847861aandeCvielle.pdf

REQUEST FOR PROPOSAL (RFP)

PROFESSIONAL SERVICES

Issue Date: Thursday, October 8, 2026

RFP 27-42

Title: JMRL CENTRAL LIBRARY A&E SERVICES

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

Request for Proposal Release Date October 8, 2026

Pre-Proposal Conference (Non- Mandatory)

October 26, 2026, 1:30pm

JMRL Central Library, 201 E Market St, Charlottesville, VA 22902, Second floor, Swanson Case Courtroom

Proposal Submission Deadline December 11, 2026, 2:00pm

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

Sealed Proposals Will Be Received online and all proposals are due before 2:00 pm on

December 11, 2026. Proposals received after the stated deadline will not be considered. No telephoned, faxed, emailed, hand-delivered, or mailed proposals will be considered.

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

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.

RFP 27-42 – JMRL CENTRAL LIBRARY A&E SERVICES

TABLE OF CONTENTS FOR RFP 27-42 – JMRL CENTRAL LIBRARY A&E SERVICES

I. Purpose

II. Term

III. Minority Business Program

IV. Background

V. Statement of Needs

VI. Proposal Preparation and Submission Instructions

VII. Evaluation and Award Criteria

VIII. Award of Contract

IX. Reporting and Delivery Instructions

X. Pre-Proposal Conference

XI. General Terms and Conditions

XII. Special Terms and Conditions

XIII. Offeror Questionnaire

Attachments:

A - JMRL Central Library - Existing plans - 20260925

B - Scope of Professional Services - Design Phases RFP 27-42

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

D - DRAFT Contract for JMRL Central Library A&E Services

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 434-970-3860 or submitting an email request to purchasing@charlottesville.gov.

mailto:purchasing@charlottesville.gov

I PURPOSE

The City of Charlottesville’s Capital Development Division (referred to herein as the Owner and/or the City) is requesting proposals from qualified architectural/engineering firms or individuals to provide comprehensive design, planning, and construction administration services for the renovation of the Jefferson Madison

Regional Library (JMRL) Central Library facility located at 201 E Market St, Charlottesville, VA 22902. The primary goal is to modernize the facility's aging infrastructure, optimize interior spaces for modern library operations, provide flexibility for future operation, and achieve high-level environmental sustainability while strictly respecting the building’s historic fabric.

II TERM

The successful offeror shall complete all services and submit all deliverables from date of ratified contract through the completion of construction close-out.

III MINORITY BUSINESS PROGRAM

The City encourages the participation of small and micro businesses, businesses owned by women, minorities, or veterans, and employment services organizations in the City’s procurement opportunities, and encourages offerors to provide for the participation of these firms through partnerships, joint ventures, and subcontracts. Offerors are asked, as part of their submission, to describe any planned use of such firms in fulfilling this contract. To find out more about the City’s current initiatives to reduce barriers for these businesses, please visit the Minority

Business Program website at www.charlottesville.gov/Minority-Business-Program.

IV BACKGROUND

This historic building once housed a post office on the main floor as well as a courthouse on the third floor. Built in

1904 by the federal government and gifted to the City and Albemarle County, it has served as our Central Library since 1972. Central administration for the regional libraries is housed here, and all new books are processed through this branch. Needless to say, it is an important center for the Jefferson Madison Regional Library and holds a nostalgic spot for Charlottesville natives that grew up reading and studying here.

Current building plans are included as Attachment A - JMRL Central Library - Existing Plan - 20260925.

V STATEMENT OF NEEDS

The successful offeror shall comply with all applicable federal, state and local laws, rules and regulations applicable to the provision and performance by the successful offeror of the work and services that are the subject of the contract.

A GENERAL SCOPE OF THE DESIGN WORK

The general scope of the design work will include, but is not necessarily limited to: studying JMRL library operations and systems as related to this facility and developing a relevant design and renovation program;

developing conceptual, schematic, and final architectural and engineering designs; preparing of bid construction documents; presenting designs to appropriate review boards (such as the Charlottesville Board of Architectural

Review); providing construction administration services; and coordinating the documentation for and submittal of an application to the U.S. Green Building Council for Leadership in Energy and Environmental Design (LEED) for certification of the project.

The selected firm will be responsible for operational space programming, hazardous material abatement planning, complete Mechanical, Electrical, Plumbing (MEP) modernization, construction documentation, management of the documentation required to secure LEED certification and additional A/E work to be determined.

Anticipated Project Schedule

The following schedule is tentative and may be altered by the Owner at any time.

January 2027 Award contract

February 2027 Consultation, Investigation, Conceptual Design

February 2027 Registration of project with USGBC for LEED certification

March 2027 City/County/Lib Staff Review and Respond Conceptual Design

April 2027 Schematic Design, Owner’s Schematic Cost Estimate https://www.charlottesville.gov/Minority-Business-Program

May -- June 2027 City/County/Lib Staff Review and Respond Schematic Design

July 2027 Schematic Design Contingency

August – September 2027 Design Development (DD), Owner’s DD Cost estimate

October 2027 City/County/Lib Staff Review and Respond Design Develop

November – January 2028 Construction Documents (CD)

January – February 2028 CD Design Contingency

March 2028 City/County/Lib Staff CD review, Owner’s Final Cost Estimate

April 2028 Invitation for Bid for Construction

April 2028 Move Library Admin offices to temporary location

May 2028 Award Construction Contract

June 2028 -- July 2029 Construction

August 2029 Move admin and staff back into Central Branch

August -- September 2029 Construction Contingency

December 2029 Project Close-out, As-built documents, Commissioning

Final LEED Submission

B SPECIFIC REQUIREMENTS

The successful offeror (Professional) shall have the ability to provide the following services:

• Lead Architectural Design: Have a proven ability to perform successful public library facility design. For this interior focused project, this requires in-depth knowledge and experience of relevant operational, safety, and user experience consideration - related to state-of-the-art public library design. As project lead, responsibilities will include, but not be limited to: having a strong foundation in library building design as well as space management principles representative of best practices for the profession; having a proven ability to creatively design projects that meet cost and program objectives as well as comply with relevant codes; having a strong sensibility and experience regarding context-appropriate design for buildings to be constructed in design control districts; and, having the ability to coordinate and manage all participating consultants and sub-consultants associated with the project which may include the following:

o Mechanical/Electrical/Plumbing (MEP): Including, but not limited to – having a proven ability to design, model, and specify code compliant MEP systems that meet, or exceed, performance requirements specified by best practice methods for each respective industry, or, criteria established by the Owner; have experience in library design; and, have the ability to coordinate their design efforts in conjunction with, and in support of, targeted LEED goals for the project.

o Communications & Security Systems: Including but not limited to – having a proven ability to design, and specify communications & security systems that meet, or exceed, performance requirements specified by best practice methods for each respective industry, or, criteria established by the Owner; and, have strong experience in public library design and the associated challenges with alerting and security systems, CCTV, telecom, paging, and access control.

o Structural Engineering: Including but not limited to - having a proven ability to design and specify structural building systems that meet, or exceed, performance requirements specified by best practice methods for the industry and relevant codes; have the ability to coordinate their design efforts in conjunction with and in support of targeted LEED goals for the project.

o Civil Engineering/Site Design/Traffic Engineering: Including but not limited to – having a proven ability to engineer and develop code compliant storm water management design, pedestrian and vehicular traffic engineering to City of Charlottesville standards; have the ability to coordinate their design efforts in conjunction with and in support of targeted LEED goals for the project.

o Fire Safety Design: Including but not limited to – having a proven ability to provide design and engineering services for complete code compliant installation of fire safety components such as sprinkler and alarm systems as needed.

o Utilities Design: Including but not limited to - having a proven ability to provide design and engineering services for complete code compliant installation or modification of any required and/or affected utilities which may be encountered on the project site.

o Building Systems Commissioning: Provide the skilled services of a building commissioning expert to perform all required commissioning of the building and energy-using systems as prescribed by

LEED.

o Landscape Architecture: As needed.

o Interior & Graphic Design: Have a proven ability to design and specify interior finishes, colors, casework, furniture etc. that functionally and esthetically compliment the overall goals of the design and usage programs of the facilities; provide environmental graphic design (signage); have the ability to coordinate their design efforts in support of LEED and building/zoning code requirements.

• LEED: Including but not limited to – a thorough understanding of the LEED certification process for construction/renovation projects similar in size, scope, and certification goals as this project ; having LEED

Accredited Professional(s) employed, directly or indirectly, by the Design Professional and relevant parts of the project team; and possessing a thorough understanding of the registration, design, construction, and submittal/verification components of the project pertaining to the LEED certification process. The

Professional will be responsible for LEED project registration (including related fees), design, tracking, documentation, and submissions (including related fees), including responding to reviewer comments.

• Construction Cost Estimating: The Professional will be responsible for designing the project to meet a specific construction budget target. The Owner will contract directly with a third-party cost estimating firm to monitor and validate the design and its estimated construction cost. The Owners’ third-party cost estimates will be scheduled to occur at the conclusions of the Preliminary Design, Design Development, and Construction Document phases.

• Construction Administration: Including but not limited to - the proven ability to provide ongoing construction administration for the project as specified within Attachment B - Scope of Professional

Services - Design Phases RFP 27-42 and the proven ability to specify and provide timely advice as related to third party testing, commissioning, RFIs, etc.

• Participation of a Local Architect: The Owner requires that a local architecture firm participate on the design team as either Lead Architect (if so qualified and experienced), or, as a sub-consultant to the Lead

Architect.

• Other Disciplines: As recommended for a complete and successful project.

C DESIGN PHASES

Additional information on the requirements for each design phase can be found under Attachment B - Scope of

Professional Services - Design Phases RFP 27-42.

VI PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

A GENERAL INSTRUCTIONS

A. RFP Response: In order to be considered for selection, Offerors must submit a complete response to this

RFP (“Proposal”).

1. One proposal submitted to the City electronically through the City's OpenGov Procurement portal.

2. In addition, should the proposal contain proprietary information, submit one redacted version (with applicable file name) with proprietary portions removed or blacked out marked “Redacted Copy”.

These items must be submitted to the City as a complete sealed proposal. No other distribution of the proposal shall be made by the Offeror.

Proposals must be submitted prior to the date and time stated in the solicitation. No consideration will be given to proposals not submitted by the deadline. It is the responsibility of the Offeror to ensure timely and correct submittal of proposal.

B. Proposal Preparation:

1. Proposals shall be signed by an authorized representative of the offeror.

2. Each Proposal must be and remain valid for a period of at least sixty (60) days from the date set by this

RFP for receipt of Proposals.

3. All information requested or required by this RFP must be submitted. Failure to submit all information requested may affect the overall rating of the Offeror’s proposal.

4. Proposals should be prepared simply, providing a clear, straightforward, concise description of the

Offeror’s qualifications and suitability to provide the required services, and of the Offeror’s capabilities, in all respects, to perform fully the requirements of this RFP, and the Offeror’s integrity and reliability that will assure good faith performance of the Project requirements.

5. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub-paragraph, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub-paragraph number should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner may receive a lower score if the evaluators are unable to find where the proposal specifically addresses the

RFP requirements.

6. As used in this RFP, the terms "must", “will” and "shall" identify mandatory requirements. Items labeled as "should" or “may” are highly desirable, and are preferred. Depending on the overall quality and completeness of a Proposal, inability of an Offeror to satisfy a "must", “will” or "shall" requirement may not automatically remove that Offeror from consideration; however, it may affect the overall rating of the Offerors’ proposal.

7. All proceedings, records, contracts and other records relating to this procurement transaction shall be open to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the

Virginia Freedom of Information Act; however, the offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted.

The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. Offerors, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed, but prior to award, except in the event that the City decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of a contract by the City.

8. All costs of proposal preparation and presentation shall be borne by each Offeror. The City is not liable for any cost incurred by the offeror prior to issuance of a contract.

C. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the City. This provides an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The

City will schedule the time and location of these presentations. Oral presentations are an option of the City and may or may not be conducted.

B SPECIFIC PROPOSAL INSTRUCTIONS

Proposals should be as thorough and detailed as possible so that the City may properly evaluate your capabilities to provide the required goods/services. Offerors are required to submit the following items as a complete proposal:

A. Section 1 – Methodology/Specific Plan: Provide a description of methodology of the Offeror's design and management processes incorporating an understanding of the goals and criteria of this project and how the

Offeror intends to meet those goals and criteria.

Provide a specific plan for providing the services including:

o Research and Data Gathering: Detail how the firm would discover, define, and design to the needs of the Library. Describe steps to thoroughly examine existing conditions of facilities- attempting to uncover unexpected conditions that might result in change orders and project delays.

o Programming, Preliminary Design and Design Development: Detail quality control and quality assurance standards and practices, including steps taken to ensure stakeholder's needs to be captured in design documents, which are clear and not open to interpretation. Provide examples of innovative design practices resulting in clear and concise project documents where change orders were minimal.

o Construction Administration and Close-Out: Detail the firm's quality control and efficiency in processing submittals, Requests for Information, Architect’s Supplemental Instructions, bulletins, sketches and change order reviews.

▪ Outline a plan that demonstrates a strategy for phasing and logistics in a limited-space urban environment that takes surrounding businesses and communities into consideration.

o General Requirements:

▪ Confirm the firm's understanding of the current project timeline and affirm the firm's continued ability to provide all services detailed herein throughout the entirety of the project.

▪ Provide information on your firm's experience in participating in the Construction Manager at

Risk (CMAR) delivery method. Confirm your willingness and approach to working within this delivery method should CMAR be utilized.

▪ Provide any plan to utilize small businesses and businesses owned by women and minorities and service-disabled veterans to encourage their participation in the City's procurement activities.

B. Section 2 – Experience: Provide a written narrative statement to include:

o Staffing: Provide the names and resumes of staff to be assigned to the project.

▪ Resumes should include qualifications, degrees, certifications, experience and licenses of key employees, consultants, and sub-consultants to be assigned to the project.

▪ Provide the length (time and number of projects) of relationship the Offeror has with the proposed employees, consultants, and sub-consultants.

▪ Confirm the capability of the proposed staff, consultants, and sub-consultants to perform the services needed within the timeframe designated and provide assurance that the continuity of the consulting team will be maintained and not changed without prior approval of the City.

o Experience: Provide the following:

▪ Detailed descriptions of prior experience with projects having a similar scope and complexity, to include description of the situation or problem, the implemented solution and the results.

▪ Demonstrate successful experience providing the following:

• Complete design and administration for a minimum of two (2) Libraries

• Design services for a minimum of two (2) historical facilities

• Designing projects in a dense urban environment

• Designing multi-phase projects

• Designing multi-jurisdictional projects

• Meeting RFI response time within the time frame outlined in project specifications

▪ Demonstrated performance on projects as follows:

• Experience designing and administering a minimum of three (3) projects with construction values that exceed $20,000,000.

• A minimum of two (2) construction projects over $20,000,000 in value that finished on schedule

• Conformance to design schedule on a minimum of two (2) construction projects over

$20,000,000 in value

• A minimum of two (2) construction projects over $20,000,000 in value with total change order amounts attributable to A/E errors and omissions of less than 5% of construction value o References: Provide at least, but not limited to, four (4) references for which work of a similar nature to that described herein was performed within the past three years. The references should include the name, title, address, phone number, and email for the person on the owner’s team most intimate with the details of project being referenced. See section 1.3 - References in the Offeror's Questionnaire to provide reference information.

o Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or 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 or 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 or proposal a statement describing why the bidder or offeror is not required to be so authorized.

VII EVALUATION AND AWARD CRITERIA

Proposals shall be evaluated by the City of Charlottesville using the following criteria:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Methodology

Specific plans or methodology to be used to perform the services. The ability, capacity, and skill of the firm to perform the work described herein in a manner consistent with City goals and standards. This should be addressed in

Section 1 – Methodology/Specific Plan portion of the proposal.

0-5 Points 40 (40% of Total)

2. Qualifications and Experience

Qualifications and experience of Offeror's staff to be assigned to perform the services. The ability, experience, and continuity of the proposed staff, consultants, and sub-consultants to be assigned to the project including the capability of the required staff, consultants, and sub-consultants to perform the services needed within the timeframe designated. The firm must provide assurance that the continuity of the consulting team will be maintained and not changed without prior approval of the City.

Offerors are required to provide current resumes for the individuals that they propose for this project. The resumes must specifically describe their training, certification levels, and experience. This should be addressed in Section

2 – Experience portion of the proposal.

0-5 Points 40 (40% of Total)

3. Strength of Overall Proposal

Overall quality of proposal submitted that specifically addresses the City’s Request for

Proposals including the approach to and understanding of the City’s objectives. This will be a component of the overall proposal.

0-5 Points 20 (20% of Total)

VIII AWARD OF CONTRACT

A. The City shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial proposals, and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. In these discussions, the

Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. In addition, Offerors will be informed of any ranking criteria that will be used in addition to the review of the Offeror’s professional competence. At this discussion stage, the City may discuss with an Offeror nonbinding estimates of total Project costs, including, but not limited to, life-cycle costing, and, where appropriate, nonbinding estimates of price for services. In accordance with Va. Code Sec. 2.2-4342 correctly labeled proprietary information from competing offerors shall not be disclosed to the public or to competitors.

B. At the conclusion of the discussions referenced in Paragraph (A), preceding above, and on the basis of

Evaluation Factors set forth within this RFP and all information developed in the selection process to this point, the City shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Formal negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price.

IX REPORTING AND DELIVERY INSTRUCTIONS

The Successful Offeror shall provide the following deliverables during the execution of this contract:

• Drawings in PDF format (software generated, not scanned) in US National CAD Standard (NCS) Format

• Specification sections (CSI format) in PDF format, complete (software generated, not scanned)

• Drawings & specifications stamped and sealed for bidding & permitting by respective Professionals as required

• A complete list (in Excel format) of all equipment loaded into the BIM model including the ID number and location within the model

X PRE-PROPOSAL CONFERENCE

There will be a Pre-Proposal Conference at JMRL Central Library, 201 E Market St, Charlottesville, VA 22902, Second floor, Swanson Case Courtroom on Monday, October 26, 2026 starting at 1:30 pm. Attendance is Non-

Mandatory.

XI GENERAL TERMS AND CONDITIONS

A ANNOUNCEMENT OF AWARD

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.

https://www.charlottesville.gov/purchasing

B 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.

C ASSIGNMENT OF CONTRACT

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

D AVAILABILITY OF FUNDS

The City’s obligation under a contract awarded as a result of this procurement transaction shall be expressly contingent upon the availability and appropriation of public funds to support the City’s performance thereof.

E CHANGES TO THE CONTRACT

Changes can be made to the contract in any of the following ways per the Virginia Public Procurement Act and 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 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.

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:

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

2. 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

3. By ordering, in writing, 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 permitted 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 verify costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the City within 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 "Contractual Claims" provision of this contract.

F CONTRACTS REQUIRED

Following award of a contract resulting from this procurement transaction, the successful Offeror shall be required to enter into a written contract with the City. The contract shall include the requirements of this RFP, any additional terms and conditions negotiated by the parties, and shall set forth the fair and reasonable price agreed to by the parties.

G CLARIFICATION OF TERMS

The City will assume no responsibility for oral instructions or suggestions regarding this RFP. Any question regarding the solicitation documents and/or specifications shall be submitted directly through the Questions &

Answers section of OpenGov, and any material change will be provided 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 RFP due date and time. Questions submitted beyond this timeframe may or may not be answered by the City, in the City's sole discretion.

H CONTRACTUAL CLAIMS

Contractor must notify the City in writing of its intention to file a claim at the time of the occurrence of the incident or the beginning of the work upon which the claim is based. Claims must be submitted in writing within 60 days after final payment by the City. In some cases, the decision may be appealed through the City’s administrative appeals process. The process for filing contractual claims and appeals is described in the City's Contract Claims

Resolution Policy, which is incorporated herein. 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).

I 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, and they are not an agent of any person or entity that is currently so debarred. If a non-debarred bidder/offeror entity is used for the purpose of circumventing the debarment status of another bidder/offeror, the non-debarred bidder/offeror will be debarred for the same time period as the previously debarred bidder/offeror.

J DEFAULT

The contractor is in default upon any material failure to comply with the terms of the contract. In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City, after written notice to the contractor, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs.

K DRUG-FREE WORKPLACE CLAUSE

Applicable for all contracts over $10,000. During the performance of any contract resulting from this solicitation, 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; (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 this paragraph in every subcontract or purchase order of over $10,000, so that such provisions will be binding upon each subcontractor or vendor. 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.

L ETHICS IN PUBLIC CONTRACTING

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.

M GOVERNING LAW AND VENUE

This procurement transaction and any resulting contract shall be governed by the Code of the City of Charlottesville and the laws of the Commonwealth of Virginia. Any litigation arising out of this procurement transaction must be brought and prosecuted in the federal, state, or local court(s) having jurisdiction within the City of Charlottesville.

https://www.charlottesville.gov/DocumentCenter/View/539/Vendor-Appeal-Procedures-PDF https://www.charlottesville.gov/DocumentCenter/View/539/Vendor-Appeal-Procedures-PDF

N IDLING REDUCTION REQUIREMENT

Contractors are required to comply with the City of Charlottesville’s Idling Reduction Policy for Motor Vehicles and Equipment, policy number 100-12. This policy can be made available to any Bidder/Offeror by submitting an email request to purchasing@charlottesville.gov.

O IMMIGRATION REFORM AND CONTROL ACT OF 1986

The bidder/offeror shall not, during the performance of the Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

P INDEMNIFICATION

Professional agrees to indemnify and hold harmless the City and all of its officers, employees, agents, and volunteers from and against any and all liability, claims, losses, or expenses including attorney’s fees and litigation expenses suffered by the City and any of its officers, employees, agents, or volunteers arising out the negligent acts, errors, or omissions, recklessness or intentionally wrongful conduct of the Professional in the performance of work required by this Contract. Notwithstanding any other provision of this agreement, Professional shall not be required to indemnify or hold harmless the City, or any of the City’s officers, employees, agents, or volunteers from or against any liability for damages suffered in the course of the performance of this

Contract caused by or resulting solely from the negligence of the City or third parties.

Q INSURANCE REQUIREMENTS

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.

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

E. Professional Liability - Amount: $2,000,000. Per claim. Required if the scope of work includes providing advice or consultation related to the following fields, which are examples and not exclusive: legal, banking, medical, programming, design (including construction design), architecture, engineering, and advice or consultation by professionals with extensive education and/or licensing to perform their duties. If the Code of Virginia provides applicable maximum recovery amounts (for example, amounts recoverable in medical malpractice suits), the coverage amount must be equal to or more than those statutory amounts, or the amount listed above, whichever is greater.

F. Cyber Liability - Does not apply.

G. Abuse and Molestation Liability - Does not apply.

H. Pollution Liability - Does not apply.

I. Explosion, Collapse, and Underground Property Damage Liability - 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.

R NONDISCRIMNATION

By submitting their bids, bidders certify to the City that they will conform to the Federal Civil Rights Act of 1964, the Virginia Fair Employment Contracting Act of 1975, the Virginians with Disabilities Act, the Americans with

Disabilities Act, and Code of Virginia § 2.2-4343.1(E). During the performance of any contract resulting from this solicitation, the Contractor agrees that the Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, 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. 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. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation are sufficient for the purpose of meeting the requirements of this section. The Contractor will include these provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

S 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 provision of goods/services required by the contract, and shall not be used or disclosed by the Contractor or with any other person or entity except with advance written permission by the City. All documents and electronic media furnished by the Contractor to the City are the sole property of the City, free of any retention rights of the Contractor, and free of any copyright claims, trade secrets, or any other proprietary rights.

T PAYMENT

Any contract resulting from this procurement transaction shall contain prompt-payment provisions consistent with requirements of the Virginia Public Procurement Act.

U PRECEDENCE OF TERMS

The following General Terms and Conditions shall apply in all instances: GOVERNING LAW AND VENUE, NONDISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL

ACT OF 1986, DEBARMENT STATUS, ANTITRUST, CLARIFICATION OF TERMS, PAYMENT. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

V QUALIFICATIONS OF BIDDERS/OFFERORS

The City may make such reasonable investigations as deemed necessary to determine the ability of the bidder/offeror to perform the services/furnish the goods and the bidder/offeror shall provide to the City all such information for this purpose as may be requested. The City reserves the right to inspect bidder’s/offeror’s physical facilities prior to award. 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 qualified to carry out the obligations of the contract.

W 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. Offerors are asked, as part of their submission, to describe any planned use of such business in fulfilling this contract.

X SOVEREIGN IMMUNITY

Nothing contained in this Contract shall be deemed to effect a waiver of the City’s sovereign immunity under law.

Y STATE CORPORATION COMMISSION IDENTIFICATION NUMBER

Pursuant to Code of Virginia § 2.2-4311.2(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), or a statement describing why the bidder is not required to be so authorized.

Z TAXES

Include only taxes applicable to the project in this bid/proposal. The City is exempt from state sales taxes and federal excise taxes. A Certificate of Exemption indicating the City’s tax-exempt status will be furnished upon request.

AA 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. To register, go to .https://www.charlottesville.gov/299/Vendor-Registration.

BB VIRGINIA GOVERNMENTAL FRAUDS ACT

Each bidder/offeror is subject to the Virginia Governmental Frauds Act and is required to submit a certification that its bid/proposal, or any claim resulting therefrom, is not the result of, or affected by, any act of collusion with another person engaged in the same line of business or commerce, or any act of fraud punishable under the

Act. Any bidder/offeror who knowingly makes a false statement on the Certification of No Collusion shall be guilty of a felony, as provided in Code of Virginia § 18.2-498.4.

XII SPECIAL TERMS AND CONDITIONS

A AMERICANS WITH DISABILITIES ACT

Does not apply.

https://www.charlottesville.gov/299/Vendor-Registration

B AUDIT

The Contractor shall retain all records related to this contract for five years after final payment, or until audited by the City, whichever is sooner. The City and its authorized agents or auditors may inspect these records upon reasonable notice and shall have full access to and the right to examine any of said materials during said period.

C CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION

Does not apply.

D LIMITATION OF LIABILITY

Does not apply.

E NON-VISUAL ACCESS TO TECHNOLOGY

Does not apply.

F RECORD KEEPING

Does not apply.

G RENEWAL OF CONTRACT

Does not apply.

H SECURITY LICENSE

Does not apply.

I SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION

Does not apply.

J TERMINATION OF CONTRACT

The City may terminate any agreement resulting from this solicitation at any time, for any reason, upon 30 days’ advance written notice to the Contractor. In the event of such termination, the Contractor shall be compensated for services and work performed prior to the effective date of the termination. Receipt of the notice does not affect

Contractor’s obligations under the contract, including fulfillment of outstanding orders, up to the effective date of the termination.

XIV OFFEROR QUESTIONNAIRE

1. OFFEROR INFORMATION

1.1. OFFEROR'S PRIMARY CONTACT*

Please enter the following information for the primary contact for this proposal even if the same as on the profile submitting:

• Full Name

• Title

• Phone Number

• Email Address

*Response required

1.2.