CITY OF BRISTOL, VIRGINIA

Request for Proposal (RFP)

Purchase and Development of City Owned Property

RFP # CM-27-001

Issue Date: August 21, 2026

Due Date: November 5, 2026

CITY OF BRISTOL, VIRGINIA

300 LEE STREET

BRISTOL, VA 24201

276-645-7328

City of Bristol, Virginia Request for Proposal (RFP)

Purchase and Development of City Owned Property RFP # CM-27-001

TABLE OF CONTENTS

1. INTRODUCTION

2. CALENDAR OF EVENTS

3. QUESTIONS REGARDING PROPOSAL

4. PROPERTY INFORMATION AND BACKGROUND

5. COMMUNITY DESCRIPTION

6. PROPOSAL

7. ORAL PRESENTATION

8. SELECTION CRITERIA

9. SELECTION PROCESS/AWARD OF CONTRACT

10. REJECTION OF PROPOSALS

GENERAL TERMS AND CONDITIONS

SPECIAL TERMS AND CONDITIONS

APPENDIX A: FORMS

SCC Form

1. INTRODUCTION

The City of Bristol, Virginia (the “City”), invites qualified developers to submit proposals for the purchase and development of two city owned properties; former

Highland View Elementary School located at 1425 Eads Avenue and former Washington

Lee Elementary School located at 185 Washington Lee Drive.

The City is interested in maximizing the use of the site(s) and is seeking innovative proposals that represent the highest and best use of the site that aligns with the community’s long-term goals and expands the local tax base. Developers may submit proposals on one or both properties.

2. CALENDAR OF EVENTS

Issuance Date 08/21/2026

Inquiries Deadline 10/01/2026 at 10:00 a.m. (EST)

Addendum Release On or about 10/08/2026 (if applicable)

Due Date 11/05/2026 at 2:00 p.m. (EST)

Interviews/Negotiations TBD

Award Notification TBD

3. QUESTIONS REGARDING PROPOSAL

If any prospective Offeror has questions or inquiries about the specifications or other solicitation documents, the prospective Offeror should contact Hannah Perry, Deputy

Finance Director at hannah.perry@bristolva.gov by 10:00 a.m. on October 1, 2026. No changes resulting in questions are official unless issued in writing in the form of an addendum. Absolutely NO contact shall be made by the vendor with any member of the

Response Evaluation Committee. Violation will result in rejection of the proposal. The individual named above is the sole contact for any and all inquiries after this RFP has been released.

4. PROPERTY INFORMATION AND BACKGROUND

The properties offered for redevelopment previously served as elementary schools to the

Bristol community. Both closed their doors in June of 2024 after the City built a consolidated elementary school campus. The properties have been vacant since

December 2025. However, utilities have remained connected and operational.

The properties are being sold “as is-where is.” Both properties are zoned R-3, Moderate

Density Residential. Included is a link to the residential uses section of the zoning ordinance: Residential Uses Section of Zoning Ordinance.

The City has not conducted a title search and strongly advises any successful Proposer to conduct a title search.

mailto:hannah.perry@bristolva.gov https://library.municode.com/va/bristol/codes/code_of_ordinances?nodeId=PTIICO_CH50LAUS_ARTIIZO_DIV3LAUS_S50-31REDI

Highland View Elementary School was built in 1937 and sits on approximately 2.83 acres of land. The brick building consists of three levels and approximately 36,750 square feet. It currently contains a gym, cafeteria, several offices and classrooms.

Statistical is data provided for your convenience. Proposer shall verify.

Interpolated Longitude (X) Coordinates: -82.164990807605

Interpolated Latitude (Y) Coordinates: 36.607504539954

Tigerline ID: 154380434

Tigerline ID Side: R

Opportunity Zone: Yes

IA Qualified: Yes

ERP-Eligible Census Tract: Yes

CDFI Investment Area: Yes

Severe COVID Impact/Low Community Resilience: Yes

NMTC Qualified: Yes

Severe Distress Tract: Yes

NMTC Qualified by Poverty Rate: Yes

NMTC Qualified by Median Income: Yes

Transit Service: Yes

Utilities: Electric, Water, Sewer, Broadband Connectivity

Washington Lee Elementary School was built in 1968, sits on approximately 8.34 acres, and is approximately 43,115 square feet. This building consists of three levels and contains a gym, cafeteria, library and several offices and classrooms.

Statistical data is provided for your convenience. Proposer shall verify.

Interpolated Longitude (X) Coordinates: -82.17828156575

Interpolated Latitude (Y) Coordinates: 36.596067285389

Tigerline ID: 15347893

Tigerline ID Side: R

Opportunity Zone: No

IA Qualified: No

ERP-Eligible Census Tract: No

CDFI Investment Area: No

Severe COVID Impact/Low Community Resilience: No

NMTC Qualified: No

Severe Distress Tract: No

NMTC Qualified by Poverty Rate: No

NMTC Qualified by Median Income: No

Transit Service: No

Utilities: Electric, Water, Sewer, Broadband Connectivity

5. COMMUNITY DESCRIPTION

The City of Bristol, Virginia, is located along Interstate 81 in Southwest Virginia adjacent to Bristol, Tennessee. The City has a population of approximately 17,219 and lies within the Bristol VA/TN/Kingsport Metropolitan Statistical Area (MSA). Bristol’s rich history is reflected in its vibrant downtown, strengthened and supported by its unique community and tourists. Bristol is a city that is divided between Virginia and Tennessee.

Both municipalities operate separately with some overlapping responsibilities and departmental coordination. Bristol is recognized as the birthplace of country music and opened a Smithsonian Institute affiliate museum in 2014 celebrating the City’s musical heritage. The museum continues to thrive today. State Street, which also serves as the state line between Virginia and Tennessee, hosts a multitude of businesses. Loft apartment and condos further enrich the growing downtown community. Bristol has promoted tourism and retail development through the establishment of a Main Street district, a Tourism Zone, and an Arts and Entertainment district.

Located adjacent to Interstate 81, Bristol, Virginia has four interchanges providing access to businesses, neighborhoods, industrial areas, and downtown. In recent years, The Hard

Rock Casino has opened in Bristol Virginia on Gate City Highway off of Exit 1 and includes a hotel, several eateries and a music venue.

In addition to I-81, Bristol is served by the main line of the Norfolk Southern Railroad – the railway being the main reason for the founding of the City in 1856 – and the Tri-

Cities Airport (TRI) in nearby Blountville, Tennessee. The city operates numerous parks, including the 400-acre Sugar Hollow Park on the northeastern edge of the city, and the

Randolph Complex with football stadium.

6. PROPOSAL

A complete, concise (maximum 30 pages) and professional response will enable the City to identify the preferred Developer, or Developers, who will meet the partnership objectives set by the City as part of this project. The proposal must demonstrate that the approach, design, and financing plan for the proposed project will allow for successful development and delivery.

A. Format of the Proposal –The Offeror is required to submit the following items as a complete proposal:

1. Title Page – Show the RFP title, the name of the proposing firm, local address, telephone number, name of contact person, email address and date.

2. Introduction Letter – Proposals shall have an introduction letter signed by an authorized representative of the Firm.

3. Description of the Developer’s proposed project.

a) Include preferred parcel or parcels

b) Proposed land use(s)

c) If housing is proposed, provide the number of units and configurations (# of bedrooms), and whether the housing is expected to be provided at market rates, or if public subsidies is expected.

d) Proposed development phasing

4. Conceptual (very rough) site plan

5. Provide names and resumes of the Development Team and the relationship of team members

6. Provide relevant examples (photos, dates completed, project cost) of projects completed by the Development Team

7. Description of the benefit(s) your proposed project brings to the City including, but not limited to:

a) Land sale price offer to purchase the site;

b) Projected property tax revenues from the project;

c) Projected sales tax revenues or other revenues from the project (if applicable);

d) Projected number of direct jobs (if applicable); and

e) Other benefits to the City.

8. Proposed schedule for predevelopment analysis, permitting, construction, etc.

9. A statement that the individual signing the proposal is authorized to make decisions as to the details of the proposal for the Developer and all of the partners and/or teams members associated with the Proposal.

10. Demonstrated access to financial capital to complete the Project.

11. Any other information the Developer finds relevant to the process.

12. Completed SCC Form shall be submitted and is required. See Appendix A.

B. Deadline for Submission – To be considered for selection, the Offeror must submit a complete response to the Request for Proposal. One electronic copy of the proposal document on a USB flash drive, along with one (1) original and three (3) paper copies of each proposal must be submitted, in a sealed envelope, to:

City of Bristol, Virginia

Attn: Tammy M. Jones, Chief Financial Officer

City Hall, 300 Lee Street

Bristol, Virginia 24201

Envelopes should be labeled with the following information:

Name and Address of Offeror

Due Date: November 5, 2026

Time: 2:00PM, EST

RFP # CM-27-001

RFP Title: Purchase and Development of City Owned Property

No faxed or electronically submitted proposals will be accepted. Those wishing to submit electronically may do so via the eVA procurement platform while also submitting the required paper copies to the City by the due date. Proposals will not be accepted after the closing date and time. All proposals shall become property of the City and will not be returned.

The City reserves the right to reject any and all proposals, to waive formalities or irregularities, and to negotiate with the proposal submitter as determined to be in the best interest of the City.

The City is not responsible for costs associated with the preparation of any proposal.

7. ORAL PRESENTATION

The Response Evaluation Committee may require an oral presentation by the responding firm(s). The purpose of an oral presentation is to provide an opportunity for the firm to explain or clarify specific questions relating to the proposal. The Response Evaluation

Committee will schedule mutually convenient times for oral presentations. The written proposals must be complete in all respects, even though oral presentations may be scheduled.

8. SELECTION CRITERIA

A. Creativity and quality of the proposed development (15%)

B. Alignment with community and city planning goals (10%)

C. Design compatibility with surrounding neighborhood (10%)

D. Developer qualifications and experience (15%)

E. Long-term benefit to the city and community (20%)

F. Proposed schedule for implementing the proposed development (15%)

G. Financial feasibility and strength of funding sources (15%)

Preference will be given for proposals that

a. Show a project completion within a two-year time frame

b. Show the highest & best use of the property

9. SELECTION PROCESS/AWARD OF CONTRACT

The Response Evaluation Committee shall evaluate each proposal using the Selection

Criteria and per the Award section listed in the Special Terms and Conditions of this

RFP.

10. REJECTION OF PROPOSALS

The City reserves the right to reject any or all proposals, to waive informalities or irregularities, and to contract as the best interest of the City may require.

GENERAL TERMS AND CONDITIONS

1. VENDORS MANUAL

This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors

Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under

“I Sell To Virginia”.

2. APPLICABLE LAWS AND COURTS

This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth.

The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute

Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

3. ANTI-DISCRIMINATION

By submitting their proposals, Offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-

4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, status as military family, 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.

b. 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.

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

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource

Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the

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

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

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

4. ETHICS IN PUBLIC CONTRACTING

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

5. IMMIGRATION REFORM AND CONTROL ACT OF 1986:

Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

6. DEBARMENT STATUS

By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of

Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

7. ANTITRUST

By entering into a contract, the contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia 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 Commonwealth of Virginia under said contract.

8. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR

RFPs

Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

9. CLARIFICATION OF TERMS

If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

10. PAYMENT

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last.

This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. 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, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364.

Upon determining that invoiced charges are not reasonable, the

Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,.

The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of

Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the

Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

i. To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

ii. To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

11. PRECEDENCE OF TERMS

The following General Terms and Conditions VENDORS MANUAL, APPLICABLE

LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986,

DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND

TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. 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.

12. QUALIFICATIONS OF OFFERORS

The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities.

The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the Commonwealth that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

13. TESTING AND INSPECTION

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

14. ASSIGNMENT OF CONTRACT

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

15. CHANGES TO THE CONTRACT

Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any 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.

2. The Purchasing Agency 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, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing

Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

b. 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 Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the

Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia

Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the

Purchasing Agency or with the performance of the contract generally.

16. DEFAULT

In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

17. TAXES

Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.

Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

18. USE OF BRAND NAMES

Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired.

Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The 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 Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a proposal nonresponsive. Unless the offeror clearly indicates in its proposal that the product offered is an equivalent product, such proposal will be considered to offer the brand name product referenced in the solicitation.

19. TRANSPORTATION AND PACKAGING

By submitting their proposals, all offerors certify and warrant that the price offered for

FOB destination includes only the actual freight rate costs at the lowest and 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.

20. INSURANCE

By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer.

Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of

Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design, Inspection or $1,000,000 per occurrence, $3,000,000 aggregate

Abatement Contractors

Health Care Practitioner (to include

Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or

Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

21. ANNOUNCEMENT OF AWARD

Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA

(eva.virginia.gov) and on the City website for a minimum of 10 days.

22. DRUG-FREE WORKPLACE

Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

23. NONDISCRIMINATION OF CONTRACTORS

An offeror or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

24. AVAILABILITY OF FUNDS

It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

25. PROPOSAL PRICE CURRENCY

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

26. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH

A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

27. FORCED OR INDENTURED CHILD LABOR

Applicable in all solicitations and contracts over $10,000:

During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor.

For the purposes of this section, “forced or indentured child labor” means all work or service exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

28. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a contractor organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State

Corporation Commission (SCC). Any contractor 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 proposal a statement describing why the contractor is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the

Commonwealth’s use and acceptance of such form, or its acceptance of contractor’s statement describing why the contractor was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the contractor as demonstrating compliance.

SPECIAL TERMS AND CONDITIONS

1. AWARD

Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the

Request for Proposals, including price, if so stated in the Request for Proposals.

Negotiations shall be conducted with the offerors so selected. The offeror shall state any exception to any contractual terms or conditions, including any liability provisions contained in the Request for Proposal in writing at the time of responding to such Request for Proposal if so requested by the City. Such exceptions shall be considered during negotiation but shall not be used as a basis for scoring or evaluating which offerors are selected for negotiations.

Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The City reserves the right to make multiple awards as a result of this solicitation. The City may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the City determine in writing and in its 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. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

2. PROPOSAL ACCEPTANCE PERIOD

Any proposal in response to this solicitation shall be valid for ninety (90) days. At the end of the days the proposal may be withdrawn at the written request of the offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

3. CANCELLATION OF CONTRACT

The City may cancel the contract without penalty when it is determined to be in the best interest of the City (termination for the convenience of the City). Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

4. AUDIT

The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the City of Bristol, Virginia, whichever is sooner. The City, its authorized agents, and/or auditors shall have full access and the right to examine any of said materials during said period.

APPENDIX A: FORMS

SCC Form

Virginia State Corporation Commission (SCC) Registration Information

The proposer: (Please check one of the following)

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

-OR-

□ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-

□ 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 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 offeror’s out-of-state location) -OR-

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

Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the

Code of Virginia.

**NOTE** Check the following box if you have not completed any of the foregoing options but currently have pending before the 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 proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):

Authorized Signer Date

Printed Name Printed Company Name

Street Address City, State, Zip

Telephone Number Fax Number

Email