848003crackDville.pdf

REQUEST FOR PROPOSALS

Proposal No RFP- 26-27-023

Title: “Airfield Crack Sealing “

Pre-Proposal Meeting:

Last Day for Questions:

Proposal Closing Date:

Direct Proposal Procedures Inquiries to:

Project Owner:

A Pre-Proposal Meeting will be held, Thursday October 15,2026 at 10:00AM At 424 Airport Drive Danville VA, 24540 Or Teams Microsoft Teams meeting Join: RFP-26-27-023-Airefield Sealing Meeting ID: 234 878 775 388 926 Passcode: Ru9Kx98Q

Email questions to purchasing@danvilleva.gov by no later than Wednesday October 21,2026 by 5:00PM

Sealed proposals shall be accepted no later than Thursday October 29,2026, at 4:00PM

Mail or Hand-Deliver to:

Purchasing Department 427 Patton Street, Room 304 Danville, VA 24541

Electronic Proposals will be accepted on eVA (https://eva.virginia.gov )

Carol Henley, Director of Purchasing

(434) 799-6528 purchasing@danvilleva.gov City Representative Todd Pinekenstein, Transportation Building and Grounds Superintendent Transportation: pinekat@danvilleva.gov , (434) 799-6475

TABLE OF CONTENTS

https://teams.microsoft.com/meet/234878775388926?p=OzdRw2G4RueuqzLHwq mailto:purchasing@danvilleva.gov https://eva.virginia.gov/ mailto:purchasing@danvilleva.gov mailto:pinekat@danvilleva.gov

RFP-26-27-023 “Airfield Crack Sealing”

2 | P a g e

1.0 Intent

It is the intent of Danville Regional Airport requesting through this RFP-26-27-023 for crack sealing the primary runway, primary taxiway connections and paved area adjacent to the Fuel Farm Facility. A Comprehensive base bid is to provide to include the cost for crack sealing all sections of pavement identified in the scope of work.

1.1 Submit invoice(s) to:

City of Danville Accounts Payable PO Box 3300 Danville, VA 24543 Attention : Danville Regional Airport : Lisa Bivens

1.2 Deadline

Sealed Proposals shall be submitted no later than Thursday October 29,2026 at 4:00 PM to: City of Danville Purchasing Department Attn.: Carol Henley 427 Patton Street, Room 304 Danville, VA 24541

Proposals will not be accepted both electronically and on paper. The proposal with the latest time stamp received prior to the due date and time will be evaluated for each Offeror.

1.3 Pre-Proposal Conference: A pre-proposal conference will be held on

Thursday October 15,2026 at 10:00AM

1.4 Proposal Inquiries: The last day for questions will be

Wednesday October 21,2026, by 5:00PM

Email Carol Henley at purchasing@danvilleva.gov

1.0 2.0 3.0 4.0 5.0

INTENT

SCOPE OF WORK

SUPPLEMENTAL GENERAL CONDITIONS

EXHIBITS AS APPLICABLE/SPECIFICATIONS

PROPOSAL DOCUMENTS

mailto:purchasing@danvilleva.gov

RFP-26-27-023 “Airfield Crack Sealing”

3 | P a g e

1.5 Davis Bacon: Compliance with the Davis-Bacon Act (Not Applicable)

1.6 Bonds: 100% performance and payment bonds. (Applicable)

1.7 Time of Completion: Notice to Proceed to Include Final Date of Completion

1.8 Liquidated Damages: $XXX.XX dollars per calendar day. (Not Applicable)

1.9 Owner’s Representative: Project Manager Todd Pinekenstein, Transportation Building and

Grounds Superintendent Transportation: pinekat@danvilleva.gov , (434) 799-6475

1.10 Code: All work performed shall conform to the Virginia Uniform Building Code

1.11 Code: All work performed shall conform to the Contract Documents. Reference is made to the VDOT Specifications; the VDOT Standard Drawings; this Request for Proposal the Project Manual; and the Plans.

1.12 Retainage/Escrow: Five percent (5%) retainage/escrow will be withheld from each invoice until final completion and acceptance of the contract work (Applicable)

1.13 Information Technology: If a contract is awarded, the VENDOR agrees that all information technology (IT), including web-based applications, software, and digital content, provided under this contract must conform to the Revised Section 508 Standards (29 U.S.C. § 794d) and, specifically, must meet WCAG 2.1 Level AA success criteria. The VENDOR shall provide a completed Voluntary Product Accessibility Template (VPAT/ACR) and a Vendor Accessibility Roadmap, demonstrating compliance prior to final acceptance.

1.14 Force Majeure: In no event will VENDOR or City be liable for any delay in the performance of, or failure to perform, any action required under the Agreement, whether in whole or in part, and the time for performance (including, without limitation and for avoidance of doubt, the investment and job maintenance obligations set forth herein) shall be extended for the duration of any such delay, to the extent that such delay or failure is caused by any of the following causes: war; acts of terrorism; strike; lockout or other labor disturbance; fire; severe weather; extraordinary natural occurrence; epidemic;

pandemic; plagues of locusts; swarms of bow weevils; earthquake; shortage or interruption of supply or transportation facilities; extraordinary governmental action (whether or not valid); or other causes, whether or not similar, beyond the reasonable control of VENDOR, in each case whether foreseeable or unforeseeable.

Notwithstanding any other provision of this contract, including the foregoing force majeure provisions, for projects funded in whole or in part with state or federal transportation funds, matters relating to VENDOR delays, excusable delay, suspension of work, time extensions, liquidated damages, and failure to complete the work within the contract time shall be governed exclusively by the applicable provisions of the Virginia Department of Transportation (VDOT) Road and Bridge Specifications incorporated into mailto:pinekat@danvilleva.gov

RFP-26-27-023 “Airfield Crack Sealing”

4 | P a g e the Contract Documents, including but not limited to Sections 108.04, 108.05, and 108.06, as amended. To the extent the provisions of this contract conflict with the applicable VDOT specifications relating to such matters, the applicable VDOT specifications shall control and supersede the force majeure provisions set forth above.

(IF VDOT PROJECT)

2.0 SCOPE OF WORK

2.1 RFP-26-27-003-Airefield Crack Sealing Scope of Work.pdf

3.0 SUPPLEMENTAL GENERAL CONDITIONS

3.1 Compliance: The VENDOR shall comply with the provisions of the following:

The City of Danville’s “Standard Requirements & Instructions for Bidding”, Version 3.0, dated July 1, 2025. Copies may be obtained from the Purchasing Office or by downloading from the City’s website “Finance Department, Purchasing Division.

3.2 Award:

A. The award will be based on the highest ranked, best-value proposal.

B. If a scoring matrix will be used in the evaluation, it will be shared in this solicitation.

C. The City reserves the right to reject any or all offers and to waive informalities and minor irregularities in offers received.

D. The award will be made to the proposal conforming to the RFP and will be most advantageous to the City.

3.3 Authority:

A. The Director of Purchasing as the designee of the City Manager has the sole responsibility and authority for negotiating, placing, and when necessary, modifying each and every Request for Proposal, purchase order or other award issued by the City of Danville. In the discharge of these responsibilities, the Director of Purchasing may be assisted by assigned buyers. No other City officer or employee is authorized to order supplies or services, enter purchase negotiations, or in any way obligate the government of the City of Danville for any indebtedness. Any purchases contrary to these provisions and authorities shall be void and the City shall not be bound thereby.

B. This procurement process, including withdrawal of Proposals and appeal or protests, is governed by the "PROCUREMENT CODE OF THE CITY OF DANVILLE, VIRGINIA".

Copies of the Procurement Code may be obtained by writing the City of Danville Purchasing Department, 427 Patton St. Room 304, Danville, Virginia 24541 and by https://danvilleva-my.sharepoint.com/:b:/g/personal/royalsw_danvilleva_gov/IQB1gzH4UGxHSqMvZMDxHjZXAWH1vy6WonnVO_AtD7M_5u0?e=Z3sP9S

RFP-26-27-023 “Airfield Crack Sealing”

5 | P a g e downloading from the City’s website, Finance Department, Purchasing Division. The City of Danville does not discriminate against faith-based organizations.

3.4 Method of Proposal Submission:

A. Proposals will not be accepted both electronically and on paper. Each must choose only one method of submission to avoid any confusion or duplication of entries. The latest dated and time stamped proposal will be the only proposal accepted and evaluated. No proposal may be considered if received after the time shown on the title page. The allowable methods for submitting are electronic and paper submission.

B. Paper Submission: Proposals must be written in ink or typewritten. Envelopes must be sealed and marked in the lower left-hand corner RFP 26-27-023 “Airfield Crack Sealing ” and submitted to the office indicated on the title page.

C. Electronic Submission: Vendors who choose to submit their Proposals electronically must ensure that they are registered on eVA at. https://eva.virginia.gov Proposals can be found under the Business Opportunities Tab > Virginia Business Opportunities (VBO). Search RFP 26-27-023. When addenda are issued, suppliers that have submitted an electronic response will have to RESUBMIT their response to the latest version of the solicitation.

D. Should the proposal contain proprietary information, provide one (1) redacted hard copy of the proposal and all attachments with proprietary portions removed or blacked out. This copy should be clearly marked “Redacted Copy” on the front cover. The classification of an entire proposal document, line-item prices, and /or total proposal prices as proprietary or trade secrets is not acceptable. The City of Danville shall not be responsible for the Contractor’s failure to exclude proprietary information from this redacted copy. No other distribution of the proposal shall be made by the Offeror

E. Vendors are expected to examine all instructions, specifications, drawings, sites, installations, etc. Failure to do so will be at the Vendor’s risk. Erasures or other changes must be initialed by the person signing the proposal.

F. SCC Number

VENDORs 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 Virginia Title 13.1 or Title 50 or as otherwise required by law. A Contactor organized or authorized to transact business in the Commonwealth pursuant to Virginia Title 13.1 or Title 50 shall include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any Vendor 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 https://eva.virginia.gov/

RFP-26-27-023 “Airfield Crack Sealing”

6 | P a g e

50 or as otherwise required by law shall include in its bid or proposal a statement describing why the Vendor or offeror is not required to be so authorized.

3.5 Vendor Eligibility:

A. Vendors are required to submit evidence that they have practical knowledge of the particular work proposals upon and that they have the financial resources to complete the proposed work. Failure on the part of any Vendor to carry out previous contracts satisfactorily, or lack of experience or equipment necessary for the satisfactory and timely completion of this Project, may be deemed sufficient cause for disqualification of said Vendor.

B. The Vendor must readily and independently document that the Vendor possesses the experience, equipment and financial resources necessary for a timely and professional completion of this project.

C. Irregular Proposals: Proposals shall be considered irregular for the following reasons:

1. If the proposal is on a form other than that furnished by the City, if the City’s form is altered, or if any part of the proposal form is detached.

2. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous.

3. If the proposal is not accompanied by the proposal guaranty specified by the City.

D. Withdrawal of Proposal Due to Error:

1. A Vendor for a City construction contract, other than a contract for construction or maintenance of public highways, may withdraw his proposal from consideration, if the price proposal was substantially lower than the other Proposals due solely to a mistake therein, provided the was submitted in good faith and the mistake was a clerical mistake, as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of the proposal which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the proposal sought to be withdrawn.

2. The Vendor shall give notice in writing of his claim of the right to withdraw his proposal within two (2) business days after the conclusion of the proposal opening procedure.

E. Disqualification of Vendor: A Vendor shall be considered disqualified for any of the following reasons:

RFP-26-27-023 “Airfield Crack Sealing”

7 | P a g e

1. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name.

2. Evidence of collusion among Vendors. Vendors participating in such collusion shall be disqualified as Vendors for any future work of the City until any such participating Vendor has been reinstated by the City as a qualified Vendor.

3. If the Vendor is considered to be in “default” for any reason.

3.6 Proposals Binding 90 Days:

Unless otherwise specified, all formal Proposals submitted shall be binding for ninety (90) calendar days following proposal-opening date.

3.7 Cleanup:

A. The VENDOR at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the work, he shall remove all his waste materials and rubbish from and about the project as well as all his tools, construction equipment, machinery, and surplus materials.

B. If the VENDOR fails to clean up at the completion of the work, the City may do so and the cost thereof shall be charged to the VENDOR.

3.8 Control of Work:

A. On all questions relating to quantities, the acceptability of materials and equipment, or work, and the interpretation of the Contract Documents, the decision of the Project Manager are final and binding and shall be precedent to any payment under the contract.

B. All work and material are subject to the inspection and approval of the Project Manager.

Any work done without proper inspection will be subject to rejection. Inspection of the work shall not relieve the VENDOR of the obligation to fulfill all conditions of the contract. The Project Manager may require the VENDOR to remove from the work any employee, as the Project Manager may deem incompetent, careless or insubordinate.

C. The VENDOR and the VENDOR’s authorized agents shall have at least one staff member on site that must be literate and fluent in the English language, because of the necessity to read labels, job instructions and signs, as well as the need for conversing with City project managers.

D. Conduct, courtesy, and respect: VENDORs, Sub-VENDORs, and their employees shall exhibit professional and workmanlike behavior while on site. Engaging in behavior that is rude, threatening, or offensive or use of profane or insulting language is prohibited.

Harassment of any kind, including sexual harassment, is prohibited. Abusive, RFP-26-27-023 “Airfield Crack Sealing”

8 | P a g e derogatory, obscene, or improper language, gestures, remarks, or other disrespectful behavior will not be tolerated. Inappropriate or aggressive conduct on City of Danville property, including roughhousing, fighting, physical threats, destruction of property, vandalism, littering, or physical abuse, is not permitted. VENDORs, Sub-VENDORs, and their employees may not fraternize or socialize with City employees or building patrons during working hours. VENDORs, Sub-VENDORs, and their employees are required to wear appropriate work attire while on site. Articles of clothing cannot display offensive or inappropriate language, symbols, or graphics. The City of Danville representative reserves the right to decide if such clothing or actions are inappropriate.

E. VENDOR shall provide the following statement and a list of all employees and sub-

VENDOR employees that will be working on this project. The statement and list of employees shall be on company letterhead with signature and date.

“This is to certify that all employees that are scheduled to work on this project have not been convicted of a felony in the past 7 years, can qualify for voting rights reinstatement and are not on active parole or active probation. Workers with felony convictions and do not qualify under special conditions will not be allowed access to work site.”

F. Certain items of work may be performed by forces of the City. The VENDOR shall cooperate fully in scheduling and coordinating with the Project Manager such that no delay will result in the performance of such work. If the VENDOR claims that such work delays or causes additional costs, he shall make claims as provided in Work Changes.

G. The City may award or may have awarded contracts to others for other work. The

VENDOR shall cooperate fully with such other VENDORs by scheduling his own work with that to be performed under other Contracts as may be directed by the City. The VENDOR shall not commit or permit any act which will interfere with the performance of work by any other VENDOR as scheduled.

H. Neither the final certificate of payment nor any provision in the contract documents, nor partial or entire occupancy of the premises by the City, shall constitute an acceptance of work not done in accordance with the contract documents or relieve the VENDOR of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The VENDOR shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of twenty-four (24) months from the date of final acceptance of work unless a longer period is specified. The City will give notice of observed defects with reasonable promptness.

3.9 Equal Employment:

During the performance of this contract, the VENDOR agrees as follows:

A. The VENDOR will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the VENDOR. The VENDOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions for this non-discrimination clause.

RFP-26-27-023 “Airfield Crack Sealing”

9 | P a g e

B. The VENDOR also shall not discriminate against any handicapped person in violation of any state or federal law or regulation and shall also post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this additional non-discrimination clause.

C. The VENDOR, in all solicitations or advertisements for employees placed by or on behalf of the VENDOR, will state that such VENDOR is an equal opportunity employer.

D. 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.

E. The VENDOR will include the provisions of the foregoing paragraphs in every subcontract or purchase order over $10,000.00 so that the provisions will be binding upon each sub-VENDOR or Vendor.

F. The VENDOR will otherwise comply with all other applicable provisions of local, State, and Federal law.

3.10 Drug Free Workplace:

During the performance of this contract, the VENDOR agrees to:

A. Provide a drug-free workplace for the VENDOR’s employees.

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

C. State in all solicitations or advertisements for employees placed by or on behalf of the

VENDOR that the VENDOR maintains a drug-free workplace.

D. Include the provisions of the foregoing clauses in every subcontract or purchase order of or over $10,000.00, so that the provisions will be binding upon each sub- VENDOR or Vendor. “Drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a VENDOR in accordance with Chapter 43, 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. State law reference(s) - Authority, Code of Virginia § 2.2-4312.

3.11 Guaranty:

A. The VENDOR shall guarantee that all the materials used and all the work done under the contract shall fully comply with the requirements of the plans and specifications and the instructions of the City.

RFP-26-27-023 “Airfield Crack Sealing”

10 | P a g e

B. All expenses covering return or replacement of defective or improper equipment or merchandise will be assumed by the VENDOR. In no instance shall the VENDOR refer the City to any distributor or manufacturer for settlement of any claim arising from defective or improper equipment or merchandise. If the VENDOR shall fail to replace or repair any defective or improper equipment or merchandise within thirty (30) days from date of notice, the City may make the necessary corrective arrangements and charge the cost to money due the VENDOR or bill the VENDOR. The VENDOR agrees to reimburse the City in such instances. Samples of any warranties which will apply to the goods being offered for sale shall be included as part of the proposal.

C. Any defects in the completed work or failure of the construction to fully perform or endure the service for which it is intended, which in the opinion of the City are caused by or due to the use of materials, skill or workmanship not in compliance with the said plans, specifications and instructions, that may appear in the work within a period of twenty-four (24) months after acceptance by the City shall be regarded as prima facie and conclusive evidence that the VENDOR has failed to comply with the said specifications, plans, and instructions. The VENDOR in this event shall at his own expense, at such time and in such manner as the Engineer may direct, repair or take up and reconstruct any such defective work, in full compliance with the original specifications, plans, and instructions. The repairs required to be made by the VENDOR shall extend only to making good an inherent defect which become manifested in the materials and workmanship under ordinary conditions, and shall not be held to cover any breakage or damage caused by improper use or by accident resulting from circumstances over which the VENDOR has no control.

3.12 Indemnification:

A. The VENDOR shall indemnify, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the City, its agents, officials and employees in consequence of the granting of this contract or which may in anyway result therefrom, whether or not it shall be alleged or determine that the act was caused through negligence or omission of the VENDOR or his employees, or of the sub VENDOR or their employees, if any, and the VENDOR shall, at their own expense, appear, defend and pay all charges of attorneys and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the VENDOR shall, at his own expense, satisfy and discharge the same. The VENDOR expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the VENDOR, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City, its agents, officials, and employees as herein provided. The VENDOR shall have charge and control of the entire work until its completion and acceptance by the City.

B. The VENDOR shall assume all risks and responsibilities for casualties of every description in connection with the work, except that he shall not be held liable or responsible for delays or damage to the work caused by acts of God, acts of Public enemy, acts of Government, quarantine restrictions, general strikes through the trade, or by freight embargoes not caused or participated in by the VENDOR. The VENDOR

RFP-26-27-023 “Airfield Crack Sealing”

11 | P a g e shall have charge and control of the entire work until completion and acceptance of the same by the City.

C. The VENDOR shall alone be liable and responsible for, and shall pay, any and all loss or damage sustained by any person or party either during the performance or subsequent to the completion of the work under this agreement by reason of injuries to persons and damage to property, buildings, and adjacent work, that may occur either during the performance of the work covered by this contract or that may be sustained as a result of or in consequence thereof, irrespective of whether or not such injury or damage be due to negligence or the inherent nature of the work.

D. The VENDOR shall bear all losses resulting from the amount or character of the work being different, or because the nature of the premises on which the work is done is different from what was expected, or on account of the weather, or similar other causes.

3.13 Insurance:

The VENDOR shall not commence work under this contract until they have obtained all the insurance required hereunder and such insurance has been approved by the City; nor shall the VENDOR allow any SubVENDOR to commence work on his subcontract until all similar insurance has been so obtained and approved. Approval of the insurance by the City shall not relieve or decrease the liability of the VENDOR hereunder.

A. Worker's Compensation including Occupational Disease and Employer's Liability

Insurance: The VENDOR shall take out and maintain during the life of this Contract Workers' Compensation and Employer's Liability Insurance for all of their employees to be engaged in work on the project under this contract in an amount no less than the minimum allowed by the State Corporation Commission, and in case of such work is sublet, the VENDOR shall require the SubVENDOR similarly to provide Workers' Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such work.

B. Comprehensive General Liability Insurance: The VENDOR shall maintain during the life of this Contract comprehensive general liability insurance as shall protect him, the City of Danville and its offices, agents and employees, and any SubVENDORs performing work covered by this Contract from claims for damage for personal injury, including death, as well as from claims for property damage, which may arise from operations under this Contract, whether such operations by himself or by any SubVENDOR, or by anyone directly or indirectly employed by either of them. The amount of such insurance shall not be less than a combination single limit of $1,000,000.00 per occurrence on bodily injury and property damage and $1,000,000.00 aggregate on completed operations. The comprehensive general liability insurance shall provide the following coverage:

C. Automobile liability insurance minimum combined single limits of $1,000,000.00 for any one person and subject to the same limit for each person, $1,000,000 on account of any one accident. This insurance shall include bodily injury and property damage for the following vehicles:

RFP-26-27-023 “Airfield Crack Sealing”

12 | P a g e

Owned Vehicles Non-owned Vehicles Hired Vehicles

D. Umbrella Policy. At the option of the VENDOR, primary limits may be less than required, with an umbrella policy providing the additional limits needed. This form of insurance will be acceptable provided that the primary and umbrella policies both provide the insurance coverage's herein required. However, any such umbrella policy must have minimum coverage limits of $3,000,000.00.

E. Builder’s Risk: The VENDOR, at his cost, shall effect and maintain in the names of the City, the Engineer and the VENDOR, fire, vandalism and extended coverage insurance (or all-risk, builder's risk insurance if approved by the City), upon the entire structure or structures on which the work of this Contract is to be done and upon all material in or adjacent thereto and intended for use thereon to one hundred percent (100%) of the Contract amount. Such insurance may include a deductible provision if the City consents to such provision; however, the VENDOR in such case will be liable for paying the City the amount of such deduction whenever a claim arises. The loss, if any, is to be made adjustable with and payable to the City as Trustee for whom it may concern. Written evidence of the insurance required herein shall be filed with the City not later than thirty (30) days following the date of the award of the Contract.

A copy of the evidence of insurance shall be filed with the Director of Purchasing.

(NOT APPLICABLE)

F. Professional Liability - $1,000,000.00 per occurrence (NOT APPLICABLE)

G. To the fullest extent permitted by law, a Waiver of Subrogation Clause shall be added to the General Liability, Automobile, Excess or Umbrella and Workers Compensation policies in favor of the City of Danville and shall apply to it Owners officers, agents and employees, with respect to all Projects during the policy term.

H. Prior to commencement of Work on any individual Project, the VENDOR shall submit a Certificate of Insurance in favor of the City of Danville and an Additional Insured Endorsement (in a form acceptable to the City) as required hereunder. The VENDOR’s Insurance policies shall provide for thirty (30) days' notice to City for cancellation or any change in coverage and be evidenced by the Certificate of Insurance. Copies of insurance policies shall promptly be made available to the City upon request.

I. The City of Danville, along with their respective officers, agents and employees, shall be named as additional insureds.

J. Certificate holder should read as follows:

The City of Danville 427 Patton Street Danville, VA 24541

RFP-26-27-023 “Airfield Crack Sealing”

13 | P a g e

3.14 Interpretation:

A. If any person contemplating the submission of a proposal on this invitation is in doubt as to the true meaning of any part of the Request for Proposal or other documents, they should submit a written request for an interpretation thereof to the Engineer and received at least four (4) days before proposal deadline. An interpretation of the Request for Proposal document will be made only by written addendum issued to each potential Vendor. THE

CITY WILL NOT BE RESPONSIBLE FOR EXPLANATIONS OR INTERPRETATIONS OF

REQUEST FOR PROPOSAL DOCUMENTS EXCEPT AS ISSUED IN ACCORDANCE

HEREWITH. The Vendor shall acknowledge receipt of all addenda in the Proposal.

B. All notices, demands, requests, instructions, approvals, proposals, and claims must be in writing.

C. If during performance of the Work, the VENDOR finds a conflict, error or discrepancy in the Contract Documents, the VENDOR shall so report to the Engineer in writing at once before proceeding with the work affected thereby and shall obtain a written interpretation or clarification from the Engineer. In resolving such conflicts, errors and discrepancies, the Documents shall be given precedence in the following order:

Agreement, Modifications, Addenda, Supplementary Conditions, and Instruction to Vendors, General Conditions, Proposal and Specifications/Drawings. Figure dimensions on Drawings shall govern over scale dimensions and detailed drawings shall govern over general drawings.

3.15 Limitations of Work Area:

A. The VENDOR shall be limited to a specific area for storage of equipment, supplies, and building materials. This area shall be designated by the City and established during the Pre-construction conference.

B. Parking area for employees of the VENDOR shall be designated in the vicinity of the project, and it shall be the responsibility of the VENDOR to require their personnel to park in this designated area and not any area which may interfere with the normal operations in and around the construction area or with access and use of the facility by the City.

3.16 Novation:

The VENDOR shall not assign or transfer, whether by an Assignment or Novation, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without the written consent of the City; provided, however, that assignments to banks, trust companies or other financial institutions for the purpose of securing bond may be

RFP-26-27-023 “Airfield Crack Sealing”

14 | P a g e made without the consent of the City. Assignment or Novation of this Contract shall not be valid unless the Assignment or Novation expressly provides that the assignment of any of the VENDOR's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered and materials, tools and equipment supplied for the performance of the work under this Contract in favor of all persons, firms or corporations rendering such labor or services or supplying such materials, tools and equipment.

3.17 Observance of Laws:

The VENDOR at all times shall observe and comply with all Federal, State and City laws, bylaws, ordinances and regulations in any manner affecting the conduct of the work or applying to employees on the project, as well as all orders or decrees which have been promulgated or enacted, by any legal bodies or tribunals having authority or jurisdiction over the work materials, employees or contract. The VENDOR does not and shall not during the performance of the contract for goods and services in the Commonwealth; knowingly employs an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. VENDOR shall prohibit the use of forced or indentured child labor in the performance of the contract and requiring that the VENDOR include such prohibition in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each sub-VENDOR or Vendor.

3.18 Patents:

The VENDOR agrees to indemnify and save harmless the City, and all personnel from all suits and actions of every nature and description brought against them or any of the, for or on account of the use of patented appliances, products, or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the City as a necessary requirement in connection with the final execution of any contract in which such patented appliances, products, or processes are used.

3.19 Performance:

In case of default by the VENDOR, the City may procure the commodity or services from other sources and hold the VENDOR responsible for any excess costs occasioned thereby.

3.20 Permits:

The VENDOR shall, at his own expense, secure any business or professional licenses, permits or fees required by the City of Danville, Commonwealth of Virginia or any other requesting agency having jurisdiction.

3.21 Safety:

RFP-26-27-023 “Airfield Crack Sealing”

15 | P a g e

A. All practices, materials and equipment shall comply with the Federal Occupational Safety and health Act, as well as any pertinent Federal, State and/or local Safety or Environmental Codes.

B. Construction site safety is the responsibility of the VENDOR.

3.22 Specifications and Product Description:

When brand names, model numbers, trade names, catalog number or cuts are listed, they are, unless otherwise specified, included for the purpose of furnishing Vendors with information concerning the style, type or kind of article desired and a Vendor may offer an article which he certifies to be equal in quality, performance and other essential characteristics. Any available printed material or literature which describes the product being offered for sale shall be included with the PROPOSAL. The City shall be the sole judge of suitability of substitutes offered. When a formal numbered specification is referred to in this invitation, no deviation will be permitted, and the Vendor will be required to furnish articles in conformity with that specification.

3.23 Sub-Vendors:

A. No proposed sub-VENDOR shall be disapproved by the City except for cause.

B. The VENDOR shall be as fully responsible to the City for the acts and omissions of his sub-VENDORs, and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by them.

C. The VENDOR shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each sub-VENDOR with the applicable provisions of the Contract for the improvements embraced in this Contract.

D. Nothing contained in the Contract shall create any contractual relation between any sub-VENDOR and the City.

E. Payments to sub-Vendors

1. The VENDOR shall take one of the two following actions within seven days after receipt of amounts paid to the VENDOR by the City of Danville for work performed by the sub-VENDOR

a. Pay the sub-VENDOR for the proportionate share of the total payment received from the agency attributable to the work performed by the sub- VENDOR under that contract; or

b. Notify the agency and sub-VENDOR, in writing, of his intention to withhold all or a part of the sub-VENDOR's payment with the reason for nonpayment.

2. Individual VENDORs shall provide their social security numbers and proprietorships, partnerships, and corporations to provide their federal employer identification numbers.

RFP-26-27-023 “Airfield Crack Sealing”

16 | P a g e

3. The VENDOR shall pay interest to the sub-VENDOR on all amounts owed by the VENDOR that remain unpaid after seven days following receipt by the VENDOR of payment from the City of Danville for work performed by the sub- VENDOR, except for amounts withheld as allowed in subdivision 1.

4. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”

The VENDOR shall include in each of its subcontracts a provision requiring each sub-VENDOR to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier sub-VENDOR.

A VENDOR's obligation to pay an interest charge to a sub-VENDOR pursuant to the payment clause in this section shall not be construed to be an obligation of the City of Danville. A contract modification shall not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

3.24 Suspension of Work:

The work may be suspended by the City when deemed in the best interest of the City.

3.25 Termination:

If the VENDOR fails to begin the work under this contract within the time specified, of fails to perform the work with sufficient workmen and equipment or with sufficient materials to insure the completion of said work within the specified time, or shall perform the work in an unsatisfactory manner, or shall neglect or refuse to remove materials or perform anew such work as shall discontinue the prosecution of the work, or if the VENDOR shall become insolvent or be declared bankrupt, or shall commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry out the work in an acceptable manner, the City shall give notice in writing to the VENDOR and his surety of such failure, delay, neglect, refusal, or default, specifying the same and if the VENDOR, within a period of seven days after such notice, shall not proceed in accordance therewith, then the City Manager acting for and on behalf of the City shall, upon receipt of a written certificate from the Engineer of the fact of such failure, delay, neglect, refusal, or default and of failure of the VENDOR to comply with such notice, have full power and authority to declare the forfeiture of this contract, and to forfeit the rights of the VENDOR in this contract, and the City Manager at this option may call upon the surety to complete the work in accordance with the terms of this contract or may have the City take over the terms of this contract or may have the City take over the work, including any or all materials and equipment on the ground as may be suitable and acceptable to the City and may complete the work by or on its own employees, or may enter into a new contract for the completion of the work, or may use such other methods as in the opinion of the City Manager shall be required for the completion of the work in an acceptable manner. All costs and charges incurred by the City, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this contract.

In case the expense so incurred by the City shall be less than the sum which would have been payable under this contract if it had been completed by the VENDOR and

RFP-26-27-023 “Airfield Crack Sealing”

17 | P a g e had not been forfeited by the City, then the VENDOR shall be entitled to receive the difference, subject to any claims of liens thereon which may have been filed with the City or any prior assignment filed with it. In case such expense shall exceed the sum which would have been payable under this contract, the VENDOR and the surety shall be liable and shall pay the City the amount of such excess.

3.26 Work Changes:

A. The City without invalidating the contract, and without notice to any surety, may order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, providing the total amount added or eliminated does not exceed twenty-five percent (25%) of the total contract price, or $50,000.00, whichever is greater. All such changes in the work shall be authorized by change order and shall be executed under the applicable conditions of the contract documents.

B. The cost or credit to the City resulting from a change in the work shall be determined by unit prices subsequently agreed upon or by mutual acceptance of a lump sum properly itemized, or on the basis of cost of Work plus a VENDORs Fee for overhead and profit as determined below.

C. Should concealed conditions encountered in the performance of the work below the surface of the ground or hidden in existing structures be at variance with the conditions indicated by the contract documents, the contract price may be equitably adjusted by change order upon claim by either party and approval of the other party, made within either party and approval of the other party, made within twenty (20) days after the first observance of the conditions.

D. The VENDOR shall promptly, and before such conditions are disturbed, notify the

Project Manager in writing of: (a) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (b) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. The Project Manager shall promptly investigate the conditions, and if they find that such conditions do so materially differ and cause an increase or decrease in the VENDOR's cost of, or the time required for, performance of this contract, and equitable adjustment shall be made and the contract modified in writing accordingly.

Any claim of the VENDOR for adjustment hereunder shall not be allowed unless they have given notice as above required; or unless the Project Manager grants a further period of time before the date of final payment under the contract.

4.0 SPECIFICATIONS

The Vendor agrees that:

1. The City, in protecting its best interest, reserves the right to reject any or all proposals or waive any defects in favor of the City. Any changes, erasures, deletions in the unit or lump sum prices above, modifications in the proposal form, or alternate

RFP-26-27-023 “Airfield Crack Sealing”

18 | P a g e proposals not specified in the proposal shall make the proposal irregular and subject to rejection.

2. All quantities listed above are estimates only and the City reserves the right to raise, lower, or eliminate any quantity or item and in any case the unit or lump sum prices shall be used in determining partial or final payment.

3. If awarded the contract, to execute and deliver to the City within ten (10) consecutive calendar days after their receipt of the contract documents, a satisfactory Performance Bond and Labor & Material Bond, as required, in the amount of one hundred percent (100%) of the contract amount along with the signed agreement.

(Applicable)

4. In case of failure on their part to execute the said agreement within ten (10) consecutive calendar days after receipt of the contract documents, the monies payable by the Security accompanying this proposal shall be paid to the City of Danville, Virginia, as liquidated damages for such failure; otherwise, the Security accompanying this proposal shall be returned to the Vendor.

5. The work under this contract shall commence not later than five (5) consecutive calendar days after the date of a written Notice To Proceed is given by the City to the

VENDOR.

6. The amount of Liquidated Damage, as stipulated in the specifications, shall be Two hundred fifty dollars ($XXX.XX) for each day, including Saturdays, Sundays, and Holidays, after the established date of completion. (Not Applicable)

7. This proposal is subject to acceptance within a period of ninety (90) days from the date of this proposal.

Evaluation and Award The City intends to make an award using the evaluation criteria listed in this RFP to determine the best value, considering all factors in the proposals submitted. Best value means the expected outcome of an acquisition that, in the City’s estimation, provides the greatest overall benefit to the City of Danville. The City reserves the right to reject any or all offers and to not make an award.

A selection committee composed of City staff will review all proposals. Through this process, the City will determine which proposals are acceptable or unacceptable. The City will notify, in writing, any Offeror whose proposal is deemed to be unacceptable. Those Offerors offering proposals deemed acceptable will be evaluated and scored by the selection committee based on the criteria below.

• Overall qualifications of the contractor including key personnel assigned to project. (25%)

• Prior experience of contractor with similar projects. (35%)

• Price identified by the contractor to complete the project (40%)

RFP-26-27-023 “Airfield Crack Sealing”

19 | P a g e

Upon the selection committee’s completion of its proposal evaluations, it will select at least two

(2) Offerors, if there be that many, who are deemed fully qualified and best suited to advance to the discussion and negotiation phase or, should the selection committee 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, the City may then negotiate and award a contract to that Offeror.

Otherwise, the selection committee will then negotiate with the selected Offeror(s) utilizing a forced elimination process. To inform this process, the selection committee may require multiple informal meetings or discussions with the selected Offeror(s). The selection committee may request revisions

Proposal Contents:

Submit one (1) original and three (3) hardcopies.

Proposals should include the following information:

A. A brief history of the company B. Statement of Qualifications – A description of similar projects successfully completed by the company in the past year. Include the name and contact information of each client for reference purposes.

C. Identify whether the contractor or a subcontractor will be responsible for completing the crack seal work.

D. Project Schedule identified to complete the crack seal work.

E. Total lump sum price.

Letter stating willingness to be interviewed on site at the City of Danville and provide documentation to interested parties.

5.0 BIDDING DOCUMENTS

The undersigned Proposer acknowledges receipt of the following Addenda which have been considered in the preparation of this Proposal:

No. Dated

No. Dated

CONTRACTOR: DATE:

RFP-26-27-023 “Airfield Crack Sealing”

20 | P a g e

ADDRESS: PHONE:

FAX #: Email

Signature:

(Signed)

Signature:

(Printed or Typed)

Title:

City of Danville Business License #

Federal Tax #

Registered as a contractor under Chapter 175E, Section 4539(117), Code of Virginia as amended by Chapter 404, Act of Assembly, 1944, Certificate No.________________________________

Virginia SCC registration No.______________________

The Vendor further agrees:

• I agree to abide by all conditions of this Proposal and that I am authorized to sign this Proposal.

• The accompanying proposal is not the result of, or affected by, any unlawful…