2027004-PU-DB_WTP Sed Basin Enhancements RFP_FINAL_10-06-26.pdf

REQUEST FOR PROPOSAL (RFP) COVER PAGE

NOTE: This is an RFP used as Step 2 of a two-step process for Design-Build projects. Only firms selected in Step 1 are eligible to participate in this solicitation.

ISSUE DATE:

October 06, 2026

REQUEST FOR PROPOSAL NUMBER:

2027004-PU-DB

FOR:

Water Treatment Plant Sedimentation Basin

Plate Settlers Project

DEPARTMENT:

Public Utilities

CONTRACT ADMINISTRATOR:

Mike Collins, Director of Public Utilities

DATE/TIME OF CLOSING ON EVA:

December 10, 2026 at 3:00pm

DATE/TIME LAST DAY FOR

QUESTIONS:

November 20, 2026 on or before 12:00pm

(noon) local time

VIRTUAL PRE-PROPOSAL MEETING:

October 22, 2026 at 1:30pm local time

Held virtually via Microsoft TEAMS platform

*Deadline to register is 24-hours prior to meeting (see Section 5.0 for instructions)

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, women-owned, minority-owned, military family-owned, service disabled veteran-owned businesses, employment services organizations 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 further certifies that they and/or any member of their proposed team are not currently debarred or suspended by any agency or locality of the Commonwealth of Virginia and that no organization conflict exists between their company and any member of their proposed team.

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

1.1. CITY’S DESIGN-BUILD PROCUREMENT PROCESS

2.0 BACKGROUND

3.0 SCOPE DOCUMENTS

4.0 PROJECT SCOPE

4.1. PROJECT MANAGEMENT REQUIREMENTS

4.2. DESIGN REQUIREMENTS

4.3. CONSTRUCTION REQUIREMENTS

4.4. PROJECT MANAGEMENT REQUIREMENTS

4.5. CONSTRUCTION REQUIREMENTS

5.0 PRE-PROPOSAL MEETING (VIRTUAL) & SITE TOURS

6.0 PROPOSAL REQUIREMENTS

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

8.0 INSURANCE & BONDING REQUIREMENTS

9.0 INSTRUCTIONS TO OFFERORS

9.1. OWNERSHIP OF DOCUMENTS & PROPOSAL PAYMENT

10.0 QUESTIONS

11.0 PROPOSAL EVALUATION CRITERIA

12.0 AWARD OF CONTRACT

13.0 CONTRACT TERM

14.0 PAYMENT TERMS

13.1. LIQUIDATED DAMAGES

ATTACHMENT A. CITY OF HARRISONBURG SAMPLE STANDARD CONTRACT

ATTACHMENT B. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION FORM

ATTACHMENT C. INSURANCE REQUIREMENTS FORM

ATTACHMENT D. ESCROW ELECTION FORM

ATTACHMENT E. ESCROW AGREEMENT

ATTACHMENT F. APPLICATIONS FOR PAYMENT

ATTACHMENT G. PROPOSAL PAYMENT FORM

ATTACHMENT H. NOTICE OF EXCEPTIONS TO CONDITIONS

ATTACHMENT I. PROJECT SPECIFICATIONS FOR INCLINED PLATE SETTLERS

ATTACHMENT J. PROJECT SPECIFICATION FOR SLUDGE SYSTEM

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ATTACHMENT K. VIRGINIA ADMINISTRATIVE CODE 12VAC9-590-872

ATTACHMENT L. PROJECT ANCILLARY DESIGN CHECKLIST

ATTACHMENT M. PRICE PROPOSAL FORM—DESIGN-BUILD

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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 Short-Listed Design Build Teams (Offeror or Proposer in EJCDC) to design and build the Harrisonburg Public Utilities Water Treatment Plant Sedimentation Basin Plate Settlers Project for inclined plate settlers and a sludge collection system in the city’s Grandview Water Treatment Plant. The contract will be executed using EJCDC documents per this RFP.

This RFP is being issued in accordance with Virginia Code 2.2, Chapter 43.1 and with the City of Harrisonburg’s

Design-Build Procedures as adopted by Resolution from the Harrisonburg City Council effective January 1, 2022.

1.1. CITY’S DESIGN-BUILD PROCUREMENT PROCESS

The City of Harrisonburg will use a two-phased selection process for the selection of a Design-Builder for the

Project. This RFP represents the second phase in the selection process, during which short-listed Offerors will be invited to submit sealed proposals for the project, comprising two (2) separately-sealed parts: a

Technical Proposal and a Cost Proposal. This RFP document contains specific requirements for the separately sealed Technical and Cost Proposals, as well as evaluation criteria to evaluate proposal submissions. During the evaluation process, the City may require design adjustments. If design adjustments are required, Offerors may amend the Cost Proposal accordingly. Upon completion of the evaluations, the City may negotiate with two (2) or more Offerors. The City will recommend the top-ranked Offeror for an award of a fixed-price design-build contract. A Notice of Award will be issued on the eVA website at https://eva.virginia.gov/ and contract document will be sent to the successful Offeror. All Offerors will be notified of the contract award.

2.0 BACKGROUND

The city wishes to construct inclined plate settlers and a sludge removal system in all four existing and active sedimentation basins at the Grandview Water Treatment Plant. The purpose is to provide risk protection during periods of higher-than-normal turbidity to eight downstream multi-media conventional filtration units operating at 6.0 GPM/ft2. The settlers shall be designed and installed under compliance with Virginia Administrative Code

12VAC5-590-872 with a capacity rating of 15.2 MGD. The final product shall have inherent adaptation to expand to 20.0 MGD with similar add-on construction.

3.0 SCOPE DOCUMENTS

The following documents are being provided to inform the Offeror of the design requirements related to the project:

• Attachment I. Project Design Requirements For Inclined Plate Settlers– is a document that identifies specifications that the project team must meet.

• Attachment J. Project Design Requirements For Sludge Removal System– is a document that identifies specifications that the project team must meet.

• Attachment K: Virginia Administrative Code 12VAC9-590-872 – is a document that outlines the specific design requirements that are issued by the Virginia Department of Health – Office of Drinking Water

(VDH-ODW) to guide design in pursuing a certificate to construct. This document shall serve as a basis for design for the tube settlers and shall be used to develop the initial design and design build cost proposal.

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• Attachment L: Ancillary Project Requirements– is a document that identifies ancillary design and construction requirements that the project team must integrate into the project; these requirements are typically beyond the design capabilities of product manufacturers.

• Other: The owner has investigated, visited sites, and received preliminary design concepts for both the settlers and sludge systems from four (4) manufacturers. The owner will make the following concept documents available to the short-listed Offerors. These files will be posted on eVA, separate from this

RFP document.

…Aqua Equipment Technologies (AET)

…Jim Meyers & Sons (JMS)

…Meurer Research (MRI)

…Nordic Water

Note: This proposal requires stainless steel-inclined plates; some proposals above offer alternative materials and should not be considered for the base response to this RPP; however, identifying options for scope, cost, or schedule management add value to project planning.

The above technical proposals are examples of concepts that are acceptable to the owner, and they may be incorporated into an Offeror’s submittal, but the Offeror is not limited to those listed above.

In general, the concept documents above are provided to help understand the requirements to Attachments

I, J, and K, but they are not complete as Offerors for the RFP must undertake all actions necessary to make the design accurate and complete.

4.0 PROJECT SCOPE

4.1. PROJECT MANAGEMENT REQUIREMENTS

• Provide a detailed Statement of Work (SOW) which will be included in the final contract.

• Manage the project design to gain a certificate to construct from the VDH-ODW.

• Manage permits, fees, special inspections, procurement, and bonding.

• Manage the project construction including coordination between the city, subcontractors, and other stakeholders to ensure a quality project, timely delivery, safe implementation and to ensure that all contractual and warranty commitments are fulfilled.

• Manage procurement and all phases of project management.

• Manage all required administration functions.

• Provide documentation and manuals per specifications

• Provide a certificate to operate from VDH-ODW.

4.2. DESIGN REQUIREMENTS

The project design must comply with Virginia Administrative Code 12VAC5-590-872-Sedimentation and be approved by the VDH-ODW to meet 15.2 MGD hydraulic capacity.

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4.3. CONSTRUCTION REQUIREMENTS

The project team shall provide all labor, superintendence, materials, tools, equipment, supplies, incidentals, and other ancillary items necessary, for complete turnkey development to receive, install, coordinate, and commission the proposed materials in the actively operating water treatment environment.

4.4. PROJECT MANAGEMENT REQUIREMENTS

• Provide a detailed Statement of Work (SOW) after the successful offeror has been selected, which will be included in the final contract.

• Manage the project design to gain a certificate to construct from the Virginia Department of

Health-Office of Drinking Water (VDH-ODW)

• Manage permits, fees, special inspections, and bonding.

• Manage the project construction including coordination between the city, subcontractors, and other stakeholders to ensure a quality project, timely delivery, safe implementation and to ensure that all contractual and warranty commitments are fulfilled.

• Provide and maintain a project schedule with activities in sequenced format with successors and predecessors that establish and show a critical path. Activities must have attributes that include name, duration, cost, and responsible team member, The critical path shall establish the project contract time.

• Provide documentation and manuals per specifications

• Provide a certificate to operate from the Virginia Department of Health-Office of Drinking Water

(VDH-ODW)

4.5. CONSTRUCTION REQUIREMENTS

The project team shall provide all labor, superintendence, materials, tools, equipment, supplies, incidentals, and other ancillary items necessary, for complete turnkey development to receive, install, coordinate, and commission the proposed materials in the actively operating water treatment environment.

5.0 PRE-PROPOSAL MEETING (VIRTUAL) & SITE TOURS

A pre-proposal meeting will be held on the date and time listed on the Cover Page of this RFP. The meeting will be held as an on-line virtual meeting using the Teams platform. A representative from every interested Offeror intending to submit a proposal to this RFP is recommended to be in attendance for the meeting. A list of questions and answers will be generated from the meeting and compiled as an addendum on the eVA website at https://eva.virginia.gov/. Offerors are encouraged to submit questions in advance of the meeting so the questions can be recorded and answered most effectively.

The video conference will be held through a Microsoft TEAMS Platform. No phone-in option will be available.

Bidders interested in attending the conference must pre-register by contacting Balbina Penaloza at 540.434.9959 or Balbina.Penaloza@harrisonburgva.gov. Bidders interested in registering should provide their name, email address and company name. At the time of registration, information on access to the conference will be provided.

Pre-registration for the project information meeting must be submitted no later than 24-hours prior to the Meeting date/time.

Offerors are encouraged to submit questions in advance of the meeting so the questions can be recorded and answered most effectively.

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Additional site tours may be scheduled by contacting the contract administrator at 540.434.9959. No site tours may be scheduled or taken after the last day and time for questions listed on the Cover Page.

6.0 PROPOSAL REQUIREMENTS

The proposal shall provide information necessary for the City of Harrisonburg to evaluate the cost, design, and timeline of the proposing firm to provide the design and construction of Public Utilities Water Treatment

Plant Sedimentation Basin Plate Settlers Project.

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

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. 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: The contents for Sections 4, 5, 6, and 7 shall be in the form of a Power Point output document both submitted in the response and to be presented to the Owner on-site later. The following guidelines shall apply to preparation of the Power Point submittal.

• The Power Point may be used for the whole or for part of the submission to meet requirements of the applicable Sections of the submittal as listed below.

• For any section, such as Section 5, where the Power Point is only adequate for overview, supplemental documents may be added with the Power Point.

• Power Point must be submitted in two parts, Sections 4, 5, and 6 are to be submitted together in the first part and Section 7 as the latter part. No cost information should be submitted with Sections 1-6 documents (referred to as “Technical Proposal”).

SECTION 1 GENERAL

• Cover Sheet (first page of this RFP)

• 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 REQUIRED FORMS

• Attachment B. Proprietary/Confidential Information Identification Form

• Attachment C. Insurance Requirements Form

• Attachment D. Escrow Election Form

• Attachment G. Proposal Payment Form

• Attachment H. Notice of Exceptions

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• Provide a recent copy of the firm’s W-9 (signed and dated within the last year)

SECTION 3 ADDENDA, signed (if any)

SECTION 4 SCOPE OF WORK

Provide a Power Point presentation which shall serve as a preliminary report that recommends the best solution to the owner’s requirements. Identify the plate settler products and sludge system products to be used; explain why you are making the recommendation. Provide the statement of work that you propose to include in the contract.

SECTION 5 TECHNICAL DOCUMENTS

Provide the owner with drawings specific to the Harrisonburg project as required in

Attachments I, J, K, and L. You may use vendor provided drawings, but you must articulate the deficiencies in using your drawings and potential for scope and cost changes.

In the Power Point presentation, include an oversight of the contents and quality of the technical drawings provided.

SECTION 6 PROJECT PLANNING

Provide a project plan in the form of a project activity schedule, including, at a minimum, the following key milestones: Design and Certificate to Construct, Material delivery, &

Commissioning and Certificate to Operate. The schedule duration shall reflect the contract time proposed in the Bid Submittal. Describe the activities, estimate durations (critical supply chain shall assume 200 days, due not assign dates as this will occur later with the awarded Offeror), and identify the team member who will be the lead for the activity. In the Power Point presentation, include an oversight of the project planning including articulation for project integration, scope management, cost management, schedule management, quality management, communication management, risk management, resource management, and procurement management.

SEPARATE

DOCUMENT

(SECTION 7)

COST PROPOSAL

Use, complete, and insert the form in Attachment M. A separate Power Point presentation with cost information shall be provided and include an oversight of the cost and a recommendation for contingency funding. Offerors shall include a schedule of values.

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

This RFP is the second step in a 2-step solicitation process. Step 1 (Request for Qualification) was issued on July

28, 2026 and included documents that will be incorporated by reference into this process but will not be duplicated in this RFP by re-inclusion or request for re-completion by the Offeror. All items previously completed and submitted in Step 1 of the process by the Offeror will be deemed to also be completed and submitted in Step 2 of the process. These items include:

• Attachment C. State Corporation Commission (SCC) Form

• Attachment D. Non-Collusion Affidavit

• Attachment E. References List

• Attachment F. Affiliate & Subsidiary Companies of the Offeror

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• Attachment G. Key Personnel and Organization Structure

• Attachment H. Experience with Plate Settler Installations

• Attachment I. Experience with Providers of Project Materials & Systems

• Attachment J. Experience Working in a Water Treatment Environment

• Attachment K. Experience Working Design Build

• Attachment L. Risks

If any of the information previously submitted on these forms has changed, the Offeror shall notify the City immediately.

The following terms and conditions from the Request for Qualification document will not be restated in this RFP document but still apply to this RFP:

• Attachment A. General Terms & Conditions for the City of Harrisonburg, VA (REV. 10-08-24)

8.0 INSURANCE & BONDING REQUIREMENTS

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

Prior to signing the Offeror shall secure and post a Payment Bond and a Performance Bond, each in the amount of 100% of the Contract Sum. Such Bonds shall be issued by a Surety acceptable to the Owner. If the Contract

Sum changes at any point during the Contract Term, Contractor shall ensure the value of the Performance Bond and Payment Bond is at least 100% of the remaining Contract Sum. Any costs associated with additional bond capacity will require documentation that verifies that the contractor incurred added fees for the added capacity.

9.0 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.

9.1.OWNERSHIP OF DOCUMENTS & PROPOSAL PAYMENT

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Any professional or conceptual engineering or architectural drawings, plans or design ideas shall become property of the City of Harrisonburg at the time of proposal opening.

The City of Harrisonburg will provide a Proposal Payment “stipend” to Offerors who submit a responsive

Proposal but are not awarded the Design-Build Contract. A Proposal Payment amount of $5,000.00 will be paid. Offerors are required to complete the Proposal Payment Agreement Form included in the RFP to receive the Proposal Payment. Under no circumstances will the City be liable for or reimburse any costs incurred by Offeror in developing a Proposal unless otherwise noted in the RFP.

10.0 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.

11.0 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 100-point system, using the following minimum selection criteria:

Evaluation Criteria Points

Available

Part 1 General 10

Part 2 Scope of Work 15

Part 3 Technical Documents 15

Part 4 Project Planning 15

Part 5 Project Cost 45

TOTAL 100

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. will also be considered an indicator of the Offerors’ ability to follow instructions during the project and may impact the points assigned above.

Significant failure to respond to the proposal according to instructions may result in the City eliminating the proposal from evaluation.

The City will invite Offerors to an in-person interview where Offerors will be expected to present and elaborate on their submitted PowerPoint Presentation. The City may ask questions of a clarifying nature from Offerors as required.

The City reserves the right to cancel this solicitation at any time or reject any or all SOQs/proposals received as a result of this solicitation if it is in the best interest of the City. The City reserves the right to waive any informality in any SOQ/proposal.

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12.0 AWARD OF CONTRACT

The Committee shall evaluate (and rank if technical rankings are to be considered as a criterion for award) the

Technical Proposals and the Cost Proposals. After evaluation and ranking, the Committee shall conduct negotiations with two (2) or more offeror(s) submitting the highest ranked proposal(s). The Committee shall make its recommendation for the selection of an offeror to the City based on its evaluation of the Technical Proposal, Cost Proposal, and the outcome of negotiations.

Should the City determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one

Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror after approval of the Procurement Manager. Otherwise, the City shall open the Cost

Proposals and apply the criteria for award as specified in the RFP and approved by the Procurement Manager.

The Committee shall make its recommendation for the selection of a Design Builder to the Procurement Manager.

The contract shall be awarded to the Offeror who is fully qualified and has been determined to have provided the best value in response to the RFP. 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 Technical and Cost Proposals as negotiated. Contract will be executed using City’s standard contract document in addition to the EJCDC D-520 contract (available to short-listed Offerors upon request).

The City will notify all Offerors who submitted proposals which Offeror was selected for the project. In the alternative, the City may notify all Offerors who submitted proposals of the City’s intent to award the contract to a particular Offeror at any time after the City has selected the Design-Builder.

Upon request, documentation of the process used for the final selection shall be made available to the unsuccessful

Offerors.

The successful Offeror shall contact the Commissioner’s Office (540-432-7704) to obtain proper business licensing for the City of Harrisonburg, if it does not already possess.

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.

13.0 CONTRACT TERM

The subsequent contract will be a firm-fixed price contract from Notice to Proceed (NTP) and complete work/provide deliverables on or before the agreed upon contract end date as stated in the Timeline submitted with the proposal response.

14.0 PAYMENT TERMS

Contractor shall submit Applications for Payment in accordance with Attachment F of this RFP. City shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment as

City of Harrisonburg, VA - Water Treatment Plant Sedimentation Basin Plate Settlers Project RFP (2027004-PU-DB) Page 10 of 37 recommended by Contract Administrator, on or about the first day of each month during construction as provided below.

All Progress Payments will be on the basis of the progress of the Work measured by the schedule of values established in the solicitation documents. Retainage will be held per Virginia Code 2.2-4333.

Prior to completion, Progress Payments will be made in an amount equal to: 95% of the Work completed, and

95% of the materials and equipment not incorporated in the Work but delivered and suitably stored less in each case the aggregate of payment previously made.

Upon substantial completion, City shall pay amount sufficient to increase total payments to Contractor to 98% of the Contract Price, less such amount as Contract Administrator shall determine.

Upon final completion and acceptance of the Work in accordance with the Contract documents, City shall pay the remainder of the Contract Price as recommended by Contract Administrator.

13.1. LIQUIDATED DAMAGES

Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. For any work not completed by the Final Completion date, the Contractor shall be liable and hereby agrees to pay to the City as liquidated damages, and not as a penalty, the amount of Five Hundred

Dollars ($500.00) per calendar day for each and every day thereafter that said work remains substantially incomplete. The City reserves the right, at is sole discretion, to deduct liquidated damages from any outstanding amount due the Contractor.

Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire Contract, nor shall the payment of such liquidated damages constitute a waiver of the City’s right to collect any additional damages which may be sustained by failure of the Contractor to carry out the terms of the Contract, it being the intent of the parties that said liquidated damages be full and complete payment only for failure of the Contractor to complete the work on time.

No relief in the application of liquidated damages shall be granted due to delays attributed to subcontracted work.

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ATTACHMENT A. CITY OF HARRISONBURG SAMPLE STANDARD CONTRACT

STANDARD CONTRACT

CONTRACT #: ___________________

This Contract entered into [Date], by __________________________ hereinafter called the “Contractor” and the City of Harrisonburg, VA, called the “Owner”.

WITNESSETH that the Contractor and the Owner, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows:

SCOPE OF CONTRACT: The Contractor shall provide [goods/services] to the Owner as set forth in the

Contract Documents.

PERIOD OF PERFORMANCE: From ___________________ through __________________ with

________ renewal options.

The contract documents shall consist of:

(1) This signed form;

(2) The entire City of Harrisonburg’s Official solicitation (no revisions by the Contractor) dated:

___________. If applicable, any Official City Addenda: #1, dated: _______________;

(3) The Contractor’s Bid/Proposal response dated ____________________ and the following negotiated modifications to the Bid/Proposal (if applicable), all of which are incorporated herein.

IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby.

CONTRACTOR: CITY OF HARRISONBURG (OWNER):

By: _________________________________ By: __________________________________

(Signature) (Signature)

(Printed Name) (Printed Name)

Title: _________________________________ Title: __________________________________

*Note: This form is just for reference and is NOT required to be submitted with your proposal submission.

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ATTACHMENT B. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION

FORM

Code of Virginia 2.2-4342F (updated 07/01/18): “Trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of § 2.2-4317 shall not be subject to the Virginia Freedom of Information Act

(§ 2.2-3700 et seq.); however, the bidder, offeror, or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and

(iii) state the reasons why protection is necessary. A bidder, offeror, or contractor shall not designate as trade secrets or proprietary information (a) an entire bid, proposal, or prequalification application; (b) any portion of a bid, proposal, or prequalification application that does not contain trade secrets or proprietary information; or (c) line item prices or total bid, proposal, or prequalification application prices.”

Trade secrets or proprietary information shall be identified in writing on this form, either before or at the time the data or other material is submitted. Note: If proprietary/confidential information is identified, Bidder/Offeror must submit a redacted copy (in electronic PDF format) of their bid/proposal in addition to the required number of copies requested. The proprietary or trade secret material must be clearly identified in the redacted bid/proposal copy by a distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute a trade secret or proprietary information. The designation of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the offeror refuses to withdraw such a classification designation, the proposal will be rejected.

Name of Bidder/Offeror: ____________________________________________________________________

SECTION/TITLE PAGE NUMBER(S)

REASON(S) FOR WITHHOLDING

FROM DISCLOSURE

*Bidder/Offeror may attach additional sheets if necessary

Check this box if there are none.

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ATTACHMENT C. INSURANCE REQUIREMENTS FORM

By signing and submitting a proposal the Design-Build Team certifies that if awarded the contract, they will have the following insurance coverages at the time the contract is awarded. If any subcontractors are involved, the subcontractor will have the same insurance. The contractor further certifies that they or any subcontractor will maintain these coverages during the entire term of the contract.

All insurers must be licensed to do business in the Commonwealth of Virginia and have an A. M. Best rating of

A- or better. The certificate holder shall be: City of Harrisonburg, 409 S. Main Street, Harrisonburg, VA 22801.

Additional Insured for General Liability, Auto Liability & Builders Risk: Where the following coverages are required, the insurer must list the City of Harrisonburg as an additional insured. The endorsement must be issued by the insurance company. A notation on the certificate of insurance is not sufficient. Builders Risk may be accepted as Lost Payee in lieu of Additional Insured.

With all policies listed below, the insurer or agent of the insurer must issue a certificate of insurance to show evidence of coverage. All certificates of insurance are subject to approval by the City of Harrisonburg Purchasing

Office. No work shall commence until the Purchasing Office has received and approved the Contractor’s certificate of insurance. Certificates of insurance may be emailed to: Purchasing@harrisonburgva.gov. For any questions, please contact the Purchasing Office at 540-432-7794.

1.) The contractor will maintain a general liability policy with $1,000,000 combined single limits. Coverage is to be on an occurrence basis with an insurer licensed to conduct business in the Commonwealth of Virginia.

The insurer must have an A. M. Best rating of A- or better. The insurer must list the City of Harrisonburg as an additional insured. The endorsement must be issued by the insurance company. A notation on the certificate of insurance is not sufficient.

2.) The contractor will maintain automobile liability insurance with limits of at least $1,000,000. The coverage is to be written with a symbol “1”. The insurer must be licensed to conduct business in the Commonwealth of

Virginia. The insurer must have an A. M. Best rating of A- or better.

3.) The contractor will maintain workers’ compensation coverage in compliance with the laws of the

Commonwealth of Virginia. The coverage must have statutory limits and be with an insurer licensed to conduct business in the Commonwealth of Virginia. The insurer must have an A. M. Best rating of A- or better. As an alternative, it is acceptable for the contractor to be insured by a group self insurance association that is licensed by the Virginia Bureau of Insurance. The contractor will also carry employers liability insurance with a limit of at least $100,000 bodily injury by accident/$500,000 bodily injury by disease policy limit/$100,000 bodily injury by disease each employee.

4.) The contractor will maintain professional liability insurance with a limit of at least $1,000,000. It is preferred that the coverage be on an occurrence basis. If the policy is on a claims made basis, this should be noted. If the contractor has professional liability insurance on a claims made basis, agreement must be made that coverage will be maintained for at least three years beyond the expiration date of the policy in force at the time of this contract. Coverage is to be with a company licensed to conduct business in the Commonwealth of Virginia and have an A. M. Best rating of A- or better. The insurer must list the City of Harrisonburg as an additional insured. The endorsement must be issued by the insurance company. A notation on the certificate of insurance is not sufficient.

5.) The contractor will maintain builders risk coverage on a replacement cost basis for the duration of the contract. The limit will be the full replacement cost of the building and/or structures being built under this contract, including any applicable change orders to the project value. The insurer must list the City of

City of Harrisonburg, VA - Water Treatment Plant Sedimentation Basin Plate Settlers Project RFP (2027004-PU-DB) Page 14 of 37 mailto:Purchasing@harrisonburgva.gov

Harrisonburg as an additional insured to protect any property owned at the contructions site. The endorsement must be issued by the insurance company. A notation on the certificate of insurance is not sufficient. The insurer must have an A. M. Best rating of A- or better.

6.) The contractor will maintain an Environmental Liability insurance policy with a limit of $1,000,000 with an insurer licensed to conduct business in the Commonwealth of Virginia.

With all policies listed above, the insurer or agent of the insurer must issue a certificate of insurance (COI) to the

City to show evidence of coverage as well as provide a copy of the additional insured endorsement(s). All wording limiting the insurer responsibility to notify the City of Harrisonburg of any cancellation or non-renewal of the coverage must be removed

BIDDER/OFFEROR STATEMENT REGARDING INSURANCE REQUIREMENTS (ATTACHMENT D)

We understand the Insurance Requirements of these specifications and will comply in full if awarded this contract.

Signature: _______________________________________ Date: ______________________________

Name: _____________________________________ Title: ____________________________________

(Print)

Name of Firm: ______________________________

City of Harrisonburg, VA - Water Treatment Plant Sedimentation Basin Plate Settlers Project RFP (2027004-PU-DB) Page 15 of 37

ATTACHMENT D. ESCROW ELECTION FORM

In accordance with the Code of Virginia Section 2.2 - 4334, any public Contract of $200,000 or more for construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, and the installation of water, gas, sewer lines and pumping stations, where portions of the contract price are to be retained, shall include in the [BID/PROPOSAL] an option for the Contractor to use an escrow account procedure for utilization of the political subdivision’s retainage funds by so indicating in the space provided in the [BID/PROPOSAL] document. In the event the Contractor elects to use the escrow account procedure, the escrow agreement form included in the [BID/PROPOSAL] and Contract shall be executed and submitted to the City of Harrisonburg within fifteen (15) calendar days after notification.

If the escrow agreement form is not submitted within the fifteen-day period, the contractor shall forfeit his rights to the use of the escrow account procedure.

In order to have retained funds paid to an escrow agent, the CONTRACTOR, the escrow agent, and the surety shall execute the “Escrow Agreement” furnished by the CITY, and submit same to the CITY for approval. The

CONTRACTOR’s escrow agent shall be a trust company, approved bank or savings and loan institution with its principal office located in the Commonwealth of Virginia. The “Escrow Agreement” shall contain the complete address of the escrow agent and surety, and the executed “Escrow Agreement” will be authority for the CITY to make payment of retained funds to the escrow agent. After approving the agreement, the CITY will pay to the escrow agent the funds retained as provided herein, except that funds retained for lack of progress or other deficiencies on the part of the CONTRACTOR will not be paid to the escrow agent. The escrow agent may, in accordance with the stipulations contained in the “Escrow Agreement”, invest the funds paid into the escrow account and pay earnings on such investments to the CONTRACTOR, or release the funds to the

CONTRACTOR, provided such funds are fully secured by approved securities.

Retained funds invested, and securities held as collateral for retainage may be released only as and when directed by the CITY. When the final estimate is released for payment, the CITY will direct the escrow agent to settle the escrow amount by paying the CONTRACTOR or the CITY monies due them as determined by the CITY. The

CITY reserves the right to recall retained funds and to release same to the surety upon receipt of written request from the CONTRACTOR or in the event of default.

( ) We elect to use the escrow account procedure for the deposit of retained funds.

( ) We elect not to use the escrow account procedure for the deposit of retained funds.

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ATTACHMENT E. ESCROW AGREEMENT

CITY OF HARRISONBURG, VIRGINIA

THIS AGREEMENT ("Agreement"), made and entered into this _______ day of ________________________, 20_____ by, between and among the City of Harrisonburg, Virginia ("City" or Owner"), _____________________________________________________________________________("Contractor"), _____________________________________________________________________(Name of Escrow Agent)

____________________________________________________________________(Address of Escrow Agent) a trust company, bank, or savings and loan institution (hereinafter referred to collectively as "Escrow Agent") with its principal office located in the Commonwealth of Virginia ("Commonwealth") and

_________________________________________________________________________("Surety") provides:

I.

The City and the Contractor have entered into a contract dated _______________________________________ with respect to City of Harrisonburg ITB No. ________________________ , for ________________________

__________________________________________________________("Contract"). This Agreement is pursuant to, but in no way amends or modifies, the Contract. Payments made hereunder or the release of funds from escrow shall not be deemed approval or acceptance of performance by the Contractor. Payments should be made to _____________________________________________________ and mailed to __________________

__________________________________________________________(Name and Address of Escrow Agent).

II.

In order to assure full and satisfactory performance by the Contractor of its obligations under the Contract, the

City is required thereby to retain certain amounts otherwise due the Contractor. The Contractor has, with the approval of the City, elected to have these retained amounts held in escrow by the Escrow Agent. This agreement sets forth the terms of the escrow. The Escrow Agent shall not be deemed a party to, bound by, or required to inquire into the terms of the Contract or any other instrument or agreement between the City and the

Contractor.

III.

The City shall from time to time pursuant to the Contract pay to the Escrow Agent amounts retained by it under the Contract. Except as to amounts actually withdrawn from escrow by the City, the Contractor shall look solely to the Escrow Agent for the payment of funds retained under the Contract and paid by the City to the Escrow

Agent.

The risk of loss by diminution of the principal of any funds invested under the terms of the Contract shall be solely upon the Contractor.

Funds and securities held by the Escrow Agent pursuant to this Escrow Agreement shall not be subject to levy, garnishment, attachment, lien, or other process whatsoever. Contractor agrees not to assign, pledge, discount, sell or otherwise transfer or dispose of his interest in the escrow account or any part thereof, except to the Surety.

IV.

Upon receipt of checks drawn by the City and made payable to the Escrow Agent under this agreement, the

Escrow Agent shall promptly notify the Contractor, negotiate the same and deposit or invest and reinvest the

City of Harrisonburg, VA - Water Treatment Plant Sedimentation Basin Plate Settlers Project RFP (2027004-PU-DB) Page 17 of 37 proceeds in approved securities in accordance with the written instructions of the Contractor. In no event shall the Escrow Agent invest the escrowed funds in any security not approved, as set forth in Section V. below.

V.

The following securities, and none other, are approved securities for all purposes of this Agreement:

(1) United States Treasury Bonds, United States Treasury Notes, United States Treasury Certificates of

Indebtedness or United States Treasury Bills,

(2) Bonds, notes and other evidences of indebtedness unconditionally guaranteed as to the payment of principal and interest by the United States,

(3) Bonds or notes of the Commonwealth of Virginia,

(4) Bonds of any political subdivision of the Commonwealth of Virginia, if such bonds carried, at the time of purchase by the Escrow Agent or deposit by the Contractor, a Standard and Poor's or Moody's

Investor Service rating of at least "A", and

(5) Certificates of deposit issued by commercial Banks located within the Commonwealth of Virginia, including, but not limited to, those insured by the Escrow Agent and its affiliates.

(6) Any bonds, notes, or other evidences of indebtedness listed in Sections (1) through (3) may be purchased pursuant to a repurchase agreement with a bank, within or without the Commonwealth of

Virginia having a combined capital, surplus and undivided profit of not less than $25,000,000, provided the obligation of the bank to repurchase is within the time limitations established for investments as set forth herein. The repurchase agreement shall be considered a purchase of such securities even if title, and/or possession of such securities is not transferred to the Escrow Agent, so long as the repurchase obligation of the bank is collateralized by the securities themselves, and the securities have on the date of the repurchase agreement a fair market value equal to at least 100% of the amount of the repurchase obligation of the bank, and the securities are held by a third party, and segregated from other securities owned by the bank.

No security is approved hereunder which matures more than five (5) years after the date of its purchase by the

Escrow Agent or deposit by the Contractor.

VI.

The Contractor may from time to time withdraw the whole or any portion of the escrowed funds by depositing with the Escrow Agent approved securities as set forth in Section V. above in an amount equal to, or in excess of, the amount so withdrawn. Any securities so deposited or withdrawn shall be valued at such time of deposit or withdrawal at the lower of par or market value, the latter as determined by the Escrow Agent. Any securities so deposited shall thereupon become a part of the escrowed fund.

Upon receipt of a direction signed by the City of Harrisonburg Director of Finance or designee, the Escrow Agent shall pay the principal of the fund, or any specified amount thereof, to the City or the Contractor as the City may direct. If payment is to be made to the Harrisonburg City Treasurer, it shall be made in cash or cash equivalent.

However, if payment has been authorized to be made to the Contractor, the Contractor may specify to the Escrow

Agent if payment is to be made in cash or in kind. Any such payment and delivery required hereunder shall be made as soon as is practicable after receipt of the direction.

City of Harrisonburg, VA - Water Treatment Plant Sedimentation Basin Plate…