RFP-25-26-071 Biennial Rate Study

RFP-25-26-071 2027 Biennial Study
1.0 INTENT:
It is the intent of this "RFP" to secure a consultant to provide various services from time to time,
including but not limited to the following:
* Biennial Utility Rate Studies
* Rate Benchmarking
* Review of power cost adjustments (PCA) and purchase gas adjustments (PGA) factors
* Other miscellaneous rate-related analysis and recommendations
1.1 Submit invoice(s) to:
City of Danville
Accounts Payable
PO Box 3300
Danville, VA 24543
Attention: Utilities Department
supportservices@danvilleva.gov
1.2 Deadline
Sealed Proposals shall be submitted no later than May 5, 2026, at 4:00 PM to:
City of Danville
Purchasing Department
Attn.: Carol Henley
427 Patton Street, Room 304
Danville, VA 24541
Proposals will not be accepted both electronically and on paper.
2.0 SUPPLEMENTAL GENERAL CONDITIONS
2.1 Award Criteria
* Each firm will be evaluated based on the following:
* Prior experience of the firm in providing the services requested herein
* Qualifications and experience of key personnel to be assigned to the project
* The ability of the firm to initiate work in a timely manner and the firm's ability to
provide its services within the established budget
* Detailed cost estimate of services including labor, expenses, and miscellaneous
fees
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* 25% Price
* 25% Working with all four utilities-water, wastewater, natural gas, and electric
utilities
* 25% Work with municipal utilities
* 25% References
2.1.2 The City reserves the right to reject any or all offers and to waive informalities
and minor irregularities in offers received.
2.2 Authority
2.2.1 The Director of Purchasing as the designee of the City Manager has the sole
responsibility and authority for negotiating, placing, and when necessary, modifying each and
every invitation to bid, purchase order or other award issued by the City of Danville. In the
discharge of these responsibilities, the Director of Purchasing may be assisted by assigned
buyers. No other City officer or employee is authorized to order supplies or services, enter into
purchase negotiations, or in any way obligate the government of the City of Danville for
indebtedness. Any purchases contrary to these provisions and authorities shall be void and the
City shall not be bound thereby.
2.2.2 This procurement process, including withdrawal of proposals and appeals or
protests, is governed by the "PROCUREMENT CODE OF THE CITY OF DANVILLE,
VIRGINIA". Copies of the Procurement Code may be obtained by writing the City of Danville
Purchasing Department, PO Box 3300, Danville, VA 24543.
2.3 Method of Bid Submission
2.3.1 Proposals will not be accepted both electronically and on paper. Each
supplier must choose only one method of submission to avoid any confusion or duplication of
entries. The latest dated and time stamped proposal will be the only proposal accepted
and evaluated. No proposal may be considered if received after the time shown on the title
page. The allowable methods for submitting are electronic and paper submission.
2.3.2 Paper Submission: Proposals must be written in ink or typewritten and shall
be submitted on the forms issued. Unsigned or qualified bids will not be accepted. Envelopes
must be sealed and marked in the lower left-hand corner RFP 25-26-071 "2027 Biennial Rate
Study" and submitted to the office indicated on the title page.
2.3.3 Electronic Submission: Suppliers who choose to submit their proposals
electronically must ensure that they are registered on eVA at www.eva.virginia.gov. Solicitations
can be found under the Business Opportunities Tab > Virginia Business Opportunities (VBO).
Search RFP 25-26-071. When addenda are issued, suppliers that have submitted an electronic
response will have to RESUBMIT their response to the latest version of the solicitation.
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2.3.4 Suppliers are expected to examine all instructions, specifications, drawings,
sites, installations, etc. Failure to do so will be at the Supplier's risk. Erasures or other changes
must be initialed by the person signing the bid.
2.3.5 Suppliers must be registered in eVA if the local public body is:
A. Accepting electronic AND paper responses
B. Awarding to a supplier that has submitted a paper response
C. Posting award actions in eVA
There is no cost for eVA registration
2.4 Proposals Binding 90 Days: Unless otherwise specified all formal Proposals submitted
shall be binding for ninety days (90) calendar days following submission date.
2.5 Enforcement
This Agreement and the performance hereof shall be governed by and enforced
under the laws of the Commonwealth of Virginia, and if legal action by either party is necessary
for or with respect to the enforcement of any or all of the terms and conditions hereof, then
exclusive venue therefore shall lie in the City of Danville, Virginia.
2.6 Interpretation
2.6.1 If any person contemplating the submission of a proposal on this
invitation is in doubt as to the true meaning of any part of the plans, specifications, or other
document, he should submit a written request for an interpretation thereof to the Director of
Purchasing. An interpretation of the proposal invitation document will be made only by written
addendum issued to each potential Offeror.
THE CITY WILL NOT BE RESPONSIBLE FOR EXPLANATIONS OR INTERPRETATIONS OF
PROPOSAL INVITATION DOCUMENTS EXCEPT AS ISSUED IN ACCORDANCE
HEREWITH.
2.6.2 All notices, demands, requests, instructions, approvals, proposals and
claims must be in writing.
2.7 Patents
The Consultant agrees to indemnify and save harmless the City, and all personnel
from all suits and actions of every nature and description brought against them or any of them,
for or on account of the use of patented appliances, products, or processes, and he shall pay all
royalties and charges which are legal and equitable. Evidence of such payment or satisfaction
shall be submitted upon request of the City as a necessary requirement in connection with the
final execution of any contract in which such patented appliances, products, or processes are
used.
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2.8 Prices
2.8.1 All prices are based on delivery to the destination designated in the RFP
including packing charges. Any discounts for payment (Invoicing Terms) should be entered on
the proposal page and will be considered in the evaluation.
2.8.2 Unless lump sum is specifically requested, unit and extended prices
should be given. Failure to do so may cause proposal to be rejected. In all cases, the unit price
shall govern.
2.9 Performance
In case of default by the Consultant, the City may procure the commodity or services
from other sources and hold the Consultant responsible for any excess costs occasioned
thereby.
2.10 Taxes
The City is exempt from payment of State Sales and Use Tax on all tangible
personal property purchased or leased for its use or consumption. Certificate of Exemption will
be furnished upon request.
2.11 Independent Contractor
It is expressly agreed and understood that the Consultant is in all respects an
independent Contractor as to work and is in no respect any agent, servant, or employee of the
City. The contract specifies the work to be done by the Consultant, but the method to be
employed to accomplish the work shall be the responsibility of the Consultant.
2.12 Subcontracts:
Firm may subcontract services to be performed hereunder with the prior approval of the City,
which approval shall not be unreasonably withheld. No such approval will be construed as
making the City a part of, or to such subcontract, or subjecting the City to liability of any kind to
any subcontractor. No subcontract shall, under any circumstances, relieve the Firm of its liability
and obligation under this contract; and despite any such subcontracting the City shall deal
through the Firm, and subcontractors will be dealt with as representatives of the Firm.
2.13 Payments to Subcontractors
a. The contractor shall take one of the two following actions within seven
days after receipt of amounts paid to the contractor by the City of Danville for work
performed by the subcontractor.
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1. Pay the subcontractor for the proportionate share of the total payment received from the
agency attributed to the work performed by the subcontractor under that contract; or
2. Notify the agency and subcontractor, in writing, of his intention to withhold all or a part of
the subcontractor's payment with the reason for nonpayment.
b. Individual Contractors shall provide their social security numbers and
proprietorships, partnerships, and corporations to provide their federal
identification numbers.
c. The contractor shall pay interest to the subcontractor on all amounts owed by the
contractor that remain unpaid after seven days following receipt by the contractor
of payment from the City of Danville for work performed by the subcontractor,
except for amounts withheld as allowed in subdivision 1.
d. Unless otherwise provided under the terms of this contract, interest shall
accrue at the rate of one percent per month.
The contractor shall include in each of its subcontracts a provision requiring each
subcontractor to include or otherwise be subject to the same payment and interest
requirements with respect to each lower-tier subcontractor.
A contractor's obligation to pay an interest charge to a subcontractor pursuant to the
payment clause in this section shall not be construed to be an obligation of the City of
Danville. A contract modification shall not be made for the purpose of providing
reimbursement for the interest charge. A cost reimbursement claim shall not include any
amount for reimbursement for the interest charge.
2.14 Novation:
The Firm shall not assign or transfer, whether by an Assignment or Novation, any of
its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without
the written consent of the City; provided, however, that assignments to banks, trust
companies or other financial institutions for the purpose of securing bond may be made
without the consent of the City. Assignment or Novation of this Contract shall not be valid
unless the Assignment or Novation expressly provides that the assignment of any of the
Firm's rights or benefits under the Contract is subject to a prior lien for labor performed,
services rendered and materials, tools and equipment supplied for the performance of the
work under this Contract in favor of all persons, firms or corporations rendering such labor or
services or supplying such materials, tools and equipment
2.15 Observance of Laws:
The Firm at all times shall observe and comply with all Federal, State and City laws, bylaws,
ordinances and regulations in any manner affecting the conduct of the work or applying to
employees on the project, as well as all orders or decrees which have been promulgated or
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enacted, by any legal bodies or tribunals having authority or jurisdiction over the work
materials, employees or contract. The Vendor does not and shall not during the
performance of the contract for goods and services in the Commonwealth; knowingly
employs an unauthorized alien as defined in the federal Immigration Reform and Control Act
of 1986. Vendor shall prohibit the use of forced or indentured child labor in the performance
of the contract and requiring that the Vendor include such prohibition in every subcontract or
purchase order that exceeds $10,000, so that the prohibition will be binding upon each
subcontractor or vendor. Vendor agrees that all information technology (IT), including web-
based applications, software, and digital content, provided under this contract must
conform to the Revised Section 508 Standards (29 U.S.C. 794d) and, specifically, must
meet WCAG 2.1 Level AA success criteria. Vendor shall provide a completed Voluntary
Product Accessibility Template (VPAT/ACR) and a Vendor Accessibility Roadmap,
demonstrating compliance prior to final acceptance.
2.16 Suspension of Work:
The work may be suspended by the City when deemed in the best interest of the City.
In case the expense so incurred by the City shall be less than the sum which would have been
payable under this contract if it had been completed by the Vendor and had not been forfeited by the
City, then the Vendor shall be entitled to receive the difference, subject to any claims of liens thereon
which may have been filed with the City or any prior assignment filed with it. In case such expense
shall exceed the sum which would have been payable under this contract, the Vendor and the surety
shall be liable and shall pay the City the amount of such excess.
2.17 Drug Free Workplace
During the performance of this contract, the Firm agrees to:
A. Provide a drug-free workplace for the Firm employees.
B. Post in conspicuous places, available to employees and applicants for employment, a
statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in the
Firm's workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
C. State in all solicitations or advertisements for employees placed by or on behalf of the
Vendor that the Vendor maintains a drug-free workplace.
D. Include the provisions of the foregoing clauses in every subcontract or purchase order of or
over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
"Drug-free workplace" means a site for the performance of work done in connection with a
specific contract awarded to a Vendor in accordance with Chapter 43, the employees of whom
are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the performance of the
contract. State law reference(s) - Authority, Code of Virginia 2.2-4312
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2.18 Indemnification
A. The Firm shall indemnify, keep and save harmless the City, its agents, officials and employees,
against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and
expenses, which may in anywise accrue against the City, its agents, officials and employees in
consequence of the granting of this contract or which may in anyway result therefrom, whether or not it
shall be alleged or determine that the act was caused through negligence or omission of the Firm or his
employees, or of the subcontractor or their employees, if any, and the Firm shall, at their own expense,
appear, defend and pay all charges of attorneys and other expenses arising therefrom or incurred in
connection therewith, and, if any judgment shall be rendered against the City in any such action, the
Firm shall, at his own expense, satisfy and discharge the same. The Firm expressly understands and
agrees that any performance bond or insurance protection required by this contract, or otherwise
provided by the Firm, shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the City, its agents, officials, and employees as herein provided. The Firm shall have charge
and control of the entire work until its completion and acceptance by the City.
B. The Firm shall assume all risks and responsibilities for casualties of every description in
connection with the work, except that he shall not be held liable or responsible for delays or damage to
the work caused by acts of God, acts of Public enemy, acts of Government, quarantine restrictions,
general strikes through the trade, or by freight embargoes not caused or participated in by the Firm.
The Firm shall have charge and control of the entire work until completion and acceptance of the same
by the City.
C. The Firm shall alone be liable and responsible for, and shall pay, any and all loss or damage
sustained by any person or party either during the performance or subsequent to the completion of the
work under this agreement by reason of injuries to persons and damage to property, buildings, and
adjacent work, that may occur either during the performance of the work covered by this contract or that
may be sustained as a result R of or in consequence thereof, irrespective of whether or not such injury
or damage be due to negligence or the inherent nature of the work.
D. The Firm shall bear all losses resulting from the amount or character of the work being different,
or because the nature of the premises on which the work is done is different from what was expected,
or on account of the weather, or similar other causes.
2.19 Insurance:
The Firm shall not commence work under this contract until they have obtained all the insurance required
hereunder and such insurance has been approved by the City; nor shall the Firm allow any Subcontractor
to commence work on his subcontract until all similar insurance has been so obtained and approved.
Approval of the insurance by the City shall not relieve or decrease the liability of the Firm hereunder.
A. Worker's Compensation including Occupational Disease and Employer's Liability Insurance: The Firm
shall take out and maintain during the life of this Contract Workers' Compensation and Employer's Liability
Insurance for all of their employees to be engaged in work on the project under this contract in an amount
no less than the minimum allowed by the State Corporation Commission, and in case of such work is
sublet, the Firm shall require the Subcontractor similarly to provide Workers' Compensation and Employer's
Liability Insurance for all of the latter's employees to be engaged in such work.
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B. Comprehensive General Liability Insurance: The Firm shall maintain during the life of this Contract
comprehensive general liability insurance as shall protect him, the City of Danville and its offices, agents
and employees, and any Subcontractors performing work covered by this Contract from claims for damage
for personal injury, including death, as well as from claims for property damage, which may arise from
operations under this Contract, whether such operations by himself or by any Subcontractor, or by anyone
directly or indirectly employed by either of them. The amount of such insurance shall not be less than a
combination single limit of $1,000,000.00 per occurrence on bodily injury and property damage and
$1,000,000.00 aggregate on completed operations. The comprehensive general liability insurance shall
provide the following coverage:
C. Automobile liability insurance minimum combined single limits of $1,000,000.00 for any one person and
subject to the same limit for each person, $1,000,000 on account of any one accident. This insurance shall
include bodily injury and property damage for the following vehicles:
Owned Vehicles
Non-owned Vehicles
Hired Vehicles
D. Umbrella Policy. At the option of the Firm, primary limits may be less than required, with an umbrella
policy providing the additional limits needed. This form of insurance will be acceptable provided that the
primary and umbrella policies both provide the insurance coverage's herein required. However, any such
umbrella policy must have minimum coverage limits of $3,000,000.00.
E. Professional Liability - $1,000,000.00 per occurrence
F. To the fullest extent permitted by law, a Waiver of Subrogation Clause shall be added to the General
Liability, Automobile, Excess or Umbrella and Workers Compensation policies in favor of the City of
Danville and shall apply to it Owners officers, agents and employees, with respect to all Projects during the
policy term.
G. Prior to commencement of Work on any individual Project, the Firm shall submit a Certificate of
Insurance in favor of the City of Danville and an Additional Insured Endorsement (in a form acceptable to
the City) as required hereunder. The Firm's Insurance policies shall provide for thirty (30) days' notice to
City for cancellation or any change in coverage and be evidenced by the Certificate of Insurance. Copies of
insurance policies shall promptly be made available to the City upon request.
H. The City of Danville, along with their respective officers, agents and employees, shall be named as
additional insureds.
I. Certificate holder should read as follows:
The City of Danville
427 Patton Street
Danville, VA 24541
2.20 Equal Employment:
During the performance of the contract, the consultant agrees as follows:
a. The Consultant will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, or national origin, except where religion,
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sex, or national origin is a bona fide occupational qualification reasonably necessary to
the normal operation of the Consultant. The Consultant agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provisions for this nondiscrimination clause.
b. The Consultant also shall not discriminate against any handicapped person in
violation of any state or federal law or regulation and shall also post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions
of this additional nondiscrimination clause.
c. The Consultant, in solicitations or advertisements for employees placed by or on
behalf of the Consultant, will state that such consultant is an equal opportunity employer.
d. Notices, advertisements, and solicitations placed in accordance with Federal
law, rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section
e. The Consultant will include the provisions of the foregoing paragraphs in every
subcontract or purchase order over $10,000 so that the provisions will be binding upon
each subcontractor or consultant.
f. The Consultant will otherwise comply with all other applicable provisions of local,
State, and Federal law.
g. The contractor does not and shall not during the performance of the contract
for goods and services in the Commonwealth, knowingly employ and unauthorized alien
as defined in the Federal Immigration Reform and Control Act of 1986.
h. Contractors organized as a stock or nonstick corporation, limited liability
company, business trust, or limited partnership or as a registered limited liability
partnership shall be authorized to transact business in the Commonwealth as a domestic
or foreign business entity if so, required by Virginia Title 13.1 or Title 50 or as otherwise
required by law.
A contractor organized or authorized to transact business in the Commonwealth
pursuant to Virginia Title 13.1 or Title 50 shall include in its bid or proposal the identification
number issued to it by the State Corporation Commission. Any bidder of offeror that is not
required to be authorized to transact business in the Commonwealth as a foreign business
entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or
proposal a statement describing why the bidder or offeror is not required to be so authorized.
This Request for Proposals, signed by an individual who has authority to bind the partnership or
corporation, shall be considered an offer on the part of the offeror and shall be deemed accepted
upon approval by the City of Danville VA purchasing department.
My signature below certifies that:
* I agree to abide by all conditions of this Proposal and that I am authorized to sign this
Proposal.
* The accompanying proposal is not the result of, or affected by, any unlawful act of collusion
with another person or company engaged in the same line of business or commerce, or
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