City of Salem, Virginia • RFP #2027-014 • On Demand Paving Services

RFP #2027-014

On Demand Paving Services

City of Salem, Virginia

Purchasing Department 114 North Broad Street Salem, Virginia 24153

Phone: (540) 375-3063

RFP Number: RFP #2027-014

Title: On Demand Paving Services

Issue Date: Monday, October 12, 2026

Questions Deadline: Wednesday, October 21, 2026 at 5:00 P.M. (Local Time)

Proposals Due: Friday, October 30, 2026 at 3:00 P.M. (Local Time)

Procurement Contact: Benjamin Denton, Procurement Manager Phone: (540) 375-3063

Email: bkdenton@salemva.gov

This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, §2.2-4343.1, or against a bidder or Offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status, or any other basis prohibited by state law.

The City of Salem is soliciting sealed proposals from qualified contractors to establish term contracts, through competitive negotiation, for on demand asphalt paving and asphalt patching services on an “as needed” basis at locations in and around the City of Salem, in accordance with the requirements set forth in this Request for Proposal (RFP).

The City of Salem, Virginia, and its officers, employees, and agents shall not be responsible for the premature opening of any proposal envelope or package that is not properly sealed and clearly marked in accordance with the requirements set forth herein.

The City of Salem reserves the right to cancel this solicitation, reject any or all proposals, waive minor informalities or irregularities, award in whole or in part, and make award to the Offeror whose proposal is determined, in the sole discretion of the City, to be in the best interest of the City.

During an active solicitation, all communications (email, phone, text, letter) must be conducted through the Purchasing Department. Vendors who violate this protocol may be disqualified at the discretion of the Procurement Manager.

As this is a Request for Proposal, an evaluation committee will be established to review and evaluate all responses. No information regarding the identity of either the Offerors or the contents will be released until after the negotiation process. Once an award has been made, all proposals will become public information, except for information properly protected from disclosure under applicable law. If your proposal contains proprietary information, please make note of such on the form attached (Attachment A - Proprietary Information Form)

The “Offeror Data/Signature Sheet” found below must be completed by the Offeror and returned with the proposal. By signing, the Offeror agrees that all pricing and terms shall remain firm for ninety (90) days following the proposal opening date.

Any notice of proposal withdrawal must be submitted in writing to the Purchasing Department prior to the proposal opening.

OFFEROR DATA/SIGNATURE SHEET

Legal Name and Address:

Signature (ink): Date:

Printed Name: Title:

Phone: Fax:

Email: Business License #:

Federal Tax ID #: VA SCC ID #:

TABLE OF CONTENTS

OFFEROR DATA/SIGNATURE SHEET

TABLE OF CONTENTS

I. PURPOSE

II. BACKGROUND

III. SCOPE OF WORK

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

V. EVALUATION AND AWARD OF CONTRACT

VI. CONTRACT PERIOD

VII. CONTRACT ADMINISTRATOR

VIII. COOPERATIVE AGREEMENT

IX. REFERENCES

X. INVOICING

XI. PROTESTS

XII. RELEASE OF INFORMATION AND AWARD ANNOUNCEMENT

XIII. REJECTION AND AWARD OF PROPOSAL

XIV. INSURANCE

XV. GENERAL TERMS AND CONDITIONS

XVI. SPECIAL TERMS AND CONDITIONS

Attachment A – Proprietary Information Form Attachment B – Price Proposal Attachment C – Offeror Certifications

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

I. PURPOSE

The City of Salem (the “City”) is seeking proposals from qualified contractors to establish term contracts, through competitive negotiation, for on demand asphalt paving and asphalt patching services. Work will be performed on an “as needed” basis at City streets, parking lots, trails, and other City-owned facilities and properties in and around the City of Salem.

The goal of this RFP is to establish contracts with qualified Contractors who agree to provide services in a timely manner, thereby reducing the City’s cost and time associated with advertising and developing multiple Invitations to Bid (ITBs) and improving the City’s overall efficiency in obtaining paving services.

The City intends to award contracts to more than one qualified Contractor. Award of a contract will not guarantee that a Contractor will perform any or all projects for the City. Rather, it will entitle the Contractor, when requested by the City, to submit a price quote for specific projects. No individual project issued under this contract shall exceed $500,000.

The City makes no guarantee of any minimum or maximum amount of work. Award of a contract does not guarantee that any Purchase Agreement will be issued, and Contractors shall not be entitled to compensation for lack of work.

II. BACKGROUND

The City of Salem is an independent city encompassing approximately fourteen (14) square miles, nestled in the heart of Virginia’s Blue Ridge Mountains within the Roanoke Region. Conveniently located along Interstate 81, Salem is home to approximately 25,346 residents and is part of the larger Roanoke Metropolitan Area, which has a regional population of approximately 313,786.

Throughout the year, the City frequently requires asphalt paving and patching services for repairs, maintenance, renovations, and other related work on City streets, parking lots, trails, and other paved areas at various City-owned facilities and properties. In many instances, the scope or complexity of these projects exceeds the capabilities of City staff. This contract will be used to engage qualified Contractors, allowing the City to expedite project delivery and efficiently address these needs.

III. SCOPE OF WORK

The selected Contractor(s) shall provide all supervision, labor, tools, materials, supplies, equipment, transportation, record documentation, and other associated work necessary to perform asphalt paving and asphalt patching services for the City on an “as needed” basis. Demonstration of the Offeror’s capability to perform the services described in this Section is a material component of this solicitation. At a minimum, the scope of work shall include the following:

A. Service Categories Offerors may propose on one or both of the following service categories and shall indicate their selection on Attachment C:

• Asphalt Paving

• Asphalt Patching Offerors do not need to be able to provide both services, but must be able to provide professional expertise in each service category for which they desire consideration for selection.

B. General Requirements

• Services shall be provided in a competent manner that maintains the quality of City operations and minimizes the interruption of City services.

• The Contractor shall provide services as guided by the City’s plans and specifications, as available, and the applicable codes and standards governing the work in the Commonwealth of Virginia.

• All work shall be of the highest quality as measured by the highest standards or grade of the trade involved, except where a lower standard or grade is defined in the City’s contract documents or instructions.

• Where project documentation is limited, the Contractor shall ensure that all materials and workmanship conform to the high-quality standards established by the City. The full scope of work shall encompass all aspects reasonably implied or inferred from the documents provided.

• No single project issued under this contract shall exceed $500,000.

C. Project Requests and Work Authorization

• The City will periodically request quotes or proposals from Contractors for specific projects on an “as needed” basis. Contractors will generally be assigned work on a rotational basis within each service category; however, the City reserves the right to assign work outside of rotation based on availability, performance, pricing, or the City’s best interest. For any given project, the City may request quotes from one or more Contractors.

• The City will provide a scope of work for each project, including materials, equipment, and installation requirements, and any technical specifications or drawings that apply.

• Contractors will be requested to submit quotes on a Fixed Price (FP), Unit Price (UP), or Time and Materials (T&M) basis, depending on the nature of the work, and to identify any materials or items with extended lead times. Time and Materials work shall be billed at the rates established in Attachment B, and a not-to-exceed amount shall be established for every Time and Materials Purchase Agreement.

• The City reserves the right to request a breakdown of material and labor costs on any fixed price quote. If requested, the Contractor agrees to provide a breakdown of all costs.

• Contractors may rely on personal inspection and/or contact the City to obtain access to existing drawings. It remains the Contractor’s responsibility to field-verify all measurements and site conditions prior to submitting any quote. The City reserves the right to furnish any or all materials to the Contractor for any given project and invoice the Contractor accordingly.

• When requested, the Contractor shall submit a detailed plan of operation for a project, addressing personnel assigned, Contractor inspection and quality review procedures, warranty provisions, and a schedule outlining each phase of the project from start to completion, including any follow-up work. The City may compare the Contractor’s plan to its own internal project plans to determine whether to complete the work using City resources or the Contractor’s services.

• All work shall be performed pursuant to a written Purchase Agreement issued by the City defining the scope of work, location, schedule, and compensation method. No work shall begin until a Purchase Agreement has been executed and approved by the City. The Contractor shall obtain written approval from the City before performing any work that would exceed the Purchase Agreement amount.

• The Contractor shall make site visits and schedule meetings as needed to clarify the scope of work, and shall provide a bi-weekly status report of all active, pending, and closed projects. At a minimum, the report shall provide the City’s assigned project number, descriptive title, current working estimate, start date, estimated/actual completion dates, percent complete, and a remarks field.

• The City reserves the right to complete any project with its own forces or another contract, or to cancel a procurement at any time. The City further reserves the right to terminate any contract if a Contractor does not submit a quote on any project over a one-year period, or if a Contractor consistently fails to meet established or agreed-upon completion dates.

D. Contractor Requirements At a minimum, the Contractor shall:

• Be licensed by the Commonwealth of Virginia Board for Contractors, holding the appropriate license class (Class A, B, or C) for the work quoted, as described in Section XVI, Contractor Registration.

• Provide high-quality services equal to or better than industry standards, including prompt response to requests for service and completion of projects in a timely manner once guidelines and timetables are established by the City. Work in progress will be inspected periodically by the City for adherence to Commonwealth of Virginia recognized codes and quality workmanship.

• Plan its work to minimize disruption to City operations, with the understanding that regular City work hours vary within the timeframe of 7:00 a.m. to 5:00 p.m., Monday through Friday, except holidays observed by the City.

• Maintain sufficient representation in the Salem area to adequately meet the City’s needs. The Contractor’s representative shall be responsible for working with City departments and shall provide assistance, expedite work, correct deficiencies, and resolve problems that arise during work in progress.

• Provide a competent, well-trained, and experienced staff that exhibits professionalism and service excellence, and maintain qualified on-site supervision at all times during the performance of the work. On-site supervision shall be empowered to act on behalf of the Contractor.

• Staff its workforce, and the workforce of its subcontractors, with licensed journeymen with demonstrated experience in their respective fields of work, where applicable.

• Ensure that all employees of the Contractor and its subcontractors wear uniforms or other appropriate City-approved attire at all times to designate their affiliation with the Contractor.

• Work under the same conditions as City personnel, including adherence to Commonwealth of Virginia safety codes and standards and scheduling work around the City’s special events and holidays.

• Before beginning work on any project, furnish the City the names, qualifications, and experience of any proposed subcontractors, together with all emergency contact numbers for the Contractor and each subcontractor. The Contractor shall be responsible for supervising and directing all work and subcontractors. The City reserves the right to reject any proposed subcontractor.

E. Site Conditions and Use of Premises The Contractor shall:

• Report to the City, in its original quote, any existing damage found at the site prior to beginning any work.

• Repair or replace any work damaged by its operations within ten (10) days after notification by the City, unless delayed by availability of materials.

• Coordinate and schedule all work with the City to minimize disruption of operations. Access for work in restricted areas requires a 48-hour minimum notice to the City, and work in these areas may require an escort.

• Perform its work in a manner that minimizes interruptions to, or interference with, ongoing activities on the premises or the work of any other contractor, and store apparatus, materials, supplies, and equipment at the work site in an organized manner.

• Place on the work, or any part of it, only those loads that are consistent with the safety and structural integrity of that portion of the work.

• Provide secure storage for materials or equipment that are valuable or susceptible to theft, and report any theft or vandalism promptly to the City of Salem Police Department.

• Provide adequate dust control in accordance with applicable codes to ensure the safety of the public, City employees, and contract workers.

• Perform all necessary cutting, filling, or patching of its work to ensure conformity with the drawings and specifications. Except with the City’s prior consent, the Contractor shall not cut or alter the work of any other contractor, or damage or compromise any portion of the work or premises, including existing improvements, except as expressly required by the contract.

• Clean up all refuse, rubbish, scrap materials, and debris generated by its operations on a daily basis. No such materials shall be left within completed work or buried on the site. All waste shall be removed and properly disposed of at a licensed facility in accordance with applicable law. If requested, the Contractor shall provide evidence, such as weight tickets, confirming that materials have been hauled to a recycling facility.

• Prior to final payment, remove all surplus materials, temporary structures, equipment, and debris resulting from its operations, leaving the site neat and orderly, and clean all finished surfaces and adjacent areas, including curbs, gutters, sidewalks, and drainage structures, removing asphalt, tack coat, and other defacements. If the Contractor fails to perform the required cleanup, the City may do so and charge the associated costs to the Contractor.

• During construction and upon completion of the work, prevent soil erosion, the runoff of silt or debris-laden water, and the dispersal of debris off the site, in accordance with the latest edition of the Virginia Erosion and Sediment Control Handbook and the project documents.

• Utilities: The City will provide water and electricity as needed for the performance of the work, where available. The Contractor shall furnish all necessary connections, including hoses, cords, and similar equipment, and shall provide these utilities where they are not available. Use of City utilities and sanitary facilities shall not disrupt any City operations, events, or services provided to employees or the public.

• Parking Policy: All Contractor vehicles parked on City property must display a valid parking permit. Vehicles parked without a permit are subject to ticketing and fines. Company-owned Contractor vehicles may use designated parking lots for overnight parking, and no vehicle may remain parked for more than 24 hours.

• Sidewalk Policy: Sidewalk access to landlocked buildings is permitted only along designated routes. Parking an unattended vehicle on a sidewalk is prohibited by State law and may result in ticketing, fines, and towing. Vehicle operators must exercise extreme caution to avoid creating hazards or obstructions for pedestrians, and the Contractor shall be responsible for any damage to turf or adjacent property.

F. Inspection, Supervision, and Conduct

• The Contractor shall notify the City’s designated representative prior to commencing work to schedule all required inspections. Any failure by the City to disapprove or reject defective or inferior work or materials shall not constitute final acceptance. If defective work or materials are identified, the Contractor shall, at its own expense, remove, repair, rebuild, or replace such work or materials within ten (10) days of receiving written notice from the City. Any work covered without prior approval must, if required by the City, be uncovered for examination at the Contractor’s expense.

• The City, its designated agents, any relevant public authorities, and their representatives shall have access to the work at all times during preparation and progress. The Contractor shall provide safe means and facilities for such access and inspection.

• The Contractor shall be responsible for all construction means, methods, sequences, and procedures, for coordinating all portions of the work, and for implementing all safety and worker health programs and practices.

• The Contractor shall maintain strict discipline and good order among all workers on the project and shall not employ any person who is unfit, unskilled for the assigned work, or unwilling to work cooperatively with others on the project. The City may require the Contractor to remove from the work site any employee whom the City considers incompetent, careless, disruptive, or otherwise objectionable.

• The Contractor shall be responsible for maintaining proper employee conduct, ensuring that its employees are neither boisterous nor rude, and preventing any destructive or unlawful activity.

G. Warranty of Materials and Workmanship The Contractor warrants that, unless otherwise specified, all materials and equipment incorporated into the work shall be new and free from defects, in accordance with the contract documents, for a period of one (1) year. The Contractor further warrants that all workmanship shall be of the highest quality, performed in accordance with the contract documents, and executed by qualified and licensed personnel. Any work not conforming to these warranties shall be deemed defective. This warranty is separate from, and in addition to, any other guarantees provided under this contract.

H. Safety and Protection of Persons and Property

• The Contractor, directly and through its subcontractors, shall at all times take all necessary precautions to protect persons and property on or affected by the work, and shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work.

• The Contractor shall continuously maintain adequate protection of all work and shall safeguard City and adjacent property from damage, injury, or loss arising in connection with the work, including providing and maintaining all necessary passageways, guard fences, lighting, and other protective measures required by public authorities, local conditions, or the contract documents. Any such damage, including damage to finished surfaces, shall be repaired to the City’s satisfaction at the Contractor’s expense, except where directly caused by errors in the contract documents or by the City.

• Safety Precautions: The Contractor shall comply with all rules and regulations of the Virginia Department of Labor and Industry (VDLI) and the Occupational Safety and Health Administration (OSHA). The Contractor shall be solely responsible for the safety, efficiency, and adequacy of its equipment, appliances, and methods, shall erect and maintain proper safeguards, including warnings of any hazards created by its operations, and shall designate a responsible member of its organization to oversee accident prevention. Unless the City is notified otherwise in writing, this person shall be the Contractor’s superintendent.

• Existing Utilities: The Contractor shall verify with the City’s representative the locations of existing underground utilities within the work area and provide adequate protection for utilities that are to remain in place. If uncharted or incorrectly located utilities are encountered, the Contractor shall immediately consult the City for instructions, and shall cooperate with the City and utility companies to maintain uninterrupted services. The Contractor is responsible for contacting the Virginia Utility Protection Service (VA811) prior to commencing any work.

I. City Responsibilities The City will provide:

• A scope of work for each requested project, including any applicable specifications or drawings.

• Access to existing drawings and site information in the City’s possession, upon request.

• A designated project representative to coordinate scheduling, site access, and inspections.

• Water and electricity for the work where available, as described in Section III.E.

• Inspection of work in progress and written acceptance of completed work.

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

A. General Requirements

• Proposals must be received by hand delivery, mail, or electronic submission through eVA at www.eva.virginia.gov no later than 3:00 p.m. (local time) on Friday, October 30, 2026. Electronic submission through eVA is preferred.

• Offerors submitting paper proposals shall provide one (1) original and two (2) copies in a sealed envelope clearly marked: “Attn: Purchasing Dept. – RFP #2027-014 – On Demand Paving Services.”

Paper proposals must be mailed or hand-delivered to: City of Salem Purchasing Department, 114 North Broad Street, Salem, VA 24153.

• Offerors submitting electronically must be registered vendors in eVA (Business Opportunities >

Virginia Business Opportunities). Registration is free. For eVA assistance contact 1-866-289- 7367 or eVACustomerCare@dgs.virginia.gov.

• The City is not responsible for delays caused by the eVA platform, vendor registration issues, or internet outages. Timely submission is the Offeror’s sole responsibility.

• Proposals submitted via facsimile or email will not be accepted.

• If submitting a paper response, proposals must be signed in ink by an authorized officer. Any erasures or corrections must be initialed in ink.

• Late proposals will not be considered and will be marked “Late” and retained unopened.

• Failure to comply with any requirement of this RFP may result in rejection of the proposal.

• All written inquiries must be submitted in writing prior to 5:00 p.m. (local time) on Wednesday, October 21, 2026 to: Benjamin Denton, Procurement Manager, bkdenton@salemva.gov. Oral instructions carry no weight; only written addenda are binding.

• Offerors organized as corporations, LLCs, business trusts, limited partnerships, or registered LLPs must be authorized to transact business in Virginia as required by Title 13.1 or Title 50 of the Code of Virginia. Please contact the SCC to determine whether your firm should register.

• Partnerships with other firms are acceptable and encouraged. Where more than one firm is involved, the prime Offeror shall be clearly identified and shall be solely responsible for performance of the contract.

• Proposals must be organized in the order in which the requirements are presented in this RFP, and each section of the proposal must reference the corresponding requirement cited in the RFP. All pages must be numbered and the proposal must contain a table of contents that cross-references the RFP requirements. Information the Offeror wishes to present that does not fall within a stated requirement must be attached at the end of the proposal and designated as additional material.

• Proposals should be prepared simply and economically, emphasizing completeness and clarity of content. Elaborate brochures and other representations beyond that sufficient to present a complete and effective proposal are neither required nor desired. No proposal, in its entirety, should exceed one hundred (100) pages, printed one-sided.

• The City is not responsible for any costs incurred in the development or delivery of the proposal.

• Oral Presentations: At the City’s discretion, Offerors may be required to participate in an oral presentation or interview to clarify aspects of their proposal. Such sessions shall not constitute negotiations unless the City specifically identifies them as negotiation sessions.

B. Specific Proposal Requirements The following information must be furnished by the Offeror:

• Cover Letter and Company Overview: Full legal name, form of organization, office location(s), Virginia SCC identification number, Virginia contractor license number and class, eVA https://eva.virginia.gov/ registration status (if applicable), and contact information for the primary point of contact who will be responsible for coordinating the efforts and personnel of all parties and subcontractors involved in the proposal.

• Service Category Selection: Identify the service category or categories (Asphalt Paving and/or Asphalt Patching) for which the Offeror is submitting a proposal. Complete Attachment C.

• Organizational Structure: Provide an organizational chart indicating which individuals or positions would have knowledge of an agreement with the City, and the degree to which each person would be responsible to a City account, including the names of project managers and construction superintendents. If more than one firm is involved, state the type of arrangement between the firms and the percentage of work to be performed by each.

• Licenses and Certifications: Provide proof of all required licenses and certifications, including a copy of the Offeror’s Virginia contractor license, of the appropriate class for the work the Offeror intends to quote, and any applicable state, federal, or other licenses related to the service category or categories proposed.

• Qualifications and Experience: Describe the Offeror’s overall experience in providing asphalt paving and/or asphalt patching services similar to those requested by the City. Provide a list of at least three (3) projects related to each service category proposed, identifying the owner, location, scope, and contract value.

• Plan for Providing Services: Provide a complete and detailed description of the Offeror’s methodology and plan for providing the services described herein, and describe the Offeror’s commitment to the City in terms of resources, personnel, equipment, investment, and overall capacity.

• Geographic Location: Identify the location of the Offeror’s primary office and resources in relation to the City of Salem. If the Offeror is not located within a reasonable proximity to the City, the Offeror shall demonstrate its capacity and approach to effectively perform and manage out-of-town projects.

• Subcontractors: Provide a list of subcontractors the Offeror intends to utilize in the performance of these services, with their qualifications and the scope each will perform. The Contractor shall remain fully liable and responsible for the work performed by its subcontractors.

• Bonding: Indicate the Offeror’s willingness to furnish Commonwealth of Virginia Standard Performance and Labor and Material Payment Bonds for projects, if and when requested by the City.

• References: At least four (4) references who can attest to the Offeror’s experience and services on similar projects, preferably Virginia public bodies. Include the name of the entity, contact person, telephone number, email address, the project performed, and the dollar amount of the project.

• Cooperative Procurement Election: State whether the Offeror will extend the terms, conditions, and pricing of any resulting contract to other public bodies as described in Section VIII. An Offeror’s election not to extend cooperative use shall not be used as a basis for scoring or evaluation. Complete Attachment C.

• State Corporation Commission Identification Number: Provide the SCC identification number, or a statement describing why the Offeror is not required to be so authorized, on Attachment C.

• Price Proposal: Complete and return Attachment B – Price Proposal in its entirety. The rates proposed will apply to Time and Materials work authorized under Purchase Agreements issued pursuant to any resulting contract.

• Proprietary Information: If the proposal contains proprietary information, complete and return Attachment A – Proprietary Information Form and provide one (1) redacted copy of the proposal, clearly marked “Redacted Copy,” in which each redacted portion is identified by section and paragraph (for example, “Section 3, paragraph B: Redacted”). The Offeror is responsible for ensuring that the redacted version is carefully edited to protect and maintain the confidentiality of protected information.

The Offeror’s proposal shall remain valid for not less than ninety (90) days from the submission deadline. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled.

V. EVALUATION AND AWARD OF CONTRACT

Award: An evaluation committee will review and evaluate all responses. No information regarding the identity of Offerors or the contents of proposals will be released until after the negotiation process. Selection shall be based on the criteria below. Following evaluation of the initial proposals, the City may conduct interviews or presentations to clarify proposals. In accordance with §2.2-

4302.2 of the Code of Virginia, the City will select two (2) or more Offerors deemed fully qualified and best suited and will conduct negotiations with each Offeror selected. If the City determines in writing that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, the City may negotiate with and award a contract to that Offeror.

Award to Multiple Offerors: The City intends to award contracts to more than one qualified Offeror and reserves the right to make multiple awards in each service category. Offerors will be evaluated for each service category selected on Attachment C.

Evaluation Criteria: Proposals will be evaluated by the City based upon the following, weighted criteria:

Evaluation Criteria Weight

Qualifications and Experience – Demonstrated experience providing asphalt paving and/or asphalt patching services of similar scope, including licensure, certifications, key personnel, and project history.

30%

Plan for Providing Services – Quality of the Offeror’s methodology and plan for providing the services, and its commitment of resources, personnel, equipment, and capacity to respond to City requests in a timely manner.

30%

Geographic Location – Proximity of the Offeror’s primary office and resources to the City of Salem, or demonstrated ability to effectively perform and manage work from its location.

20%

Demonstrated Ability to Perform Work Within Budget – Record of completing similar projects within budget, as demonstrated through references and past performance, and the reasonableness of the rates proposed on Attachment B.

20%

Proposals will be scored using the following scale:

5 – Excellent | 4 – Good | 3 – Satisfactory | 2 – Marginal | 1 – Poor | 0 – Non-Responsive

VI. CONTRACT PERIOD

This contract will be awarded for a period of one (1) year with the option to renew for four (4) additional one (1) year periods, for a total contract length of five (5) years, upon mutual understanding and written agreement of terms. The City does not guarantee any volume of work to the awarded Contractor(s), as future projects under this contract are not quantifiable.

The City may terminate the contract, in whole or in part, without cause upon thirty (30) days’ written notice to the Contractor. Termination does not relieve the Contractor of its obligation to complete all work under Purchase Agreements issued prior to the effective date of termination.

VII. CONTRACT ADMINISTRATOR

Any resulting contract will be issued by the City of Salem Purchasing Office. The Procurement Manager is authorized to act on behalf of the City to administer this contract, including the issuance of contract modifications. The City department requesting each project will designate a project representative who will serve as the Contractor’s day-to-day point of contact for that project. The department project representative has no authority to modify the contract, to change contract pricing, or to authorize work outside the scope of the applicable Purchase Agreement.

VIII. COOPERATIVE AGREEMENT

This procurement is being conducted on behalf of other public bodies pursuant to §2.2-4304 of the Code of Virginia. Any resulting contract may be used by other public bodies, including but not limited to counties, cities, towns, school divisions, authorities, and other political subdivisions of the Commonwealth of Virginia, provided the Contractor agrees to extend the same terms, conditions, and pricing to such public bodies.

The Contractor is not obligated to accept work from any other public body and may decline such work without penalty or effect on its standing under the City’s contract. Any public body electing to use this contract will do so under a separate purchase order or contract document executed directly between that public body and the Contractor. The City of Salem assumes no liability, responsibility, or obligation for orders placed, payments owed, or performance rendered under any such separate agreement.

Offerors shall state on Attachment C whether they will extend the terms of any resulting contract to other public bodies. An Offeror’s election not to extend cooperative use shall not be used as a basis for scoring or evaluation.

IX. REFERENCES

All Offerors shall include at least four (4) references who can attest to the Offeror’s experience and services on similar projects, and include these in the Proposal. References may be contacted at the City’s discretion. The City reserves the right to contact additional references not furnished by the Offeror.

X. INVOICING

The Contractor shall submit invoices upon completion of the work authorized under each Purchase Agreement, or monthly for work in progress where the Purchase Agreement so provides. Invoices shall not exceed the Purchase Agreement amount without the City’s prior written approval. Each invoice must include:

• Company name, contract number, and purchase order number

• Project name or location and the using department

• A description of the work performed and the dates of service

• For Unit Price work, the quantities completed and the applicable unit prices

• For Time and Materials work, labor hours by classification and equipment hours at the rates established in Attachment B, and material costs with supporting vendor invoices

• Invoice date, invoice number, and amount due

The City may withhold payment for work that has not been inspected and accepted. Final payment for each project shall be made following the City’s acceptance of the completed work and cleanup of the site.

All invoices must be submitted to:

City of Salem

Attn: Finance Department P.O. Box 869

Salem, Virginia 24153

XI. PROTESTS

Any Offeror wishing to protest an award or other decision pursuant to this RFP may do so only in accordance with §§2.2-4357 through 2.2-4364 of the Code of Virginia. Any protest must be in writing, signed by an authorized representative, and delivered to the City Procurement Manager within the required timeframe.

XII. RELEASE OF INFORMATION AND AWARD ANNOUNCEMENT

No information regarding the identity of Offerors or the contents of proposals will be released until after the negotiation process. If your proposal contains proprietary information, note it on Attachment A – Proprietary Information Form.

Upon award, the City will notify all Offerors in writing. A notice of award will be posted on the City of Salem Purchasing website at https://www.salemva.gov/Bids.aspx. All materials submitted become the property of the City and are subject to public inspection under the Virginia Freedom of Information Act, except for information properly protected from disclosure under applicable law.

XIII. REJECTION AND AWARD OF PROPOSAL

The City of Salem reserves the right to cancel this RFP, reject any or all proposals, waive any informality or irregularity, and award to the Offeror whose proposal is, in the City’s opinion, in its best interest.

XIV. INSURANCE

By signing and submitting a proposal, the Offeror certifies that if awarded the contract, it will have the following coverage in place at the time work commences, maintain it throughout the contract term, including the duration of any Purchase Agreement issued hereunder, and that all coverage will be provided by insurers authorized in the Commonwealth of Virginia. The City of Salem, its officers, employees, and agents shall be named as additional insureds on the Commercial General Liability, Automobile Liability, and Excess/Umbrella Liability policies on a primary and non-contributory basis, and the Contractor’s insurance shall include a waiver of subrogation in favor of the City to the extent permitted by law. Certificates of Insurance are required prior to commencement and at renewals. A thirty (30) day written notice of cancellation or non-renewal is required:

• Workers’ Compensation: Statutory

• Employer’s Liability: Each Accident: $100,000 | Disease, Policy Limit: $500,000 | Disease, Each Employee: $100,000

• Commercial General Liability: Each Occurrence (Bodily Injury and Property Damage):

$1,000,000 | General Aggregate: $2,000,000

• Excess/Umbrella Liability: Each Occurrence: $3,000,000 | General Aggregate: $3,000,000 https://www.salemva.gov/Bids.aspx

• Automobile Liability: Bodily Injury, Each Accident: $1,000,000 | Property Damage, Each Accident: $1,000,000

XV. GENERAL TERMS AND CONDITIONS

Contract Formation: Any contract resulting from this RFP shall become effective upon execution by authorized representatives of the City and the Contractor. No work shall be performed and no costs shall be incurred until the Contractor has received a Purchase Agreement for the specific project from the City.

Entire Agreement: These terms, together with any special conditions and specifications, constitute the complete agreement and supersede all previous written or oral communications.

Changes, Additions, Deletions: No changes will be permitted without prior written approval from the City of Salem Purchasing Office.

Contractual Disputes: All claims shall be resolved through the City of Salem’s Purchasing Policy and Procedures Manual Section 4007. The City and the Contractor are encouraged to resolve any issue in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution procedures pursuant to §2.2-4366 of the Code of Virginia.

Availability of Funds: It is understood and agreed between the parties that the City shall be bound hereunder only to the extent that funds are appropriated and remain available for the purpose of this contract.

Tax Exemption: The City of Salem is exempt from State Sales Tax and Federal Excise Tax (Federal Tax ID: 54-6001593). This exemption does not transfer to the Contractor.

Proposal Price Currency: Unless stated otherwise in this solicitation, Offerors shall state proposed prices in U.S. dollars.

Antitrust: By entering into a contract, the Offeror assigns to the City all rights and causes of action under federal and Virginia antitrust laws relating to the goods or services purchased.

Indemnification: The Contractor agrees to indemnify, defend, and hold harmless the City, its officers, agents, and employees from all claims arising out of performance of this contract.

License Requirements: Firms with a business location in the City of Salem must be licensed under the City’s BPOL Tax Ordinance. Contact the Commissioner of the Revenue at (540) 375- 3019 with questions.

Anti-Discrimination: All Offerors certify conformance with the Federal Civil Rights Act of 1964, the Virginia Fair Employment Act of 1975, the Virginians with Disabilities Act, the Americans with Disabilities Act, and §2.2-4311 of the Code of Virginia, prohibiting discrimination in employment based on race, religion, color, sex, national origin, age, disability, or other protected status. In every contract over $10,000, the Contractor shall not discriminate against any employee or applicant for employment on any basis prohibited by state law, shall post notices setting forth the provisions of this nondiscrimination clause, shall state in all employment solicitations or advertisements that it is an equal opportunity employer, and shall include these provisions in every subcontract or purchase order over $10,000.

Nondiscrimination of Contractors: An Offeror or Contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, or any other basis prohibited by state law relating to discrimination in employment, or because the Offeror employs ex-offenders.

Drug-Free Workplace: Offerors must comply with §2.2-4312 of the Virginia Public Procurement Act, including providing a drug-free workplace, posting notice of the prohibition on controlled substances in the workplace, stating in employment advertisements that the Contractor maintains a drug-free workplace, and including these provisions in every subcontract or purchase order over $10,000.

Ethics in Public Contracting: By submitting a proposal, Offerors certify their proposals are made without collusion or fraud and that no kickbacks or inducements have been offered or received.

Applicable Law and Courts: This contract shall be governed by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions. Litigation shall be brought in the courts of the Commonwealth.

Independent Contractor: The Contractor is an independent contractor in all respects and is not an agent, servant, or employee of the City.

Subcontracting: Subcontracting requires prior written City approval. No subcontract relieves the Contractor of its obligations. Subcontractors must be paid within seven (7) days of the Contractor’s receipt of payment, per §2.2-4354 of the Code of Virginia.

Assignment: Neither party shall assign this contract without the prior written consent of the other party, nor to any party debarred from doing business with the Commonwealth of Virginia.

Debarment Status: By submitting a proposal, Offerors certify they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of services covered by this solicitation, and that they are not an agent of any person or entity currently so debarred.

Authorization to Transact Business in the Commonwealth: A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership, or registered as a registered limited liability partnership, shall be authorized to transact business in the Commonwealth as required by Title 13.1 or Title 50 of the Code of Virginia. Such an entity shall not allow its existence to lapse or its certificate of authority or registration to be revoked or cancelled at any time during the term of the contract. The City may void any contract with a business entity that fails to remain in compliance with this provision.

Federal Immigration Law Compliance: The Contractor shall not knowingly employ an unauthorized alien during performance of this contract, as defined in the federal Immigration Reform and Control Act of 1986.

Default: Upon failure to deliver services per contract terms, the City may, after due notice, procure from other sources and hold the Contractor responsible for resulting costs.

Gifts: No Offeror, Contractor, or subcontractor shall confer anything of more than nominal value on any public employee having official responsibility for this procurement, unless consideration of substantially equal value is exchanged.

E-Verify: In accordance with §2.2-4308.2 of the Code of Virginia, any Contractor with more than an average of fifty (50) employees for the previous twelve (12) months entering into a contract in excess of $50,000 shall register and participate in the E-Verify program to verify the work authorization of newly hired employees.

Records, Audit, and Public Records: The Contractor shall retain all books, records, and other documents relating to this contract for a period of not less than five (5) years following final payment, or for the retention period required by the Virginia Public Records Act and the applicable Library of Virginia records retention schedule, whichever is longer, and shall make such records available to the City and its authorized agents and auditors upon request. Records created or received by the Contractor in performing this contract on the City’s behalf may be public records subject to the Virginia Freedom of Information Act.

XVI. SPECIAL TERMS AND CONDITIONS

Purchase Agreements; Scope Changes: All work under this contract shall be authorized by a written Purchase Agreement for each project. Any change to the scope, schedule, or price of a Purchase Agreement requires a written change order issued by the Purchasing Office before the additional work is performed. The Contractor shall not perform out-of-scope work in reliance on verbal direction.

No Guarantee of Work: The City makes no guarantee of any minimum or maximum amount of work under this contract. The Contractor shall not be entitled to compensation for lack of work.

Bonds: At its discretion, the City may require the Contractor to furnish Commonwealth of Virginia Standard Performance and Labor and Material Payment Bonds for individual projects. Bid bonds will not be required for any projects issued under this contract.

Contractor Registration: If a contract for construction, removal, repair, or improvement of a building or other real property is for one hundred and twenty thousand dollars ($120,000) or more, or if the total value of all such contracts undertaken by the Offeror within any 12-month period is seven hundred and fifty thousand dollars ($750,000) or more, the Offeror is required under Title 54.1-1100 of the Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors as a “CLASS A CONTRACTOR.” If such a contract is for ten thousand dollars ($10,000) or more but less than one hundred and twenty thousand dollars ($120,000), or if the total value of all such contracts undertaken by the Offeror within any 12-month period is between one hundred and fifty thousand dollars ($150,000) and seven hundred and fifty thousand dollars ($750,000), the Offeror is required to be licensed as a “CLASS B CONTRACTOR.” If such a contract is for one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000), or if the Contractor does less than $150,000 in business in a 12-month period, the Offeror is required to be licensed as a “CLASS C CONTRACTOR.” If the Offeror fails to provide its contractor license number when requested, before or after the opening of responses, it shall be deemed to be in violation of §54.1-1115 of the Code of Virginia and its response will not be considered.

Prime Contractor Responsibility for Subcontracts: No portion of the work shall be subcontracted to a subcontractor not already identified in the proposal without a prior written request from the Contractor and the written consent of the Procurement Manager. The Contractor shall furnish the Procurement Manager and the department project manager with the names, qualifications, and experience of any proposed subcontractor. The Contractor remains fully liable and responsible for the work performed by its subcontractors and shall ensure compliance with all requirements of the contract.

Appropriate Licensure, Certifications, and Credentials: The Contractor shall submit copies of appropriate licensure, certifications, and credentials upon award and as subsequently requested by the City.

Use of City Name; Advertisement: The Contractor shall not state in any advertising or promotional material that the City of Salem has purchased or uses its services, shall not include the City in any client list used in advertising or promotional materials, and shall not issue any press release or social media post concerning this project without the City’s prior written approval.

Claims: The Contractor shall be responsible for all damage and expense to persons or property caused by its negligent acts or omissions, including those of its subcontractors, agents, or employees, in connection with the services required under this contract.

Policy of Equal Employment: The City of Salem is an equal opportunity employer and encourages all vendors to establish and maintain a policy to ensure equal…