2024003-PW-P_HVAC Preventive Maintenance Services RFP_FINAL_11-29-23.pdf

REQUEST FOR PROPOSAL (RFP) COVER PAGE

ISSUE DATE:

November 29, 2023

REQUEST FOR PROPOSAL NUMBER:

2024003-PW-P

FOR:

HVAC Preventive Maintenance Services

DEPARTMENT:

Public Works

CONTRACT ADMINISTRATOR:

Glenn Baldwin, Facilities Manager

DATE/TIME OF CLOSING ON EVA:

December 22, 2023 at 3:00pm

DATE/TIME LAST DAY FOR

QUESTIONS:

December 13, 2023 on or before 12:00pm

(noon) local time

PRE-PROPOSAL MEETING:

N/A

PRE-PROPOSAL MEETING

MANDATORY:

Yes No N/A

Proposals - In accordance with the following and in compliance with all terms and conditions, unless otherwise noted, the undersigned offers and agrees, if the proposal is accepted, to furnish items or services for which prices are quoted, , delivered or furnished to designated points within the time specified. It is understood and agreed that with respect to all terms and conditions accepted by the City of Harrisonburg the items or services offered and accompanying attachments shall constitute a contract.

Sealed proposals, subject to terms and conditions of this Request for Proposal will be received until the date/ time specified above for furnishing items or services delivered or furnished to specified destinations within the time specified or stipulated by the vendor(s).

The City does not discriminate against small and minority businesses or faith-based organizations.

VENDOR INFORMATION

Name of Vendor:_____________________________________ Telephone #:_________________________________________

Address: ___________________________________________ Federal Employer Identification #:__________________________

Contact Name: ______________________________________ Contact Email Address:__________________________________

By signing this proposal, Vendor(s) certifies, acknowledges, understands and agrees to be bound by the conditions set forth in this RFP.

VENDOR’S LEGALLY AUTHORIZED SIGNATURE

DATE

PRINT NAME TITLE

Please take a moment to let us know how you found out about this Request for Proposal (RFP) – Check one:

eVA Website Bid Room (Please List) ___________________________________

The Daily News Record Newspaper Notified by City Directly Other (Please List) ________________________________________

*Complete & return this document with proposal submission.

Table of Contents

1.0 INTRODUCTION

2.0 BACKGROUND

3.0 SCOPE OF WORK

4.0 PRE-PROPOSAL MEETING & SITE VISITS

5.0 PROPOSAL REQUIREMENTS

6.0 GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA

6.1 SPECIAL TERMS & CONDITIONS

7.0 INSURANCE REQUIREMENTS

8.0 INSTRUCTIONS TO OFFERORS

9.0 QUESTIONS

10.0 PROPOSAL EVALUATION CRITERIA

11.0 AWARD OF CONTRACT

12.0 CONTRACT TERM

13.0 PAYMENT TERMS

ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA

(REV. 11-17-22)

ATTACHMENT B. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION FORM

ATTACHMENT C. STATE CORPORATION COMMISSION (SCC) FORM

ATTACHMENT D. NON-COLLUSION AFFIDAVIT

ATTACHMENT E. CITY OF HARRISONBURG SAMPLE STANDARD CONTRACT

ATTACHMENT F. REFERENCES LIST

ATTACHMENT G. INSURANCE REQUIREMENTS FORM

ATTACHMENT H. NOTICE OF EXCEPTIONS TO CONDITIONS

ATTACHMENT I. COST PROPOSAL FORM

ATTACHMENT J. HVAC EQUIPMENT LIST

ATTACHMENT K. PREVENTIVE MAINTENANCE LIST

ATTACHMENT L. SYSTEM FOR AWARD MANAGEMENT (SAM) FORM

ATTACHMENT M. MINORITY STATUS OF BUSINESS OWNERSHIP FORM

ATTACHMENT N. FEDERAL TRANSPORTATION ADMINISTRATION (FTA) CLAUSES

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1.0 INTRODUCTION

The purpose of this Request for Proposal (RFP) by the City of Harrisonburg, Virginia (City) is to solicit sealed proposals from interested vendors (Offeror) to provide a Heating, Ventilating and Air Conditioning (HVAC)

Preventive Maintenance Program and Service Agreement for the equipment listed in Attachment J.

2.0 BACKGROUND

The City of Harrisonburg is an independent city located in the central Shenandoah Valley region of Virginia. It is the county seat of Rockingham County and encompasses 17.3 square miles, serving a population of approximately 55,000. Harrisonburg is located along Interstate 81 and is only two hours away from both

Richmond, Virginia and Washington, D.C. Harrisonburg is home to two university campuses – James Madison

University and Eastern Mennonite University – as well as numerous other businesses, non-profit organizations and a vibrant downtown.

3.0 SCOPE OF WORK

Contractor shall furnish all labor, supervision, tools, materials and equipment necessary to fully maintain all

HVAC systems listed in Attachment J in accordance with all terms, conditions, provisions and schedules of this specification and to keep them in first-class operating condition.

The City desires either a quarterly inspection program or a semi-annual inspection program. The frequency of the inspection programs will vary by City department and is specified by building in Attachment J. All work performed under this contract shall be performed in accordance with all applicable Codes and with the standards, which are incorporated into this contract in their entirety.

The new Public Works Administration Building equipment (highlighted in green at the end of Attachment J) will not need service until after the facility construction is completed. This location will be at 320 E. Mosby Road, Harrisonburg, VA 22801 and is anticipated to be completed in July 2024.

The City reserves the right to add and/or remove facilities or equipment on an as-needed basis and reserves the right to add and/or remove related services from this contract.

3.1 QUALIFICATIONS

The importance of maintaining this equipment in line with its original design and performance and in proper and safe operating condition requires the service to be performed by an experienced and competent Contractor who has satisfactorily maintained equipment of this type and to the degree included in these specifications. Contractor shall have all tools (including software and interface means) required to properly maintain and service the HVAC equipment listed in Attachment J.

3.1.1. PERSONNEL QUALIFICATIONS

The personnel used by the Contractor for the performance of this work shall be experienced and trained in the maintenance and repair of this type of equipment, shall be capable and qualified in performing the work, and at a minimum must have a minimum of five (5) years’ experience as a mechanic in the maintenance and repair of the HVAC equipment in the City.

Use of personnel without these qualifications may be considered on a case-by-case basis and must be approved in writing by the Contract Administrator. A qualified HVAC

Mechanic shall be present during the performance of any work under this contract.

Qualifications for HVAC Mechanics shall be submitted with the proposal documents and approved by the City prior to performing any work under this contract.

3.1.2. HVAC MAINTENANCE HELPERS

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HVAC Maintenance “Helpers” should be capable of providing assistance to the Mechanics and shall be equipped with all tools, equipment, safety equipment and other incidentals necessary for the performance of the work. The Contractor shall have and maintain technical support personnel who are specifically trained and experienced in the adjusting and testing of equipment similar to the type covered by this contract. The Contractor’s technical support personnel shall be available at all times to support or assist assigned

Mechanics.

3.1.3. PERSONNEL CHANGES

Any changes that may occur in personnel during the term of this contract shall be submitted in writing by the Contractor to the Contract Administrator five (5) working days prior to such change. All Mechanics’ training and experience credentials shall be provided along with the notice of change in the Mechanics’ assignments. The City will notify the

Contractor of approval or disapproval of the Contractor’s request within five (5) working days after receipt of notice of Mechanic change. The City reserves the right to refuse assignment of any personnel deemed by the City to have inadequate training, credentials, or who shows an inability to effectively maintain the equipment. Only those Mechanics specifically named and approved by the City shall be allowed to perform service under this contract, excluding the five (5) day notification of mechanic change period and the five (5) day approval of change period.

3.2 STANDARDS

All work shall be performed in a professional manner according to the standards of the industry.

The Contractor shall be responsible to maintain all equipment under this contract in safe operating condition in accordance with the latest version of ANSI/ASHRAE/ACCA Standard 180 – Standard

Practice for Inspection and Maintenance of Commercial Building HVAC Systems. This standard shall apply to all work done by the contractor to include, but not be limited to, maintenance and/or repair services.

All City of Harrisonburg facilities are smoke-free facilities. Use of tobacco products is not allowed in the facilities.

Each vehicle must have the Contractor’s name and phone number clearly marked on each side of the vehicle.

Contractor’s personnel shall wear an appropriate uniform that identifies the company performing the work. All personnel must wear a name badge or other form of identification with credentials.

3.3 NOT-TO-EXCEED (NTE) ESTIMATES OF WORK

Upon requests by the City, and for work with adequate plans and specifications or written directions, the Contractor should prepare and submit to the City a written not to exceed estimate

(quantity of each contract billable unit) required to perform the work specified under this contract.

The Contractor should also provide an estimate of the costs for equipment, materials and supplies needed to perform the repair. The Contractor, only with the Contract Administrator’s or

Department Director’s or Department Director Designee written authorization, may then perform this work.

The City reserves the right to make or obtain other repair cost estimates prior to authorizing the

Contractor to proceed in order to comply with the requirements of State code and/or City policy.

If the cost estimate is considered not to be reasonable, the Contractor will be asked to review his estimate and resubmit. If the revised estimate is still considered to be unreasonable, the City reserves the right to obtain the work from another source.

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Repair work shall be approved and scheduled by the Contract Administrator prior to its commencement. The City of Harrisonburg reserves the right to bid separately any Repair Service to the HVAC/Plumbing and reserves the right to purchase repair parts and materials from other sources.

3.4 PREVENTIVE MAINTENANCE SERVICE

The Contractor shall provide all labor, supervision, tools, equipment, materials and all incidentals required and/or implied for the complete and satisfactory performance of regularly scheduled preventive maintenance servicing for all HVAC systems listed in Attachment J. At a minimum, HVAC equipment preventive maintenance shall be provided as stated in Attachment K.

3.5 ON-CALL REPAIR SERVICE (EMERGENCY)

If deemed an emergency by the Contract Administrator, Department Director or Department

Director Designee, the Contractor shall provide service within two (2) hours of the time of the call.

If the Contractor exceeds this time parameter, the City reserves the right to call another vendor to provide the needed services and bill the Contractor for the difference in price.

The provisions of this section shall apply twenty-four (24) hours a day, seven (7) days a week.

This would be a billable service call as per the quoted hourly rate in Attachment I. Call backs for on-call repairs for the same problem within a twenty-four (24) hour period shall be at the

Contractor’s expense.

3.6 REPAIR SERVICE (NON-EMERGENCY)

The Contractor shall provide all labor, tools, equipment, materials and all incidentals required and/or implied for the complete and satisfactory performance of repair servicing for all HVAC systems listed in Attachment J. At a minimum, HVAC repair service shall be provided as stated in Attachment K.

Repairs, which are not included in preventive maintenance, may be paid for on an hourly labor rate basis according to final contract negotiation.

The Contractor shall be required to provide a not-to-exceed (NTE) estimate of the cost and descriptive information of the necessary repairs to the Contract Administrator at the time of the service call. No repair work shall be performed until approval is given by the Contract

Administrator, Department Director or Department Director Designee.

3.7 REPORTS

The Contractor shall submit a written report to the Contract Administrator upon the completion of, and on the same day as, Preventive HVAC Maintenance and/or Repair service call. The report may be made on the Contractor’s form, to be approved by the City of Harrisonburg and should include the following:

1. Company Name, Mechanic(s) Name(s); Helper(s) Name(s) (if applicable); Time and

Date of Service or Repair Work.

2. Identification of HVAC Equipment Serviced or Repaired; Checklist of Examinations

Made and Work Performed; Time Worked; Type and Quantity of Material and Parts Used.

3. Certification that work was performed in accordance with the specifications, signed by the Mechanic.

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4. Needed repair work, problems, failures or malfunctions discovered during repair work.

3.8 MARK-UP ON PARTS

All parts required for the performance of this contract shall be marked-up not more than 10% of the vendor’s wholesale cost. The part shall be listed on the invoice so the City can verify the cost of the part before and after mark-up.

3.9 QUALITY CONTROL PROGRAM

The Contractor shall establish and follow a quality control program for the purpose of identifying and correcting deficiencies in the quality of services performed before the level of service becomes unacceptable. This program may involve periodic inspections or supervision of work performed by the Contractor, or any other program to insure a sufficient level of service.

4.0 PRE-PROPOSAL MEETING & SITE VISITS

No pre-proposal meeting will be held for this RFP. If an Offeror wishes to visit a site, please contact Glenn

Baldwin at 540-810-7240 to setup a date and time to tour the facility. No site visits will be allowed after the last day and time for questions as noted on the Cover Page.

5.0 PROPOSAL REQUIREMENTS

The proposal shall provide information necessary for City of Harrisonburg to evaluate the qualifications, experience, and expertise of the proposing firm to provide HVAC Preventive Maintenance Services.

The Offeror is to make a written proposal which presents an understanding of the work to be performed.

The proposal should demonstrate and provide evidence that the Offeror has the capabilities, professional expertise, and experience to provide the necessary services as described in this RFP. The Offeror shall ensure that all information required herein is submitted with the proposal. All information provided should be verifiable by documentation requested by the City of Harrisonburg. Proposals shall be signed by an authorized representative of the Offeror.

In order to enhance the evaluation process and provide each firm an equal opportunity for consideration, adherence to a standardized technical proposal format is required. Responses should be as thorough and detailed as possible so that the City may properly evaluate the firm’s capabilities to provide the required services.

Unnecessarily elaborate brochures of other presentations beyond that sufficient to present a complete and effective proposal is not desired. Elaborate artwork, expensive paper, bindings, visual and other presentation aids are not required.

The format of each proposal must contain the following elements organized into separate sections, as the

Offeror(s) may deem appropriate:

SECTION 1 • Cover Sheet (first page of this RFP), completed;

• Table of Contents – all pages are to be numbered;

• Cover Letter/Executive Summary on company letterhead signed by a person with the corporate authority to enter into any contract which results from the RFP.

SECTION 2 EXPERIENCE & QUALIFICATIONS OF FIRM

• Attachment F. References List

• The vendor shall include a history of the firm, including number of customers in business and size of the firm. This also includes the location of the head office and any branch offices.

Contractor shall have a minimum of three (3) years’ experience in providing the requested products or services.

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• Describe the qualifications and skills of the vendor to provide each of the required services listed in the Scope of Work. Vendor shall provide evidence that the firm has the resources and personnel available to respond to and fulfill the two (2) hour emergency response time for services.

• Provide a list of all company employees who would perform the services outlined in this RFP, their role in the contract, their professional certifications, licensing, and a description of their relevant industry experience. This section shall also include all qualifications for each HVAC mechanic.

SECTION 3 STATEMENT OF WORK

This section should include a preventive maintenance program for each City building along with an equipment maintenance schedule and methodology offered by your company that meets the City’s detailed Scope of Work requirements. Offeror should also provide information on the company’s quality control program.

SECTION 4 REQUIRED FORMS

• Attachment B. Proprietary/Confidential Information Identification Form

• Attachment C. State Corporation Commission (SCC) Form

• Attachment D. Non-Collusion Affidavit

• Attachment G. Insurance Requirements Form

• Attachment H. Notice of Exceptions

• Attachment L. System for Award Management (SAM) Form

• Attachment M. Minority Status of Business Ownership Form

• Attachment N. Federal Transportation Administration (FTA) Clause

SECTION 5 ADDENDA, signed (if any)

SECTION 6 COST

• Attachment I. Cost Proposal Form

SECTION 7 OTHER SERVICES (optional) The Offeror may provide information for other services or programs that are available to its clients that may not be specified in this proposal. Additional services should be provided with cost listed as well as details and description of the offering.

6.0 GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA

Offerors shall review and take into consideration all aspects of the City’s General Terms and Conditions listed in Attachment A.

6.1 SPECIAL TERMS & CONDITIONS

Federal Transportation Administration (FTA) funding is used.

7.0 INSURANCE REQUIREMENTS

Offerors shall complete and return with their proposal Attachment G. Insurance Requirements Form.

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8.0 INSTRUCTIONS TO OFFERORS

All proposals for this RFP shall be submitted through the eVA platform (https://eva.virginia.gov/). Faxed, emailed and hard copies of proposals will not be accepted. Proposals shall be received by the Purchasing Office no later than the date and time listed on the Cover Page of this RFP. Any proposals received after this date and time will not be accepted.

To submit a proposal through eVA, the Offeror must be a registered vendor on eVA. To register as a new vendor, visit: https://eva.virginia.gov/register-now.html. If you have questions or issues during the process of submitting a proposal, contact eVA Customer Care at: 1-866-289-7367. Do not contact the City regarding issues with the eVA platform. The City of Harrisonburg is not responsible for any delays in submission caused by the eVA platform, vendor registration, or internet outage. Please ensure you have allotted ample time to submit your proposal document(s). The Offeror has the sole responsibility to have the proposal submitted on or before the above address and by the above stated time and date.

All expenses for making proposal to the City shall be borne by the Offeror. If proprietary/confidential information is identified (Attachment B), Offeror is required to submit a redacted copy of their proposal in addition to the unredacted copy. All documents contained within the proposal submission shall be completed in their entirety and signed and dated where required. Proposals will not be publicly opened.

9.0 QUESTIONS

Questions related to the RFP or requests for clarification shall be directed to the Procurement Manager for the

City of Harrisonburg, by email (Questions@harrisonburgva.gov). Oral questions will not be permitted. All responses to inquiries will be in writing and will be posted as addenda on the eVA website at https://eva.virginia.gov/. All questions must be received no later than the date and time listed on the Cover Page of this RFP. It is the responsibility of all Offerors to ensure that they have received all addenda and to include signed copies of any and all addenda with their proposal submission.

10.0 PROPOSAL EVALUATION CRITERIA

Selection of the successful proposal will be based upon submission of proposals meeting the selection criteria.

Proposal evaluations will be based on points, using the following minimum selection criteria:

1. Responsibility: The capability, in all respects, to perform fully the contract requirements, the moral and business integrity and reliability which will assure good faith performance as required by the specifications contained herein, including vendor references and qualifications of the company and personnel. (30 Points)

2. Experience: Experience by the firm in performing the services required. (25 Points)

3. Cost: Cost will not be the sole deciding factor in the selection process, but will be considered in the case of this RFP. (20 Points)

4. Responsiveness: The degree to which the vendor has responded to the purpose and scope of work and conformance in all respects to this RFP. (15 Points)

5. Ability to Follow Directions: The Offerors’ ability to follow the proposal preparation instructions set forth in this solicitation including the failure to return required pages, missing signatures, missing documents, etc. and will also be considered to be an indicator of the Offerors’ ability to follow instructions should they receive an award as a result of this solicitation. (10 points)

City of Harrisonburg, VA - HVAC Preventive Maintenance Services RFP (2024003-PW-P) Page 7 of 51 https://eva.virginia.gov/ https://eva.virginia.gov/register-now.html mailto:Questions@harrisonburgva.gov https://eva.virginia.gov/

As part of the evaluation process, the City may ask questions of a clarifying nature from Offerors as required.

The City may also request an oral presentation to explain the proposal and answer questions.

The City reserves the right to cancel this RFP at any time or reject any or all proposals received as a result of this

RFP if it is in the best interest of the City. The City reserves the right to waive any informality in any proposal.

11.0 AWARD OF CONTRACT

Selection shall be made of two (2) or more Offerors deemed to be fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services.

Repetitive informal interviews shall be permissible. The Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage, the public body may discuss nonbinding estimates of total project costs, including, but not limited to, life-cycle costing, and where appropriate, nonbinding estimates of price for services.

At the conclusion of discussion, outlined in this subdivision, on the basis of evaluation factors published in the

Request for Proposal and all information developed in the selection process to this point, the public body shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious.

Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable and pursuant to contractual terms and conditions acceptable to the City, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price.

Should the City determine in writing and in its sole discretion that only one (1) Offeror is fully qualified, or that one (1) Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror. Once the selection has been made as to which Offeror will be awarded the contract, the Procurement Manager will post a Notice of Award on the eVA website at https://eva.virginia.gov/.

The award documentation will subsequently be followed by a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the Offeror’s proposal as negotiated.

Successful Offeror shall contact the Commissioner’s Office to obtain proper business licensing for the City of

Harrisonburg, if it does not already possess (540-432-7704).

The City reserves the right to make on-site visitations to assess the capabilities of individual Offeror(s) and to contact references provided with the proposal.

12.0 CONTRACT TERM

The subsequent contract will be for an initial three (3) year term with the anticipated contract(s) start date of

January 1, 2024. The fee(s) will remain firm through the initial contract term and will include all charges that may be incurred in fulfilling the requirements of this initial contract. The City shall have the option to renew the contract for two (2) additional one (1) year terms. Changes in cost for year four (4) and five (5) renewals will be based on mutual agreement between both parties. For any pricing increases the contractor will need to provide written justification and documentation to support such request.

13.0 PAYMENT TERMS

Contractor shall invoice the City after approved work is completed. Invoices and reports shall be sent to the

Contract Administrator and shall show detail of work completed. Each City Building location shall be invoiced separately. No payment will be issued prior to the receipt of the report(s).

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ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR THE CITY OF

HARRISONBURG, VA (REV. 11-17-22)

These General Terms & Conditions shall apply to all purchases and be a part of every contract awarded by the City of Harrisonburg unless otherwise specified in writing. Bidders/Offerors are expected to inform themselves fully as to the conditions, requirements and specifications before submitting bids/proposals. Procurement by the City is subject to the Virginia Public Procurement Act (VPPA) Title

2.2, Chapter 43 of the Code of Virginia and the provisions of The Purchasing and Contracting Policy Manual for the City of Harrisonburg and any revisions thereto. If an inconsistency exists between the VPPA and the Purchasing and Contracting Policy Manual for the City, the VPPA Virginia Code sections take precedence.

TABLE OF CONTENTS

DEFINITIONS

CONDITIONS OF BIDDING

Bid Price Currency

Bid/Proposal Acceptance Period

Cancellation of Solicitations

Clarifications of Terms

Conflict of Interest/Collusion

Debarment Status

Discrimination Prohibited

Errors in Bids

Ethics in Public Contracting

Excusable Delay

Licenses, Permits & Fees

Mandatory Use of City Forms & T&C for ITB’s & RFP’s

Modification & Withdrawal of Bids/Proposals

Public Inspection of Certain Records

Revisions to the Official ITB/RFP

Taxes

AWARD

Contract Award

Negotiation with the Lowest Bidder

Precedence of Terms

Qualifications of Bidders/Offerors

Selection Process/Award

CONTRACT PROVISIONS

Anti-Discrimination

Antitrust

Applicable Laws & Courts

Assignment of Contract

Changes to the Contract

Contract Execution

Contractual Disputes

Cooperative Procurement

Default

Drug-Free Workplace

Immigration Reform & Control Act of 1986

Indemnification

Insurance

Liability & Litigation

Non-Discrimination of Contractors

Payment

Safety & OSHA Standards

Termination

SPECIFICATIONS

Condition of Items

Formal Specifications

Use of Brand Names

DELIVERY

Defects or Improprieties

Testing & Inspection

Transportation & Packaging

DEFINITIONS

ADDENDUM/ADDENDA: Addition(s) or supplement(s) to a solicitation to clarify, modify or support information which becomes part of the contract.

BID: The offer of a prospective vendor/supplier to an Invitation To Bid to provide specific goods or services at specified prices and/or other conditions specified in the solicitation.

BIDDER/OFFEROR: Any individual, company, firm, corporation, partnership or other organization who submits a response to an

Invitation to Bid or a Request for Proposal and offering to enter into a contract with the City.

COLLUSION: A secret agreement or cooperation between two or more parties to accomplish a fraudulent, deceitful, or unlawful purpose.

CONFLICT OF INTEREST: An actual or potential situation in which the personal interests of a vendor, employee or public official are, or appear to be, in conflict with the best interests of the City.

CONTRACTOR: The entity that has a direct contract with the City to furnish goods, services or construction for a certain price.

CITY or OWNER: City of Harrisonburg, Virginia.

DAY(S): Defined as calendar days unless otherwise specified as business days.

INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid or Request for Proposal which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

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INVITATION TO BID (ITB): A formal request which is made to prospective suppliers (bidders) for their quotation on goods, services, or construction desired by the City. The issuance of an ITB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement.

PROFESSIONAL SERVICES: Any type of professional service performed by an independent contractor within the practice of accounting, actuarial services, architecture, dentistry, land surveying, landscape architecture, law, medicine, optometry, pharmacy, or professional engineering (which shall be procured as set forth in the Code of Virginia). 2.2-4301

PROPOSAL: The document submitted by the offeror in response to the RFP to be used as the basis for negotiations for entering into a contract.

PURCHASING AGENT: The individual employed and given authority by the Harrisonburg City Council by adoption of the City of Harrisonburg Purchasing and Contracting Policy Manual. Purchasing Agent may also be referred to as Procurement

Manager.

REQUEST FOR PROPOSAL (RFP): A formal request for a proposal from prospective offerors which will indicate the general terms which are sought to be procured from the offeror and where negotiations are conducted to come to a final contract. The

RFP will specify the evaluation criteria to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement.

RESPONSIBLE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having the capability in all respects to perform fully the contract requirements, and also having the moral and business integrity and reliability which will assure good faith performance.

RESPONSIVE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having submitted a bid/proposal which conforms in all material respects to the ITB or RFP.

SOLICITATION: A formal document issued by the City with the intent to purchase goods, services or construction. Can be either an Invitation To Bid or a Request For Proposal.

SWAM: Small, Women, and Minority-owned businesses.

SUBCONTRACTOR: A business entity that has a contract to supply labor or materials to the prime contractor to whom the contract was awarded or to any subcontractor in the performance of the work provided for in such contract.

CONDITIONS OF BIDDING

BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/proposal prices in US dollars.

BID/PROPOSAL ACCEPTANCE PERIOD: Unless otherwise specified, all bids/proposals submitted shall be binding and may not be withdrawn for sixty (60) days following the bid/proposal opening date and time, unless extended by mutual consent of all parties. If the bid/proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

CANCELLATION OF SOLICITATIONS: 2.2-4319 An ITB, RFP or any other solicitation may be cancelled or rejected, but shall not be cancelled or rejected solely to avoid awarding a contract to a particular responsive and responsible bidder/offeror. The reasons for cancellation shall be made part of the contract file.

CLARIFICATION of TERMS: 2.2-4316 If any prospective bidder/offeror has questions about the specifications or other solicitation documents, the prospective bidder/offeror should contact the person identified in the solicitation no later than five (5) business days before the due date. Any revisions to the solicitation will be made only by addendum issued by the City.

CONFLICT OF INTEREST/COLLUSION: Contractor certifies by signing their bid/proposal submission to the City, that no conflict of interest or collusion exists between the Contractor and City that interferes with fair competition and no conflict of interest or collusion exists between Contractor and any other person or organization that constitutes a conflict of interest with respect to the contract with the

City.

DEBARMENT STATUS: By signing their bid/proposal, the bidders/offerors certify that they are not currently debarred from submitting bids/proposals on contracts from any agency, public entity/locality or authority of the Commonwealth of Virginia.

DISCRIMINATION PROHIBITED: 2.2-4310 In the solicitation or awarding of a contract the City shall not discriminate against a bidder/offeror because of race; religion; color; sex; national origin; age; disability; status as a small, women-owned, minority-owned, or service disabled veteran-owned; employment services organization; or any other basis prohibited by state law relating to discrimination in employment. The City encourages the participation of these entities in public procurement activities. Towards that end, the City encourages contractors to provide for the participation of these entities through partnerships, joint ventures, subcontracts, and other contractual opportunities.

ERRORS IN BIDS/PROPOSALS: When an error is made in extending total prices, the unit price will govern. Bidders/Offerors are cautioned to recheck their bids/proposals for possible errors prior to submission.

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ETHICS IN PUBLIC CONTRACTING: 2.2-4371 By submitting their bids/proposals, the bidders/offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

EXCUSABLE DELAY: The City shall not be in default of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond its reasonable control and without the fault of or negligence of the City. Such causes may include, but are not restricted to acts of God or the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the reasonable control and without the fault or negligence of the City.

LICENSES, PERMITS and FEES: All proposals submitted shall have included in price the cost of any business or professional licenses, permits or fees required by the City of Harrisonburg or the Commonwealth of Virginia. At or prior to delivery of the signed contract, the bidder/offeror to whom the contract is awarded shall deliver to the City a copy of their City Business License (if applicable).

The bidder/offeror shall ensure that the Business License indicates a basis amount equal to or greater than the awarded Contract value. For information on City Business Licenses contact the Harrisonburg Commissioner of the Revenue’s office at 540-432-7704.

The bidder/offeror must have all necessary licenses to perform the services in the Commonwealth of Virginia and, if practicing as other than an individual, be authorized to do business in the Commonwealth of Virginia.

MANDATORY USE of CITY FORMS AND TERMS and CONDITIONS for ITBs AND RFPs: Failure to submit a bid/proposal on the official City form(s) provided or in the format identified, for that purpose shall be a cause for rejection of the bid/proposal.

Unauthorized modification of or additions to any portion of the ITB or RFP may be cause for rejection of the bid/proposal. The City reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject any bid/ proposal which has been modified.

As a precondition to its acceptance of an ITB response, the City may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document.

MODIFICATION & WITHDRAWAL OF BIDS/PROPOSALS: 2.2-4330

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

If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

2. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

3. No bid shall be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent.

4. If a bid is withdrawn in accordance with this section, the lowest remaining bid shall be deemed to be the low bid.

5. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

6. The public body shall notify the bidder in writing within five business days of its decision regarding the bidder’s request to withdraw its bid. If the public body denies the withdrawal of a bid under the provisions of this section, it shall state in such notice the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder.

At the same time that the notice is provided, the public body shall return all work papers and copies thereof that have been submitted by the bidder.

7. These procedures also apply for the withdrawal of bids for other than construction contracts.

8. A bidder/offeror may modify or withdraw his bid/proposal, either personally or by written request to the Purchasing office at any time prior to the scheduled time for opening of bids/proposals.

PUBLIC INSPECTION OF CERTAIN RECORDS: 2.2-4342 Public inspection of all records is strictly governed by Code of Virginia

2.2-4342 and in accordance with the Virginia Freedom of Information Act (VA Code 2.2-3700 et seq). Any inspection of procurement

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REVISIONS to the OFFICIAL ITB/RFP: No bidder/offeror shall modify, revise, edit or make any unauthorized change(s) to the original official ITB/RFP. The official solicitation document and the Addenda(um) are the documents posted on the eVA website at https://eva.virginia.gov/. In the event the eVA website is not able to be used, the City will post Addenda on the City’s website at www.harrisonburgva.gov/bids-proposals . Any such violation as stated above may result in rejection of the ITB/RFP response. In addition, violations may result in the debarment of the bidder/offeror by the City of Harrisonburg.

TAXES: Sales to the City of Harrisonburg are normally exempt from State sales tax. Virginia Sales and Use Tax Certificate of

Exemption, Form ST-12, will be issued upon request. The City may also be exempt from other taxes and fees.

AWARD

CONTRACT AWARD

For ITB: The award(s) made in response to an ITB will be made to the lowest responsive and responsible bidder(s) for each item, or group of items indicated in the bid. The City reserves the right to make the sole determination of whether the product and/or options offered meet the minimum specifications and is acceptable in accordance with the specifications. The City’s decision shall be final. The

City reserves the right to make a separate award for each item, a group of items or all items, and to make awards either in whole or in part, whichever is deemed by the City to be in its best interest. Delivery timelines may be a factor in making an award.

For RFP: The award(s) made in response to an RFP will be made to the highest qualified offeror whose proposal is determined to be the most advantageous to the City, taking into consideration the evaluation criteria set forth in the RFP. After negotiations, the offeror who has made the best proposal and provides the best value shall be awarded the contract.

Professional services shall be procured and awarded by competitive negotiation as set forth in 2.2-4302.2 A 4.

The City reserves the right to cancel a solicitation at any time and to reject any or all bids/proposals, in whole or in part, to waive any informality and to delete items prior to making the award(s), whenever it is deemed in the sole opinion of the City to be in its best interest.

NEGOTIATION WITH THE LOWEST BIDDER: 2.2-4318 Unless all bids are canceled or rejected, the City reserves the right to negotiate with the lowest responsive and responsible bidder to obtain a contract price within the funds available to the City whenever such low bid exceeds the City’s available funds for the project. The City shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and the City wishes to negotiate a lower contract price. The times, places and manner of negotiating shall be agreed to by the City and the lowest responsive, responsible bidder.

PRECEDENCE of TERMS: General Terms and Conditions shall apply in all instances with the exceptions for projects funded by the

Federal Highway Administration (FHWA) and by the Federal Transportation Administration (FTA). In the event there is a conflict between the General Terms and Conditions and any Federal, Special, Standard, or Supplementary Terms and Conditions in this solicitation, the Federal, Special, Standard, or Supplementary Terms and Conditions shall apply.

QUALIFICATIONS of BIDDERS/OFFERORS: The City may make such reasonable investigations as deemed proper and necessary to determine the responsibility and ability of the bidder/offeror to perform the services/furnish the goods and the bidder/offeror shall furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect bidder’s/offeror’s physical facilities prior to award to satisfy questions regarding the bidder’s/offeror’s capabilities. The City further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the City that such bidder/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

SELECTION PROCESS/NOTICE OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Purchasing office will publicly post such notice and/or will notify all responsive bidders/offerors and records are available for public inspection in accordance with the VA Freedom of Information Act (VA Code 2.2-3700 et seq). The

City posts all Notice of Awards on eVA at https://eva.virginia.gov/. In the event the eVA website is not able to be used, the City will post Notice of Awards on the City’s website at www.harrisonburgva.gov/bids-proposals.

CONTRACT PROVISIONS

ANTI-DISCRIMINATION: 2.2-4311 By submitting their bids/proposals, bidders/offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act.

In every contract over $10,000 the provisions below apply:

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1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

APPLICABLE LAWS and COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the

Commonwealth of Virginia, excluding its conflict of laws provisions, and venue for litigation with any respect thereto shall be proper only in the Circuit Court of Rockingham County, Virginia. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

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

CHANGES to the CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties by mutual agreement in writing, to modify the terms, conditions or scope of the contract subject to item 2. below. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the…