2024035-PR-P_Golf Course Grounds Maint RFP_FINAL_04-17-24.pdf

REQUEST FOR PROPOSAL (RFP) COVER PAGE

ISSUE DATE:

April 17, 2024

REQUEST FOR PROPOSAL NUMBER:

2024035-PR-P

FOR:

Golf Course Grounds Maintenance RE-

ISSUE

DEPARTMENT:

Parks & Recreation

CONTRACT ADMINISTRATOR:

Charles Fultz, Golf Course General Manager/Supt.

DATE/TIME OF CLOSING ON

EVA:

May 1, 2024 at 3:00pm

DATE/TIME LAST DAY FOR

QUESTIONS:

April 23, 2024 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

3.1. GROUNDS MAINTENANCE SERVICES REQUIRED

3.2. SAFETY

3.3. WORKFORCE

3.4. SUPERVISION

3.5. SUBCONTRACTING

3.6. DAMAGES

3.7. ADD/REMOVE RELATED SERVICES

4.0 NON-MANDATORY PRE-PROPOSAL MEETING

5.0 PROPOSAL REQUIREMENTS

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

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. 12-05-23)

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

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 1 of 23

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 and qualified landscape vendors (Offeror) to provide maintenance services (weeding and edging only) at the City’s Heritage Oaks Golf Course (680 Garbers Church Rd, Harrisonburg, VA 22801) as outlined herein.

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.

Heritage Oaks is an 18-hole municipal golf course hosting 25000 rounds a year and is open year-round. The

Harrisonburg Parks and Recreation Department offers a wide range of programs and services that promote wellness and enhance the quality of life for all residents. Heritage Oaks Golf Course (HOGC) opened in March of 2002, after a soft opening in the Fall of 2001. During that first (partial) year of operation, the Golf Course generated over 16,000 rounds. Since that time, the Golf Course has averaged 28,000 rounds per year. Rounds include those of season pass holders, daily fee golfers, tournaments and fundraising events hosted by outside organizations. HOGC is an 18-hole municipal golf course that is open year-round.

3.0 SCOPE OF WORK

Offeror shall be responsible for all labor, materials, fuel and equipment necessary for the proper care and maintenance of the golf course grounds. No on-site storage will be available for Offeror’s equipment, supplies or vehicles.

Please be aware this work cannot be completed on the weekend.

3.1. GROUNDS MAINTENANCE SERVICES REQUIRED

3.1.1. WEED EATING/LINE TRIMMING

The only weed eating or line trimming services required shall be in the area around sand traps and tee signs on the golf course. Work shall be performed during the normal growing season (March

1 – November 1). During the months of November through March no services will be needed.

Turf shall be trimmed to the same cutting height in conjunction with mowing height. Scalping by weed eater or line trimmer will not be acceptable. Damage to trees, shrubs and signposts are not acceptable. Any unsightly clippings, which remain on the turf, shall be removed after trimming.

Walkways, streets and parking areas are to be blown or vacuumed free of clippings after each trimming.

Weed eating or line trimming is required on a weekly (one time per week) basis, and every seven

(7) calendar days thereafter during the normal growing season. It is preferred that the weed eating or line trimming take place on the same day/time as the edging work, prior to 7:00am to minimize interference with HOGC patrons. No weekend or holiday work will be required.

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 2 of 23

3.1.2. EDGING

Edging of bunkers and garden beds at the HOGC Clubhouse is all that is required.

Bed lines shall be kept smooth in regard to original design and increased if plant material growth warrants. Care should be taken in all edging operations to minimize damage to plant material and irrigation.

Edging is required on a weekly (one time per week) basis, and every seven (7) calendar days thereafter during the normal growing season. It is preferred that the edging take place on the same day/time as the weed eating work, prior to 7:00am to minimize interference with HOGC patrons.

No weekend or holiday work will be required.

3.2. SAFETY

All Contractor and subcontractor personnel shall wear appropriate personal protective equipment (PPE) in the performance of their duties, to include but not be limited to: safety vests, protective eye wear or face shields, respiratory protection as necessary, hearing protection, gloves and protective clothing.

Contractor shall be responsible for adhering to all local, state and federal safety guidelines and observe all safety precautions when performing services on City property.

Contractor will be provided a maximum of two (2) utility vehicles they will need to utilize on the HOGC grounds for the work.

3.3. WORKFORCE

Offeror’s employees should be dressed in a uniform fashion with the company identification. Vehicles as well should be easily identified. A neat and clean appearance should be maintained as much as possible.

Offeror employees should be instructed to be helpful and courteous to residents, other employees, and visitors at all times. Offeror's personnel shall conduct all work operations and dealings with the public in a courteous manner.

Offeror shall provide with their proposal response a current list of all employees, position/title and years of experience for each employee.

3.4. SUPERVISION

Offeror shall provide supervision of all maintenance and or repair work being performed. Supervisors shall be able to communicate problems to the Contract Administrator at any time and shall be easily accessible to the Contract Administrator by cell phone at all times.

Offeror shall be responsible for monitoring employee work performance; managing time and materials;

determining personnel needs; selecting, training and supervising subordinate personnel.

Offeror shall provide a knowledgeable, experienced and well-rounded supervisor to oversee work.

Supervisor shall have the ability to clearly and effectively communicate with Offeror’s employees and with City staff. A bi-weekly walk through with the Contract Administrator to be performed to cover work being accomplished, special needs or concerns, and other related information.

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 3 of 23

Owner shall be notified of any change in supervisory personnel.

Offeror shall provide with their proposal response the name and resume for the supervisor that will be assigned to oversee all work associated with this City contract.

3.5. SUBCONTRACTING

The Offeror may subcontract certain procedures or operations with the written approval of the Contract

Administrator. Subcontractor shall have proper licensing and insurance. The Contractor is held responsible for any work performed by any subcontractor engaged. If subcontractor(s) is to be used, a list of the intended subcontractors shall be provided with proposal response.

3.6. DAMAGES

Offeror shall immediately repair at Offeror’s cost, any damage caused by the Offeror, its employees or its subcontractors. Any plant, tree, grass or shrub that dies due to Offeror’s negligence shall be replaced by the contractor, except in instances involving excusable delay, as defined in the City’s General Terms &

Conditions.

3.7. ADD/REMOVE RELATED SERVICES

The City reserves the right to add or remove related services and/or locations to this contract. A cost estimate, schedule or other determining information may be required before approval of additional work may be granted. Each situation will be considered on a case-by-case basis.

4.0 NON-MANDATORY PRE-PROPOSAL MEETING

No pre-proposal meeting will be held for this solicitation. Site visits may be arranged by contacting the Contract

Administrator by emailing charles.fultz@harrisonburgva.gov or calling 540-810-5519. No site visits will be allowed after the last day and time for questions as listed on the Cover Page of this RFP.

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 golf course grounds maintenance.

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.

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 4 of 23 mailto:charles.fultz@harrisonburgva.gov

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

• Attachment F. References List

• Experience & Qualifications of firm, including background and number of years in business

• Employee list, including position and years of experience for each

• Name of supervisor assigned to this contract & their resume

• List if subcontractor(s), if applicable

SECTION 3 CONTRACT MANAGEMENT PLAN

• Statement of the Scope – state in concise terms, your understanding of the Scope of work and the company’s approach to the City’s project.

• Details on company’s plan to ensure safe performance (i.e. safety plan)

• List of machinery and/or equipment used in the performance of this contract

• Details on company’s quality assurance plan

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

SECTION 5 ADDENDA, signed (if any)

SECTION 6 COST

• Weekly cost shall be provided by Offeror

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.

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 5 of 23

7.0 INSURANCE REQUIREMENTS

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

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 a below/meets/exceeds scale, using the following minimum selection criteria:

1. Experience & Qualifications of Company: Including background on company and number of years in business; prior experience in providing work of similar size and scope; experience working with commercial properties and/or public agencies; strength and stability of contractor.

2. Experience & Qualifications of Staff: Qualifications and experience of Offeror’s employees;

experience of supervisor assigned to contract

3. Safety: Company’s safety record and policies/procedures in place to ensure safe operations during the contract

4. Client References: Assessment of Offeror’s work by client references and references with demonstrated success in providing similar services.

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 6 of 23 https://eva.virginia.gov/ https://eva.virginia.gov/register-now.html mailto:Questions@harrisonburgva.gov https://eva.virginia.gov/

5. Responsiveness: The Offeror’s ability to deliver the required services on time and in accordance with the Scope of Work. Includes adequate machinery, equipment and manpower to perform the work in a high-quality manner.

6. Quality Assurance: The Offeror’s plan to ensure they are providing a high-quality product/service to the City and all aspects of the Scope of Work are met.

7. Cost: Costs will not be the sole deciding factor in the selection process but will be considered in the case of this RFP.

8. 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.

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.

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 7 of 23

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.

The City reserves the right to award a contract(s) to as many Offeror(s) as deemed necessary to fulfill the anticipated requirements of the City of Harrisonburg.

12.0 CONTRACT TERM

The subsequent contract will be a firm-fixed price of a weekly cost for services performed. Contract shall be for an initial one (1) year term with the anticipated contract(s) start date of May 13, 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 four (4) additional one (1) year terms. Changes in cost for any 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

Offeror shall provide a detailed monthly invoice to the Contract Administrator for review and payment. Invoice shall include the day(s) worked that month and the time spent on the golf course. The City shall issue payment

Net 45 days. If Offeror provides any early payment discount, it shall be noted in their proposal response.

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 8 of 23

ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR THE CITY OF

HARRISONBURG, VA (REV. 12-05-23)

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.

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.

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.

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 9 of 23

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.

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

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 10 of 23

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 transactions shall be subject to reasonable restrictions to ensure the security and integrity of the records. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

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.

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 11 of 23 http://www.harrisonburgva.gov/bids-proposals

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:

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 same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract

City of Harrisonburg, VA - Golf Course Grounds Maintenance RE-ISSUE RFP Page 12 of 23 http://www.harrisonburgva.gov/bids-proposals resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the Harrisonburg City Council. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of a bidder/offeror from the consequences of an error in its (bid/offer). 2.2-4309

3. The Procurement Manager (or City delegated agent) may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the City of the adjustment to be sought, and before proceeding to comply with the notice, shall await the City's written decision affirming, modifying, or revoking the prior written notice. If the City decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the

City a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the City’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the City with all vouchers and records of expenses incurred and savings realized. The City shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the City within thirty (30) days from the date of receipt of the written order from the City. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the City of Harrisonburg Purchasing and Contracting Policy Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the City or with the performance of the contract generally.

CONTRACT EXECUTION: Per City Code (Sec 3-1-2, 3-1-1), the City Manager and the Deputy City Manager shall have authority to execute all contracts and agreements on behalf of the City except as otherwise directed by the Harrisonburg City Council in specific instances.

CONTRACTUAL DISPUTES: Contractual claim procedures shall be as per Code of VA 2.2-4363.

COOPERATIVE PROCUREMENT: 2.2-4304 This procurement is being conducted in accordance with the provisions of 2.2-4304 Code of VA. Except for contracts for architectural and engineering services, if agreed to by the contractor, other public bodies may utilize this contract. The Contractor shall deal directly with any public body it authorizes to use the contract. The City, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Contractor and any other public bodies, and in no event shall the City, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a City Contract. The City assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may conduct such notification.