REQUEST FOR PROPOSAL

(RFP)

Issue Date: 6/10/2026

RFP#2610001

Title: Term Contract- Professional Services for Roof Design and Construction Administration

Issuing Agency: County of Albemarle

Purchasing Office 401 McIntire Road, Room 248 Charlottesville, VA 22902

Period of Contract: For ONE (1) Year from the Date of Award with the Option for THREE (3) Additional One (1) Year Renewals.

Sealed Proposals will be received until 2:00PM. ET on Wednesday July 8,2026 for furnishing the services described herein.

Proposals received after the announced time and date for receipt will remain unopened. No telephoned or faxed or emailed proposals will be considered.

The face of the envelope or shipping container shall be clearly marked in the lower left-hand corner as follows:

RFP#: RFP #2610001

TITLE: Term Contract Professional Services for Roof Design and Construction Administration

PROPOSAL DUE: Wednesday July 8, 2026, 2:00PM ET

All Inquiries for Information Should be Submitted in Writing and Be Directed To: cbeahm@albemarle.org Solicitations are posted on our public-facing Bids Dashboard (https://albemarlecountyva.tylerportico.com/va/vendor-access/bids) and available to browse and view. It is highly encouraged to submit proposals electronically via the Bids Dashboard.

Please note that in order submit a bid proposal electronically, vendors must first register an account in our Vendor Access portal, see https://www.albemarle.org/government/finance/procurement/solicitations Alternatively, proposals may be hand delivered to the designated lockbox "Vendor/Contractor Bids or Proposals Only" at the exterior of the County Office Building Visitors Entrance at 401 McIntire Road OR, proposals may be shipped/mailed to the Albemarle County Office Building, 401 McIntire Road, Room 248, Charlottesville, Virginia 22902, by not later than the date and time established herein or as modified by an addendum hereto.

Regardless of the method of delivery, it shall be the Bidder’s responsibility to ensure timely and accurate delivery. Proposals delivered to the wrong location or received in the specified location late, will not be considered. Please contact the Procurement Office at 434-296-5854, for delivery questions.

PRE-PROPOSAL CONFERENCE: An optional virtual Pre-Proposal Conference will be held on Tuesday June 23, 2026 @ 2:00PM ET (See Section VIII for more information).

In compliance with this request for proposal and to all the conditions imposed therein, the undersigned offers and agrees to furnish the goods/services herein.

By my signature on this solicitation, I certify that this firm/individual and subcontractor is properly licensed for providing the goods/services specified.

Name And Address Of Firm:

Zip Code:

Telephone Number: ( )

Fax Number: ( )

E-mail Address:

Virginia Contractor License No.

Class: Specialty Codes:

Date:

By:

(Signature In Ink) Name:

(Please Print) Title:

I have the authority to bind the corporation.

SMALL, WOMAN, MINORITY AND SERVICE DISABLED VETERAN-OWNED BUSINESS: YES;

NO

I F YES ⇒⇒ SMALL; WOMAN; MINORITY; SERVICE-DISABLED VETERAN-OWNED

This public body does not discriminate against faith-based organizations in accordance with the Virginia Code § 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.

mailto:cbeahm@albemarle.org https://albemarlecountyva.tylerportico.com/va/vendor-access/bids https://albemarlecountyva.tylerportico.com/va/vendor-access/bids https://albemarlecountyva.tylerportico.com/va/vendor-access/bids https://www.albemarle.org/government/finance/procurement/vendor-registration https://www.albemarle.org/government/finance/procurement/solicitations

TABLE OF CONTENTS FOR RFP #2610001

PAGE

I. PURPOSE 3

II. C OUNTY OF ALBEMARLE’S RIGHT TO ISSUE REQUEST FOR

PROPOSALS AND TASK ORDERS

III. C OMPETITION INTENDED 3

IV. SCOPE OF SERVICES 3

V. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS 5

VI. EVALUATION AND AWARD CRITERIA 7

VII. REPORTING AND DELIVERY INSTRUCTIONS 8

VIII. PRE-PROPOSAL CONFERENCE 8

IX. GENERAL TERMS AND CONDITIONS 8

X. SPECIFIC TERMS AND CONDITIONS 15

XI. M ETHOD OF PAYMENT 15

XII. HOURLY RATES 16

XIII. ATTACHMENTS 16

I. PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to enter into one or more contracts to provide Roof Design and Related Construction Administration Services for the County of Albemarle and Albemarle County Public Schools on a term contract and/or other entities of the County of Albemarle (hereinafter referred to as “the County” or “Schools”).

Architectural / Engineering (A/E) Roof Replacement Services shall include but not be limited to design, bidding assistance, construction administration and inspection services. Contract for Services shall provide an “as needed” basis pursuant to Task Orders issued during the contract term.

In the event of multiple awards, the firm best suited to the specific project or the firm who is available and able to meet the schedule will be hired for the task. The intent is to distribute work so that all firms receive work, unless a poor evaluation affects distribution of work (see Section IV. Scope of Services). A Task Order will be executed for each specific project.

II. COUNTY OF ALBEMARLE’S RIGHT TO ISSUE REQUEST FOR PROPOSALS AND TASK ORDERS: The Owner reserves the right, at its sole discretion, to issue RFPs for similar work, for other service types or types of work, and other projects as the need may occur. The Owner also reserves the right to issue Task Orders to other A/Es under Term Contracts at its sole discretion, based on its evaluation of each A/E's qualifications, expertise, current workload, capabilities, performance record, location or distance to the project, and other factors as may be pertinent to the particular project. The Owner also reserves the right under the provisions of this Contract to issue a Task Order to the A/E to provide services of a similar type or service type covered by this RFP to a subsidiary, branch, or agency in the same geographic area.

III. COMPETITION INTENDED: It is the County’s intent that this Request for Proposal (RFP) permits competition. It shall be the Offeror’s responsibility to advise the Chief Procurement Officer in writing if any language requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source, or otherwise restrict competition. All comments, questions, or requests for clarification, including any notification regarding restrictions to competition, must be received by the Purchasing Agent no later than seven

(7) days prior to the date set for receipt of offers. Offerors may not rely on any oral explanations, clarifications, or changes to the solicitation. All explanations, clarifications, or changes will be issued in written form as detailed below.

The County of Albemarle and The School Board of Albemarle County will not be bound by any oral statements.

All inquiries and any changes to the requirements of this solicitation shall be answered by the issue of written addenda to the solicitation. It shall be the responsibility of the Offeror to acknowledge all addenda by signing and returning a copy of all addenda with the offer submission or by separate acknowledgment of each addendum by number and date, in writing. Offerors are advised to contact this office to confirm the number of addenda five (5) days before the date established for the offer due date. All addenda will be issued no later than five (5) days before the offer due date.

IV. SCOPE OF SERVICES: Professional services procured via this RFP may be utilized by any department or division of Albemarle County. The primary departments utilizing these contracts will be the Facilities and Environmental Services and Building Services Departments.

The selected offerors shall furnish all expertise, labor, and resources in accordance with the requirements of the current edition of the Virginia Construction & Professional Services Manual, to provide complete services necessary for Task Orders issued during the Contract Term.

Contracts will be awarded to firms that can provide professional services in one or more of the service types listed below. The selected firm shall provide full architectural design, construction administration services and inspection services for complete roof systems to the County and Schools to include the Services listed below:

A. Design Services may include the following or any related roof services:

1. Pre-design consultation or study with the County or the School including onsite visits.

2. Field investigation to locate all existing equipment on top and penetrations through roofs including, but not limited to any existing solar panels, weather equipment, tie down anchors, roof drains, mechanical equipment, fans, vents, etc.

3. Roof layout of all design components of the roof replacement including, but not limited to penetrations for other work, skylights, solar, mechanical equipment, rising walls, parapets, penetration conditions, roof tapering, etc.

4. Construction drawings and specification documents for bid and construction.

a. Bid documents shall include:

i. any hazardous material information, including any as determined by County or School

Consultants.

ii. an operational safety plan and site logistics plan.

b. Full specifications for roof replacement shall include County or Schools requirements for

Contractor qualifications.

c. Multiple projects may be a combined into a single bid package or bid as separate packages.

d. Documents shall meet the County or Schools design not to exceed amount. Revisions of documents to meet the design not to exceed amount will be at the sole cost of the firm.

e. Bid Alternates as needed to stay within budget and meet Owner’s Goals.

5. Cost estimates as needed.

6. Value engineering as needed including bid alternates as needed to stay within budget.

7. Bid assistance as needed including, but not limited to, providing PDF files of bid documents, addendums, assistance with prequalification of Contractors, bid questions and answers, leading the pre-bid conference, etc.,

8. Close-Out services to include, but not limited to:

a. Tracking, review and compilation of close-out documents.

b. Submittal of a Record Set of plans based on Contractors as-builts.

c. Participate in resolution of warranty issues.

B. Construction Administration services may include:

1. Review of project documentation including, but not limited to submittals, shop drawings, pay requisitions, request for information (RFI), change orders, etc.

2. Lead progress meetings, including creating and distributing the agenda and minutes. Typically, bi-weekly meetings.

3. Provide site visits and progress reports as needed.

C. Field Oversight Inspections services may include:

1. Provide an experienced inspector or construction manager.

2. Progress inspections and reports on deficiencies.

3. Onsite inspections may be full time or multiple site visits each week during construction. Typically, a ten (10) week period.

4. Off hour, weekend or holiday inspections may be required.

5. May include more than one project or multiple project locations

D. Additional Services may include:

1. Structural Consulting.

2. LEED or green building certification.

3. Studies including, but not limited to feasibility, long range planning, facilities planning and recommendations for existing or new roof systems.

4. Hazardous materials investigation, abatement planning and monitoring.

5. Any other roof related design and construction administration services.

a. For example: metal soffits, skylights, etc.

E. Services Provided by County or School to be defined in individual project orders.

F. Typical roof system projects are:

1. A tapered insulation system with a fully adhered single-ply membrane, shingle, metal or roof renewal system.

2. Partial roofs at three or four locations to be completed each year.

G. A typical total Budget for roof projects ranges between $200,000 and $2,000,000. Some projects may be significantly smaller budgets as well

H. Typical PROJECT SCHEDULE EXAMPLE: Completed documents shall be submitted by the following dates:

1. Design Phase: Early Fall

2. Working Document Phase: Fall

3. Bidding and Award Phase: Winter (NTP before March 1)

4. Construction Phase: Spring to Summer

5. Project Closeout Phase: Early Fall

I. Projects would be contracted by individual Task Order with specifics for each project:

1. Site Visits and Travel Reimbursement as indicated on the A/E Proposal.

2. Travel costs to be reimbursed at current IRS reimbursement rate.

3. Compliance with The Commonwealth of Virginia Construction and Professional Services Manual for

Architect/Engineers, (hereinafter called “the A/E Manual”), most recent edition, latest revision, dated shall apply to all Work performed under this Task Order.

V. P ROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. G ENERAL INSTRUCTIONS:

1. RFP Response: To be considered for selection, offerors must submit a complete response to this RFP.

Proposals should be received through the electronic Bids Dashboard, by the stated due date and time. Alternatively, proposals may be hand delivered to the designated lockbox "Vendor/Contractor Bids or Proposals Only" at the exterior of the County Office Building Visitors Entrance at 401 McIntire Road OR, proposals may be shipped/mailed to the Albemarle County Office Building, 401 McIntire Road, Room 248, Charlottesville, Virginia 22902, by not later than the date and time established herein or as modified by an addendum hereto. Regardless of the method of delivery, it shall be the Bidder’s responsibility to ensure timely and accurate delivery.

Proposals delivered to the wrong location or received in the specified location late, will not be considered.

Shipped or delivered proposals, shall include One (1) original and ONE (1) copy of each proposal along with an electronic copy of the proposal on a flash drive either in Microsoft Word or PDF format must be submitted to the County as a complete sealed proposal. No other distribution of the proposal shall be made by the offeror.

2. Redacted Copies: In addition to the RFP Response specified above, proposals must include a redacted copy, if applicable (see Attachment G). Shipped or delivered proposals, shall include both one (1) hard redacted proposal copy and also one redacted copy on a flash drive, with proprietary language blacked out, which will be made available to the public in accordance with § 2.2-4342F of the Code of Virginia in response to requests for documents. It shall be the sole responsibility of the Offeror to ensure the supplied, redacted copy protects the firm’s interests with regards to proprietary or confidential information that, in accordance with § 2.2-4342F of the Code of Virginia may be considered protected information.

3. Expression of Interest instructions (from the VDOT Locally Administered Projects (LAP) Manual) have been incorporated in this section.

4. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the County of Albemarle requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the County. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

c. 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, subletter, 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 subletter 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 risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements.

The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal.

e. The proposal should be contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

f. Ownership of all data, materials, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject 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 Virginia Code § 2.2-4342(F), 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. Fees for professional services are NOT to be included in the original proposal submittal; however, at the discussion stage, the County may discuss nonbinding estimates of total project costs, including, but not limited to, life-cycle costing, and where appropriate, nonbinding estimates of price for services. The County reserves the right to require fee proposals be submitted by a specified deadline.

The County may reject any fee proposals that are submitted after the designated date and time.

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

4. O ral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the County. 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 County will schedule the time and location of these presentations. Virtual Oral presentations are an option of the County and may or may not be conducted.

B. S PECIFIC PROPOSAL INSTRUCTIONS:

Proposals should be thorough, but concise. To ensure that the most important points of proposals are fully seen and appreciated, offerors should be judicious and selective about the information included in their proposals.

Offerors are required to submit the following items as a complete proposal:

1. Section 1 – Methodology/Specific Plan: Provide a description of methodology of the offerors design and management processes incorporating an understanding of the goals and criteria of this project and how the offeror intends to meet those goals and criteria. Provide a specific plan for providing the service including:

a. what, when and how the service will be performed,

b. list of proposed equipment/goods/etc. including operational parameters, illustrations, etc., and

c. time frame for completion (if not otherwise specified by the County in the statement of needs) or compliance with schedule (a statement of understanding of the County’s desired project schedule, and a statement by the offeror that his/her firm can meet the schedule).

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

Sharon Cash Do we want to add in the part about the $1.00 or they can view in vendor instructions?

Sharon Cash No - leave as it.

a. Experience in providing the services described herein

b. Staffing: Provide the names, 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.

c. Resumes of staff to be assigned to the project.

d. References: Provide at least four references for which work of a similar nature to that described herein was performed within the past three years. The reference 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 Attachment A - Offeror Data Sheet.

3. Section 3 – Additional Information: This section is to be used to provide the following information. In addition, you may add any other relevant information to this section.

a. Describe any planned use of small businesses and businesses owned by women and minorities and service-disabled veterans in fulfilling this contract.

b. Return the RFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required.

c. Attachment C – State Corporation Commission Form – Pursuant to Virginia Code § 2.2-4311.2(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.

d. Attachment D – Certification of No Collusion

e. Attachment E - Certification of No Crimes Against Children and Acts of Moral Turpitude

f. Attachment F – Insurance Requirements

g. Attachment G – Proprietary and Confidentiality Information Identification – See V. A. 2, above.

VI. EVALUATION AND AWARD CRITERIA: This section is in two parts. The first part, “Evaluation Criteria,” explains how the proposals will be evaluated. The second part is the “Award of Contract” clause that states how the award will be made.

A. E VALUATION CRITERIA: Proposals shall be evaluated by the County of Albemarle using the criteria listed below and the associated Point Values. Offerors are requested to divide their proposals into sections that specifically address the evaluation criteria listed. This applies to both types of services.

Criteria for Evaluation Point Value

Demonstrated ability to comprehensively perform all services detailed in this RFP.

Offeror’s approach/methodology employed in performing architectural design, construction administration services and inspection services for complete roof systems

Overall qualifications and capacity of the firm to perform the services required. Experience and qualifications of the proposed personnel assigned to provide the services, to include experience administering contracts for local governments/school boards/political subdivisions similar to the County of Albemarle, particularly with entities in the Commonwealth of Virginia. The County will strongly consider the Peer Review comments in the evaluation process.

Proposed schedule for performing services indicating the ability to meet required deadlines.

B. AWARD OF CONTRACT: Procurement of professional services. The County of Albemarle shall engage in individual discussions with two or more Offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. The Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts.

Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, outlined in this subdivision, on the basis of evaluation factors published in the Request for Proposal and all information developed in the selection process to this point, the County shall select in the order of preference two or more Offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the County can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror(s). The County shall award a contract, or contracts, in such form, terms and conditions as found at Attachment H hereto. A County contract shall be signed by the parties as a requirement to receive an award pursuant to this solicitation. Any Offeror that requires, as policy of the Offeror, certain terms and conditions to be included in the contract shall provide such after the qualified offerors are ranked for negotiations. Albemarle County Terms and Conditions shall take precedence over any conflicting Offeror terms and conditions. Should the Purchasing Agent, 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, the contract may be negotiated and awarded to that Offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract, or contracts, can be negotiated at a fair and reasonable price or prices. Should the County Executive or Purchasing Agent determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. The County reserves the right to make multiple awards to multiple contractors, as determined to be to the best advantage to the County.

It is anticipated that at least two (2) contracts will be awarded to the best-qualified firms providing services in each of the service types listed in the RFP. An award to any firm that provides more than one service type may be covered by a single contract award. In such case, work may be negotiated with such firm in any service ty type covered by the contract.

VII. REPORTING AND DELIVERY INSTRUCTIONS: The Scope of Services may require the submittal of phased deliverables or progress documents to confirm progress at the time of an invoice. Specific Task Orders will detail the project schedule and expectations, such as drafts, progress documents, review time, and revision time to say on schedule. The County has the right to obtain further information regarding the proposal through email, phone conversations, virtual meetings and/or in-person consultations.

VIII. PRE-PROPOSAL CONFERENCE: An optional virtual Pre-Proposal Conference will be held on Tuesday June 23, 2026 @ 2:00PM ET

Microsoft Teams meeting Join: Pre-Bid Teams Meeting Link Meeting ID: 274 320 117 681 540 Passcode: 74b4y3ti

IX. GENERAL TERMS AND CONDITIONS: General Terms and Conditions | Albemarle County, VA

A. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to the County of Albemarle will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the County of Albemarle has purchased or uses any of its products or services, and the contractor shall not include the County of Albemarle in any client list in advertising and promotional materials, unless the contractor has been given written permission by a County representative who is authorized to sign on behalf of the County.

B. ANNOUNCEMENT OF AWARD: Public notice of the award of this contract, or the announcement of the decision to award this contract, shall be given via a posting of written notice on the Purchasing webpage at https://albemarlecountyva.tylerportico.com/va/vendor-access/bids.

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

D. APPLICABLE LAWS & COURTS: This procurement transaction, and any resulting contract, shall in all aspects be governed by the laws of the Commonwealth of Virginia, notwithstanding conflicts of laws provisions and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The County and the contractor https://teams.microsoft.com/meet/274320117681540?p=TT7hL2qLuT9GhETVhC https://www.albemarle.org/government/finance-and-budget/procurement/general-terms-and-conditions are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using the dispute resolution process contained within the Albemarle County Purchasing Manual, Chapter 26-3. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

E. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the County.

F. A UTHORITY TO TRANSACT BUSINESS: Pursuant to Virginia Code § 2.2-4311.2 and in accordance with Title 13.1, Title 50, or as otherwise required by law, 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 by the State Corporation Commission to transact business in the Commonwealth as a domestic or foreign business entity and shall maintain registration as current through the life of the awarded contract.

G. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

H. 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 County, 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 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 County to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the offeror clearly indicates in its bid or proposal that the product offered is an equal product, such offer will be considered to offer the brand name product referenced in the solicitation.

I. BUSINESS LICENSE

Albemarle County businesses must furnish a copy of their active business license, upon request.

J. CANCELLATION OF CONTRACT: The County may terminate any agreement resulting from this solicitation at any time, for any reason or for no reason, upon thirty 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 termination.

K. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

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 twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance approval of the County Administrator or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer).

b. The County 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 County a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

iii. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the County with all vouchers and records of expenses incurred and savings realized. The County 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 County within thirty

(30) days from the date of receipt of the written order from the County. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the County or with the performance of the contract generally.

K. Choice of Law Pursuant to Virginia Code § 2.2-4311.3, no term or provision in any public contract for the acquisition of information technology goods or services shall be valid or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision shall otherwise remain enforceable.

L. CLARIFICATION OF TERMS: The County will assume no responsibility for oral instructions, suggestion or interpretation. Any question regarding the offer documents and/or specifications shall be directed to the Purchasing Division and any material change will be submitted to all Offerors through issuance of an addendum. Any questions related to this solicitation MUST be submitted to the contact named on the first page of this solicitation no fewer than seven (7) workdays prior to the bid opening or proposal closing date specified.

Questions should be in writing and electronic transmission is preferred. Questions submitted beyond the time specified above may be left unanswered if sufficient time does not allow a response to all prospective Offerors without causing an unacceptable delay in the process. Any contact with any County representative, other than that outlined within this solicitation, concerning this solicitation is prohibited. Such unauthorized contact may disqualify your firm from this procurement.

M. COLLUSIVE OFFERS: The offer of any Offeror or Offerors who engage in collusive practices shall be rejected.

Any Offeror who submits more than one offer in such manner as to make it appear that the offers submitted are not on a competitive basis from different parties shall be considered a collusive Offeror. The County may reject the offer of any collusive Offeror upon bid opening or proposal closing. However, nothing in this section shall prevent an Offeror from superseding an offer by a subsequent offer delivered prior to bid opening or proposal closing which expressly revokes the previous offer.

N. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The contractor assures that, in the event that any awarded contract involves information and data obtained as to personal facts and circumstances related to patients, students or clients, such information and data will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the County’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the County of any breach or suspected breach in the security of such information. Contractors shall allow the County to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

O. CONTRACTOR’S FORMS/BOILERPLATE CONTRACTS: All written agreements, contracts, service agreements, account applications, forms and other documents, of any nature, that the Contractor would require the County to sign in connection with any contract resulting from this procurement transaction, or the performance thereof by the Contractor, must be submitted along with the Contractor’s offer. Under no circumstances shall the County be required to agree to any contractual provision (i) that would materially conflict with any provision of this solicitation, (ii) that would affect the price, quality, quantity or delivery schedule for any goods or services, or

(iii) that would, in the County’s sole discretion, materially alter the overall combination of quality, price and various elements of required services that in total are optimal relative to the County’s needs, and the Contractor shall not condition its performance or delivery upon any such agreement by the County.

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

Q. CONTRACTUAL CLAIMS:

1. Compliance. Strict compliance with this procedure is a prerequisite to proceeding with a claim under this Agreement, and no action or statement by County representatives waives such compliance. All notices and communications required by this section must be in writing.

2. Intent to submit claim. Contractor must notify the Purchasing Agent of its intent to submit a claim, whether for money or other relief, at the time of the occurrence or at the beginning of the work upon which the claim is based, whichever comes first. “At the time of the occurrence or at the beginning of the work upon which the claim is based” means within 48 hours or, if good cause is shown, within 5 business days. “Occurrence” includes:

1. The County transmits final payment; and

2. A representative of the County states that the County will not pay a requested amount.

3. Submission of claim. Contractor must submit its claim no later than 60 days after it has notified the Purchasing Agent of its intent to file a claim. The claim must:

1. Identify the time of the occurrence or the beginning of the work upon which the claim is based

2. State the basis for the claims, and

3. Identify with the specificity the relief sought

4. Investigation of claim. The Purchasing Agent must investigate the claim. As part of the investigation, the Purchasing Agent may request that Contractor submit additional information, or appear before the Purchasing Agent, to support its claim. The period between such request and Contractor’s response tolls the time within which the Purchasing Agent must respond to the claim. Failure to provide the requested information constitutes noncompliance with this procedure.

5. Settlement of claim. The Purchasing Agent may settle the claim. If resolution of the claim requires that the County pay additional money or forego goods or services that it is arguably owed, then the Purchasing Agent’s authority to settle the claim is limited to 25 percent of the value of the contract or $50,000, whichever is greater.

6. Institution of legal action. If the contractor is not satisfied with the Purchasing Agent’s decision, or the Purchasing Agent does not render a decision, it may appeal to the Circuit Court of Albemarle County. The contractor’s appeal must comply with the VPPA and Title 15.2 of the Virginia Code.

7. Amounts not in dispute. Contractor’s notice of an intent to file a claim does not permit the County to withhold or delay payment of amounts that it does not dispute. Purchasing Agent’s non-response to a claim within the required time constitutes a dispute of amounts claimed.

R. DEBARMENT STATUS: By submitting their offers, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting offers or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

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

T. DRUG-FREE WORKPLACE: Pursuant to Virginia Code § 2.2-4312, during the performance of this Agreement, Contractor agrees as follows:

1. Contractor will provide a drug-free workplace for Contractor’s employees.

2. Contractor will 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 Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

3. Contractor will state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace.

4. Contractor will state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace.

U. ERROR IN EXTENSION OF PRICES: In the case of error in the extension of prices the unit price shall govern.

V. ETHICS IN PUBLIC CONTRACTING: Pursuant to Virginia Code § 2.2-4367: By submitting a bid, the bidder certifies that their bid is made without collusion of fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

W. FORM W-9 REQUIRED: Each offeror shall submit a completed W-9 form with their offer. In the event of contract award, this information is required in order to issue purchase orders and payments to your firm. A copy of this form can be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf.

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

Y. IDLING REDUCTION REQUIREMENT: For any work performed within the City of Charlottesville, contractors are required to comply with the City of Charlottesville’s Idling Reduction Policy for Motor Vehicles and Equipment, policy number 100-12. This policy is available at w ww.charlottesville.org/purchasing under the Vendor Registration link.

https://law.lis.virginia.gov/vacode/title15.2/ https://law.lis.virginia.gov/vacode/2.2-4312/ http://www.irs.gov/pub/irs-pdf/fw9.pdf

Z. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the County of Albemarle, 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.

AA. INCLEMENT WEATHER/CLOSURE OF COUNTY OFFICES: If the County of Albemarle is closed for business at the time scheduled for bid opening or proposal closing, for whatever reason, sealed offers will be accepted and opened on the next scheduled business day, at the originally scheduled time.

BB. INDEMNIFICATION: Contractor agrees to defend, indemnify, and hold harmless the County and all of its officers, agents, and employees (“Indemnified”) against any liability, loss, claim, or damages, including attorney fees that the Indemnified may incur or be subject to, on account of death or injury to any person and for damage to or loss of any property that arises out of or results from actions taken by Contractor in the performance of its obligations under this Agreement, or which occurs as a consequence of any omission or conduct by Contractor or its subcontractors, agents, or employees, regardless of whether such damage or loss is caused in part by Indemnified. Under Virginia law, the County may not indemnify another party. Any provisions to the contrary are void.

CC. Independent Contractor Contractor is an independent contractor and not an employee or agent of the County or the School Board, and cannot bind the County or the School Board to agreements with third parties.

DD. INSURANCE: By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will purchase and maintain, at its sole expense, and from a company or companies authorized to do business within the Commonwealth of Virginia, insurance policies containing the types of coverages and minimum limits specified in the attached document, INSURANCE REQUIREMENTS, protecting from claims which may arise out of or result from the Offeror’s performance or non-performance of services under this Contract, or the performance or non-performance of services under this Contract by anyone directly or indirectly employed by the Offeror or for whose acts it may be liable.

EE. NEW EQUIPMENT: Unless otherwise noted any equipment offers shall be new, unused, of current production and standard to the manufacturer.