RFP 01-4101-27; Annual Services; Emergency & Non-Emergency Repairs FINAL.pdf

REQUEST FOR PROPOSALS (RFP)

Issue Date: August 26, 2026

RFP Solicitation Title:

City of Williamsburg, Annual Services For Emergency & Non-Emergency Repairs

Issuing Office: City of Williamsburg Office of the Public Works & Utilities Director 2nd Floor 401 Lafayette Street Williamsburg, Virginia 23185-3617 Voice (757)220-6140

Location of Project Site: Various Locations within City of Williamsburg

Sealed bids will be received until the date and time noted above for furnishing the construction services described herein and then opened in public.

All inquiries for information should be directed to Jamie Clark - Public Works JClark@williamsburgva.gov. Written questions related to the project will be accepted up to five (5) business days prior to the closing date; it is the City’s discretion to respond to any inquiries beyond this time. Emails are an acceptable form of written documentation.

IF MAILED, SEND DIRECTLY TO ISSUING OFFICE NOTED ABOVE. IF HAND DELIVERED, DELIVER TO:

Williamsburg Municipal Building 2nd Floor, Public Works & Utilities Department 401 Lafayette Street Williamsburg, Virginia 23185

Include the RFP number on the outside of all sealed bids delivered to the City’s Public Works & Utilities Department.

Any bid submittal without the RFP number may be deemed non-responsive by the City.

In compliance with this request for proposals and to all the conditions imposed therein, the undersigned offers and agrees to furnish the services in accordance with their proposal as submitted.

Name and Address of Proposing Firm:

Date: ________________________________________

__________________________________________ By: ________________________________________

__________________________________________ (Signature In Ink)

_______________________ Zip Code: __________ Name: _______________________________________

FEI/FIN NO. ________________________________ (Please Print)

Fax Number: (____)__________________________ Title: _______________________________________

E-Mail Address:_____________________________ Telephone Number: ____________________________

A mandatory Pre-Proposal meeting will be held on September 9, 2026 at 10:00am, local time, at the City’s Municipal Building, 2nd floor, 401 Lafayette St., Williamsburg, VA 23185. Bidders shall contact Jamie Clark, PE, City Engineer, at jclark@williamsburgva.gov with any questions.

RETURN THIS PAGE WITH YOUR PROPOSAL

RFP NO:

01-4101-27

Mandatory Pre-Proposal Meeting:

September 9, 2026 @

10:00AM

CLOSING DATE:

September 23, 2026

CLOSING TIME:

2:00 p.m. (local time)

PROCUREMENT

OFFICER:

Cindy Webber

PHONE:

757-220-6181 mailto:jclark@williamsburgva.gov

RFP Submission Form

City of Williamsburg

Annual Services for Emergency & Non-Emergency Repairs

RFP #01-4101-27

Issue Date: August 26, 2026

Due Date: September 23, 2026 @ 2:00 PM Local

Time

Submitter’s Name

Mailing Address

City State Zip Code

Phone Email Address

Website (optional)

Attachment Checklist You must include the following documentation with your submission.

IFB Cover Page IFB Submission Form Proposal Certification of Debarment Safety Certification Form Non-Collusion Affidavit Appendix 1 Non-binding Fee Schedule

This submittal accurately represents my plans, and I/we are fully prepared and capable of working as described within a time frame that will be agreed upon by myself and the City of Williamsburg.

Signature Date

Printed Name

Annual Services for

Emergency & Non-emergency Repairs

RFP 01-4101-27

Table of Contents

RFP Cover Page

Submission Form

Table of Contents

General Terms and Conditions

Certification of Debarment

Safety Certification

Non-collusion Affidavit

Vendor Score Sheet

Non-Binding Fee Schedule for General Items

Sample Contract

RFP-01-4101-27

Annual Services for

Emergency & Non-emergency Repairs Request For Proposals (RFP) 01-4101-27

I. GENERAL

It is the City of Williamsburg’s (CITY) intent that this Request for Proposal (RFP) for Indefinite

Delivery, Indefinite Quantity (IDIQ) emergency and non-emergency repairs for the CITY and related work encourages competition. It shall be the Offeror’s responsibility to advise the CITY’s

Public Works & Utilities Director in writing if any language, requirement, specification, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. The Public Works & Utilities Director must receive such notification not later than five (5) business days before the opening of bids on the closing date specified herein.

Proposal, signed cover sheet, and all specified pages herein. shall be received in the Director of

Public Works & Utilities Office, 401 Lafayette Street, 2nd floor, Williamsburg, Virginia on

September 23, 2026, not later than 2:00 p.m., local prevailing time. It is the responsibility of each firm to deliver its Proposal to the CITY prior to the time set for receipt, regardless of what medium is used to deliver it, whether by mail or otherwise. PLEASE TAKE SPECIAL NOTE OF THE

RECEIVING ADDRESS. No Proposal shall be opened if it arrives after the time set for receipt. Provide the RFP number and title on the outside of the sealed submittal package.

II. PURPOSE

The purpose of this RFP is to obtain annual services for Indefinite Delivery, Indefinite Quantity

(IDIQ) emergency and non-emergency repair services for job orders for the CITY from qualified and experienced contractors using the competitive negotiation process and to establish one or more contracts for services performed on an “as needed and requested basis”. The initial contract shall be for one (1) year with three (3) additional one-year renewal terms at the option of the CITY. The sum of all projects performed shall conform to Section 2.2-4303.1 of the current Virginia Public

Procurement Act. Single project fees shall not exceed $250,000. Performance and Payment Bonds will not be required for this contract. Insurance and endorsements will be required.

III. PROCUREMENT SCHEDULE

• Proposal Due Date and Time – September 23rd at 2:00 PM

• Short List Posted on the City Website – September 2026

• Interviews/Technical Presentations (if necessary) – October 2026

• Final Contractor Selection – October 2026

• Completed Negotiations, Insurance & Agreements – November 2026

• City Council approval – November 2026

• Contracts Signed – December 2026

IV. ALTERNATE DELIVERY METHOD AND CONFLICT OF INTEREST:

The City reserves the right to alter the delivery method of any project at any time during the term of a contract entered pursuant to this RFP. The City will notify the Offeror who is party to such contract of such decision, revise the scope of services and respective man-hours. The change will be implemented utilizing a supplemental agreement.

A change in project delivery method for work under a contract between a successful Proposer for provision of specific services may result in a potential conflict of interests for such Offeror and any of its team members. As such, the scope of services and their role may be revised and redefined to meet the project need as identified by the City. The Offeror and its team members may not be allowed to participate in ANY subsequent contracts (design and/or construction) related to a project for which professional services are needed. The Conflict of Interest determination will be made in accordance with the City’s policy, but with substitution of the City and corresponding departments in lieu of City. The policy is available at:

http://www.virginiadot.org/business/resources/APD_Docs/APD_Office_Page/IIM-APD-

2.2_Final_11-9-2017.pdf

V. SCOPE OF SERVICES

The work under this RFP consists of and is not limited to providing all supervision, labor, materials, supplies, equipment, quality assurance and other related services and materials as required for emergency and non-emergency repairs of City infrastructure.

The Annual Service Contract awarded as a result of the RFP shall not guarantee a specific amount of work to any contractor.

The CITY reserves the right to make multiple awards from this solicitation and/or utilize other providers for specific services.

All work/activities shall conform to all federal, state, and local safety rules, regulations, and standards.

VI. CONTRACTOR MINIMUM QUALIFICATIONS

Any Offeror wishing to submit a proposal and be considered for this solicitation shall have had a minimum of five (5) years of successful experience in construction contracting as required by this

RFP including supervision, labor, materials, supplies, equipment, quality assurance and other related services and materials as required for the construction contracting and related work.

VII. ADDENDA

Offerors are encouraged to carefully examine the RFP for discrepancies, errors, omissions, or ambiguities. Any questions concerning the requirements of the RFP should be directed in writing via email to: Jamie Clark, PE, City Engineer at jclark@williamsburgva.gov. Written questions and requests for clarification, if any, must be received in the Purchasing Office NO LATER THAN 2:00 pm, September 16, 2026. To the extent the County determines to respond to such questions for

Clarification, any and all responses and any supplemental instructions will be in the form of written http://www.virginiadot.org/business/resources/APD_Docs/APD_Office_Page/IIM-APD-2.2_Final_11-9-2017.pdf http://www.virginiadot.org/business/resources/APD_Docs/APD_Office_Page/IIM-APD-2.2_Final_11-9-2017.pdf addenda which, if issued, will be posted on the Purchasing Office website. All addenda shall become a part of this RFP.

VIII. FAMILIARITY WITH PROPOSED WORK

It is the responsibility of the Offeror to completely satisfy itself as to the exact nature of the work, equipment and materials needed, and quality of the work and services required by the RFP. Failure to do so will not relieve the successful Offeror of their obligation to carry out the provisions of the contract.

IX. PROJECT SCHEDULE AND WORK ASSIGNMENT

Time will be of the essence for all work. Specific timelines will be developed on a case by case basis as determined by the Public Works & Utilities Department personnel. Work shall either be classified as “Scheduled” or “Emergency”.

Once CITY notifies the Contractor of the details of a pending job and its classification as “Scheduled” or “Emergency”, Contractor shall provide the CITY with a cost estimate for the work (using the book of negotiated unit prices) and any other job specific information such as response time, equipment to be used, work approach, staffing, etc. as requested and within the deadlines as established by the

CITY but as soon as possible thereafter. The cost estimate shall be broken out to show line item detail for the items included in Appendix 1.

For Scheduled projects, the CITY will prepare a Request for Quotation (RFQ) including a detailed scope of services and schedule. The CITY will solicit quotations from two or more contractors having an Annual Water and Wastewater Construction and Repair Contract. Unless otherwise specified in the RFQ, scheduled projects will be completed on a fixed cost basis. To guarantee accuracy in pricing, the CITY reserves the right to require the Contractor to visit the job site prior to submitting the estimate.

For “Emergency” projects, the CITY will contact one contractor having an Annual Water and

Wastewater Construction and Repair Contract. The contractor shall provide a non-binding estimate for the project based on the best available information. Final invoicing for the “Emergency” work shall be based on actual labor, equipment and materials used to complete the work in accordance with the rate schedule included as Appendix 1.

The CITY reserves the right to make multiple awards from this solicitation and/or utilize other providers for specific construction projects. All necessary staffing, management, supervision, materials, equipment and supplies shall be provided by the firm(s) to complete the identified services.

If this RFP results in multiple contract awards, work shall be divided among the contractors in the following manner. The CITY shall select one or more contractors to provide the job specific cost estimate and related job specific information (as listed above) based on the following criteria with weighting of criteria to be determined by the CITY as appropriate: knowledge and experience concerning the scope, requirements and urgency of the work; past performance on similar work; and availability/response capability. If the CITY selects more than one contractor to provide the job specific cost estimate and related information, the job shall be awarded on the following criteria with weighting of criteria to be determined by the CITY as appropriate: knowledge and experience concerning the scope, requirements and urgency of the work; past performance on similar work;

availability/response capability; cost estimate; response time; and work approach to include equipment to be used and staffing plan.

A purchase order for the agreed upon project cost shall be issued for each job. The purchase order shall be subject to the terms and conditions of the contract resulting from this solicitation.

For Scheduled Work, the Contractor shall mobilize onsite within four (4) business days once a

Notice to Proceed is issued by the CITY for an individual task. For Emergency Work, the Contractor shall mobilize onsite within twenty- four (24) hours once a Notice to Proceed is issued by the CITY for an individual task. The Contractor shall press vigorously to completion of each assigned task. If the Contractor fails to respond to a Notice to Proceed, fails to maintain a reliable contact method and point of contact for the CITY to use for initial notification of an upcoming job, or fails to provide the non- binding cost estimate in a timely manner as determined by the CITY, the CITY reserves the right to terminate the contract.

Crews are expected to be fully equipped and 100 percent ready to start work when they report to the site. Once started, the job shall be worked continuously to completion without stoppages in accordance with the operational hours described below for Standard Work and Emergency Work. If the work does not progress at a satisfactory rate or is otherwise deemed unsatisfactory by the CITY, the CITY reserves the right to terminate the assignment to that Contractor and re-award the project.

No additional compensation will be allowed to the Contractor because of such termination.

All Scheduled Work shall be completed within the agreed upon number of calendar days from the

Notice to Proceed and using a five (5) day workweek, Monday through Friday between the hours of

8:00 am and 5:00 p.m. There will be no work allowed on weekends or CITY holidays without prior approval by the CITY. Any deviation from the planned work schedule shall be approved in advance by JCSA. For a listing of approved County holidays see Section XVII of this RFP.

Emergency Work shall require 24-hour operational days, including weekends and holidays.

All CITY regulations/policies/requirements for working with the public apply to this contract, including contracted firms must be of good moral character and must not have been convicted of a felony or a crime involving moral turpitude and must agree to submit to any background checks as deemed necessary by the CITY.

X. CITY’S RESPONSIBILITIES

A. Prior to issuance of CITY Purchase Order, the CITY shall obtain all land, easement, rights-of-way and permits (such as Land Disturbing, VDOT, DEQ VPDES) necessary to carrying out and for the completion of the work to be performed and pursuant to the

Contract Documents, unless otherwise specified herein or otherwise mutually agreed.

B. The CITY shall provide the Contractor information that delineates and describes the lands owned, rights-of-way, or easements acquired, and permits obtained.

C. Issue Notice to Proceed to contractor, request Scope of Work and to initiate work on a

Project on a case-by-case basis. Emergency work shall be tracked for future determination of tasks for payment.

D. Review and approve Contractor's plan for completing the repair and Contractor’s work schedule.

E. Notify all “Gated Communities” of pending infrastructure repair projects in writing with copy to the Contractor.

F. Inspect and certify satisfactory completion of all work performed under the contract. All workmanship shall be subject to inspection and examination by CITY at any time during the work. CITY shall have the right to reject defective workmanship or require correction of the work.

G. Inspections and approvals by the CITY shall not relieve the Contractor of its obligations to perform in accordance with the contract and all pertinent regulations, laws, and ordinances.

H. The CITY reserves the right to approve all subcontractors.

I. The CITY may have personnel assigned to witness progression of work at the discretion of the CITY.

J. The CITY may provide materials, equipment and labor (ex: traffic control) to assist the

Contractor. Specific items and services to be provided by the CITY shall be mutually agreed upon in advance of the start of work between the CITY and the Contractor.

K. Review all invoices for payment approval. All invoices shall be properly documented.

All contractor material costs shall be properly documented with back-up such as load tickets.

XI. CONTRACTOR’S RESPONSIBILITIES

1. Compliance with the latest editions of the VDOT Road and Bridge Specifications and

Standards.

2. All Virginia Department of Transportation (VDOT) traffic control requirements and lane encroachment requirements.

3. Compliance with the Manual on Uniformed Traffic Control Devices (MUTCD) and the

Virginia Work Area Protection Manual.

4. Obtain all other necessary utility markings, and variances necessary for the project and all costs shall be included in the quote offering.

5. The job shall be initiated in a manner where the affected resident(s) are not inconvenienced by a service interruption longer than the time specified by the

Contractor’s agreement. Once a job is started, the project will continue uninterrupted until completed. Special circumstances may be approved on a case-by-case basis by the

CITY.

6. Contractor is responsible for the actions of subcontractors employed on the

Contractor’s behalf to assist in the project.

7. Inspections and approvals by the CITY shall not relieve the Contractor from its obligations to perform the work in accordance with the requirements of the Contract Documents.

8. The failure of the CITY to reject or condemn workmanship not conforming to the

Contract Documents shall not prevent the CITY from rejecting workmanship found not to be in accordance with the Contract Documents at any time prior to the acceptance of the completed work, nor shall it be considered a waiver of any nonconformance with the Contract Documents which may be discovered later, or as preventing the CITY at any time prior to the expiration of the guarantee period from recovering damages for work not in accordance with the Contract Documents.

9. The Contractor shall provide at his expense, the testing and inspection services required by the Contract Documents. The CITY will provide at his expense all inspection and testing services not required by the Contract Documents.

10. The Contractor shall furnish promptly without additional charge all reasonable facilities, labor and materials, necessary and convenient for making such tests as may be designated in the Contract Documents. The Contractor shall work with the CITY in scheduling and coordinating CITY provided testing or inspection services.

11. Unless otherwise specified, the Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and other facilities and all facilities and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the work.

12. All materials and equipment shall be of good quality and/or new, except as otherwise provided in the Contract Documents. If required by the CITY, the Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Contract

Documents.

13. Should the Contractor fail to comply with safety regulatory requirements, the CITY reserves the right to enact one of the following three options:

a. Allow the Contractor time to obtain the necessary materials and continue on with the project, at no additional cost to the CITY.

b. Provide the Contractor with the necessary materials and/or labor for compliance, with a comparable deduction for the materials and/or services provided, from the price of the project.

c. Suspend the Contractors operation on site in favor of a Contractor more prepared to perform the assignment.

XII. DESCRIPTION OF WORK

1. All work shall meet CITY Design and Acceptance Criteria for Water Distribution and Sanitary

Sewer Systems and HRPDC Construction Standards.

2. These documents are not intended to be all inclusive of the safety, codes, and regulatory requirements mandated by Federal, State and local governments and regulatory organizations.

All Contractors shall conform to all applicable specifications, standards and regulations including, but not limited to, the following:

A. Virginia Department of Labor, Virginia Occupational Safety and Health regulations.

B. Virginia Department of Transportation – Road and Bridge Standards, latest edition.

C. Virginia Department of Transportation – Road and Bridge Specifications, latest edition.

D. Virginia Work Area Protection Manual, latest edition.

C. Manual on Uniformed Traffic Control Devices (MUTCD).

E. All ASTM standards for construction including, but not limited to, ASTM D-2922 Field

Density Testing, Nuclear Method (AASHTO Method T-99).

F. OSHA Excavation Standards Part 1910 and Part1926 Subpart P - Excavations.

G. OSHA Technical Manual Section V: Chapter 2 Excavations: Hazard Recognition In

Trenching and Shoring.

H. Virginia Public Procurement Act.

3. Parts and Materials:

All parts and materials shall be provided by the Contractor unless agreed to in advance by the

Contractor and the CITY and shall conform to all applicable Standards and Specifications.

4. Roadway Base:

All excavations and backfill operations in City roadways shall conform to VDOT excavation compaction and backfill requirements.

5. Excavation Compaction:

Shall meet the standards of ASTMD-2922 Field Density Testing. Compliance with required specifications, terms and conditions may be verified by the City using an independent testing authority. Work not meeting the Technical Specifications and the terms and conditions of this solicitation shall be replaced by the Contractor at the Contractor’s expense.

5. Operational Procedures:

If the work directly impacts a homeowner’s driveway, every effort shall be made to reduce the time frame a customer’s service to their driveway is interrupted. The Contractor must notify the homeowner(s) 24- hours prior to service interruption of their driveway, or when repairs impact the ingress and egress of the residence, providing adequate time for the homeowner(s) to plan for such an interruption. Each homeowner affected shall be provided with an estimated time the services and/or condition will be restored. The homeowner shall be notified when the services are fully restored. The Contractor shall provide a copy of all correspondence/notices provided the Homeowner and any responses received from the Homeowner to the City. Any damage to residence/private property caused by the Contractor shall be restored to at least pre-existing condition at the Contractor’s expense.

At no time will the homeowner(s) be left without access to their property after normal working hours. Appropriate temporary provisions shall be made in the event the work is incomplete and a copy of such temporary provisions shall be provided to the City.

6. Site Work, Mobilization, and Demobilization:

The Contractor shall be responsible for all materials, supplies, equipment, supervision, and labor for all site work, mobilization and demobilization of materials, supplies, equipment, supervision, and labor complete and in place for this project, unless otherwise agreed to by the

City.

The Contractor shall be responsible for restoring the site to equal or better condition existing prior to the start of the work including, but not limited to, any grading, seeding, and mulching procedures required.

XIII. INSTRUCTIONS FOR PREPARING PROPOSALS

Proposals shall be prepared simply and economically, providing concise descriptions of services to be offered, placing emphasis on completeness and clarity. Offerors are encouraged to elaborate on their qualities and performance history including staff, experience pertinent to the scope of services for this project.

Interested firms shall submit one (1) original (CLEARLY MARK THE ORIGINAL AS

“ORIGINAL”) and three (3) copies of their Proposal providing general background information on the firm and the following specific information in the order listed below:

a. Proposal Format: Proposals should be as thorough and detailed as possible, such that the Offerors capabilities to provide the required services can be properly evaluated. A table of contents and separated index tabs should be provided with pages and exhibits numbered in an organized manner. The proposal shall be limited to no more than thirty (30) numbered pages excluding the table of contents, index tabs, and cover. Each section must begin on a new page, preferably separated by an index tab. Offerors shall submit the following items:

i. Company Name, address, telephone/fax number, email address, Officers/principals, and a copy of the Contractor’s Virginia Contractor's License. Provide same information on subcontractors.

ii. Provide documentation of the firm and subcontractor's experience and qualifications.

iii. Provide pricing as listed in Appendix 1 for General Line Item Pricing. Provide price lists for the following: standard construction materials such as aggregate, topsoil, select fill, etc.; any standard construction equipment you offer that is not listed in Appendix 1; miscellaneous equipment such as dewatering pumps, portable generators, lights, etc.; and traffic control.

iv. Provide the name, address, telephone/fax number, and e-mail address and contact of at least five (5) references for which the Offeror has provided similar services in the past five - (5) years. Include Owner name, contact information, description of work performed, cost and start/completion dates. References for the firms may or may not be contacted at the discretion of the CITY. The CITY reserves the right to contact references other than those listed or in addition to those furnished in the proposal. The Contractor shall furnish the CITY all such information and data as may be requested for this purpose.

v. Discuss how your firm would approach the work from notification to project completion and how safety would be addressed.

vi. Complete and submit the Safety Certification Form with the proposal.

vii. Complete and submit the Debarment Certification Form with the proposal.

viii. Complete and submit the Non-Collusion Affidavit with the Proposal.

ix. Complete and submit the Certification of Compliance with Immigration Laws and

Regulations with the proposal.

x. Listing of all Safety Violations in the past three (3) years including:

1. Willful violations, violations for failure to abate, or repeated violations, for which the

Offeror was cited by (a) the Unites States Occupational Safety and Health

Administration;(b) the Virginia Occupational Safety and Health Administration; or (c) the Occupational Safety and Health Plan of any other state; or

2. Three (3) or more serious construction safety violations for which the Offeror was cited by the (a) United States Occupational Safety and Health Administration; or (b) the

Virginia Occupational Safety and Health Administration; or (c) the Occupational Safety and Health Plan from any other state.

XIV. PROPOSAL EVALUATION

See document herein.

XV. SPECIAL TERMS AND CONDITIONS

See attached.

XVI. PROPRIETARY INFORMATION

Ownership of all data, materials, and documentation originated and prepared for CITY pursuant to this RFP shall belong exclusively to the CITY and be subjected to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or propriety information submitted by an Offeror shall not be publicly disclosed under the Virginia Freedom of Information

Act; however, the Offeror shall invoke the protection of the section prior to or upon submission of the data or other materials and must identify the data or other materials to be protected and state the reasons why protection is necessary. Disposition of material after award is made should be stated by the Offeror.

Offerors should indicate on the Request for Proposal Cover Sheet the portions of their proposal that are proprietary. Please list the page numbers and the reason(s). Do not mark the whole proposal proprietary.

XVII. AWARD AND EXECUTION OF AGREEMENT

A. Notice of Award. A Notice of Award will be issued by the City, or the proposals rejected as soon as reasonably possible, but no later than 90 Days after the date of the opening of the

Proposal. The City may, in its sole discretion, release any Offer, prior to that date, or extend the acceptance period an additional 90 days with the consent of the successful Offeror. The

City reserves the right to waive any informality or technical defects, to reject any and all Offers in whole or in part, and may advertise for new Proposals if, in its judgment, the best interests of the City will be served.

B. Signing of Contract. When the City gives a Notice of Award to the successful Offeror, it will be accompanied by 2 original copies of the contract, with all other written Contract Documents attached. Within 10 Days thereafter the Offeror shall sign and deliver the required number of copies of the contract and attached documents to the CITY with the Certificate of Insurance and endorsements. Within 30 Days thereafter the CITY shall deliver one fully signed copy to the Offeror. If the successful Offeror fails to execute the contract within the time specified, the

City, at its discretion, may award the Work to the second successful Offeror, or reject all proposals.

XVIII. HOLIDAYS

The Contractor shall receive approval of the City, in advance, of any work to be performed on

Weekends or Holidays. The City observes the following Holidays:

New Year's Day 1st day of January

Martin Luther King’s Birthday 3rd Monday in January

President’s Day 3rd Monday in February

Memorial Day Last Monday in May

Juneteenth 19th day of June

Independence Day 4th day in July

Labor Day 1st Monday in September

Veteran’s Day 11th day in November

Thanksgiving Day 4th Thursday in November

Day after Thanksgiving 4th Friday in November

Christmas Eve 24th day in December

Christmas Day 25th day of December

If a specified holiay fall on a Sunday, the following Monday shall be considered the Holiday. If these dates fall on a Saturday, the previous Friday shall be considered the Holiday.

XIX. ADMINISTRATIVE

1. The City will not consider for award any cost proposals submitted by any Offeror and will not consent to subcontracting any portions of services included under a contract entered into under this

RFP to any subcontractors in violation of the provisions of the Federal Immigration Reform and

Control Act of 1986, which prohibits employment of illegal aliens.

2. Records Exclusion from Public Disclosure: Pursuant to the provisions of §2.2-3705.6 (22) of the

Code of Virginia, trade secrets, as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.), including, but not limited to, financial records, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the City for the purpose of an audit, special investigation, or any study requested by the City in accordance with law may, subject to a determination by the City Attorney as described herein, be withheld from public disclosure under the Virginia Freedom of Information Act (FOIA). In order for Proposers to exclude confidential proprietary information from public release, Proposers must:

(i) Invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought,

(ii) Identify with specificity the data or other materials for which protection is sought, and

(iii) State the reasons why protection is necessary.

The Offeror must also mark each page of information for which protection is sought with the legend

"Confidential Proprietary Information-Exempt from FOIA Release." Do not mark the whole proposal proprietary. If Proprietary information is stated, Proposers shall submit One (1)

Redacted hardcopy (removing any proprietary data or material) in addition to the required originals and digital copy. Clearly identify on the Cover Sheet the original and redacted copies, as

“Redacted Copy of Original Proposal”.

The City Attorney shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial records of the private entity. The City shall make a written determination of the nature and scope of the protection to be afforded by it. Notwithstanding the foregoing, a Proposer’s failure to comply with the requirements stated herein and procedures established by the City for seeking an exclusion pursuant to §2.2-3705.6 (22) of the Code of Virginia shall result in a denial of the exclusion. Requests for exclusion that are submitted after data or other materials for which protection is sought have been submitted will be denied.

If litigation directly or indirectly results from or arises out of a granted exemption, the Proposer will be responsible for all litigation costs incurred by the Proposer and/or the City associated with such litigation. In no event shall the City or its officers, employees or agents be liable to the contractor as a result of any disclosure of records or data collected by the City, its officers, employees or agents, pursuant to an audit, special investigation, or any study requested by the City, whether or not the City Attorney has determined that the requested exclusion from disclosure under FOIA is necessary to protect the trade secrets or financial records of the Proposer, and in no event shall the

City, or its officers, employees, or agents be liable to the Proposer for any damages or other claims arising directly or indirectly from a determination that the exclusion from public disclosure will not be granted.

3. The City assures compliance with Title VI of the Civil Rights Act of 1964, as amended. The

Proposer and all subcontractors performing work under a Letter of Agreement between the Proposer and the City will be required to submit a Title VI Evaluation Report (EEO-D2) within 10 business days of notification of selection when requested by the City. This requirement applies to all

Proposers and their subcontractors when the contract amount equals or exceeds $10,000.

4. The provisions of Va. Code § 2.2-4310 are applicable to this RFP. The City does not discriminate against a Proposer because of race, religion, color, sex, national origin, age, disability, sexual orientation, or any other basis prohibited by state law relating to discrimination in employment.

5. The City does not discriminate against faith-based organizations in accordance with the Code of

Virginia, Section 2.2-4343.1.

6. Any Offeror who desires to protest the award of a contract pursuant to this RFP shall submit such protest in writing to the Williamsburg City Manager no later than ten (10) days after the announcement of the award. Public announcement of the award shall be posted on the bulletin board for public notices in the Purchasing Office and the City website.

XX. EVALUATION CRITERIA AND EVALUATION PROCESS

1. The Vendor Score Sheet and listed weighting included herein shall be used in the evaluations of proposals and development of a potential “shortlist” of Offerors to be considered for interviews and/or potential negotiations.

2. Two or more Offerors deemed fully qualified, responsible and best suited may be identified on the basis of the evaluation criteria stated above and included on a “shortlist” of Offerors to be considered for interviews and potential negotiations.

3. Interviews and Negotiations:

a. The City may engage in individual discussions with two or more Offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on competence to provide the required services. Repetitive informal interviews shall be permissible. Interviews may be held virtually or in-person.

b. Such Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to proposed projects possible during the annual services contract term.

c. At the discussion stage, the City may discuss non-binding estimates of total project costs including but not limited to life-cycle costing and where appropriate non-binding estimates of price for services.

d. At the conclusion of the informal interviews on the basis of evaluation factors published in the

Request for Proposals and all information developed in the selection process to this point, the

City shall select in order of preference one or more Proposers whose qualifications and proposed services are deemed most meritorious.

e. Negotiations shall then be conducted with each of the Offerors so selected. After negotiations have been conducted with each of the selected Offerors, the City will select the Offeror(s) which, in its sole opinion, has made the best proposal. Written confirmation shall be obtained from the successful Offeror on any modifications of the original proposal.

f. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror. If a contract cannot be negotiated with the Offeror so selected, the City may re-open negotiations with next most qualified Offeror, and so on, until a contract satisfactory and advantageous to the City has been negotiated.

4. The City reserves the right to reject any and all proposals at any time prior to an award without explanation. Price shall be considered, but need not be the sole determining factor.

5. Should the City determine and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor's proposal as negotiated.

6. The Notice(s) of Award shall be posted on the bulletin board for public notices in the Purchasing

Office and on the City of Williamsburg website.

XXI. CONTRACTURAL AGREEMENT

1. The negotiated fee schedule based on the Scope of Services and terms and conditions contained herein will be incorporated into the contract (sample provided) along with this RFP any addenda and modifications thereto. Any concerns regarding the contract shall be addressed within the proposal response.

2. The resulting contract from this RFP shall have a term of one (1) year from date of contract with the option to renew for three (3) additional one (1) year terms upon mutual consent. Termination of the contract shall be as described in the General Terms and Conditions. The City will notify the vendor yearly with a letter stating the extension of an additional year.

3. The fee for any individual Purchase Order/Task Order for a project shall conform to Section 2.2-

4303.1 of the current Virginia Public Procurement Act. Approval of Purchase Orders shall follow the City’s standard purchasing procedures.

4. The Offeror shall inform itself in full of the conditions relating to the performance of the contract.

Failure to do so shall not relieve the successful Offeror of his obligations to furnish services, materials, and reports or other services necessary to carry out the provisions of this RFP and resulting contract and to complete the Scope of Services as outlined therein.

5. The method of payment for task orders under the contract will be per lump sum based on the requested task by the City and the provided proposal by the contractor.

6. Once the contract has been executed, the scope of services and associated project costs for each Task

Order, based on the contract pricing/hourly rates and fees, will be negotiated on an individual basis.

A Scope of Services and project fee proposal with price breakdown and schedule shall be prepared, at no additional cost to the City, upon a request from the City for each task order. Work under the

Letter of Agreement shall begin upon issuance of a notice to proceed by the City.

7. All fees shall remain firm for the first year of the contract. Changes in the fees for the second year of the contract and subsequent years renewals shall not exceed the percentage change from the previous 12 months based on the most recent available data for the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index (CPI-U), All Urban Consumers, Washington-

Baltimore, DC-MD-VA-WV, Area. This price increase will not be automatic and must be mutually agreed upon at time of renewal of the contract.

CERTIFICATION REGARDING DEBARMENT

PRIMARY COVERED TRANSACTIONS

(To be completed by Proposer)

Project: City of Williamsburg, Annual Services for Emergency & Non-Emergency Repairs

1) The Offeror certifies to the best of its knowledge and belief, that it and its principals:

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any

Federal, State or local department or agency.

b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; and have not been convicted of any violations of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1) b) of this certification; and

d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

2) Where the Offeror is unable to certify to any of the statements in this certification, such Proposer shall attach an explanation to this proposal.

The undersigned makes the foregoing statements to be filed with the proposal submitted on behalf of the Offeror for contract to be funded by the City and/or

Commonwealth Transportation Board.

Signature Name (printed)

Title Date

Name of Contractor

SAFETY CERTIFICATION FORM

To: City of Williamsburg

Project Title: City of Williamsburg, Annual Services for Emergency & Non-Emergency Repairs

RFP 01-4101-2027

Project Safety Responsibility (Name):

Telephone Number:

Cell Number:

Email:

Emergency Contact (Name)

Telephone Number:

Cell Number:

Email:

The undersigned hereby attests that the project has been carefully evaluated for the safety risks it presents and all safety procedures required based on these risks by Virginia Occupational Safety & Health, referenced in the quote document, will be implemented. Virginia Occupational Safety & Health and all other applicable Federal, State and local laws referenced in the quote document, will be implemented. All workers on this project will be properly trained on the use of safety equipment and safe work practices.

By:

(Type Name and Title)

(Signature) (Date)

NON COLLUSION AFFIDAVIT

City of Williamsburg, Project: RFP 01-4101-2027

City of Williamsburg, Annual Services for Emergency & Non-Emergency Repairs

Date: ________________

COMMONWEALTH OF VIRGINIA

(City/County)

This day personally appeared before the undersigned, a Notary Public in and for the City/County and State aforesaid, who having been first duly sworn according to law, did depose and aver as follows:

(a) That he/she is: _________________________________________________________ (Owner, Partner, President, etc.)

of

(insert name of Bidder)

(b) That he/she is personally familiar with the bid submitted in connection with the above captioned Owner’s project.

(c) That said Bid was formulated and submitted in good faith as the true Bid of said Bidder.

1. In preparation and submission of this Bid, the Bidder did not either directly or indirectly, enter into any combination or agreement with any person, firm or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman act

(15 U.S.C. Section 1) or sections 59.1-9.1 through 59.1-9.17 or sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

2. The undersigned Bidder hereby certifies that neither this Bid nor any claim resulting therefrom, is the result of, or affected by, any act of collusion with, or any act of another person or persons, firm or corporation engaged in the same line of business or commerce; and that no person acting for or employed by the Owner has any personal interest in this Bid.

3. The undersigned hereby further agrees that upon request of the Owner, the records and books pertaining to this Bid shall be voluntarily supplied, furnished, and released to the

Owner.

4. The undersigned hereby further certifies that the Bidder has not knowingly falsified, concealed, misled, or covered up by any trick, scheme, or device a material fact in connection with this bid. The undersigned also certifies that the Bidder has not made any false, fictitious or fraudulent statements or representations or made or used any false writing or documents knowing the same to contain any false, fictitious or fraudulent statement or entry in connection with this Bid.

5. The undersigned further agrees that the Bidder shall comply with section 2.2-4374 of the Code of Virginia, 1950, as amended, and has not bought or purchased any equipment from any person employed by the Owner as an independent contractor to furnish architectural or engineering services for this Project, nor from any partnership, association or corporation in which such architect or engineer has a pecuniary interest.

6. The undersigned further agrees to require all subcontractors, consultants, sub-consultants, or any other persons, corporations, or legal entities providing or furnishing labor, material, equipment or work related to this project to execute this anti-collusion statement as a condition of payment. This paragraph is expressly limited to those in a direct contractual relationship with the undersigned of over $10,000 except those persons whose only direct contractual agreement with the undersigned is an employment contract.

7. All Covenants and Agreements made by the Contractor are made by it on behalf of the

Contractor and its successors, personal representatives and assigns, the same as if they had been specifically named in each instance.

And further this deponent saith not.

Subscribed and sworn to before me this day of , 20

My commission expires: 20___

Notary Public

RETURN THESE PAGES WITH YOUR PROPOSAL

VENDOR SCORE SHEET

(FOR ANNUAL SERVICES)

DIVISION: City of Williamsburg RFP NO.:

PROJECT: City of Williamsburg Annual Services for Emergency & Non-Emergency Repairs Services VENDOR:

DATE: ________________________ EVALUATOR: ____________________________

NUMERICAL

VALUE

AVG.

WEIGHT

WEIGHTED

EVALUATION

CONTRACTORS EXPERIENCE IN SIMILAR

TYPE OF SERVICES

Expertise, experience and qualifications of team in providing services as related to the scope of services

(1=least, 10=most)

1-10

20%

CONTRACTORS EXPERIENCE IN SIMILAR

TYPE OF SERVICES

Expertise, experience and qualifications of team in providing services as related to the scope of services

(1=least, 10=most)

35%

QUALIFICATIONS OF SUPERINTENDENT

Expertise, experience and qualifications in construction as related to the scope of services (1=least, 10=most)

ORGANIZATIONAL CAPABILITY

Ability to complete work in a timely manner, size of company relative to size of project, proposed staff resources, proposed use of sub-contractors (1=least, 10=most)

FEE SCHEDULE OF GENERAL ITEMS

Evaluation of fees based on current and known values for specified services to be provided (1=least, 10=most)

5%

TOTAL

NOTES:

APPENDIX 1

NON-BINDING FEE SCHEDULE FOR GENERAL ITEMS

Provide standard hourly rates for:

1) Equipment

a) Excavator

b) Mini excavator/backhoe

c) Large dump truck

d) Small dump truck

e) End loader

f) Motor grader

g) Smooth roller vibrating compactor

h) Trench backfill compaction equipment

i) Work truck and/or van

j) Transporting vehicles (i.e. tractor, low boy, trailers, etc.)

k) Pavement/concrete cutting saw

l) Pipe saw

m) Track dump truck

n) Construction equipment you offer that is not listed above

o) Miscellaneous equipment such as dewatering pumps, portable generators, lights, etc.

p) Mark up or Multiplier for Emergency Work outside of normal hours (M-F, 8:00

AM to 5:00 PM)

2) Labor

a) Superintendent

b) Foreman

c) Excavator operator

d) Operator-general

e) Pipe layer

f) Laborer-Skilled

g) Laborer-Unskilled

h) Other position designations as appropriate

I) Mark up or Multiplier for Emergency Work outside of normal hours (M-F, 8:00

AM to…