work to be performed. Offerors are asked to address each evaluation criteria and to be specific in presenting their qualifications. Proposals should be as thorough and detailed as possible so that the County may properly evaluate your capabilities to provide the required goods/services.
B. Selection of the Successful Offeror will be based upon submission of proposals meeting the selection criteria. The selection criteria will include:
|Criteria |Weight |
|Functional Requirements |40 |
|Extent to which the proposed solution satisfies the RFP functional requirements in the Scope of Services | |
|Clearly demonstrated understanding of the work to be performed and completeness and reasonableness of the Successful | |
|Offeror’s plan for accomplishing the Scope of Services | |
|Implementation of Services/Project Management |25 |
|Project Schedule | |
|Project Management | |
|Project Team | |
|Current workload and the ability to complete required work within County schedule | |
|Experience and Qualifications |30 |
|Special experience, technical capabilities, professional competence, and qualifications of proposed personnel assigned to | |
|provide the services in accordance with the Scope of Services | |
|Financial Stability of the Firm | |
|References | |
|Resumes (experience) of proposed management and installation staff (including any Professional Registrations, Technical | |
|Training Certifications) | |
|Special experience, technical capabilities, professional competence, and qualifications of the Offeror. | |
|Past cost performance, project scheduling performance and general overall completion on time of past projects | |
|Quality of submission/oral presentation. |5 |
|TOTAL |100 |
C. The County shall engage in individual discussions with two or more Offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required service. These Offerors will be requested to make an oral presentation to a Selection Committee to explain their proposal and answer questions.
D. At the conclusion of discussion, and on the basis of evaluation factors as stated in the Request for Proposals and all information developed in the selection process to this point, the County shall select in the order of preference two or more Offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted; beginning with the two top ranked Offerors. If contract(s) satisfactory and advantageous to the County can be negotiated at a price considered fair and reasonable, the award shall be made to the two top ranked Offerors. Otherwise, negotiations with the Offeror ranked first and/or second shall be formally terminated and negotiations will be conducted with the Offeror ranked third, and so on until such a contract can be negotiated at a fair and reasonable price. Should the County determine in writing and in its sole discretion that only one Offeror is fully qualified a contract may be negotiated and awarded to that Offeror only.
ATTACHMENT A
INSURANCE SPECIFICATIONS
The Successful Offeror shall carry Public Liability Insurance in the amount specified below, including contractual liability assumed by the Successful Vendor, and shall deliver a Certificate of Insurance from carriers licensed to do business in the Commonwealth of Virginia. The Certificate shall show the County of Henrico and Henrico County Public Schools named as an additional insured for the Commercial General Liability coverage. The coverage shall be provided by a carrier(s) rated not less than “A-“ with a financial rating of at least VII by A.M. Bests or a rating acceptable to the County. In addition, the insurer shall agree to give the County 30 days notice of its decision to cancel coverage.
Workers’ Compensation
Statutory Virginia Limits
Employers’ Liability Insurance - $100,000 for each Accident by employee
$100,000 for each Disease by employee
$500,000 policy limit by Disease
Commercial General Liability - Combined Single Limit
$1,000,000 each occurrence including contractual liability for specified agreement
$2,000,000 General Aggregate (other than Products/Completed Operations)
$2,000,000 General Liability-Products/Completed Operations
$1,000,000 Personal and Advertising injury
$ 100,000 Fire Damage Legal Liability
Business Automobile Liability – including owned, non-owned and hired car coverage
Combined Single Limit - $1,000,000 each accident
Excess/Umbrella Liability –
$1,000,000 per occurrence
Professional Liability
$1,000,000 per occurrence, $2,000,000 aggregate
If coverage is written on a claims-made basis, the coverage shall include an extended reporting period of not less than 24 months beyond the date of cancellation or non-renewal of coverage.
NOTE 1: The commercial general liability insurance shall include contractual liability. The contract includes the following indemnification agreement: “The Successful Offeror agrees to indemnify, defend and hold harmless the County of Henrico including Henrico Public County Schools, its officers, agents and employees from any claims, damages, suits, actions, liabilities and costs of any kind or nature, including attorneys’ fees, arising from or caused by 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 County’s sole negligence.” The County makes no representation or warranty as to how the Offeror’s insurance coverage responds or does not respond. Insurance coverages that are unresponsive to the above indemnification provisions do not limit the Offeror’s responsibilities outlined in the contract.
NOTE 2: The intent of this insurance specification is to provide the coverage required and the limits expected for each type of coverage. With regard to the Commercial General Liability, the total amount of coverage can be accomplished through any combination of primary and excess/umbrella insurance. However, the total insurance protection provided for Commercial General Liability, either individually or in combination with Excess/Umbrella Liability, must total $2,000,000 per occurrence. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded the County of Henrico and Henrico County Public Schools. This policy shall be endorsed to be primary with respect to the additional insured
NOTE 3: Title 65.2 of the Code of Virginia requires every employer who regularly employs three or more full-time or part-time employees to purchase and maintain workers' compensation insurance. If you do not purchase a workers’ compensation policy, a signed statement is required documenting that you are in compliance with Title 65.2 of the Code of Virginia.
NOTE 4: Successful Offeror waives all rights against the County of Henrico, School Board of Henrico County, their officers, boards, commissions, agents and employees for recovery of damages.
Attachment B
PROPOSAL SIGNATURE SHEET
Page 1 of 2
My signature certifies that the proposal as submitted complies with all requirements specified in this Request for Proposal (“RFP”).
My signature also certifies that by submitting a proposal in response to this RFP, the 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 or business entity, or enter into any agreement, participate in any collusion, or otherwise take any action in the restraining of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section 1) or Sections 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.
I hereby certify that I am authorized to sign as a legal representative for the business entity submitting this proposal.
|LEGAL NAME OF OFFEROR (DO NOT USE TRADE NAME): |
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|ADDRESS: |
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|SIGNATURE: |
|NAME OF PERSON SIGNING (print): |
|TITLE: |
|TELEPHONE: |
|FAX: |
|E-MAIL ADDRESS: |
|DATE: |
SUBMIT THIS FORM WITH PROPOSAL
Attachment B
PROPOSAL SIGNATURE SHEET
Page 2 of 2
PLEASE SPECIFY YOUR BUSINESS CATEGORY BY CHECKING THE APPROPRIATE BOX OR BOXES BELOW.
(Check all that apply.)
□ MINORITY-OWNED BUSINESS
□ SMALL BUSINESS
□ WOMEN-OWNED BUSINESS
□ NONE OF THE ABOVE
If certified by the Virginia Minority Business Enterprises (DMBE), provide DMBE certification number and expiration date. ___________________NUMBER ______________________DATE
Supplier registration – The County of Henrico encourages all suppliers interested in doing business with the County to register with eVA, the Commonwealth of Virginia’s electronic procurement portal, .
eVA Registered? YES NO
ATTACHMENT C
PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION
NAME OF FIRM/OFFEROR: ______________________________
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 including the section of the proposal in which it is contained and the page numbers, and states 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. In addition, a summary of proprietary information submitted shall be submitted on this form. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the offeror refuses to withdraw such a classification designation, the proposal may be rejected.
|SECTION/TITLE |PAGE NUMBER(S) |REASON(S) FOR WITHHOLDING FROM DISCLOSURE |
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ATTACHMENT D
VIRGINIA STATE CORPORATION COMMISSION (SCC)
REGISTRATION INFORMATION
The bidder or offeror:
□ is a corporation or other business entity with the following SCC identification number: ________________________________ -OR-
□ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-
□ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder/offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s/offeror’s out-of-state location) -OR-
□ is an out-of-state business entity that is including with this bid/proposal an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s/offeror’s current contacts with Virginia and describes why whose contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.
Please check the following box if you have not checked any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids/proposals: □
ATTACHMENT E
CERTIFICATION REGARDING DEBARMENT
PRIMARY COVERED TRANSACTIONS
(To be completed by a Prime Consultant)
Project: _________________________________________
1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.
b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; and have not been convicted of any violations of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1) b) of this certification; and
d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.
2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
The undersigned makes the foregoing statements to be filed with the proposal submitted on behalf of the offeror for contracts to be let by the Commonwealth Transportation Board.
____________________ _____________________ _________________________________
Signature Date Title
________________________________________________________________________________
Name of Firm
Attachment E continued
CERTIFICATION REGARDING DEBARMENT
LOWER TIER COVERED TRANSACTIONS
(To be completed by a Sub-consultant)
Project: __________________________________________
1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
The undersigned makes the foregoing statements to be filed with the proposal submitted on behalf of the offeror for contracts to be let by the Commonwealth Transportation Board.
____________________ _____________________ _________________________________
Signature Date Title
________________________________________________________________________________
Name of Firm
ATTACHMENT F
(Federally Funded Project with DBE Goal)
The County will be accepting what consultants submit in their Expressions of Interest regarding good faith efforts. If a firm that has submitted good faith effort documentation makes the short list, the procuring Division Administrator (VDOT) (cannot be delegated unless he/she will be out of the office for more than 5 work days) along with a representative of the EO Division will determine if the good faith effort is acceptable.
When there is a contract goal, a consultant must make good faith efforts to meet it. The consultant can do so either through obtaining enough DBE participation to meet the goal or documenting the good faith efforts it made to do so. These means of meeting contract goal requirements are fully equivalent. 49 CFR Part 26 (the Rule) explicitly provides that the Department must not disregard showings of good faith efforts, and it gives consultants the right to have the Department reconsider a decision that their good faith efforts were insufficient. The Department is prohibited from denying a contract to a consultant simply because it did not obtain enough DBE participation to meet the goal. The Department must seriously consider consultants’ documentation of good faith efforts. To make certain that consultants’ showings are taken seriously, the Rule requires the Department to offer administrative reconsideration to consultants whose good faith efforts showings are initially rejected.
The Rule also ensures flexibility for consultants by requiring that any contract goal be waived entirely for a prime consultant that demonstrates that it made good faith efforts but was still unable to meet the goal.
When the Department sets a contract goal, the basic obligation of consultants is to make good faith efforts to meet it. They can demonstrate these efforts in either of two ways, which are equally valid. First, they can meet the goal, by documenting that they have obtained commitments for enough DBE participation to meet the goal. Second, even though they have not met the goal, they can document that they have made good faith efforts to do so. A refusal by the Department to accept valid showings of good faith is not acceptable under the Rule.
The Rule makes clear that the Department is not to use a “conclusive presumption” approach, in which the apparent successful consultant is summarily found to have failed to make good faith efforts simply because another consultant was able to meet the goal. However, the performance of other consultants in meeting the contract can be a relevant factor in a good faith effort determination, in more than one way. For example, when the apparent successful consultant fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful consultant could have met the goal. It does not, by itself, prove that the apparent successful consultant did not make a good faith effort to get DBE participation, however. On the other hand, if the apparent successful consultant fails to meet the goal, but meets or exceeds the average DBE participation obtained by other consultants, the Department may view this, in conjunction with other factors, as evidence of the apparent successful consultant having made good faith efforts.
The fact that some additional costs may be involved in finding and using DBEs is not in itself sufficient reason for a consultant’s failure to meet a DBE contract goal, as long as such costs are reasonable.
If the Department determines that the apparent successful consultant has failed to meet the requirements of a good faith effort, the Department must, before awarding the contract, provide the consultant an opportunity for administrative reconsideration. The Department intends that the process be informal and timely. The Department will ensure that the process is completed within a brief period (e.g., 5-10 days) to minimize any potential delay in procurements. The consultant will have an opportunity to meet with the reconsideration official, but a formal hearing is not required. As part of this reconsideration, the consultant must have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The Department’s decision on reconsideration will be made by an official who did not take part in the original determination that the consultant failed to meet the goal or make adequate good faith efforts to do so. The consultant must have the opportunity to meet in person with the reconsideration official to discuss the issues of whether it met the goal or made adequate good faith efforts to do so. The Department will send the consultant a written decision on reconsideration, explaining the basis for finding that the consultant did or did not meet the goal or make adequate good faith efforts to do so. The Department’s reconsideration personnel consists of the Commissioner’s DBE Review Panel.
It is up to the Department to make a fair and reasonable judgement whether a consultant that did not meet the goal made adequate good faith efforts. It is important for the Department to consider the quality, quantity, and intensity of the different kinds of efforts that the consultant has made. The efforts employed by the consultant should be those that one could reasonably expect a consultant to take if the consultant were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. The Department’s determination concerning the sufficiency of the firm’s good faith efforts is a judgement call: meeting quantitative formulas is not required.
If DBE is prime, they will be allowed to count toward goals the work they commit to performing with their own forces, as well as the work that they commit to be performed by DBE subcontractors. DBE consultants on prime contracts will be expected to make the same outreach efforts as other consultants.
When a DBE participates in a contract, the Department will count only the value of the work actually performed by the DBE toward DBE goals. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE’s subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, you must presume that it is not performing a commercially useful function. If a DBE firm loses certification, its work no longer counts toward the DBE goal.
All consultants will be required to submit the following information to the Department with the EOI:
• The names and addresses of DBE firms that will participate in the contract;
• A description of the work that each DBE will perform;
• The percentage amount of the participation of each DBE firm participating;
• Written documentation of the prime consultant’s commitment to use a DBE subcontractor whose participation it submits to meet a contract goal;
• Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor’s commitment; and
• If the contract goal is not met, evidence of good faith efforts.
The Department has prepared a list based on Federal Regulations of some of the kinds of efforts that consultants may make in obtaining DBE participation. It is not intended to be a mandatory checklist. The Department does not require that a consultant do any one, or particular combination, of the things on the list, nor is the list intended to be exclusive or exhaustive; it merely offers examples. Other factors or types of efforts may be relevant in appropriate cases. In determining whether a consultant has made good faith efforts, it will usually be important for the Department to look not only at the different kinds of efforts that the Consultant has made, but also of the timeliness, quantity, and intensity of these efforts.
The Department offers the following examples of efforts that may be considered:
A. Soliciting through all reasonable and available means (e.g., attendance at project showings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The consultant must solicit this interest within sufficient time to allow the DBEs to participate effectively. The consultant must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.
B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime consultant might otherwise prefer to perform these work items with its own forces.
C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract.
D. (1) Negotiating in good faith with interested DBEs. It is the consultant’s responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work.
D. (2) A consultant using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm’s costs, qualifications and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a consultant’s failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime consultant to perform the work of a contract with its own organization does not relieve the consultant of the responsibility to make good faith efforts. Prime consultants are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable.
E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor’s standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations {for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor’s efforts to meet the project goal.
F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.
G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.
H. Effectively using the services of available minority community organizations; minority contractors’ groups; local, state, and Federal minority business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs.
ATTACHMENT G
GUIDELINES - FEDERAL-AID PROJECTS GREATER THAN $10,000.00.
EXCEPTIONS:
— NA.
SF030AF-0702 Reissued July 9, 2002
VIRGINIA DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION FOR
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals for female and minority participation, expressed in percentage terms of the Contractor's aggregate work force in each trade on all construction works in the covered area, are as follows:
Females- 6.9%
Minorities - See Attachment "A"
The goals are applicable to all the Contractor's construction work performed in the covered area, whether or not it is Federal or federally assisted. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications, set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established herein. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executives Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 workings days the award of any construction subcontract in excess of $10,000 at any tier for construction works under this contract. The notification shall list the name, address and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract, estimated starting and completion dates of the subcontract. and the geographical area in which the contract is to be performed.
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)
1. As, used in this provision:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941;
d. "Minority" includes:
(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors and Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth m the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the coverer area. Covered construction Contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, shall assign two or more women to each construction project. The Contractor shall specifically ensure that all foreman, superintendents and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off the street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or women sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents and General Foremen prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including in any news media advertisement that the Contractor is "An Equal Opportunity Employer" for minority and female, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.
i. Directs its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used m the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of Contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
l. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for such opportunities through appropriate training or other means.
m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated, except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.
9. Goals for women have been established. However, the Contractor IS required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner, that is even thought the Contractor has achieved its goals for women, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex or nation origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246. as amended.
13. The Contractor, in fulfilling its obligations under these specifications shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from ItS efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director will proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate and make known to the Department a responsible official as the EEO Officer to monitor all employment related activity, to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors will not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
ATTACHMENT A
Economic Area Goal (Percent)
Virginia:
021 Roanoke-Lynchburg, VA
SMSA Counties:
4640 Lynchburg, VA 19.3
VA Amherst; VA Appomattox; VA Campbell; VA Lynchburg.
6800 Roanoke, VA............ 10.2
VA Botetourt; VA Craig; VA Roanoke; VA Roanoke City; VA Salem
Non-SMSA Counties. .12.0
VA Alleghany; VA Augusta; VA Bath; VA Bedford; VA Bland; VA Carroll;
VA Floyd; VA Franklin; VA Giles; VA Grayson; VA Henry; VA Highland;
VA Montgomery;VA Nelson; VA Patrick; VA Pittsylvania; VA Pulaski;
VA Rockbridge; VA Rockingham; VA Wythe; VA Bedford City; VA Buena Vista:
VA Clifton Forge; VA Covington; VA Danville; VA Galax; VA Harrisonburg;
VA Lexington; VA Martinsville; VA Radford; VA Staunton; VA Waynesboro;
WV Pendleton.
022 Richmond, VA:
SMSA Counties:
6140 Petersburg - Colonial Heights - Hopewell, VA 30.6
VA Dinwiddie; VA Prince George; VA Colonial Heights; VA Hopewell;
VA Petersburg.
6760 Richmond, VA 24.9
VA Charles City; VA Chesterfield; VA Goochland, VA Hanover; VA
Henrico; VA New Kent; VA Powhatan; VA Richmond.
Non-SMSA Counties 27.9
VA Albermarle; VA Amelia; VA Brunswick; VA Buckingham, VA Caroline;
VA Charlotte; VA Cumberland; VA Essex; VA Fluvanna; VA Greene; VA
Greensville; VA Halifax; VA King and Queen; VA King William; VA
Lancaster; VA Louisa; VA Lunenburg; VA Madison; VA .Mecklenburg; VA
Northumberland; VA Nottoway; VA Orange; VA Prince Edward; VA Richmond
VA Sussex; VA Charlottesville; VA Emporia; VA South Boston
023 Norfolk - Virginia Beach - Newport News VA:
SMSA Counties:
5680 Newport News- Hampton, VA 27.1
VA Gloucester; VA James City; VA York; VA Hampton; VA Newport
News; VA Williamsburg.
5720 Norfolk - Virginia Beach - Portsmouth, VA - NC 26.6
NC Currituck; VA Chesapeake; VA Norfolk; VA Portsmouth; VA
Suffolk; VA Virginia Beach.
Non-SMSA Counties 29.7
NC Bertie; NC Camden; NC Chowan; ,NC Gates; NC Hertford;
NC Pasquotank; NC Perquimans; VA lsle of Wight; VA Matthews;
VA Middlesex; VA Southampton;VA Surry; VA Franklin.
Washington, DC:
020 Washington, DC.
SMSA Counties:
8840 Washington, DC - MD - VA 28.0
DC District of Columbia; MD Charles; MD Montgomery MD Prince
Georges; VA Arlington; VA Fairfax; VA Loudoun; VA Prince William
VA Alexandria; VA Fairfax City; VA Falls Church.
Non- SMSA Counties 25.2
MD Calvert; MD Frederlck; MD St. Marys: MD Washington; VA Clarke;
VA Culpeper; VA Fauquier; VA Frederick; VA King George; VA Page; VA
Rappahannock; VA Shennandoah; VA Spottsylvania; VA Stafford; VA
Warren: VA Westmoreland; VA Fredericksburg; VA Winchester WV Berkeley;
WV Grant; WV Hampshire; WV Hardy; WV Jefferson; WV Morgan.
Tennessee:
052 Johnson City - Kingsport - Brlstol, TN - VA
SMSA Counties:
3630 Johnson City - Kingsport -Bristol, TN-VA 2.6
TN Carter; TN HawkIns; TN Sulivan; TN Washingtion; VA Scott: VA
Washington;VA Bristol.
Non-SMSA Counties 3.2
TN Greene; TN Johnson; VA Buchanan;VA Dickenson; Va Lee;
VA Russell; VA Smyth; VA Tazewell; VA Wise; VA Norton; WV McDowell;
WV Mercer.
Maryland
019 Baltimore MD:
Non-SMSA Counties 23.6
MD Caroline; MD Dorchester; MD Kent; MD Queen Annes; MD Somerset;
MD Talbot; MD Wicomico; MD Worchester; VA Accomack; VA Northampton.
ATTACHMENT H
FIRM DATA SHEET
Funding (S=State F=Federal)
Project No.:
Division:
EOI Due Date:
The prime consultant is responsible for submitting the information requested below on all firms on the project team, both prime and all subconsultants. All firms are to be reported on one combined sheet unless the number of firms requires the use of an additional sheet. Failure to submit all of the required data will result in the Expression of Interest not being considered.
|Firm’s Name and Address |Firm’s DBE or SWaM |Firm’s |Firm’s Annual |
| |Status * |Age |Gross Receipts |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
* YD = DBE Firm Certified by DMBE N = DBE or SWaM Firm Not Certified by MBE NA = Firm Not Claiming DBE or SWaM Status
YS = SWaM Firm Certified by DMBE. Indicate whether small, woman-owned, or small business.
DMBE is the Virginia Department of Minority Business Enterprise
ATTACHMENT I
FORM C-63
DBE and SWAM Payment Compliance Report,
attached as a PDF copy
Electronic copy allowing text insertion is available at the VDOT website
ATTACHMENT J
VDOT Consultant Title VI Evaluation Form,
Attached as a PDF copy
Electronic copy allowing text insertion is available at the VDOT website
ATTACHMENT K
USDOT 1050.2
APPENDIX A,
Attached as a PDF copy
ATTACHMENT L
Appendix 17A – Required Contract Provisions and Forms Matrix
(for information only)
Attached as a PDF copy
-----------------------
Cecelia H. Stowe, CPPO, C.P.M.
Purchasing Director
Department of Finance
COMMONWEALTH OF VIRGINIA
COUNTY OF HENRICO
[pic]
1590 E. PARHAM ROAD / P.O. BOX 90775, HENRICO, VIRGINIA 23273-0775
(804) 501-5660 FAX (804) 501-5693
definitions
For the purpose of determining the appropriate business category, the following definitions apply:
“Minority-owned business” means a business that is at least 51% owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal resident aliens and both the management and daily business operations are controlled by one or more minority individuals.
As used in the definition of “minority-owned business,” “minority individual” means an individual who is a citizen of the United States or a legal resident alien and who satisfies one or more of the following definitions:
1. “African American” means a person having origins in any of the original peoples of Africa and who is regarded as such by the community of which this person claims to be a part.
2. “Asian American” means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including but not limited to Japan, China, Vietnam, Samoa !&'(=ENçØÆ´¥˜Œ€qØeXH3(hûhñUà5?B*[pic]CJOJ[?]QJ[?]^J[?]phhûhñUà5?CJOJ[?]QJ[?]^J[?]hñUà5?CJOJ[?]QJ[?]^J[?]hî1ÄCJOJ[?]QJ[?]aJhEÄhEÄCJOJ[?]QJ[?]aJhºv?CJOJ[?]QJ[?]aJh!
ËCJOJ[?]QJ[?]aJ, Laos, Cambodia, Taiwan, Northern Mariana, the Philippines, a U.S. territory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regarded as such by the community of which this person claims to be a part.
3. “Hispanic American” means a person having origins in any of the Spanish-speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.
4. “Native American” means a person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.
“Small business” means a business, independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees, or annual gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners shall control both the management and daily business operations of the small business.
“Women-owned business” means a business that is at least 51% owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women.
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