PUBLIC-PRIVATE PARTNERSHIPS

Richmond, Va., City Code ch. 21, art. IX

in effect

Richmond, Va., City Code § 21-304 Purpose; definitions; application.

Sec. 21-304. - Purpose; definitions; application. (a) Purpose. This article establishes procedures for the implementation by the City of the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), and the Public-Private Education Facilities and Infrastructure Act of 2002, codified in Code of Virginia, Title 56, Ch. 22.1 (Code of Virginia, § 56-575.1 et seq.). Pursuant to State law, this article allows the City to create public-private partnerships for the development of a wide range of projects for public use if the City determines that: (1) There is a need for the project; and (2) Private involvement may provide the project to the public in a timely or cost-effective fashion. (b) Definitions. Terms used in this article shall have the meanings ascribed to them by Code of Virginia, § 33.2-1800 or 56-575.1 or Section 21-4, unless the context clearly indicates a different meaning. The term "project" or "qualifying project," as used in this article, shall also refer to qualifying transportation facilities, unless the context clearly indicates a different meaning. (c) Application. This article applies only to projects defined as "qualifying transportation facilities" under Code of Virginia, § 33.2-1800 or "qualifying projects" under Code of Virginia, § 56-575.1. Such projects include the following: (1) Any education facility, including, but not limited to, a school building, any functionally related and subordinate facility and land to a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (2) Any building or facility for principal use by any public entity; (3) Any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (4) Utility and telecommunications and other communications infrastructure; (5) A recreational facility; (6) Technology infrastructure, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; or (7) Any road, bridge, tunnel, overpass, ferry, airport, mass transit facility, vehicle parking facility, port facility or similar commercial facility used for the transportation of persons or goods, together with any other property that is needed to operate the transportation facility, acquired, constructed, improved, maintained and/or operated by a private entity pursuant to the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.). Nothing in this article shall be interpreted or construed to affect the City's duty to comply with any other applicable law not in conflict with the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), or the Public-Private Education Facilities and Infrastructure Act of 2002, codified in Code of Virginia, Title 56, Ch. 22.1 (Code of Virginia, § 56-575.1 et seq.). (d) Cooperative process. This subsection acknowledges that some projects may involve more than one responsible public entity and that the City may learn of its status as a responsible public entity for a project after proposals have been submitted to or a process already begun by another responsible public entity for that project. Notwithstanding any provision of this article to the contrary, the City may, at its sole discretion, when it determines that it is one of multiple responsible public entities for a project, enter into a cooperative process with other responsible public entities for that project using procedures adopted by another responsible public entity pursuant to applicable State law. The City may enter into such a cooperative process for a project at any phase in the other responsible public entity's process only if: (1) A review committee convened pursuant to Section 21-305(f) determines in writing that: a. The City is one of multiple responsible public entities for a project; b. The process the City seeks to join and the procedures governing that process comply with applicable State law; and c. It is in the best interests of the City to join in a cooperative process with one or more other responsible public entities for that project; (2) The other responsible public entity agrees to allow the City to participate fully as a responsible public entity in such process; (3) All proposers for that project provide the City with a copy of all documents and other information they have submitted to the other responsible public entity; and (4) The proposer pays to the City all proposal review fees that Section 21-307(b) would require the proposer to pay if the proposer had initially submitted his proposal to the City. (Code 1993, § 22.1-170; Code 2004, § 74-401; Code 2015, § 21-304; Code 2020, § 21-304; Ord. No. 2004-27-41, § 1, 2-23-2004)

Richmond, Va., City Code § 21-305 Proposal submission—Generally.

Sec. 21-305. - Proposal submission—Generally. (a) In general. Proposals may be either solicited by the City or submitted to the City by a private entity on an unsolicited basis. In general, proposals should provide a concise description of the proposer's capabilities to complete the proposed qualifying project and the benefits to be derived from the project by the City. The City will consider project benefits occurring during the construction, renovation, expansion or improvement phase and during the lifecycle of the project. Each proposal shall identify specifically or conceptually any facility, building, infrastructure or improvement included in that proposal as part of a qualifying project. Proposals also shall include a comprehensive scope of work and a financial plan for the project, containing enough detail to allow an analysis by the City of the financial feasibility of the proposed project, including, but not limited to: (1) The identity of any parties expected to provide financing for the project; and (2) A statement indicating whether the proposer intends to request that the City provide resources for financing the project and the nature and extent of any such resources. (b) Receipt of proposals; clarifications. All proposals, whether solicited or unsolicited, shall be submitted to the Director of Procurement Services. Each proposal submitted under this article shall be clearly identified as a "PPEA proposal." Further, the City may require that any proposal be clarified. Such clarification may include, but need not be limited to: (1) Submission of additional documentation; (2) Responses to specific questions; and (3) Interviews with potential project participants. (c) Affected local jurisdictions. Any private entity requesting approval from or submitting a conceptual or detailed proposal to the City shall provide each affected local jurisdiction with a copy of the private entity's request for proposal by certified mail, express delivery or hand delivery. Affected local jurisdictions other than the City shall have 60 calendar days from the receipt of the request for proposal to submit written comments to the City and to indicate whether the proposed qualifying project is compatible with that affected local jurisdiction's: (1) Local comprehensive plan; (2) Local infrastructure development plans; or (3) Capital improvements budget or other government spending plan. Comments received within the 60-day period shall be given consideration by the City, and no negative inference shall be drawn from the absence of comment by an affected local jurisdiction. (d) Commitment to minority business opportunities. The City is committed to providing contracting and subcontracting opportunities for minority business enterprises. It is the policy of the City that: (1) This article shall not be used to circumvent other provisions of this chapter relating to participation by minority business enterprises in City projects; and (2) All criteria set forth in this chapter related to participation by minority business enterprises in City projects be applied fully to all proposals, solicited or unsolicited, received by the City pursuant to this article. (e) Two-phase process. The City shall require proposers to follow a two-part proposal submission process consisting of a conceptual phase and a detailed phase. The conceptual phase proposal shall contain specified information on proposer qualifications and experience, project characteristics, project financing, anticipated public support or opposition, or both, and project benefit and compatibility. The detailed phase proposal shall contain specified deliverables. (f) Review committee. A review committee shall review all proposals, whether solicited or unsolicited, received pursuant to this article. At a minimum, the review committee shall consist of: (1) The Director of Procurement Services or a designee thereof; (2) A representative of the Office of Minority Business Development; (3) A representative of each department or other agency of the City affected by the proposal; and (4) A person selected by the City Council to represent it. The review committee may include such other members as it deems essential to the review of the proposal, including external consultants. (g) Freedom of information; confidential proprietary information. (1) In general. Proposal documents submitted by private entities are subject to the Virginia Freedom of Information Act, Code of Virginia, § 2.2-3700 et seq. The City shall release those documents if requested as required by that Act, except to the extent that they relate to: a. Confidential proprietary information submitted to the City under a promise of confidentiality; or b. Memoranda, working papers or other records related to proposals if making public such records would adversely affect the financial interest of the City or the private entity or the bargaining position of either party. Once a comprehensive agreement has been entered into, and the process of bargaining of all phases or aspects of the comprehensive agreement is complete, the City shall make available, upon request, procurement records in accordance with Section 21-5. (2) Invocation of exclusion from disclosure requirement. a. When the private entity requests that the City not disclose information, the private entity must: 1. Invoke the exclusion when the data or materials are submitted to the City; 2. Identify the data and materials for which protection from disclosure is sought; and 3. State why the exclusion from disclosure is necessary. b. A private entity may request and receive a determination from the City as to the anticipated scope of protection prior to submitting the proposal. The City is authorized and obligated to protect only confidential proprietary information, and thus will not protect any portion of a proposal from disclosure if the entire proposal has been designated confidential by the proposer without reasonably differentiating between the proprietary and nonproprietary information contained therein. (3) Advance determination of exclusion from disclosure requirement. Upon receipt of a request that designated portions of a proposal be protected from disclosure as confidential and proprietary, the City shall determine whether such protection is appropriate under applicable law and, if appropriate, the scope of such protection, and shall communicate its determination to the proposer. If the determination regarding protection or the scope thereof differs from the proposer's request, then the City shall accord the proposer a reasonable opportunity to clarify and justify its request. Upon a final determination by the City to accord less protection than requested by the proposer, the proposer shall be accorded an opportunity to withdraw its proposal. A proposal so withdrawn shall be treated in the same manner as a proposal not accepted for publication and conceptual phase consideration as provided in Section 21-307(c). (Code 1993, § 22.1-171; Code 2004, § 74-402; Code 2015, § 21-305; Code 2020, § 21-305; Ord. No. 2004-27-41, § 1, 2-23-2004; Ord. No. 2006-134-105, § 1, 5-8-2006; Ord. No. 2011-159-2012-163, § 1, 10-8-2012)

Richmond, Va., City Code § 21-306 Proposal submission—Solicited proposals.

Sec. 21-306. - Proposal submission—Solicited proposals. (a) In general. The City may solicit bids or proposals from private entities to acquire, construct, improve, renovate, expand, maintain, operate, implement or install qualifying projects or to design or equip projects so constructed, improved, renovated, expanded, maintained, operated, implemented or installed. The City may schedule and hold pre-bid or pre-proposal conferences as it deems appropriate. (b) Methods of solicitation. When proceeding under this article, the City shall use competitive sealed bidding as defined in Section 21-4 to procure a comprehensive agreement concerning a qualifying project. However, the City may use competitive negotiation as defined in Section 21-4 and as outlined for the procurement of nonprofessional services in Article II of this chapter to procure a comprehensive agreement concerning a qualifying project if the Director determines in writing, stating the reasons for the determination, that the use of competitive negotiation is likely to be advantageous to the City and the public, based on: (1) The probable scope, complexity or urgency of the project; or (2) Risk sharing, added value, an increase in funding or economic benefit from the project that would not otherwise be available. (c) Contents of solicitation. The solicitation may invite bidders or offerors to submit bids or proposals on individual projects identified by the City. The City shall set forth in the solicitation the format and supporting information required to be submitted. The solicitation shall contain or incorporate by reference the applicable terms and conditions, including any unique capabilities or qualifications that will be required of the private entities submitting proposals. (d) Public notice. The City shall post, publish and otherwise advertise the solicitation as required by this chapter and in the manner in which the City customarily posts, publishes and advertises its invitations to bid or requests for proposals. (Code 1993, § 22.1-172; Code 2004, § 74-403; Code 2015, § 21-306; Code 2020, § 21-306; Ord. No. 2004-27-41, § 1, 2-23-2004)

Richmond, Va., City Code § 21-307 Proposal submission—Unsolicited proposals.

Sec. 21-307. - Proposal submission—Unsolicited proposals. (a) In general. The City may receive, evaluate and select for negotiations unsolicited proposals from private entities to acquire, construct, improve, renovate, expand, maintain, operate, implement or install a qualifying project or to design or equip projects so constructed, improved, renovated, expanded, maintained, operated, implemented or installed. The City may publicize its needs and may encourage interested parties to submit proposals subject to the terms and conditions of this article and the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), or the Public-Private Education Facilities and Infrastructure Act of 2002, codified in Code of Virginia, Title 56, Ch. 22.1 (Code of Virginia, § 56-575.1 et seq.), as applicable. Any proposal submitted pursuant to this article that is not received in response to an invitation for bids or a request for proposals shall be treated as an unsolicited proposal under this article. Such unsolicited proposals include, but are by no means limited to: (1) Proposals received in response to a notice of the prior receipt of another unsolicited proposal as provided for in Subsection (d) of this section; and (2) Proposals received in response to publicity by the City concerning particular needs when the City has not issued a corresponding invitation for bids or request for proposals, even if the City otherwise has encouraged the submission of proposals pursuant to this article that address those needs. (b) Proposal review fee. (1) In general. The City may seek the advice of internal staff or outside advisors or consultants with relevant experience in determining whether to enter into a comprehensive agreement with a private entity as the result of an unsolicited proposal. The City may charge a fee to the private entity submitting any unsolicited proposal or competing unsolicited proposal to cover the costs of processing, reviewing, and evaluating that unsolicited proposal or competing unsolicited proposal submitted under this article and the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), or the Public-Private Education Facilities and Infrastructure Act of 2002, codified in Code of Virginia, Title 56, Ch. 22.1 (Code of Virginia, § 56-575.1 et seq.), including a fee to cover the costs of outside attorneys, consultants and financial advisors. (2) Fee to be reasonable. Any fee charged for such review of a proposal shall be reasonable in comparison to the level of expertise required to review the proposal, shall generally be in the amount necessary to cover all of the City's costs and shall not be greater than the direct costs associated with evaluating the proposed qualifying project. Direct costs may include the: a. Cost of staff time, including overhead; b. Cost of any materials, supplies or other resources; and c. Out-of-pocket costs of attorneys, financial advisors, and other advisors or consultants expended by the City, in its sole discretion, to assist in processing, evaluating, reviewing and responding to the proposal. (3) Calculation of fee. The City may charge the proposal review fee in two parts. The first part of the proposal review fee shall be in the amount of 2½ percent of the value of the qualifying project under the submitted proposal, except that, notwithstanding the preceding, this initial fee shall be no less than $2,500.00 and no more than $50,000.00, and shall be included by the private entity as part of its submitted proposal. The second part of the proposal review fee shall consist of the remaining direct costs not covered by the first part of the proposal review fee and shall be imposed by the City throughout the processing, review and evaluation of the proposal if and as the City reasonably anticipates incurring costs in excess of the first part of the proposal review fee. The City shall notify the proposer of the amount of such additional direct costs as and when it anticipates incurring such costs. Prompt payment of such costs shall be required before the City will continue to process, review and evaluate the proposal. (4) Refund of all or part of fee. The City shall refund all fees submitted by a private entity in connection with an unsolicited proposal if the City decides not to proceed to publication and conceptual phase review of the unsolicited proposal. The City shall refund any portion of fees paid in excess of its direct costs associated with evaluating a proposal. In the event the City chooses to consider more than one proposal in the detailed phase of review, the City shall not refund the fees paid by an unsuccessful proposer for costs incurred during the detailed phase of review. (c) Decision to accept and consider unsolicited proposal. Upon receipt of any unsolicited proposal or group of proposals and payment of any required fee by the proposer or proposers, the City, in its sole discretion, shall determine whether to accept the unsolicited proposal for publication and conceptual phase consideration. If the City, in its sole discretion, determines not to accept the proposal and proceed to publication and conceptual phase consideration, it will return the proposal, together with all fees and accompanying documentation, to the proposer. The City may reject or discontinue its evaluation of any proposal at any time. Further, if the City determines that it is in the City's interest to do so with respect to any unsolicited proposal, the City may eliminate review at the conceptual stage and proceed directly to a review at the detailed stage. (d) Public notice of receipt of unsolicited proposal. (1) If the City chooses to accept an unsolicited proposal for conceptual phase consideration, it shall post a notice in a public area regularly used by the City for posting of public notices for a period of not less than 45 calendar days. The City shall also publish the same notice in the Virginia Business Opportunities publication and in one or more newspapers or periodicals of general circulation in the City to notify any parties that may be interested in submitting competing unsolicited proposals. In addition, the notice may be advertised in such other publications as the Director may deem advantageous to the City. Such notice shall be so posted and published as to allow for a reasonable period determined by the Director to be appropriate to encourage competition and public-private partnerships pursuant to the goals of this article, such period not to be less than 45 calendar days, during which the City will receive competing proposals pursuant to this article and the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), or the Public-Private Education Facilities and Infrastructure Act of 2002, codified in Code of Virginia, Title 56, Ch. 22.1 (Code of Virginia, § 56-575.1 et seq.), as applicable. The notice shall state that the City: a. Has received and accepted an unsolicited proposal under the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), or the Public-Private Education Facilities and Infrastructure Act of 2002, codified in Code of Virginia, Title 56, Ch. 22.1 (Code of Virginia, § 56-575.1 et seq.), as applicable; b. Intends to evaluate the proposal; c. May negotiate a comprehensive agreement with the proposer based on the proposal; and d. Will accept for simultaneous consideration any competing proposals that comply with this article and the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), or the Public-Private Education Facilities and Infrastructure Act of 2002, codified in Code of Virginia, Title 56, Ch. 22.1 (Code of Virginia, § 56-575.1 et seq.), as applicable. (2) The notice also shall summarize the proposed qualifying project or projects and identify their proposed location or locations. Copies of unsolicited proposals shall be available upon request, subject to the provisions of: a. Section 21-5; b. The Virginia Freedom of Information Act, codified in Code of Virginia, Title 2.2, Ch. 37 (Code of Virginia, § 2.2-3700 et seq.); and c. Code of Virginia, § 56-575.4(G). During the 45-calendar-day period for receiving competing unsolicited proposals, the City may continue to evaluate the original unsolicited proposal. (Code 1993, § 22.1-173; Code 2004, § 74-404; Code 2015, § 21-307; Code 2020, § 21-307; Ord. No. 2004-27-41, § 1, 2-23-2004)

Richmond, Va., City Code § 21-308 Proposal submission—Format of proposals.

Sec. 21-308. - Proposal submission—Format of proposals. (a) Conceptual phase proposals. At a minimum, conceptual phase proposals shall contain information in the following areas: (1) Qualification and experience. Proposals shall: a. Identify the legal structure of the firm or consortium of firms making the proposal and identify the organizational structure for the project, the management approach and how each partner and major subcontractor in the structure fits into the overall team. b. Describe the experience of the firm or consortium of firms making the proposal and the key principals involved in the proposed project, including experience with projects of comparable size and complexity, and describe the length of time in business, business experience, public sector experience and other engagements of the firm or consortium of firms. c. Provide the names, addresses, and telephone numbers of persons within the firm or consortium of firms who may be contacted for further information. d. Provide a current or most recently audited financial statement of the firm or firms and each partner with an equity interest of 20 percent or greater. (2) Project characteristics. Proposals shall: a. Provide a description of the project, including the conceptual design and, for transportation facilities, all proposed interconnections with other transportation facilities; describe the proposed project in sufficient detail so that type and intent of the project, the location, and the communities that may be affected are clearly identified; and describe all assumptions used in developing the project. b. Identify and fully describe any work to be performed by the City. c. Include a list of all Federal, State and local permits and approvals required for the project and a schedule for obtaining such permits and approvals, and identify any permits, approvals or other rights that the City is to obtain, including, but not limited to, rights from railroads. d. Identify any anticipated adverse social, economic and environmental impacts of the project and specify the strategies or actions to mitigate known impacts of the project. e. Identify the projected positive social, economic and environmental impacts of the project. f. Identify the proposed schedule for the work on the project, including the estimated time for completion. g. Propose allocation of risk and liability for work completed beyond the agreement's completion date, and assurances for timely completion of the project. h. State assumptions related to ownership, legal liability, law enforcement and operation of the project. i. Provide information relative to phased or partial openings of the proposed project prior to completion of the entire work. (3) Project financing. Proposals shall: a. Provide preliminary estimate and estimating methodology of the cost of the work by phase, segment, or both. b. Submit a plan for the development, financing and operation of the project showing the anticipated schedule on which funds will be required and describe proposed sources and uses for such funds. c. Include a list and discussion of assumptions underlying all major elements of the plan. d. Identify the proposed risk factors and methods for dealing with these factors. e. Identify any local, State or Federal resources that the proposer contemplates requesting for the project and describe the total commitment, if any, expected from governmental sources and the timing of any anticipated commitment. (4) Project benefit and compatibility. Proposals shall: a. Identify who will benefit from the project, how they will benefit and how the project will benefit the City, the overall community, region, or State. b. Identify any anticipated public support or opposition, as well as any anticipated government support or opposition, for the project. c. Explain the strategy and plans that will be carried out to involve and inform the general public, business community, and governmental agencies in areas affected by the project. d. Describe in detail the proposer's proposed commitments to facilitate participation by minority business enterprises in the project and identify joint ventures and subcontractors. e. Describe the anticipated significant benefits to the City, the community, region or State including anticipated benefits to the economic condition of the City and whether the project is critical to attracting or maintaining competitive industries and businesses to the City or the surrounding region. f. Describe the project's compatibility with the City's local comprehensive plan, local infrastructure development plans, local and Statewide transportation plans, and the City's capital improvement program budget or other applicable government spending plans. (b) Detailed phase proposals. If the City decides to proceed to the detailed phase of review with one or more proposals, the following information shall be provided by the private entity which submitted such proposal, unless waived by the City in writing: (1) A topographical map (1:2,000 or other appropriate scale) depicting the location of the proposed project. (2) A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of the plans of the proposer to accommodate such crossings. (3) A statement setting out the plans for securing all necessary property. The statement must include the names and addresses, if known, of the current owners of the subject property as well as a list of any property the proposer intends to request the City to condemn. (4) A detailed listing of all firms that will provide specific design, construction and completion guarantees and warranties and a brief description of such guarantees and warranties. (5) A total life-cycle cost specifying methodology and assumptions of the project or projects and the proposed project start date. The life-cycle cost analysis shall include anticipated commitment of all parties; equity, debt, and other financing mechanisms; and a schedule of project revenues and project costs. The life-cycle cost analysis shall include a detailed analysis of the projected return, rate of return, or both. (6) A detailed discussion of assumptions about user fees or rates, and usage of the projects and, for transportation facilities, a detailed discussion of toll rates and traffic forecasts and assumptions. (7) Identification of any known government support or opposition, or general public support or opposition for the project. Government or public support may be demonstrated through resolution of official bodies, minutes of meetings, letters, or other official communications. (8) Demonstration of consistency with the appropriate City's local comprehensive, transportation or infrastructure development plans or indication of the steps required for acceptance into such plans. (9) Explanation of how the proposed project would impact local development plans of the City and each affected local jurisdiction. (10) Identification of any known conflicts of interest or other disabilities that may affect the City's consideration of the proposal. (11) Such additional material and information as the City may reasonably request. (Code 1993, § 22.1-174; Code 2004, § 74-405; Code 2015, § 21-308; Code 2020, § 21-308; Ord. No. 2004-27-41, § 1, 2-23-2004)

Richmond, Va., City Code § 21-309 Proposal review—Conceptual phase.

Sec. 21-309. - Proposal review—Conceptual phase. (a) Requirements for initial review. Only proposals complying with the requirements of this article and the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), or the Public-Private Education Facilities and Infrastructure Act of 2002, codified in Code of Virginia, Title 56, Ch. 22.1 (Code of Virginia, § 56-575.1 et seq.), as applicable, which contain sufficient information for a meaningful evaluation and that are provided in an appropriate format as set forth in Section 21-308(a) will be considered by the City for further review in the conceptual phase. (b) Determination of method of procurement. For unsolicited proposals, the City shall determine in the conceptual phase review under what method of procurement it will proceed to procure a comprehensive agreement using the criteria set forth in Section 21-306(b). (c) Result of review. (1) After reviewing the original proposal and any competing proposals submitted during the notice period, the City may determine: a. Not to proceed further with any proposal; b. To proceed to the detailed phase of review with the original proposal; c. To proceed to the detailed phase with a competing proposal; or d. To proceed to the detailed phase with multiple proposals. (2) The City shall have the right to reject any proposal at any time for any reason whatsoever. No action or other recourse shall lie against the City or its officers, employees, agents or volunteers for any such rejection. (Code 1993, § 22.1-175; Code 2004, § 74-406; Code 2015, § 21-309; Code 2020, § 21-309; Ord. No. 2004-27-41, § 1, 2-23-2004)

Richmond, Va., City Code § 21-310 Proposal review—Evaluation and selection.

Sec. 21-310. - Proposal review—Evaluation and selection. In evaluating and selecting proposals submitted pursuant to this article, the City shall consider the following: (1) Qualifications and experience. The City shall consider the following factors in determining whether the proposer possesses the requisite qualifications and experience: a. Experience with similar infrastructure projects; b. Demonstration of ability to perform work; c. Leadership structure; d. Project manager's experience; e. Management approach; f. Financial condition; and g. Project ownership. (2) Project characteristics. The City shall consider the following factors in evaluating the project characteristics: a. Project definition; b. Proposed project schedule; c. Operation of the project; d. Technology; technical feasibility; e. Conformity to laws, regulations, and standards; f. Environmental impacts; g. Federal, State and local permits; and h. Maintenance of the project. (3) Project financing. The City shall consider the following factors in determining whether the proposed project financing allows adequate access to the necessary capital to finance the project: a. Cost and cost benefit to the City; b. Financing and the impact on the debt or debt burden of the City; c. Financial plan; d. Estimated cost; and e. Life-cycle cost analysis. (4) Project benefit and compatibility. The City shall consider the following factors in determining the proposed project's compatibility with the appropriate local or regional comprehensive or development plans: a. City and community benefits; b. City and community support or opposition, or both; c. Public involvement strategy; d. Commitment to facilitate participation by minority business enterprises in the project; e. Use of transparent competitive procurement policies adequate to maximize competitive bidding opportunities for potential subcontractors and suppliers; f. Compatibility with applicable comprehensive, transportation and other governmental plans; g. Compatibility with existing City facilities; and h. Compatibility with City, local, regional, and State economic development efforts. (5) Approval of transportation facilities. The City shall not approve any transportation facility unless it determines that the transportation facility serves the public purpose of the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), by meeting the requirements of Code of Virginia, § 33.2-1803(C). (Code 1993, § 22.1-176; Code 2004, § 74-407; Code 2015, § 21-310; Code 2020, § 21-310; Ord. No. 2004-27-41, § 1, 2-23-2004)

Richmond, Va., City Code § 21-311 Comprehensive agreement.

Sec. 21-311. - Comprehensive agreement. (a) In general. Prior to acquiring, designing, constructing, improving, renovating, expanding, equipping, maintaining, or operating the qualifying project, the selected proposer shall enter into a comprehensive agreement with the City. The City's review committee will be responsible for negotiating the comprehensive agreement. Each comprehensive agreement shall define the rights and obligations of the City and the selected proposer with regard to the project. (b) Terms and conditions. The terms and conditions of the comprehensive agreement shall include, but shall not be limited to: (1) The delivery of maintenance, performance and payment bonds or letters of credit in connection with the acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project, in the forms and amounts satisfactory to the City. (2) The review of plans and specifications for the qualifying project by the City and approval by the City if the plans and specifications conform to standards acceptable to the City. (3) The rights of the City to inspect the qualifying project to ensure that the operator's activities are acceptable to the City in accordance with the provisions of the comprehensive agreement. (4) The maintenance of a policy or policies of liability insurance or self-insurance, copies of which shall be filed with the City accompanied by proofs of coverage, in form and amount satisfactory to the City and reasonably sufficient to insure coverage of the project and the tort liability to the public and employees and to enable the continued operation of the qualifying project. (5) The monitoring of the practices of the operator by the City to ensure that the qualifying project is properly maintained. (6) The terms under which the operator will reimburse the City for services provided by the City. (7) The terms under which the operator will file appropriate financial statements on a periodic basis. (8) The policies and procedures that will govern the rights and responsibilities of the City and the operator in the event that the comprehensive agreement is terminated or there is a material default by the operator, including the conditions governing assumption of the duties and responsibilities of the operator by the City and the transfer or purchase of property or other interests of the operator by the City. (9) The mechanism by which user fees, lease payments, or service payments, if any, may be established from time to time upon agreement of the parties. Any payments or fees shall be set at a level that are the same for persons using the facility under like conditions and that will not materially discourage use for the qualifying project. Provisions for the following shall also be included: a. A copy of any service contract shall be filed with the City. b. A schedule of the current user fees or lease payments shall be made available by the operator to any member of the public upon request. c. Classifications according to reasonable categories for assessment of user fees may be made. (10) The terms and conditions under which the City may contribute financial or in-kind resources, if any, for the qualifying project. (11) Other provisions that the Public-Private Transportation Act of 1995, codified in Code of Virginia, Title 33.2, Ch. 18 (Code of Virginia, § 33.2-1800 et seq.), or the Public-Private Education Facilities and Infrastructure Act of 2002, codified in Code of Virginia, Title 56, Ch. 22.1 (Code of Virginia, § 56-575.1 et seq.), may require or that the City may deem necessary. (c) Use of public funds. All constitutional and statutory requirements applicable to the appropriation and expenditure of public funds apply to any comprehensive agreement entered into under this article. The processes and procedural requirements associated with the expenditure or obligation of public funds shall be incorporated into any comprehensive agreement into which the City enters. (Code 1993, § 22.1-177; Code 2004, § 74-408; Code 2015, § 21-311; Code 2020, § 21-311; Ord. No. 2004-27-41, § 1, 2-23-2004)

Source: City of Richmond, Virginia, Code (2026 recodification) and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=PTIICICO_CH21PUPR_ARTIXPUIVPAFetched: 11/8/2026