RFP #2015-City-SB-01 – Lease of Property for School Bus Parking

RFP for School Bus Parking

City of Fredericksburg, Virginia

Request for Proposals

RFP #2015-City-SB-01

Lease of Property for School Bus Parking




Sole contact point for submissions: Dr. John B. Gordon, III

Director of Administrative Services

Fredericksburg City Public Schools

817 Princess Anne Street

Fredericksburg, VA 22401
Sole contract point for questions: Dr. John B. Gordon, III

Director of Administrative Services Fredericksburg City Public Schools (540) 372-1092

jgordon @cityschools.com





Important dates:


RFP issuance
September 9, 2015
Deadline for proposers to ask questions
September 18, 2015
Deadline for City’s responses to questions
September 23, 2015
Proposals due
September 30, 2015
Anticipated notification of contract award
October 21, 2015


The Fredericksburg City Public Schools (FCPS) desires to lease property in or near the City’s Battlefield Industrial Park for school bus parking.  Currently, school bus parking is provided at the Fredericksburg Department of  Public Works  Shop, 1000  Tyler  Street  (City Shop).    Th e current location is overcrowded and does not provide sufficient space for bus storage.


Proposer Eligibility Requirements


1.     A Proposer must assume responsibility as prime contractor for this contract. Consortiums, joint ventures, or teams submitting proposals, although encouraged, must establish that all contractual responsibility rests solely with one legal entity, which cannot be a subsidiary or affiliate with limited resources.

Subcontracting is only permitted with the City’s advance written permission. Identify all proposed subcontractors in your proposal.


2.    Proposers must be authorized to do business in Virginia, and registered with the Virginia State Corporation Commission. Provide the full legal name of the proposer, as registered with the SCC, in the proposal.


3.   Any person currently debarred under Fredericksburg City Code § 2-411 cannot submit a proposal.


4.    More than one proposal received in response to a single solicitation from a legal entity under the same or different names will be rejected. An entity acting only as a subcontractor may be included as a subcontractor for two or more proposers. Proposals may be rejected if reasonable grounds exist for believing that collusion exists among any proposers.


5.    The City does not discriminate against proposers based on race, religion, color, sex, national origin, age, disability, or faith-based organization status.


Scope of Work


As noted in the introduction, the Fredericksburg City Public Schools (FCPS) desires to lease property in or near the City’s Battlefield Industrial Park for school bus parking.   Currently, school bus parking is provided at the Fredericksburg Department of Public Works Shop, 1000

Tyler Street (City Shop).


The  FCPS  desires  to  enter  into  a  long-term  lease  for  property  which  can  meet  the  school division’s current and future needs for bus storage.


The property to-be leased should include the following:

•    Space for parking approximately 50 school buses

•    Space for parking private vehicles of bus drivers (approximately 60)

•    A small building with restrooms for men and women, and a break room for drivers

•    Facility should be served by all necessary public utilities (e.g., water, sewer, electric, gas, and telecommunications)

•    Facility should be paved, fenced and lighted

•    Facility should be in close proximity to the City Shop where all bus maintenance work and fueling operations will continue.


The FCPS desires to select a lessor who will work with FCPS in a timely manner to develop property in accordance with the general requirements noted above.  The development of the property must meet current standards enumerated in the City’s Unified Development Ordinance.


Instruction s to Proposers


1.     Do not submit copious amounts of general promotional material. Please focus on addressing the Scope of Work, in the format described under ‘Proposal Format.’


2.    All proposals must be received by 3:00PM on the date specified on this RFP’s cover page, at the location specified on the cover page. Any proposal received after this time will not be

considered. It is the proposer’s responsibility to have their proposal in on time and at the correct place. Federal Express and other overnight delivery services may not guarantee morning delivery to Fredericksburg, VA.  Next day delivery usually arrives in mid-to-late afternoon.


3.    Submit one paper version and one electronic version in Adobe PDF format. The electronic version must be sealed in the same envelope with the paper version.


4.    Submit proposals on standard 8.5 x 11-inch paper, with the exception of any plats or concept plans. Each page must be clearly and consecutively numbered on each page.


5.    The original proposal must be signed by an official authorized to legally bind the proposer to its terms.   The signature must appear above the typed or printed name and title of the individual signing, include a statement that the signer is authorized to bind the proposer to its terms, and include a statement that the proposal is valid for at least 180 days from the proposal date.


6.    All records pertaining to this procurement are open to inspection by the public under the

Virginia Freedom of Information Act unless specifically exempted under Virginia Code § 2.2-

4342. If you want portions of your proposal to be confidential, you must comply with § 2.2-

4342(F), which requires that you (i) specifically invoke the protections of § 2.2-4342(F) before or upon submission of the data, (ii) identify the specific data to be protected, and (iii) state the reasons  why  protection  is  necessary.  You cannot  m ark  pricing  inform at ion  as confidential. If  the City  cannot  tell  which   specif ic parts  of  the proposal  are marked  as confidential, if the entire proposal is marked as confidential, or if you do not completely comply  with  §  2.2-4342(F),  the entire proposal  is  public information  and the City  will release it in response to a valid records request, in accordance with the timelines specified in

§ 2.2-4342(D).


7.    The legal terms attached to this request are the terms that will govern any contract resulting from the request. You may propose edits to these terms and propose specific additional terms, but you may not attach your own set of standard terms or other documents containing terms that contradict or restate the City’s terms.


8.    The City  may  request   clarification   of   submitted   information   and  request   additional information.


9.    Any proposal may be withdrawn up until the time set for the opening of the proposal.


10.  Any questions must be directed to the contact person listed on this RFP’s cover page. A written addendum  signed  by  that  person  and posted  at www.fredericksburgva.gov/Bids.aspx is the only means by which the City will issue official clarifications and information to this RFP.  You are responsible for checking for addenda regularly.                 You        may        sign        up        for        automatic        notifications        at: ww w.fred erick sburgva.gov/list.aspx?M od e= Subscribe#bids.


11.   Proposals are binding offers. If the City accepts a proposal, the proposer is bound to the terms of the contract.

12.  This program is contingent on available funding.  The City may award multiple contracts or no contract. The City may negotiate with proposers and ask proposers to revise aspects of their proposals.


13.  The City is not responsible for any costs incurred in preparing a proposal.


14. If  the  City  determines  that  a  proposer  has  made  a  material  misstatement  or misrepresentation, the City may eliminate the proposer from the RFP process.


15.  By submitting a proposal in response to this RFP, a proposer grants the City permission to audit the proposer’s financial and other records as they may relate to this procurement.


16.  The City owns all information submitted to it in proposals under this RFP.


Proposal Format


1.     A cover letter on stationary letterhead containing:

1.1.   A statement that the proposal is submitted in response to RFP #2015-City-SB-01.

1.2.   A statement indicating which individual (include name, title, address, phone number, and email address) is authorized to negotiate and contract with the City on behalf of the organization.

1.3.   A statement that the proposal is not the result of, or affected by, any act of collusion with another person (under Code of Virginia § 59.1-68.6 et seq.) engaged in the same line

of business or commerce, or any act of fraud punishable under Article 1.1 of the Virginia

Governmental Frauds Act (Code of Virginia § 18.2-498.1 et seq.).

1.4.   The signature of the person listed in #1.2.


2.    A table of contents for the proposal.


3.    A detailed description of the proposal being made, including:

3.1.   A brief synopsis of your understanding of the City’s needs and how you plan to meet those needs. This must provide a broad understanding of the entire proposal;

3.2.  Itemized (as much as possible) costs for each aspect of the scope of work;

3.3.  A narrative description of the proposed plan;

3.4.  A detailed project schedule or milestones;

3.5.  Explanation of any assumptions and constraints; and

3.6.  Identification of any additional services proposed.


4.    A statement of experience, including:

4.1.        Proposer’s full legal name (e.g. Fiber Company, LLC) and place of incorporation.

4.2.        Proposer’s federal tax identification number.

4.3.        The number of years proposer has been in business under its current name, previous business names, and a short history of the organization.

4.4.        A statement that the proposer has the capacity to meet the scope of work.  Include an executive summary highlighting the qualifications of the proposer.


5.    Describe all proposed subcontracting activities. Includes the full legal name and address of all subcontractors, the type of work to be performed, and the percentage of the total work they will perform.

6.    Submit evidence of ability to obtain insurance in the amounts and coverages required by the legal terms of the contract.


7.    You must list ALL costs to the City in your proposal. The City will not pay any costs not specifically listed and adequately described.


8.    Provide this additional information:

8.1.   Describe any exceptions to the City’s requirements or clarifications to the requirements.

8.2.  State the case name and number, court, and give a general summary of any litigation pending or judgment rendered within the past 5 years against proposer or any of its previous legal entities.

8.3.  State whether the proposer or any of its officers or managers (i) is currently under suspension,  debarment,  voluntary  exclusion,  or  determination  of  eligibility  by  any federal, state, or local agency, (ii) has been suspended, debarred, voluntarily excluded or determined ineligible by any agency within the past 5 years, (iii) has a proposed debarment  pending,  or  (iv)  has  been  indicted,  convicted,  or  has  a  civil  judgment rendered against it involving fraud or misconduct with the past 5 years.

8.4.  List any pending litigation in which proposer or any of its officers or managers is a

named party.



Proposal Evaluation and Selection


1.     All proposals will be initially evaluated to determine if they meet the following minimum requirements:

1.1.    The proposal must be complete, in the required format, and in compliance with all the requirements of this RFP.

1.2.   The proposal must meet the requirements of the scope of work.


2.    The City, will then use the following criteria to review and evaluate proposals:



Evaluation Matrix
Awardable Points

Conformance  of  the  proposed  solution  to  the  scope  of

Quality and ease-of-use of the proposed solution.
Suitability   of   the   proposer   to   provide   the   solution

(experience and qualifications)
Total proposed cost

3.    The City may ask additional questions of proposers.


4.    The City will select at least two top proposals, and negotiate with each of their proposers.

Price will be considered, but will not be the only factor.

or   reject   any   or   all   proposals,   waive   irregularities   and   technicalities,   and   request resubmission or additional information. The City is the sole judge of suitability of the proposals. The City’s decision is final.




Contract Terms


Authorization to do Business in Virginia. Contractor is authorized to do business in Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 of the Virginia Code. Contractor will not allow its existence to lapse or its certificate of authority or registration to do business in Virginia to be revoked or cancelled during the term of this contract.


Relation to City. Contractor is an independent contractor of the City. This contract does not create an employment relationship between the City and Contractor or any of its employees.


Modifications. This contract consists of the Request for Proposals  issued by the City (including these terms), the winning Proposal, the Notice of Award issued by the City, and any written change orders approved by the City. Modifications to this contract can only be authorized by approved written change order. Contractor must submit requests for change orders to the City. The City will respond to requests promptly, in writing.


Freedom of Information Act. All records pertaining to this contract are open to inspection by the public under the Virginia Freedom of Information Act (Virginia Code § 2.2-3700 et. seq) unless specifically  exempted  under  the  Act  (including  records  properly  exempted  under  Code  of Virginia § 2.2-4342).


Audit. Contractor will retain all records related to this contract for 5 years after final payment or until audited by the City, whichever comes first. The City may inspect these records upon reasonable notice to Contractor.


Ethics in Public Contracting. Contractor certifies that its offer is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other offer, or supplier, manufacturer, or subcontractor and that it has not conferred on any public employee having official responsibility for this purchase any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.


Non-Discrimination. 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. Contractor  will  post  in  conspicuous  places,  available  to  employees  and  applicants  for employment, notices stating the terms of this section.


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


Notices,  advertisements,  and  solicitations  placed  in  accordance  with  federal  law,  rule,  or regulation are sufficient for the purposes of this section.

$10,000, so that the terms will be binding upon each subcontractor and vendor.


Immigration. Contractor does not, and will not during the performance of this contract, knowingly employ an unauthorized alien as defined in federal Immigration Reform and Control Act of



Drug-Free Workplace. 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 Contractor’s  workplace  and  specifying  the  actions  that will  be  taken against employees  for violating that prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace; and (iv) include the terms of this section in every subcontract or purchase order of over $10,000, so that the terms will be binding upon each subcontractor and vendor.


Payments. Contractor must provide its federal employer identification number to the City before requesting payment. Contractor will submit invoices, with appropriate documentation, to the City. The City will pay invoices within 30 days. Any invoice not paid within 30 days will accrue

1% interest per month.


Non-appropriation. All funds for payments after June 30 of the current fiscal year are subject to appropriation by the City Council. If Council does not appropriate the required funds, the City will terminate this contract on June 30 of the then-current fiscal year.


Subcontractors. Within 7 days after receipt of payment by the City for work performed by a subcontractor, Contractor shall a) pay the subcontractor for the proportionate share of the total payment received from the City attributable to the subcontractor’s work, or b) notify the City and the subcontractor, in writing, of Contractor’s intention to withhold payment and the reason for withholding the payment.


Contractor will pay interest of 1% per month to subcontractors on all amounts owed to the subcontractors which has not been paid or withheld under the terms of the preceding paragraph.


Contractor must require individual subcontractors to provide their social security numbers, and proprietorship, partnership, and corporate subcontractors to provide their federal employee identification numbers. Contractor will provide this information to the City upon request.


Contractor must require subcontractors to include the terms of this section in all contracts with other subcontractors.


Indemnification. Contractor will save, defend, hold harmless, and indemnify the City, and all of its elected and appointed officials, officers, employees, agents, departments, agencies, boards, and commissions from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including  court  costs  and  attorney’s  fees),  charges,  liability,  or  exposure,  however  caused, resulting from, arising out of, or in any way connected with Contractor’s negligent acts, errors or omissions, recklessness or intentionally wrongful conduct of the Contractor in performance or nonperformance of its work under the contract. This indemnification survives the termination of the contract.

Insurance. Contractor and any subcontractors will maintain the following insurance coverage during the entire term of the contract. Contractor will provide copies of its Certificates of Insurance to the City.


a.    Workers’ Compensation—as required by law. b.   Employer’s Liability–$100,000.

c.    Commercial General Liability–$1,000,000 per occurrence. The City must be named as an additional insured on this policy.


Assignment.  Contractor will not assign or otherwise transfer any of its  rights,  obligations,  or interests in this contract without the written permission of the City.


Choice of   Law, Venue.  This contract is governed by Virginia law.  The Circuit Court of

Fredericksburg, Virginia is the exclusive venue for any litigation regarding this contract.


Claims. Contractor must notify the City in writing of its intention to file a claim at the time of the occurrence or beginning of the work upon which the claim is based. All claims must be submitted less than 60 days after the final contract payment


Dispute Resolution. The parties shall first endeavor to resolve any disputes, claims, or other matters in question between them through direct negotiations, and if direct negotiations fail, by non- binding   mediation,   with   the   exclusive   venue   of   the   mediation   being   the   City   of Fredericksburg.  Should the dispute remain unresolved either (i) following negotiation and mediation, or (ii) more than 90 days after a party has requested mediation, either party may institute a lawsuit or chancery action, as appropriate, in Fredericksburg Circuit Court, and may pursue all available appeals in Virginia state courts, to the extent they have jurisdiction.  Any agreement reached in mediation must be reduced to writing and executed by the parties; upon execution, the agreement will be enforceable as a settlement agreement.


Default. The City is in default 1) if it fails to pay any amount due to Contractor; or 2) upon any other material failure to comply with the terms of the contract. Contractor is in default upon any material failure to comply with the terms of the contract.


A party alleging that the other party is in default must provide the allegedly defaulting party with written notice specifying the alleged default and allow 30 days for the default to be cured.


Remedies. If the City does not cure a default after receiving notice, Contractor may a) terminate this contract, and b) exercise all remedies available at law. If Contractor does not cure a default after receiving notice, the City may a) terminate the contract, b) exercise all remedies available at law.


Termination. The City and the Lessor will negotiate mutually agreeable termination provisions which will be included in the lease agreement between the parties.

Notices. Any notices pertaining to this contract must be sent by first-class mail to:


To the School Board:

Director of Administrative Services

Fredericksburg City Public Schools

817 Princess Anne Street

Fredericksburg, Virginia 22401


To the Contractor:

The address listed on Contractor’s Proposal or Bid. Contractor may change its address for notices by

notifying the City in writing of the change.


Severability. If a court declares any part of this contract to be invalid, void, or unenforceable, the rest of the contract remains in effect.


Strict Performance. The failure of a party to insist upon the other party’s strict performance of the terms of the contract is not a waiver of the right to insist upon strict performance of those terms at a later time.

This expires on Wednesday, September 30th, 2015 5:00pm