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RFP 2026-01, Courthouse Architectural and Engineering Services Page 1 of 10

REQUEST FOR PROPOSALS

Architectural and Engineering Services in Support of an Expanded and Renovated

Cumberland County Courthouse

RFP No: 2026-01 Date: May 15, 2026

County of Cumberland County Administrator’s Office

1 Courthouse Circle Cumberland, VA 23040

Phone: (804) 492-3578 Fax: (804) 492--9224

Sealed proposals, subject to the terms and conditions contained herein, will be received at the County Administrator’s

Office, 1st Floor, Courthouse Circle, Cumberland, Virginia, 23040, through the due date and hour shown below (local prevailing time), for furnishing the following described materials, and/or services, for delivery and/or performance in

Cumberland County, Virginia.

Scope of Services: To establish an agreement to provide Architectural and Engineering Services catered to the design of an expanded and renovated Cumberland County courthouse to include Architectural Services together with integrated and cooperating Civil, Mechanical, Electrical, and Structural Engineering Services, Landscape Architectural Services, Professional Surveying Services, and Construction Cost Estimating Services, as more fully defined herein. The County is interested in contracting with a full-service team led by a single architectural or engineering firm that can demonstrate an understanding of practice area expertise catered to local interests.

Proposals Due: Monday, June 29, 2026 by Close of Business, 4:30 p.m.

Contract Officer:

Jay Scudder, Interim County Administrator

ONE ORIGINAL, ONE DIGITAL, AND THREE COPIES OF YOUR SUBMITTAL IS REQUESTED

In compliance with this Request for Proposals, and subject to all the conditions thereof, the undersigned offers to furnish the materials/services requested and certifies he/she has read, understands, and agrees to all terms, conditions, and requirements of this proposal, and is authorized to contract on behalf of firm named below.

Company Name _______________________________________________________________________

Address: _____________________________________________________________________________

City/State/Zip: ________________________________________________________________________

Telephone: _________________FAX No.: ___________________E-mail: ________________________

SCC License No.__________________________

Federal Tax ID (or Social Security #):______________________________________________________

Print Name: _________________________________________Title: ____________________________

Signature: __________________________________________ Date: ____________________________

NOTICES:

Copies of the Proposal Documents may be obtained from the County website at www.cumberlandcounty.virginia.gov/bids.aspx

Inquiries regarding this solicitation are to be directed to Jennifer Crews, at jcrews@cumberlandcounty.virginia.gov http://www.cumberlandcounty.virginia.gov/bids.aspx mailto:admin@rappahannockcountyva.gov

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SCOPE OF SERVICES

General Overview and Background:

Cumberland County is a rural county with an estimated population of around 9,750. The population has remained relatively stable or slow growing. The Comprehensive Plan proposes a new renovated/re-purposed Combined Courts

Building located on the grounds of the existing Courthouse Complex. The goal is to utilize adequate facilities within the existing court structure and buildings within the municipal complex. An example could be the existing holding cells for prisoners. A renovated facility would allow divided access for the public and a secure access and parking for officers of the Courts. The redeveloped courthouse will accommodate Circuit Court, Clerk of Court, General District Court and

Clerk, Juvenile Court, Adult and Juvenile Probation, and the Commonwealth Attorney. The new development shall strive to retain the historic character of the original Court House constructed in 1818, continuing the Jeffersonian-Classical architecture. Our community has found that our court dockets are oftentimes centered around crimes perpetrated by individuals who reside within our community. A judicial review or case load study would need to be evaluated to project future growth. The Courthouse complex has had various upgrades and renovations over its lengthy life. The most recent renovation/expansion was conducted in 2002, designed by Mosley Architects. Those plans anticipated a future expansion and incorporated draft designs. A Facility Needs Assessment was initiated by the Board of Supervisors in 2023 and completed by HBA Architecture and Interior Design. The Cumberland County Board of Supervisors recognize the need to improve the function and safety of the current county courthouse. This effort is being done in respect of the need and interest of the court, but not as a result of any court order. The buildings that comprise the municipal office complex also need to be considered in the function and design of the Courts facility. The remaining space that once housed the courts offices needs to be renovated in order to accommodate municipal needs. There is also a desire to have a designated meeting room for the Board of Supervisors to conduct regular meetings.

The GENERAL objective of the Project is to expand on planning work completed to date by HBA, that was pursued under an annual services agreement. The work began in early 2021 and has continued through 2023 including preliminary space programming and building design concepts. The highlights of these efforts are chronicled on the county website: https://www.cumberlandcounty.virginia.gov/DocumentCenter/View/1126/Cumberland-Courthouse-

Needs-Assessment.

Notwithstanding the work leading up to the design concepts, while there is general concurrence that significant courthouse enhancements are necessary to satisfy courthouse functionality and safety best practices, the Board and community have not coalesced on a particular courthouse concept or what may be affordable, with opinions differing on what is really required to meet expectations and current court standards.

In addition to needing an improved courthouse, as mentioned above, the Board has expressed a desire to provide office space for county offices that are currently in the municipal complex buildings. These buildings, while connected are not totally connected with practical function. An example of this is the main municipal building that has to be entered by going outside and has an ADA ramp that was retrofitted to meet standards that serves little purpose. The municipal building could possibly be more interconnected for better access and function. Further, the Board and many of its committees and commissions currently hold public meetings in the courtroom (when it is not being used for judicial purposes). The Board recognizes that best practice for secure court facilities will not allow continued use of the courtroom for public meetings, when the current courthouse is renovated with an expansion, a separate space within the municipal complex would need to be retrofitted to support future public meetings within the municipal complex.

Succinctly, courthouse safety, capacity for today and the future, and universal accessibility are the main drivers for a successful design that must also fit with the historic character of the Cumberland Complexes including the courthouse of

1818 and its dependent historic structures. While preliminary discussions focused on the continued reliance the existing courtrooms, recent discussions with representatives from the court suggest that upgraded facilities should include a third circuit court room. Design work must proceed in concert with the Virginia Supreme Court, Courthouse Facility Guidelines including reliance on a Planning Oversight Committee.

Services provided should incorporate design methodologies to provide for appropriate and efficient construction sequences that make the best use of the community’s resources along with a reasonable and realistic schedule to allow for continuous operation of the current courthouse and adjacent county offices during construction.

https://www.cumberlandcounty.virginia.gov/DocumentCenter/View/1126/Cumberland-Courthouse-Needs-Assessment https://www.cumberlandcounty.virginia.gov/DocumentCenter/View/1126/Cumberland-Courthouse-Needs-Assessment https://www.vacourts.gov/courts/vacourtfacility/complete.pdf

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Desired Services:

The selected Consultant shall, as a cohesive team of design professionals, furnish all expertise, labor, and resources to provide the services necessary for this Project. At a minimum, the desired services shall include:

A. Planning/Programming:

1. Build on the current space needs assessment conducted by HBA Architecture and Interior Design.as well as other available background information including new building and expansion concepts.

2. Work collaboratively with a Planning Oversight Committee as envisioned by the Virginia Courthouse

Facility Guidelines.

3. Conduct necessary site surveys, topographic surveys and geotechnical analyses to validate concept feasibility.

4. Develop updated program and design concepts for consideration publicly by the Board including associated preliminary high level project construction cost estimates. Three dimensional renderings will be necessary to properly convey concept fit with the existing built environment.

5. Develop preliminary implementation plans consistent with presented concepts and identify efforts needed to ensure the continued availability of court facilities during construction including any related cost implications.

B. Design (upon selection of a desired concept by the Board):

1. Prepare design documents consistent with standard AIA design phases:

i. Refine selected concept and prepare Schematic Design Documents including site layout sketches highlighting how the proposed structure “fits” within the built environment and ties in with the existing county buildings and campus.

ii. Prepare Design Development Documents including preliminary site plans highlighting how the proposed structure “fits” within the built environment and ties in with the existing county buildings and campus.

iii. Prepare Construction Documents including a Project Manual based on AIA standard design-bid-build front end documents (modified by locality supplements). In addition to standard services:

1. Prepare a site plan suitable for county zoning and erosion/stormwater management approvals,

2. Prepare exhibits and plans for review by the county

3. Prepare building plans suitable for review by the building official to enable accelerated application by and issuance of permits to the eventual contractor.

2. For each iterative design step, produce increasingly detailed construction cost estimates including the use of a third-party construction cost estimation firm at the near-final construction document stage.

3. The historic preservation of existing buildings and compatibility of new construction (whether an expansion or a new building) with those buildings is important to the Board and community. Design efforts must recognize this importance and engage the stakeholders at appropriate stages of design.

Additionally, communicate with the Virginia Department of Historic Resources to ensure status on the National Register of Historic Places or Virginia Landmarks Register is not jeopardized.

4. Construction value is important to the Board and citizens of Cumberland County. Designs must focus on life-cycle costs as related to energy consumption and anticipated materials maintenance. For each iterative design step, identify available design choices for major building systems/components where short-term capital cost/long term operational cost tradeoffs exist.

5. Provide services to assist the owner with interior design including the selection of furniture, fixtures, and equipment (FF&E) and estimation of FF&E costs.

C. Bidding:

1. Provide bid phase services assisting County Administration staff with:

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i. Release of an Invitation to Bid,

ii. Review of received bids to determine that they are from responsive and responsible bidders,

iii. Value engineering if necessary, and

iv. Award of bid to lowest responsive and responsible bidder.

D. Construction Administration:

1. Provide typical construction phase services including:

i. Coordinating on-site meetings and inspections (including required third party special inspections),

ii. Responding to requests for information (RFIs),

iii. Reviewing and processing shop drawings and submittals,

iv. Reviewing materials test reports,

v. Processing change orders,

vi. Reviewing contractor’s applications for payment, and

vii. Recording changes to the contract documents.

2. Guide building commissioning by the contractor.

3. Assist owner and contractor with project close-out including finalization of as-built drawings.

E. Post-Construction:

1. Assist Owner coordinating FF&E delivery and installation.

2. Assist Owner with correction period/warranty needs and concerns.

SUBMITTAL REQUIREMENTS

One original, one digital, and three complete copies of a comprehensive and concise package (50 pages maximum) that is bound in one volume shall be provided to be considered responsive to the Request for Proposals. Should the offeror fail to provide responsive or complete documentation, as determined by the selection committee, the offeror’s proposal may be eliminated from further consideration. The following must be provided at a minimum:

A. Description of the offeror, and a statement of qualifications including an organizational chart. Provide supporting documentation relative to the offeror’s experience accomplishing work described in the Scope of Services. Names and qualifications of personnel likely to be assigned to the project tasks under this work.

B. Supporting documentation that describes the offeror’s specialized experience as it relates to local government courthouse new building/expansion projects and its technical proficiency related to this work discipline as well as the firm’s capacity to take on the work.

C. Names and qualification of consultants or sub-consultants who may be utilized as a cohesive team to accomplish the scope of services, such as, but not limited to Mechanical Engineers, Structural Engineers, Civil Engineers, Architects, Landscape Architects, Interior Designers, Construction Cost Estimators, and

Construction Managers.

D. Information related to the offeror’s record of performance for similar projects and evidence of the offeror’s ability to provide construction documents and project manuals that limit non-owner-initiated change orders to the greatest extent possible.

E. Demonstration of a clear understanding of the unique local influences and dynamic as they inform the required design. As otherwise stated, a demonstrate an understanding that the Offeror will be a good

“fit” given its understanding of the community.

F. References from clients for work completed of a comparable size and scope.

G. Non-binding fee hourly labor rates for grades of employees (provided only by offerors who are selected for interviews).

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EVALUATION CRITERIA

Each proposal will be evaluated for full compliance with the RFP instructions and any mandatory terms and conditions set forth within the solicitation document. The objective of the evaluation will be to recommend the Offeror(s) who is the most responsive to the expressed needs of the Board. Proposals will be evaluated with the following criteria:

A. Experience, Qualifications and Capacity of the staff to be assigned to perform the desired services included in the solicitation.

B. Capability and Skills – qualifications and experience of the Offeror and the demonstrated competence to provide the required services.

C. Location of the Offeror and the ability to respond to requests in a timely manner.

D. Current workload and the ability to assign resources to the project in a rapid manner in order to provide the services in an expedient fashion.

E. Acceptability of provided references for comparable projects.

F. Demonstrated understanding of the community’s needs and explanation of how the Offeror’s team is compatible and “fits” the unique needs of Cumberland County.

EVALUATION AND AWARD PROCESS

Proposals will be evaluated and interviews scheduled with selected Offerors in accordance with the “procurement of professional services” method of selection outlined in § 2.2-4302.2.A.4 of the Code of Virginia. Interviews will be conducted with two or more Offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors included in this RFP. Negotiations will then be conducted with the Offeror ranked highest in meeting the expectations of the County. If an Agreement that is satisfactory and advantageous to the County can be negotiated at a pricing schedule considered fair and reasonable, the award shall be made to that Offeror. If not, negotiations will be discontinued and further negotiations will be conducted with the next ranked Offeror and so on until an Agreement with an Offeror can be negotiated. Should the County determine that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than others, an Agreement may be negotiated solely with that Offeror and if concluded to the satisfaction of the County, subsequently awarded to that Offeror without holding interviews. The award of an Agreement shall be the sole discretion of the County. The County reserves the right to accept or reject any or all proposals in whole or in part and to waive any informalities with the RFP. Awards or Decisions to Award will be made consistent with conditions paragraph 17.

CONTRACT TERMS

If awarded the contract, the Offeror agrees execute an agreement with the County consistent with the General and Special

Terms and Conditions included herein and required by the Code of Virginia for contracts with public entities. The Offeror agrees to familiarize itself with these requirements and agrees that it is willing and able to enter into such an agreement if awarded the contract.

DEBRIEFING

The County will keep confidential all information regarding the identification of the persons or Offerors submitting proposals and the contents of proposals identified by the interested party as proprietary or confidential. Excluding the properly identified confidential or proprietary information, information about the Offeror will only be available after an award or decision to award has been made. After an award decision has been made, or an intent to award decision has been publicly published, the procurement file will be made available for review in the County Administration office. This review of the procurement file shall constitute the debriefing process. Meetings with staff to review the procurement file will not be conducted. Interested parties desiring to review the procurement file may contact the County Administrator to make an appointment to review the documentation.

TRADE SECRETS / PROPRIETARY INFORMATION

Trade Secrets or Proprietary information submitted by an interested party in connection with this RFP will not be subject to public disclosure under the Virginia Freedom of Information Act; however, the interested party must invoke the protections of this section prior to or upon submission of data or other materials to be protected and state the reasons why protection is necessary. Information leading to the decision to award, including prices and other factors, shall be made https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4302.2/

RFP 2026-01, Courthouse Architectural and Engineering Services Page 6 of 10 public after an award decision is made. Please mark one:

( ) No, the submittal I have turned in does not contain any trade secrets and/or proprietary information.

( ) Yes, the submittal I have turned in does contain trade secrets and/or proprietary information.

If YES, please list the page numbers and the reasons for why the information is considered a trade secret and/or proprietary information. Do Not Mark the Whole Proposal Proprietary.

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GENERAL TERMS AND CONDITIONS

1. Governing Laws and Courts: This solicitation and any resulting contract shall be governed in all respects by the laws of the

Commonwealth of Virginia and ordinances of the County of Cumberland, Virginia. Any litigation with respect thereto shall be brought in the courts of Cumberland County, Virginia. The Contractor shall comply with all applicable federal, state and local laws, rules and regulations (§ 15.2-1235, Code of Virginia).

2. Contract Terms and Conditions: Where the General and Special Terms and Conditions refer to requirements of a offeror, those requirements shall be understood to also apply to contracts resulting from the offeror process, and as such to the

Contractor/Consultant. The General Terms and Conditions shall apply in all instances. In the event of a conflict between any of the General Terms and Conditions and any Special Terms and Conditions, the Special Terms and Conditions shall apply.

3. Purchasing: Purchases over $50,000 are required to be approved by the Cumberland County Board of Supervisors.

4. Anti-Discrimination: By submitting their proposals, offerors certify they will conform to the provisions of the Federal Civil Rights

Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the

Virginians with Disabilities Act, the Americans with Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act

(VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (§ 2.2-4343.1E, Code of Virginia). In every contract over $10,000 the provisions in “a” and “b” below apply:

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

1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

b. The Contractor will include the provisions of ”1” above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each sub-contractor or vendor.

5. Ethics in Public Contracting: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or sub-contractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

6. Immigration Reform and Control Act Of 1986: By submitting their proposal), offerors certify that they do not and shall not during the performance of this contract, knowingly employ any unauthorized alien as defined in the Federal Immigration Reform and

Control Act of 1986, as amended (§ 2.2-4311.1 Code of Virginia).

7. Debarment Status: By submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of

Virginia or any government entity from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

8. Antitrust: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the County of Cumberland all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the County of Cumberland under said contract.

9. Clarification of Terms/Addenda: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer and posted on the public posting board at County Administration. Addendums may also be on the county website as referenced on the cover page. It is the offerors sole responsibility to ensure they have obtained any and all addenda prior to submittal of their offer. (§ 2.2-4316, Code of

Virginia).

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10. Payment: A. Payment terms shall be Net 45 days unless otherwise stated by the offeror on this solicitation. Alternative terms may be offered by the offeror for prompt payment of bills. B. Payment terms may be considered in determining the low offer for informal proposal programs. C. Discount period shall be computed from the date of proper receipt of the vendor’s correct invoice, or from the date of acceptable receipt of the goods/services, whichever is latest. D. The payment terms stated herein must appear on the vendor’s invoice. Failure to comply with this requirement may result in the invoice being returned to the vendor for correction. E. Late payment charges shall not exceed the allowable rate specified by the Virginia Prompt Payment Act. (1% per month). (§ 2.2-4352, Code of Virginia).

11. Drug Free Workplace: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the

Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

12. Availability of Funds: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available “subject to appropriation” by the Board of Supervisors for the purpose of this agreement, ref § 15.2 Chapter 25 Code of Virginia. It is further understood and agreed between the parties to any agreement resulting from this proposal that the County shall not be obligated to purchase or pay for services covered by this agreement unless and until they are ordered, delivered, and performed for the County.

13. Identification of Proposal Envelope: The signed proposal should be returned in a special envelope or package, sealed and identified with the Offeror’s Name, Solicitation Number and Due Date and Time.

14. Late Proposals: To be considered for selection, proposals must be received by County Administration by the designated date and hour. The official time used in the receipt of proposals is that time on the telephone system in the County Administration office.

Proposals received in County Administration after the date and hour designated are automatically non-responsive and will not be considered or opened. The County Board is not responsible for delays in the delivery of mail by the U. S. Postal Service, private courier, or the Inter-Departmental County Mail System. It is the sole responsibility of the offeror to ensure that its proposal reaches

County Administration by the designated date and hour. If the County is closed for business at the time scheduled for the receipt of proposals, the proposals will be accepted on the next business day of the County, at the originally scheduled hour.

15. Qualification of Offerors: The Purchasing Agent may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the Purchasing Agent all such information and data for this purpose as may be requested. The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. The County reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Purchasing Agent further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the Purchasing Agent that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

16. Additional Information: The County reserves the right to ask any offeror to submit information missing from its proposal, to clarify its proposal, and to submit additional information which the Purchasing Agent deems desirable. By submitting their offers, offerors certify they understand the terms and conditions, and if awarded a contract as a result of this solicitation, they will comply. They also understand that a violation of any of the terms and conditions may be a breach of contract and can result in default action being taken by the County.

17. Award Notices: Awards or Decision’s to Award will be posted on the public posting board at the County Administrator’s Office, ref. § 2.2-4360, Code of Virginia. It may also be posted on the county website.

18. Protest of Award or Decision to Award: Any Offeror who desires to protest the award or decision to award a contact shall submit such protest in writing to the Purchasing Agent no later than ten days after the award or the announcement of the decision to award, whichever occurs first. The written protest shall include the basis for the protest and the relief sought. The Purchasing

Agent shall issue a decision in writing within ten days stating the reasons for the action taken. This decision shall be final unless the Offeror appeals within ten days by instituting legal action as provided in § 2.2-4364 of the Code of Virginia.

19. Assignment of Contract: The resulting contract shall not be assignable in whole or in part without the County’s written consent.

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20. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Purchasing Agent, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

21. Taxes, Fees and Surcharges: Sales to Cumberland County, Virginia are normally exempt from State sales tax. A State sales and use tax certificate of exemption (Form ST-12) will be issued upon request. Deliveries against this contract shall be free of federal excise and transportation taxes. Additionally, no additional fees or surcharges may be passed to the County. This includes, but is not limited to any type of fuel surcharge.

22. Cancelation of Contract: The Purchasing Agent reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. Any contract cancelation notice shall not relieve the

Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

23. Contractual Disputes: In accordance with § 2.2-4363 of the Code of Virginia, claims arising out of this contract, whether for money or other relief, may be submitted to the County of Cumberland, by submitting the claim in writing, with all necessary data and information to substantiate the claim attached, to the Purchasing Agent. The Purchasing Agent shall render his/her decision within thirty (30) days. The Contractor may then appeal the Purchasing Agent’s decision to the County Administrator, whom shall render a final decision within forty-five (45) days.

24. Indemnification: Contractor agrees to indemnify, defend and hold harmless the County, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered.

SPECIAL TERMS AND CONDITIONS

1. Independent Contractor: The Contractor shall not be an employee of Cumberland County, but shall be an independent Contractor.

Nothing in this agreement shall be construed as authority for the Contractor to make commitments, which shall bind Cumberland

County or to otherwise act on behalf of Cumberland County, except as Cumberland County may expressly authorize in writing.

2. Supremacy Clause: Notwithstanding any provision in the offeror’s response to the contrary, the offeror agrees that the terms and conditions contained in the County’s Proposal shall prevail over contrary terms and/or conditions contained in the offeror’s response.

3. Final Decision: The offeror agrees that the decisions of the Board of Supervisors and/or its designee (the Purchasing Agent) is final and shall hold the County, their directors, employees, consultants and those involved in this solicitation and selection, and the successful vendor(s) harmless. The submission of a proposal indicates adherence to these conditions.

4. Questions: Questions about the proposal are to be submitted in writing, referencing the proposal number, to the Purchasing Agent listed on the front cover page of the solicitation. Request for additional information or interpretations on instructions may also be addressed. County Administration urges interested vendors to communicate concerns during the response period to avoid misunderstandings. Questions received less than five (5) business days prior to the proposal due date may not be answered.

Questions may be answered by written addenda. All addenda issued by County Administration shall become part of the specification and may be made part of the contract documents. Addenda will be distributed to all that are known to County

Administration to have received a complete set of solicitation documents. Addenda will also be posted on the County

Administration public bulletin board and may also be posted on the county website. No addenda will be issued later than three

(3) days prior to the solicitation due date, except an addendum cancelling or postponing a solicitation may be issued at any time prior to the receipt of offers. It is the offerors sole responsibility to ensure they have obtained any and all addenda prior to submittal of their offer and acknowledged them in their proposal response.

5. Silence of Specifications: The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

6. Insurance: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following minimum insurance coverage(s) at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with § 2.2-4332 and § 65.2-800 et seq.

of the Code of Virginia. The bidder further certifies that the Contractor and any subcontractors will maintain these insurance coverages(s) during the entire term of the contract and that all insurance coverage(s) will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Note: Actual limits and aggregates may

RFP 2026-01, Courthouse Architectural and Engineering Services Page 10 of 10 be increased or decreased for specific projects during negotiation, or as the Purchasing Agent assesses the amount of risk.

Minimum Insurance Coverage(s) and Limits:

a. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include employer. Contractors who fail to notify the County of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

b. Employer’s Liability - $100,000.

c. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage, and professional negligence and errors and omissions coverage. The County of Cumberland must be named as an additional insured and so endorsed on the policy.

d. Automobile Liability - $1,000,000 – per occurrence. (If motor vehicle is to be used in the contract.)

7. Ownership of Materials: All documents, including investigation studies, tracings, drawings, estimates, field notes and other working documents as instruments of service are the property of the County, and the County may use any or all of said items at any time, either in connection with the project to which they are applicable or in connection with any future or additional project, whether or not owned or to be owned by the County, or for any other purpose for which the County may wish to use said items;

provided, however, that the ownership of said items by the County and the unlimited freedom to use them for any purpose in the future shall not deprive the Consultant of the right to use the plans and the design concepts therein embodied for any purpose within Consultant's discretion in the future. During the performance of the services herein provided, the Consultant shall be responsible for any loss or damage to the documents, data or other pertinent information while in Consultant's possession, and any such loss or damage shall be restored at Consultant's expense. All documents shall strictly conform to all laws, statutes and ordinances, all applicable rules and regulations, and the methods and procedures of all government boards, bureaus or agencies having jurisdiction over the Consultant's services.