852185toiletCville.pdf

REQUEST FOR PROPOSAL

(RFP)

Issue Date: Friday, October 30, 2026

RFP 27-50

Title: PORTABLE TOILET RENTAL AND SERVICES

Issuing Agency: City of Charlottesville Parks & Recreation Department

Request for Proposal Release Date October 30, 2026

Proposal Submission Deadline November 23, 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

November 23, 2026. Proposals received after the stated deadline will not be considered. No telephoned, faxed, emailed, hand-delivered, or mailed proposals 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

RFP 27-50 – PORTABLE TOILET RENTAL AND SERVICES

TABLE OF CONTENTS FOR RFP 27-50 – PORTABLE TOILET RENTAL AND 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. Pricing

XIV. Offeror Questionnaire

Attachments:

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

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 purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiation for the rental of portable toilets of various sizes and the provision of maintenance services on an as-needed basis.

II TERM

Contract shall be for one year beginning date of ratified contract with the option to renew under the terms of the original agreement for up to four additional one year terms if agreed upon in writing by both parties.

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

OMITTED.

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 PORTABLE TOILET RENTALS

• The successful offeror shall provide a detailed list of the various types of portable toilets available for rent.

• Items listed shall be accompanied by the cost to rent.

• The successful offeror should identify details including size, whether a model is ADA handicapped accessible, and whether it is accompanied by a sink or sanitizing station inside.

• The successful offeror should provide a detailed account of other amenities that may accompany a portable toilet rental at no charge, as well as amenities that may accompany the rental at an additional cost.

B QUALITY OF PORTABLE TOILETS

The successful offeror shall confirm that they can provide all listed portable toilets with:

• Functional locking mechanisms

• Working hinges

• No damage that would hinder the privacy of the user

• No graffiti

C ASSOCIATED ITEMS FOR RENT

• The successful offeror should provide a detailed list of the various items for rent that may accompany the portable toilet rental (i.e. foot pedal handwashing stations…etc.).

• Items listed shall be accompanied by the cost to rent.

D SERVICES PROVIDED

The successful offeror shall provide a detailed account of maintenance practices to include:

• Frequency of provision of toilet pumping https://www.charlottesville.gov/Minority-Business-Program

• Frequency of cleaning and disinfecting

• Schedule for adding fresh chemicals and replacing urinal cakes

• Schedule for the replacement of sanitizer and tissue paper

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 Ninety (90) 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 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 specific plan for providing the service including:

o Identify the Goods and Services your firm provides along with a description of the product, price and unit of measurement. Offeror should include size, chemicals used, features included with purchase and the hygiene components that accompany the product. If the product being described is a service, please discuss all elements of the service being provided, including response times and availability.

Additionally, please identify the products that are ADA accessible.

o Provide a description of the quality of the products being offered.

o Detail how quickly rental units (portable toilets, foot pedal sinks, etc.) can be provided.

o Describe the process for ordering rental units and indicate whether a separate process is used to request service changes or additional services.

o Describe hours of operation regarding delivery of rentals and provision of services.

o If after-hours services will be provided if needed, describe the services offered after-hours.

o 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.

A. Section 2 - Experience: written narrative statement to include:

o Experience in providing services described herein.

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.

o 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 offeror must provide assurance that the continuity of the consulting team will be maintained and not changed without prior approval of the

City.

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

o References: Provide at least, but not limited to, four 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.

B. Section 3 - Proposed Price and Payment Terms:

o Submit a detailed price proposal which includes any and all costs associated with providing the service.

o Fees for services including set fees, applicable hourly rates and any other fees and reimbursable expenses.

o Include a summary on your ability to control costs and describe the methodology for calculating fees.

o Provide any additional discounts based on quantities of the rental or duration of need.

o Proposal should clearly state payment terms desired, such as Net 30 days. Such terms as proposed shall be negotiable.

o Proposal should clearly state payment schedule desired. Such scheduled proposed shall be negotiable.

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. Qualifications and Experience

This should be addressed in Section 2 –

Experience portion of the proposal.

0-5 Points 40

(40% of Total)

2. Specific Plans or Methodology

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 30

(30% of Total)

3. Price

This should be addressed in Section 3 –

Proposed Price/Payment Plan portion of the proposal.

0-5 Points 30

(30% of Total)

VIII AWARD OF CONTRACT

The selection process shall be as per § 2.2-4302.2. of the Virginia Public Procurement Act for the procurement of non-professional services. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among all the offerors on the basis of the evaluation criteria, including price. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the City Manager or Purchasing Agent shall select the offeror which in their opinion has made the best proposal, and shall award the contract to that offeror. Should the City Manager or Purchasing Agent, as appropriate, determine in writing and in their sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror.

IX REPORTING AND DELIVERY INSTRUCTIONS

OMITTED.

X PRE-PROPOSAL CONFERENCE

There will not be a Pre-Proposal Conference.

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.

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.

https://www.charlottesville.gov/purchasing

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 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.

G 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).

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

H 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.

I 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.

J 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.

K 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.

L 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.

M IDLING REDUCTION REQUIREMENT

Bidders/Offerors are required to comply with the City of Charlottesville’s Idling Reduction Policy for Motor

Vehicles and Equipment, policy number 100-12. This policy is available online at https://www.charlottesville.gov/DocumentCenter/View/521/Idling-Reduction-Policy-100-12-DOC.

N 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.

O INDEMNIFICATION

Contractor hereby assumes, and shall defend, indemnify, save, and hold harmless the City and all of its officers, agents, employees, licensees, and invitees from and against any and all liability, loss, claim, suit, damage, charge, or expense (including court costs and attorney’s fees), however caused, resulting from or in any way connected with actions of the Contractor in the performance of its obligations under any contract resulting from this solicitation, or https://www.charlottesville.gov/DocumentCenter/View/521/Idling-Reduction-Policy-100-12-DOC which occurs as a consequence of any negligence, omission, or misconduct of the Contractor or any of Contractor’s subcontractors, agents, or employees in the performance of work under said contract, regardless of whether such loss or expense is caused in part by a party indemnified hereunder. This indemnification survives the termination of the contract.

P 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 - Does Not Apply.

E. Professional Liability - Does Not Apply.

F. Cyber Liability - Does Not Apply.

G. Abuse and Molestation Liability - Does Not Apply.

H. Pollution Liability - Amount: $2,000,000. Per claim. Required if the scope of work involves the use (other than in a motor vehicle) or removal of a substance or energy introduced into the environment that potentially has an undesired effect or affects the usefulness of a resource, including but not limited to asbestos, polychlorinated biphenyls, lead, mold, and fuels.

I. Explosion, Collapse, and Underground Property Damage Liability - Does Not Apply.

J. 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.

Q NONDISCRIMINATION

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.

R 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.

S PAYMENT

A. To Prime Contractor:

1. The City shall promptly pay for completed delivered goods or services. Unless specified otherwise in the contract, payment will be made within 45 days after the goods or services are received or within 45 days after an invoice is rendered, whichever is later. Within 20 days after the receipt of an invoice for goods or services, the City shall notify the supplier of any defect or impropriety that would prevent payment by the required payment date. In the event the City fails to make payment by the required payment date, the City shall pay finance charges assessed by the supplier, which shall not exceed 1% per month. In cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made.

2. Contractors must provide their social security number or federal employer identification number, as applicable, before requesting payment from the City.

3. Invoices shall be submitted by the Contractor to the payment address shown on the purchase order/contract, and must include the City’s purchase order or contract number.

4. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, final payment is contingent on the City’s determination that the invoiced charges are reasonable. The

City shall promptly notify the contractor, in writing, as to those charges that it considers unreasonable and the basis for the determination. Payment for those charges will be suspended until a settlement is reached. Contractor may not take legal action regarding the disputed charges unless a settlement cannot be reached within 30 days of notification.

B. To Subcontractors:

The Contractor, within seven days after receipt of amounts paid to the Contractor by the City for work performed by the subcontractor under the contract, shall take one of the two following actions: (a) pay the subcontractor for the proportionate share of the total payment received from the City attributable to the work performed by the subcontractor under the contract; or (b) notify the City and subcontractor, in writing, of the Contractor’s intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment. The Contractor shall pay interest to the subcontractor on all amounts owed by the

Contractor that remain unpaid after seven days following receipt by the Contractor of payment from the

City for work performed by the subcontractor under the contract, except for amounts withheld as described above. The Contractor shall require subcontractors to include the terms of this section in all contracts with other subcontractors.

T 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.

U 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.

V 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.

W SOVEREIGN IMMUNITY

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

X 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.

Y TAXES

Include only taxes applicable to the project in this proposal. 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.

Z 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.

AA TRANSPORTATION AND PACKAGING

All prices submitted must reflect that any required goods will be transported as “FOB Destination - Freight Prepaid and Allowed.” By submitting their bids/proposals, all bidders/offerors certify that the price offered for FOB

Destination includes only the actual freight rate costs at the best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

BB 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. Failure to furnish adequate data for evaluation purposes may result in a finding that the bid is 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.

CC 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 cannot be processed to a non-registered vendor. To register, go to https://www.charlottesville.gov/299/Vendor-Registration.

DD 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.

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.

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

C CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION

Does not apply.

D COOPERATIVE CONTRACTING

This procurement is being conducted on behalf of other public bodies, in accordance with Code of Virginia § 2.2-

4304. Unless specifically prohibited by the bidder/offeror, any resultant contract may be extended to any public body to permit those public bodies to purchase in accordance with the terms, conditions, and specifications of this bid/proposal at contract prices. The successful bidder/offeror shall deal directly with each public body with regard to order placement, delivery, invoicing, and payment.

E LIMITATION OF LIABILITY

Does not apply.

F MAINTENANCE MANUALS

Does not apply.

G NON-VISUAL ACCESS TO TECHNOLOGY

Does not apply.

H ORDERING OPTION

Does not apply.

I PREVENTITIVE MAINTENANCE

Does not apply.

J PRINTING

Does not apply.

K PRODUCT SUBSTITUTION

Does not apply.

L QUANTITIES

Quantities set forth in this solicitation are estimates only, and the contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

M RECORD KEEPING

Does not apply.

N RENEWAL OF CONTRACT

Contract shall be for one year beginning date of ratified contract with the option to renew under the terms of the original agreement for up to four additional one year terms if agreed upon in writing by both parties. Prior to the expiration date of the initial contract or any subsequent renewal, the Contractor may request price adjustments to be effective during the upcoming contract period. Price increases shall be limited to no more than the percentage increase in the Consumer Price Index, Urban Wage Earners and Clerical Workers (CPI-W), U. S. City Average, All

Items, Not Seasonally Adjusted, for the most recently published twelve months as published by the U. S.

Department of Labor, Bureau of Labor Statistics. The base price to which any adjustments will be made shall be the prices in effect during the contract term prior to the proposed term. The City reserves the right to negotiate increases in excess of validated CPI if deemed to be fair and reasonable and in the best interest of the City.

O SDS

A Safety Data Sheet (SDS) is required for all chemicals proposed to be furnished during the performance of this contract. The SDS must list all ingredients that constitute more than 1% of the product, or 0.1% 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; and specify exposure limits, precautionary measures, and emergency and first aid procedures.

P SECURITY LICENSE

Does not apply.

Q SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION

Does not apply.

R 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.

S USE OF RECYCLED MATERIALS

Does not apply.

T WARRANTY

Does not apply.

U WARRANTY (COMMERCIAL)

Does not apply.

V WORK SITE DAMAGES

Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the City’s satisfaction at the contractor’s expense.

XIII PRICING

Pricing/Cost Information shall be submitted by Offeror within uploaded proposal documents as required by the

Offeror Questionnaire.

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. YEARS IN BUSINESS*

Please indicate the length of time (in months and years) the company has been in business providing this type of good or service.

If your company has not yet been in business for 1 full year, please still state 0 years and the number of months.

EXAMPLE:

0 Years and 9 Months

*Response required

1.3. REFERENCES*

Indicate a listing of at least four (4) current or recent accounts, either commercial or governmental, that your company is servicing, has serviced, or has provided similar goods. For each entry please be sure to Include:

• Entity Receiving Service(s) or Good(s)

• Point of Contact Name of Individual at Entity

• Point of Contact Title

• Phone Number of Point of Contact Name

• Email Address of Point of Contact Contact Name

• Location of Service or Goods with valid Physical Address

• Start and End Date of Service(s), include overall length of continuous Service or Frequency of Service within given timeframe

• Estimated Total Dollar Value of Service Between Start and End Dates

*Response required

1.4. STATE CORPORATION COMMISSION FORM*

Select one of the below options. If Option 1 is selected, please provide your entity's Virginia SCC identification number in the next question. If any other option is selected, input "N/A" in the next question.

☐ is a corporation or other business entity with the following Virginia SCC identification number:

☐ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust

☐ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder/offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder/offeror’s out-of-state location)

☐ is an out-of-state business entity that is including with this bid/proposal an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s/offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of Code of Virginia

§13.1-757 or other applicable law. Attach opinion of legal counsel in bid/proposal documents.

☐ Check the following box if you have not completed any of the foregoing options but currently have pending before the Virginia SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids/proposals (the City reserves the right to determine in its sole discretion whether to allow such waiver).

*Response required

1.5. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER*

Enter your entity's SCC number if you are registered with the Virginia SCC. If not, enter N/A.

2. SMALL-, WOMEN-, MINORITY-MICRO, EMPLOYMENT SERVICES ORGANIZATIONS, AND

VETERAN-OWNED BUSINESS OBJECTIVES

It is an important business objective of the City of Charlottesville to promote the economic enhancement of small businesses (SBE) and micro businesses (O), women-owned businesses (WBE), minority-owned businesses (MBE), employment services organization (ESO) and veteran-owned businesses (VBE). The City’s ability to track the amount of business received by SBE, O, WBE, MBE, ESO, and VBE businesses, whether as a prime contractor or a subcontractor, is dependent upon the business community partnering with us in this important endeavor.

If you anticipate subcontracting to any of these businesses in the performance of this contract, you are requested to report the total dollars anticipated to be subcontracted to each type of business. Failure to provide this information may result in the application of stronger requirements on bidders to assure that SBE, O, WBE, MBE, ESO, and VBE businesses receive benefits from City contracts.

2.1. SBE, O, WBE, MBE, ESO OR VBE*

If you or your corporation/company/partnerships are a SBE, O, WBE, MBE, ESO, or VBE, please check the applicable following boxes. If you do not meet the requirements for any of those options, please select "NONE".

Select all that apply

☐ SBE

☐ O

☐ WBE

☐ MBE

☐ ESO

☐ VBE

☐ None

*Response required

2.2. CERTIFICATION # AND EXPIRATION DATE

If your answer to the previous question indicates that you or your corporation/company/partnership are one or more of the options (SBE, O, WBE, MBE, ESO, or…