847821renoCville.pdf

Request for Quotation

(RFQ)

Issue Date: Wednesday, October 7, 2026

RFQ 27-30

Title: PUBLIC UTILITIES DISPATCH OFFICE RENOVATION

Issuing Agency: City of Charlottesville Public Works - Capital Development Department

All quotes submitted in response to this solicitation must comply with all aspects of the requirements of the RFQ.

All Inquiries For Information Should Be Submitted In Writing through the City’s OpenGov portal at: https://procurement.opengov.com/portal/charlottesville.

Quotations in response to this RFQ will be received online and all quotes are due before 2:00 pm on October 30, 2026. No telephoned, faxed, or emailed quotations will be considered.

This public body does not discriminate against faith-based organizations in accordance with the

Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

https://procurement.opengov.com/portal/charlottesville

RFQ 27-30 Page 2 of 41

Table of Contents

I. COMPETITION INTENDED

II. MINORITY BUSINESS PROGRAM

III. PROJECT DESCRIPTION/SUPPLEMENTAL TERMS AND CONDITIONS

IV. GENERAL TERMS AND CONDITIONS

V. ADDITIONAL TERMS AND CONDITIONS FOR CONSTRUCTION PROJECTS

VI. SPECIAL TERMS AND CONDITIONS

VII. PRICING SCHEDULE

VIII. VENDOR QUESTIONNAIRE

Attachments:

A - PU Dispatch Office - CD-L - 20261005

B - Sample C.O.I. and Guide to Acord Form

C - City Yard Directional Map

Be advised that some of the content in the associated pages may not be posted in an accessible format for screen readers due to the length, complexity and technical nature; however, accommodations will be made upon request by calling 434-970-3302 or submitting an email request to facdev@charlottesville.gov.

mailto:facdev@charlottesville.gov

RFQ 27-30 Page 3 of 41

I COMPETITION INTENDED

It is the City’s intent that this Request for Quotation (RFQ) permits competition. It shall be the bidder’s responsibility to advise the Purchasing Agent in writing if any language requirement, specification, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this RFQ to a single source. Such notification must be received by the Purchasing Agent not later than the due date of

Inquiries for this RFQ.

II MINORITY BUSINESS PROGRAM

As part of the City of Charlottesville’s Minority Business Program, the City of Charlottesville encourages the participation of small, women, minority, veteran and micro-owned businesses (SWaM-O) in the

City’s procurement transactions. In order to support and build up the capacity of SWaM-O businesses, City Council and staff have taken steps to push forward policy changes and initiatives to help reduce barriers to doing business with the City. To find out more about the current City of Charlottesville initiatives and programs please visit the Minority Business Program website at www.charlottesville.gov/purchasing.

III PROJECT DESCRIPTION/SUPPLEMENTAL TERMS AND CONDITIONS

PART 1 GENERAL

All work described herein and in the Related Documents is included as part of this solicitation unless otherwise specified. The scope of services generally includes, but is not necessarily limited to, the following:

A. Demolition as noted on the Related Documents;

B. Removal and storage of items to be salvaged and re-used as noted in the Related Documents;

C. Removal and reinstallation of existing and new fixtures as noted on the Related Documents;

D. Cutting and Patching as noted in the Related Documents;

E. Repair of masonry walls affected by demolition related to the work as noted in the Related

Documents;

F. Removal of existing flooring and base

G. Installation of new finishes as noted in the Related Documents

H. Protection of building HVAC systems by sealing off work area and sealing returns and supplies

I. HEPA air cleaner runs on site to keep dust remediated

J. Provision of competent management and supervision of the project AT ALL TIMES; and, K. Thorough cleaning the project site.

Submittals/Samples/Certifications:

A. A MSDS is required for all chemicals proposed to be furnished as part of this bid. The MSDS must; list all ingredients which constitute more than 1% of the product (.1% for known or suspected carcinogens; identify the product by common or chemical name; provide physical and chemical characteristics of any hazardous components; list any known acute or chronic health effects; specify exposure limits, precautionary measures, and emergency and first aid procedures.

https://www.charlottesville.gov/purchasing

RFQ 27-30 Page 4 of 41

B. Product Data: Provide for all products used (include MSDS sheets for volatile materials). Where not specifically identified in the Related Documents, provide sample submittals.

C. Construction Details: Provide submittal drawings or samples depicting and clarifying items as noted on, and required by, the Related Documents, or, as requested by the City.

D. Maintenance data: Submit manufacturers’ care and maintenance recommendations, including recommended repair and cleaning instructions.

E. The successful bidder shall show proof of insurance, as required in the General Terms and

Conditions contained herein, naming the City as “additional insured.” See Insurance section.

F. Any other items requested by the City.

Delivery, Storage, and Handling:

A. It shall be the responsibility of the Contractor to make all arrangements for delivery, unloading, receiving and storing materials off site during installation. The owner will not assume any responsibility for receiving these shipments.

B. Contractor shall check with the owner and make arrangements when necessary for security and storage space in the building (if any) during installation.

C. Delivered materials to project site shall be in the manufacturer’s original, unopened containers bearing all labels, legible at time of use. Repair of any damaged materials, during shipping, handling, or installation, is the Contractor’s responsibility.

D. Contractor shall store materials so that contamination and physical damage is prevented.

PART 2 PRODUCTS

As specified in construction drawing set.

PART 3 EXECUTION

Workmanship, Quality, Safety, & Conduct:

A. The Contractor shall hold a current and valid Commonwealth of Va. Contractor’s License.

B. All work shall be performed in compliance with the Related Documents.

C. All work shall be performed by thoroughly trained and highly experienced tradesmen who are familiar with the requirements of this work.

D. All work shall be representative of high-quality commercial construction standards. Rejection of unacceptable work is solely at the Owner’s discretion. Remedy, and related costs, of work deemed unacceptable shall be the responsibility of the Contractor.

E. Regulations: Permits are required. Initial building permit will be applied for by the City.

Contractor shall comply with industry initial standards and applicable laws and regulations of authorities having jurisdiction including, but not limited to:

i. Building Code requirements;

RFQ 27-30 Page 5 of 41

ii. Health and safety regulations;

iii. Utility company regulations;

iv. Police, Fire Department and Rescue Squad rules; and,

v. Environmental protection regulations.

F. Standards: Specifications for quality, execution, and installation shall be primarily governed by the manufactures’ written specifications and instructions for the respective task or component of this project. Specifications for quality, execution, and installation shall be secondarily governed by leading industry standards, as determined by the Owner, for the respective task or component of this project.

G. Inspections:

i. Permit Inspections: Coordinate with jurisdiction having authority.

ii. Third Party Testing and Inspection: Coordinate with Owner’s representative.

H. The Contractor shall unconditionally warrant all work described herein for a period of one year from the date of project completion and acceptance by the Owner.

I. Bonds: Bonds (bid bonds, or, payment and performance bonds) are not required for bid/contract amounts less than $200,000.

J. The Contractor is responsible for not damaging the Owner’s property as part of this work. Where damage is caused, by the Contractor, to the Owner’s property, the Contractor shall be responsible for the cost of all repairs. The Contractor is responsible for documenting any existing damage prior to beginning work.

K. The Contractor shall verify all existing conditions and dimensions prior to commencement of work and shall advise the Owner immediately upon discovery of variances between site conditions and the Related Documents.

L. The Contractor shall comply with all legally mandated safety precautions.

M. The Contractor shall maintain a high level of worker and site safety.

N. All Contractor employees, staff, visitors, or sub-contractors shall wear and/or display ID at all times while on site; and, all workers shall conduct themselves in a safe, professional, and courteous manner.

O. Smoking is prohibited at all facilities owned, operated, or managed by the City of Charlottesville.

Air Quality, Environmental, & Noise:

A. The Contractor shall comply with all legally mandated environmental regulations and precautions. For any release of fluid, or other material, which could be considered an environmental contaminate the Contractor shall immediately stop the Work, initiate spill response procedures, call emergency responders (if prudent), and contact the Owner’s Construction

Manager assigned to the Project. When required, contact the appropriate regulating authority.

B. Asbestos and Lead:

RFQ 27-30 Page 6 of 41

i. Asbestos Clarification: Asbestos Containing Materials (ACM) is not suspected to be present within the Project Work Areas or building components related to this work.

Testing is being conducted at this time and any asbestos should be identified at time of construction. However, should the Contractor discover any material that it suspects could be ACM, the Contractor shall immediately stop work and contact the Owner’s

Construction Manager assigned to the project.

ii. Lead-Based Paint Clarification: Due to the age of the building, Lead Based Paint

(LBP) is presumed to be present. The Contractor shall follow OSHA Lead Standards and EPA Renovations & Repair Painting Rule requirements. Any LBP-related work shall be performed by certified personnel and under the monitoring of the City’s industrial hygiene consultant.

C. If necessary and determined by the Owner, the Contractor shall provide and maintain dust enclosures and walk-off mats so as ensure that all dust, debris, and aromas associated with the work are contained within the immediate Project Work Area.

D. Any work that may produce annoying or hazardous dust, aroma, or fumes shall be performed during hours when tenant, staff, or patrons are not scheduled to be present. Coordinate such work periods with the City’s Construction Manager. Any fumes or off-gassing VOCs released as a part of this work shall be properly ventilated from the Owner’s property by 8:00am of the morning after which the application of materials which released such odors or gases was made.

E. The Owner understands that, by the nature of this work, that noise may be a factor. However, for periods of excessive noise caused by the project work, the Contractor shall identify those periods on the schedule he submits after contract award and prior to commencement of work. See Part 4, below, for limitations and special working hours.

F. If necessary and determined by the Owner, any HVAC supply and return apparatus, within the affected Project Work Area, shall be sealed and/or filtered during this work by the Contractor.

The Contractor shall coordinate HVAC shut-off, sealing, or filtering with the City’s Construction

Manager, or other designated staff, as required. HEPA air cleaner to be in used during demo and construction.

G. When finishing gypsum wall board (GWB), or performing other operations which generate high levels of dust, all sanding (or dust generating work) shall be performed using vacuum collection devices which collect dust as the work is being performed.

H. The City has a goal, for this project, of 85% re-use and recycle of demolition debris. The

Contractor shall provide certification as to the percentage (by weight) of recycled construction debris.

I. Refer to the High Performance Building Standards for confirmation on City recommendations for building renovations over $20,000 where applicable in ths project.

https://www.charlottesville.gov/289/High-Performance-Buildings

Finishing and Clean-up:

A. Conform to manufacturers’ recommendations in the use of chemical cleaners.

B. Remove all errant drips, spills, splatters, etc. from the project work area.

https://www.charlottesville.gov/289/High-Performance-Buildings

RFQ 27-30 Page 7 of 41

C. Protect all finishes and components until the work is turned over to the Owner.

D. Remove scrap materials and packaging from the work area and dispose of properly.

E. Generally clean and remove debris at the end of each work day.

F. Thoroughly clean the Project Work Areas upon completion of work and prior to the work being turned over to the Owner.

PART 4 SCHEDULE, LOGISTICS, & SITE CONDITIONS

Work Schedule:

A. All work shall be performed per the following schedule:

i. November 6, 2026: Work may begin on or after this date - or as soon as per permit is issued.

ii. January 8, 2027: Substantial Completion (all work complete and turned over to the

Owner).

iii. January 15, 2027: Final Completion (all punch-list and close out requirements complete)

B. Following are Available Working Hours:

i. Monday-Friday: 8:00am-6:00pm

ii. Other times as agreed to by the Owner.

C. Notice to Proceed (NTP) will be in the form of a written Purchase Order. Within one week of the date of the NTP, the Contractor shall provide a basic project schedule suitable to the Owner

(include work start, milestones, substantial completion, and final completion) and in compliance with Sections ‘A’ and ‘B’ directly above.

D. Prior to beginning any work at the site, a pre-construction meeting is to be held and shall include the following: Owner’s tenant, Owner’s Project Manager, and Contractor.

E. This building is a "secure" building with limited parking and will be running "business as usual" during normal working hours. Loud or odorous work will need to be completed on nights or weekends.

Site Conditions:

A. Work will occur in an occupied and working facility, care shall be taken to minimize disruptions and avoid hazards to staff and patrons using the facility. At the end of each work period, the following shall be performed by the Contractor:

i. Barricade the Project Work Area and all work in progress to prevent access by City staff;

ii. Return all areas, in and around the Project Work Area, to a clean and orderly condition.

RFQ 27-30 Page 8 of 41

iii. Clean and secure all work access and/or hauling routes (within the facility) to and from the Project Work Area.

B. Electricity and water supply is available, within reason, by the Owner as provided in the Project

Work Area.

C. Any shut-down in service (water, electricity, etc.) shall be coordinated with the Owner. The

Contractor shall provide 72-hour notice of any required service shut-down.

D. Lay Down and Logistics of the Project Work Area:

i. The Project Work Area is indicated in the Related Documents.

ii. Some Lay-Down and Storage Space is available in the Project Work Area.

Otherwise, materials need to be stored off-site. The Contractor is responsible for security of all stored items.

iii. The location of the Project Work Area requires manual hauling of materials into the facility. The Contractor shall coordinate hauling routes into the facility with the

Owner.

E. Parking:

i. One space for dumpster and one space for supervisor will be provided.

ii. The Contractor is responsible for ensuring that finished exterior surfaces over which their vehicles or equipment may be parked or operated are not damaged by leaks, spills, or any other means caused by the Contractor.

F. Public restrooms for the Contractor’s employees and sub-contractors are not available, and a temporary portable restroom facility shall be provided by the Contractor for its staff and sub-contractors.

IV GENERAL TERMS AND CONDITIONS

A ANTI-DISCRIMINATION

By submitting their bids, bidders certify to the City that 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 Virginias with Disabilities Act, the Americans with Disabilities Act and Code of Virginia §2.2-4311, §2.2-4311.2, and §2.2-4312 . 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 recipients religion, religious belief, refusal to participate in a religious practice, or on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, or disability, and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia § 2.2.4343.1E and Code of the

City of Charlottesville Chapter 2, Article XV, § 2-431).

Every contract over $10,000 shall include the provisions:

1. During the performance of this contract, the contractor agrees as follows:

RFQ 27-30 Page 9 of 41

a. During the performance of this contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, disability, or any other basis prohibited by law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

d. The requirements of these provisions 1. and 2. are a material part of the contract. If the

Contractor violates one of these provisions, the City may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from City contracting regardless of whether the specific contract is terminated.

2. The contractor will include the provisions of No. 1 above in every subcontract or purchase order over $10,000, so that the provision will be binding upon each subcontractor or vendor.

B ANTI-DISCRIMINATION OF CONTRACTORS

A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, disability, or, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the City has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

C ANTI-DISCRIMINATION OF FAITH-BASED ORGANIZATIONS

The City of Charlottesville does not discriminate against faith-based organizations.

D ANTITRUST

By entering into a contract, a contractor conveys, sells, assigns, and transfers to the City of Charlottesville 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 City of Charlottesville under said contract.

RFQ 27-30 Page 10 of 41

E APPLICABLE LAWS & COURTS

Refer Article 21 of the Supplemental Terms and Conditions.

F ASSIGNMENT OF CONTRACT

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

City.

G AWARD OF CONTRACT

Award will be made to the lowest responsive/responsible bidder. Public notice of the award of this contract, or the announcement of the decision to award this contract, shall be given in the following manner: posting of a written notice on the City’s website at https://www.charlottesville.gov/purchasing, under the Bids and Proposals link.

H BID ACCEPTANCE

Bids will be date and time stamped upon electronic submittal and shall remain unviewed and unopened until after the bid due date and time have passed. No consideration will be given to bids submitted in hard copy format, only electronic submittal through OpenGov shall be accepted. It is the responsibility of the bidder to ensure timely and correct electronic submittal through the City's OpenGov portal.

I BID ACCEPTANCE PERIOD

Each bid submitted must be and remain valid for a period of at least 90 days from bid opening. Erroneous bids may be reclaimed or amended at any time prior to bid opening time; Modification of or corrections to bids are not acceptable after bids have opened. No bidder may withdraw his bid from consideration after bid opening due to a mistake, except as permitted by the Code of Virginia §2.2-4330.

J BID TABULATIONS

Tabulations of bids are a matter of public record and are available upon request.

K BID/PROPOSAL PRICE CURRENCY

Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

L BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION

The City’s SAP electronic solution offers vendor self-service registration. Vendors are not required to register prior to bidding, however, purchase orders cannot be issued and payment to vendors cannot be processed to a non-registered vendor. Go to https://www.charlottesville.gov/purchasing.

M CHANGES TO THE CONTRACT

Changes can be made to the contract in any of the following ways per the requirements of the City’s

Internal Contracts Management Policy:

a. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to

RFQ 27-30 Page 11 of 41 by the parties as a part of their written agreement to modify the scope of the contract. No fixed price contract may be increased by more than 10% or $25,000, whichever is greater, without the written approval of the City Manager or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer).

b. The City may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the City a credit for any savings. Said compensation shall be determined by one of the following methods:

i. By mutual agreement between the parties in writing; or

ii. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the City’s right to audit the contractor’s records and/or to determine the correct number of units independently;

or

iii. By ordering, the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the City with all vouchers and records of expenses incurred and savings realized. The City shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the City within thirty (30) days from the date of receipt of the written order from the City. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the City or with the performance of the contract generally.

N CLARIFICATION OF TERMS

The City will assume no responsibility for oral instructions, suggestion or interpretation of this RFQ. Any question regarding the solicitation documents and/or specifications shall be submitted directly through the

Question & Answers section of OpenGov and any material change will be submitted to all bidders/offerors through issuance of an addendum. Any questions related to this solicitation must be submitted to the City through the City's OpenGov portal no fewer than five work days prior to the

RFQ due date and time. Questions submitted beyond this timeframe may or may not be answered by the

City, in the City's sole discretion.

RFQ 27-30 Page 12 of 41

O CONTRACTOR'S FORMS/BOILERPLATE CONTRACTS

All written agreements, contracts, service agreements, account applications, forms and other documents, of any nature, that the Contractor would require the City to sign in connection with any contract resulting from this procurement transaction, or the performance thereof by the Contractor, must be submitted along with the Contractor’s bid. Under no circumstances shall the City be required to agree to any contractual provision (i) that would materially conflict with any requirement(s) of this RFQ, (ii) that would affect the price, quality, quantity or delivery schedule for any goods or services, (iii) that would conflict with any requirement of the Code of Virginia, Virginia Public Procurement Act or the Charlottesville City Code, or

(iv) that would, in the City’s sole discretion, materially alter the overall combination of quality, price and various elements of required services that in total are optimal relative to the City’s needs, and the

Contractor shall not condition its performance or delivery upon any such agreement by the City.

P CONTRACTOR LICENSE REQUIREMENTS

State statutes and regulatory agencies require that some firms be properly registered and licensed, or hold a permit, prior to performing specific types of services. If firms provide removal, repair, improvement, renovation or construction-type services they, or a qualified individual employed by the firm, must possess and maintain an appropriate State of Virginia Class A, B, or C Contractor License (as required by applicable regulations and value of services to be performed) for the duration of the Agreement. It is the firm’s responsibility to comply with the rules and regulations issued by the appropriate State regulatory agencies. A copy of the license must be furnished upon request to the City of Charlottesville.

Q CONTRACTUAL CLAIMS

Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the contractor’s intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. The City has established an administrative procedure for consideration of contractual claims, and a copy of such procedure is available upon request from the City’s Procurement and Risk Management Services

Division. Contractual disputes shall also be subject to the provisions of the Code of Virginia §2.2-

4363(D) and (E) (exhaustion of administrative remedies) and §2.2-4364 (legal actions. Resolution of a claim by the City or its administrative appeals panel shall not relieve a Contractor of the requirement to submit any invoice(s) as a condition of receiving payment of specific amount(s) from the City.

R DEBARMENT STATUS

By participating in this procurement, bidders/offerors certify that they are not currently debarred by the federal government, the Commonwealth of Virginia, or any local government or public authority from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation. Bidder/Offeror further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently so debarred. If a bidder/offeror is created or used for the purpose of circumventing a debarment decision against another bidder/offeror, the non-debarred bidder/offeror will be debarred for the same time period as the debarred bidder\offeror.

S DEFAULT

In case of failure to deliver goods or services in accordance with the contract terms and conditions, the

City, 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 that the City may have.

RFQ 27-30 Page 13 of 41

T DRUG-FREE WORKPLACE CLAUSE

Applicable for all contracts over $10,000. During the performance of this contract the contractor agrees as follows: (i) to provide a drug-free workplace for the contractor’s employees; (ii) to 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; and (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.

For the purposes of this paragraph, “drug-free workplace” means a site for the performance of work done in connection with the contract awarded to a contractor in accordance with this procurement transaction, where the contractor’s employees 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.

U ERROR IN EXTENSION OF PRICES

In the case of an error in the extension of prices, the unit price shall govern.

V ETHICS IN PUBLIC CONTRACTING

Per the Code of Virginia §2.2-4367, by submitting a bid/proposal, the bidder/offeror certifies that their bid/proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid, 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.

W EXTRA CHARGES NOT ALLOWED

Bidders will not be allowed extra compensation for conditions which could have been determined by examination of the documents and/or the site prior to submission of bids.

X HEADINGS

Section, article and paragraph headings contained within this Request for Quote have been inserted only as a matter of convenience and for reference, and they in no way define, limit, or describe the scope or intent of any term, condition or provision of this Request for Quote.

Y IMMIGRATION REFORM AND CONTROL ACT OF 1986

Applicable to all contracts over $10,000. By entering into a written contract with the City of

Charlottesville, the bidder/offeror certifies that the bidder/offeror does not, and shall not during the performance of the contract for goods and services in the Commonwealth of Virginia, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

RFQ 27-30 Page 14 of 41

Z INCLEMENT WEATHER/CLOSURE OF CITY OFFICES

If the City of Charlottesville is closed for business on the date and time set by this solicitation for receipt of bids/proposals, then bids/proposals will be accepted on the next scheduled business day up to the time of day specified on the original date specified for receipt of bids/proposals.

AA INDEMNIFICATION

Contractor shall indemnify and hold harmless the City, its officers, agents and employees from and against any and all liabilities, damages, and costs arising out of third party claims, to the extent caused by the willful misconduct, negligent act, error or omission of the Contractor or anyone for whom the

Contractor is legally responsible, subject to any limitations of liability expressly set forth within this

Contract.

BB INSPECTION OF JOB SITE

The bidder/offeror is responsible for thorough examination of the documents and the project site prior to responding to the solicitation.

CC INSURANCE

Consistent with the solicitation and contract, the Contractor/Professional agrees to obtain and keep in effect at all times during the term of this Contract the insurance policies indicated below:

A. Workers' Compensation - To include benefits and limits as required by the Code of Virginia, and to include Employers’ Liability insurance with at least the following coverage amounts:

o $100,000 per accident per employee o $100,000 per disease per employee o $500,000 policy limit by disease

B. Commercial General Liability - With at least the following coverage amounts, unless otherwise specified:

o $1,000,000 per occurrence, including contractual liability o $2,000,000 General Aggregate (other than Products/Completed Operations) o $2,000,000 Personal and Advertising Injury o Required Endorsement: The City of Charlottesville, its officers, employees, agents, and volunteers are additional insured parties as respects the scope of work performed under contract with the City.

C. Automobile Liability - Amount: $1,000,000, unless otherwise specified. Combined Single Limit.

To include coverage for owned, non-owned, and hired vehicles. Not required if motor vehicle(s) will not be operated on City property by Professional, its agents, employees, assignees, or subcontractors, while performing the scope of work under this Contract.Amount: $1,000,000, unless otherwise specified. Combined Single Limit. To include coverage for owned, non-owned, and hired vehicles. Not required if motor vehicle(s) will not be operated on City property by

RFQ 27-30 Page 15 of 41

Professional, its agents, employees, assignees, or subcontractors, while performing the scope of work under this Contract.

D. Umbrella Liability - Amount: $1,000,000. Per occurrence and in the aggregate.

E. Professional Liability - Does not apply.

F. Pollution Liability - Does not apply.

G. Explosion, Collapse, and Underground Property Damage Liability - Does not apply.

H. Builder's Risk - Does not apply.

NOTES REGARDING REQUIRED INSURANCE:

A. Concurrent policies. With regard to the Automobile Liability and Commercial General Liability policies, the total amount of coverage may be accomplished through any combination of primary and excess/umbrella insurance.

B. Insurance company. The required insurance policies must be issued by a company or companies authorized to conduct the business of insurance in Virginia, with a Financial Strength Rating of

“A-” or better and a Financial Size Category of VII or higher by A.M. Best Rating Services, Inc., or other rating agency acceptable to the City.

C. Subcontractors. Contractor/Professional shall ensure that all subcontractors providing goods or services related to this Contract obtain and maintain in effect at all times during the term of this

Contract, the required insurance policies.

D. Certificates of insurance and policies. Contractor/Professional shall provide the City with one or more certificate(s) of insurance confirming the insurance policies required by this Contract, signed by a person authorized by the insurance company to bind it to the representations contained therein. The certificate(s) shall be provided to the City by Contractor/Professional upon execution of this Contract and at other times throughout the term of this Contract, if requested by the City, within 10 days of such request. In addition, Contractor/Professional shall furnish the

City with copies of the relevant insurance policies, if requested by the City, within 10 days of such request.

Effect of insurance: Compliance with insurance requirements shall not relieve Contractor/Professional of any responsibility to indemnify the City for any liability to the City, as specified in any other provision of the Contract.

DD MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS FOR RFQS

Failure to submit a bid on the official City form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Request for Quote may be cause for rejection of the bid; however, the City reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the City may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid, which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

RFQ 27-30 Page 16 of 41

EE NEW EQUIPMENT

Unless otherwise noted any equipment bid shall be new, unused, of current production and standard to the manufacturer. Where any part or nominal appurtenances of equipment are not described it shall be understood that all equipment and appurtenances standard to or recommended by the manufacturer for complete and safe use shall be included as part of this bid.

FF OSHA STANDARDS

All contractors and subcontractors performing services for the City are required and shall comply with all

Occupational Safety and Health Administration (OSHA), State and City Safety and Occupational Health

Standards and any other applicable rules and regulations. In addition, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

GG OWNERSHIP OF DOCUMENTS

All information, documents, and electronic media furnished by the City to the Contractor belong to the

City, are furnished solely for use in connection with the Contractor’s performance of Services required by this Agreement, and shall not be used by the Contractor on any other project or in connection with any other person or entity, unless disclosure or use thereof in connection with any matter other than Services rendered to the City hereunder is specifically authorized in writing by the City in advance. All documents or electronic media prepared by or on behalf of the Contractor for the City are the sole property of the

City, free of any retention rights of the Contractor. The Contractor hereby grants to the City an unconditional right of use, for any purpose whatsoever, documents or electronic media prepared by or on behalf of the Contractor pursuant to this Agreement, free of any copyright claims, trade secrets, or any other proprietary rights with respect to such documents.

HH PAYMENT

Refer to Article 14 of the Supplemental Terms and Conditions.

II PERMITS AND FEES

All bids submitted shall have included in price the cost of any business or professional licenses, permits or fees required by the City of Charlottesville and the Commonwealth of Virginia. The bidder must have all necessary licenses to perform the services in Virginia and, if practicing as a corporation, be authorized to do business in the Commonwealth of Virginia.

JJ PUBLIC INSPECTION OF CERTAIN RECORDS

Except as otherwise provided, and in accordance with Va. Code §2.2-4342, all proceedings, records, contracts and other public records relating to the City’s procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia

Freedom of Information Act (Code of Virginia §2.2-3700 et seq). Any bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event the City decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract. Trade secrets or proprietary information submitted by a bidder in connection with this procurement transaction shall not be subject to the Virginia Freedom of Information Act, but only if the bidder (i) invokes the protections of the Code of Virginia $2.2-4342prior to or upon submission of the data or other materials;

RFQ 27-30 Page 17 of 41

(ii) identifies the specific data or other materials to be protected, and (iii) states the reasons why protection is necessary. A general designation of a contractor’s entire bid submission as being

“confidential” shall not be sufficient to invoke the protections referenced above.

KK QUALIFICATIONS OF BIDDERS/OFFERORS

The City may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder/offeror to perform the services/furnish the goods and the bidder/offeror shall furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect bidder’s/offeror’s physical facilities prior to award to satisfy questions regarding the bidder’s/offeror’s capabilities. The City further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the City that such bidder/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

LL RIGHT TO ACCEPT OR REJECT BIDS

The City reserves the right to accept or reject any or all bids in whole or in part and to waive any informality in the bid. Informality shall be defined as a minor defect or variation from the exact requirements, which does not affect the price, quality, quantity or delivery schedule.

MM SCHOOL CONTRACTOR CERTIFICATION

Contractor acknowledges that the implementation of the above-referenced contract for services may require Contractor, Contractor’s employees or other persons within Contractor’s control to have direct contact with City of Charlottesville Public School students on school property during regular school hours or during school-sponsored activities. As evidenced by the authorized signature below, Contractor hereby certifies to the City of Charlottesville and to the Charlottesville City School Board that all persons who will provide such services for or on behalf of the Contractor on public school property have not been convicted of a felony or any offense involving the sexual molestation, or physical or sexual abuse, or rape of a child, or the solicitation of any such offence; or, any crime of moral turpitude.

NN SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE

It is the policy of the City of Charlottesville to facilitate the establishment, preservation and strengthening of small businesses and businesses owned by women and minorities and service-disabled veterans and to encourage their participation in the City's procurement activities. Toward that end the City of

Charlottesville encourages these firms to compete and encourages other firms to provide for the participation of these firms through partnerships, joint ventures, subcontracts or other contractual opportunities. Bidders are asked, as part of their submission, to describe any planned use of such business in fulfilling this contract.

OO STATE CORPORATION COMMISSION IDENTIFICATION NUMBER

Pursuant to the Code of Virginia §2.2-4311.2 subsection B, ), a bidder/offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder/offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid/proposal a statement describing why the bidder/offeror is not required to be so authorized. Any business entity described above that enters into a contract with a public body pursuant to the Code of

Virginia, Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of

RFQ 27-30 Page 18 of 41 authority or registration to transact business in the Commonwealth, if so required by Title 13.1 or Title

50, to be revoked or cancelled at any time during the term of the contract. A public body may void a contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Link to the Virginia State Corporation Commission site: http://www.scc.virginia.gov/.

PP TAXES

Include only taxes applicable to the project in this bid. The City is exempt from State Sales Tax and

Federal Excise Tax. Tax Exemption Certificate indicating the City’s tax-exempt status will be furnished by the City of Charlottesville upon request.

QQ TESTING AND INSPECTION

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

RR USE OF BRAND NAMES

Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders/offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article that the City, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder/offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid/proposal that the product offered is an equal product, such bid, proposal will be considered to offer the brand name product referenced in the solicitation.

SS RFQ REQUIREMENTS

The requirements of this RFQ shall be deemed incorporated into any contract resulting from this procurement transaction, as if set forth therein verbatim.

V ADDITIONAL TERMS AND CONDITIONS FOR CONSTRUCTION PROJECTS

ARTICLE 1 THE CONTRACT DOCUMENTS

1.1 City Disclaimer Of Warranty: The City makes no representation or warranty, of any nature whatsoever, to the General Contractor concerning the documents for the Project. The General Contractor hereby acknowledges and represents that it has not, does not, and will not rely upon any representations or warranties by the City concerning such documents, as no such representations or warranties have been or are hereby made.

1.2 Conflicts In Documents: In the event any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract for Construction, the following shall control:

i. As between figures given on plans and scaled measurements, the figures shall govern;

http://www.scc.virginia.gov/

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ii. As between large-scale plans and small-scale plans, the large-scale plans shall govern;

iii. As between plans and specifications, the requirements of the specifications shall govern;

iv. As between the General Terms and Conditions of the Contract and the plans or specifications, the General Terms and Conditions shall govern;

v.