842289lockerHburg.pdf

INVITATION TO BID (ITB) COVER PAGE

ISSUE DATE:

September 01, 2026

INVITATION TO BID NUMBER:

2027012-PU-B

FOR:

HPU Men’s Locker Room Expansion

DEPARTMENT:

Public Utilities

CONTRACT ADMINISTRATOR:

Dave Gray, Deputy Director of Public Utilities

DATE/TIME OF CLOSING ON EVA:

September 29, 2026 at 3:00pm

DATE/TIME LAST DAY FOR QUESTIONS:

September 21, 2026 on or before 12:00pm (noon) local time

PRE-BID MEETING:

September 14, 2026 at 2:00pm local time at

2155 Beery Road, Harrisonburg, VA 22801

PRE-BID MEETING MANDATORY:

Yes No N/A

Bids - In accordance with the following and in compliance with all terms and conditions, unless otherwise noted, the undersigned offers and agrees, if the bid 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 this entire ITB and any addenda shall constitute a contract.

Sealed bids, subject to terms and conditions of this Invitation to Bid 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 #:___________________________

__________________________________________________ Contractor License #:______________________________________

Contact Name: ______________________________________

Contact Email: __________________________________________

By signing this bid, Vendor(s) certifies, acknowledges, understands and agrees to be bound by the conditions set forth in this ITB. 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 Invitation to Bid (ITB) – 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 bid submission.

Table of Contents

ITB COVER PAGE

0000 TABLE OF CONTENTS

0001 INVITATION TO BIDDERS

0100 INSTRUCTIONS TO BIDDERS

0101 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

0300 BID FORM

0301 CONTRACTOR ELIGIBILITY AND REGISTRATION

0302 STATE CORPORATION COMMISSION FORM

0303 NON-COLLUSION AFFIDAVIT

0304 INSURANCE REQUIREMENTS

0305 NOTICE OF EXCEPTIONS TO CONDITIONS

0306 ESCROW ACCOUNT ELECTION

0307 ESCROW AGREEMENT

0400 CITY OF HARRISONBURG STANDARD CONTRACT

0401 NOTICE OF AWARD

0402 BID BOND: AIA A310-2010 (UPON REQUEST)

0403 AIA DOCUMENT A101 – 2017: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR WHERE

THE BASIS OF PAYMENT IS A STIPULATED SUM (UPON REQUEST)

0404 NOTICE TO PROCEED (UPON REQUEST)

0600 AIA DOCUMENT A312-2010: PERFORMANCE BOND (UPON REQUEST)

0601 AIA DOCUMENT A312-2010: PAYMENT BOND (UPON REQUEST)

0602 AIA DOCUMENT G702 & G703 – 1992: APPLICATION AND CERTIFICATE FOR PAYMENT (UPON REQUEST)

0603 AIA DOCUMENT G704-2017: CERTIFICATE OF SUBSTANTIAL COMPLETION (UPON REQUEST)

0604 NOTICE OF ACCEPTABILITY

0700 AIA DOCUMENT A201 – 2017: GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (UPON REQUEST)

0701 00 73 13 SUPPLEMENTARY CONDITIONS - AIA

0702 INCLUDES GENERAL TERMS AND CONDITIONS OF THE CITY OF HARRISONBURG, VA

0703 INCLUDES CITY OF HARRISONBURG EXCEPTIONS TO THE AIA A201 GENERAL CONDITIONS

0800 AIA DOCUMENT G714 - 2017: CONSTRUCTION CHANGE DIRECTIVE (UPON REQUEST)

0801 AIA DOCUMENT G701 – 2017: CHANGE ORDER (UPON REQUEST)

0802 AIA DOCUMENT G711 – 2018: ARCHITECT’S FIELD REPORT (UPON REQUEST)

0900 SUBMITTAL LOG & SPECIAL INSPECTIONS

1000 GENERAL REQUIREMENTS

0001-1

0001 INVITATION TO BIDDERS

1. PROJECT

Harrisonburg Public Utilities Men’s Locker Room Expansion (CIP 5882526)

2. DESCRIPTION OF WORK

HPU is seeking a contractor to perform a renovation of existing structure to expand the men’s locker room at the City’s Public Utilities office. Work includes partial demolition of a Concrete Masonry Unity (CMU) wall, construction of new CMU walls, plumbing to include supply and drain lines to new toilets, urinals and sinks, modifications to existing HVAC ducts and addition of new electrical receptacles and lights. Start work no sooner than October 5, 2026. Entire project must be completed by December 31, 2026.

3. 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 56,000. Harrisonburg is located right 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.

The Department of Public Utilities is responsible for providing water and sewer services to residences and businesses in the City of Harrisonburg and some in neighboring Rockingham County. Currently, this department manages approximately 17,000 accounts. This department not only provides water for drinking, bathing, cleaning, recreational use, industrial supply, and fire protection but also provides waste disposal in the form of sewer services. More than 70 employees work for the Department of Public Utilities to answer questions, respond to emergency situations, and provide services to both current and prospective customers.

4. SECURING DOCUMENTS

Bid documents are available for viewing on the eVA website at www.eva.virginia.gov.

5. PRE-BID CONFERENCE (OPTIONAL) & SITE TOURS

A pre-bid conference will be held on September 14, 2026 at 2:00 PM local time. The conference will be held at the Department of Public Utilities, located at 2155 Beery Road, Harrisonburg, VA 22801. While attendance is not mandatory, a representative from every interested contractor intending to submit a bid in response to this

ITB is recommended to be in attendance for the entire meeting. Site tours will be held as well as discussion of the work to be performed. A list of questions and answers will be generated from the meeting and posted as an addendum on the eVA website at https://eva.virginia.gov/.

Due to restricted gate access, additional site tours may be scheduled with the Contract Administrator prior to the last day and time listed for questions on the ITB cover page. The Contract Administrator may be reached at

540-434-9959.

6. BID SECURITY

https://eva.virginia.gov/

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A bid security in the amount of five percent (5%) of the bid value will be required with the bid submittal. Bid security must be in the form of a cashier’s check, certified check or a bid bond issued by a surety.

7. BIDS DUE

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

To submit a bid through eVA, the Bidder 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 bid, 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 bid document(s). The Bidder has the sole responsibility to have the bid submitted on or before the above address and by the above stated time and date.

All expenses for making bid to the City shall be borne by the Bidder. If proprietary/confidential information is identified (Attachment B), Bidder is required to submit a redacted copy of their bid in addition to the unredacted copy. All documents contained within the bid submission shall be completed in their entirety and signed and dated where required. Bids will be publicly opened and the names of bidders will be announced along with the bid amount.

8. BID OPENING

Shortly after the closing date and time, bids will be opened and read publicly at City Hall, 409 South Main

Street, Room 11, Harrisonburg, VA 22801. The names of bidders will be announced along with the bid amount.

9. QUESTIONS

Questions related to the ITB 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 ITB. It is the responsibility of all Bidders to ensure that they have received all addenda and to include signed copies of any and all addenda with their proposal submission.

10. OWNER

City of Harrisonburg, 409 South Main Street, Harrisonburg, VA, 22801

11. CONTRACT ADMINISTRATOR

Dave Gray, Deputy Director of Public Utilities, 2155 Beery Road, Harrisonburg, VA 22801 https://eva.virginia.gov/register-now.html mailto:Questions@harrisonburgva.gov

0100-1

0100 INSTRUCTIONS TO BIDDERS

1. BIDDER ELIGIBILITY & QUALIFICATIONS

Bids will only be accepted from Contractors who are experienced in and actively engaged in the type of construction of the item(s) called for in the bid.

No bid will be accepted from or contract awarded to any person, firm, or corporation that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said City or had failed to perform faithfully any previous contract with the City.

A. Bidders are required under Chapter 11, Title 54, Code of Virginia, to show evidence of certificate of registration before bid may be received and considered. Bidders shall enter their registration number on the Cover Page of this ITB and return with bid submission.

B. By signing the Bid Form, Bidders certify that they are not currently barred from bidding on contracts by any agency of the Commonwealth of Virginia or any federal agency.

C. To demonstrate their qualification to perform the Work, each Bidder shall be prepared to submit further written satisfactory evidence that the Bidder has sufficient experience, necessary capital, materials, machinery and skilled workers to complete the Work. If financial statements are required, they shall be of such date as the Owner shall determine and shall be prepared on forms acceptable to the Owner. The

Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the Work. The Owner's decision or judgment on these matters shall be final, conclusive and binding. Each Bidder must be prepared to submit within ten (10) calendar days of Owner’s request, written evidence:

a. That he/she has the requisite organization, capital, equipment, ability, personnel, evidence of the authority to conduct business in the jurisdiction where the project is located, and at least five (5) years’ experience in municipal type work for which he/she has submitted a bid. A list of references may be required to be submitted for current or recent clients as well as clients who have terminated service with your company. A financial statement and/or reference from a banking institution may be required.

b. Of at least five (5) representative projects in the range of $100,000 - $500,000 that were completed within the last five (5) years, giving project title, location, dollar value, year completed and the name(s) of the owner(s) and Engineer(s).

c. Of current work, giving project title, location, dollar value, anticipated completion date and the name(s) of the owner(s) and Engineer(s).

d. That he/she has sufficient and qualified personnel to provide for the contract work and has the ability to provide the necessary materials and/or equipment.

D. Failure by the lowest bidder(s) to sufficiently satisfy the City on his/her ability, qualifications and experience will serve as grounds for rejection of the bid.

2. BID FORM AND SUBMISSION

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In order to receive consideration, submit bids in accordance with the following:

A. Make bids upon the forms provided herewith, properly completed and signed where required. Do not change the wording of the bid form, and do not add words to the bid form. Unauthorized conditions, limitations, or provisions attached to the bid may be cause for rejection of the bid.

B. Address bids to the Owner and submit as specified in item #6 below. It is the sole responsibility of the bidder to see that his bid is received on time. No bids received after the time fixed for receiving them will be considered. Late or incomplete bids may be returned to the bidder.

C. No faxed, emailed or hand-delivered bid will be considered. All expenses for making bids to the City shall be borne by the bidder. All documents contained within the bid submission shall be completed in their entirety and signed and dated where required.

D. Indicate receipt of issued addenda. All Bidders are cautioned to check at https://eva.virginia.gov to assure that all Addenda have been received and that the cost consequences thereof have been included in the bid. Signed addenda must be returned with bid submission.

E. The following documents fully completed and signed where appropriate are required for a responsive bid:

Signed Cover Sheet

0300 Bid Form

Schedule of Values (AIA Form G703; Contractor's standard form or electronic media printout will be considered.)

0301 Contractor Eligibility and Registration

0302 State Corporation Commission (SCC) Form

0303 Non-Collusion Affidavit

0304 Insurance Requirements Form

0305 Notice of Exceptions

0306 Escrow Election Form

Bid Security

Signed Addenda, if applicable

3. ORDER OF PRECEDENCE OF TERMS AND CONDITIONS

1) Virginia Code

2) ITB Document; Special Notice - Section 0701 Supplementary Conditions

3) General Terms & Conditions for the City of Harrisonburg, VA (10-08-24)

4) AIA A101-2017 Standard form of Agreement between Owner and Contractor where the basis of payment is a stipulated sum.

4. BID SECURITY

A bid security in the amount of five percent (5%) of the bid value will be required with the bid submittal. Bid security must be in the form of a cashier’s check, certified check or a bid bond issued by a surety. If providing bid bond as bid security, Bidder shall use form AIA A310-2010 and provide with bid submission.

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Bid security original, hard copy shall be delivered by the Bidder to the City’s Purchasing Office at 409 South

Main Street, Third Floor, Harrisonburg, VA 22801. Bid security shall be delivered prior to the date and time for bid closing as noted on the cover page of this ITB.

5. QUESTIONS

Questions related to the ITB 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 ITB. It is the responsibility of all Bidders to ensure that they have received all addenda and to include signed copies of any and all addenda with their proposal submission.

6. BIDS DUE

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

To submit a bid through eVA, the Bidder 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 bid, 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 bid document(s). The Bidder has the sole responsibility to have the bid submitted on or before the above stated time and date.

All expenses for making bid to the City shall be borne by the Bidder. Make bids upon the forms provided herewith, properly signed and with all items filled out. Do not change the wording of the bid form, and do not add words to the bid form. Unauthorized conditions, limitations, or provisions attached to the bid may be cause for rejection of the bid. All documents contained within the bid submission shall be completed in their entirety and signed and dated where required.

7. BID OPENING

Bids will be opened and read publicly at City Hall, 409 South Main Street, Room 011, Harrisonburg, VA

22801. The names of bidders will be announced along with the bid amount.

8. AWARD OF CONTRACT

The City intends to award to the lowest responsive and responsible bidder, meeting all specifications, subject to the Owner's right to reject any or all bids and to waive or not waive any informality and irregularity in the bids and in the bidding process.

Award may be immediate or up to 60 days from the date of bids received. All contractor bids and surety shall remain in effect throughout this period of time or up until time of Award, if sooner.

The bid award will be based upon the lowest “Base Bid” as listed on the Bid Form. It is the Bidder’s responsibility to understand the components in order to establish a bid price.

mailto:Questions@harrisonburgva.gov https://eva.virginia.gov/register-now.html

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The successful bidder shall submit a recent W-9 to the City Purchasing Office via email

(Purchasing@harrisonburgva.gov) within fourteen (14) calendar days of contract award.

City of Harrisonburg Business License is required for successful award of this project. At or prior to delivery of the signed Agreement/Contract, the bidder to whom the Contract is awarded shall deliver to the Owner a copy of their City Business License. The bidder 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 Revenue office at 540-432-7704.

9. EXECUTION OF CITY STANDARD CONTRACT

A. As acceptance of the notice of award the successful contractor shall enter into Agreement with the City using the City Standard ITB contract as provided in Section 0400. The bidder to whom the Contract is awarded shall, within ten (10) calendar days upon receipt of the contract forms from the owner, sign and deliver required copies of Contract to the Owner, B. Beginning upon receipt of fully signed Contract, and within ten (10) calendar days thereof, successful contractor shall deliver to the Owner

• Certificates of Insurance and Endorsement as required by the Contract Documents

• Performance and Payment Bonds as required by the Contract Documents

• AIA A101-2017 Standard Form of Agreement between Owner and Contractor where the basis of payment is a stipulated sum.

C. All requirements of Item 9B above shall be approved by the Owner before the successful bidder may proceed with the Work.

10. CONTRACT TERM / NOTICE TO PROCEED / TIME OF COMPLETION

The contract term shall begin on the date the contract is signed. The City may issue Notice to Proceed immediately or reserves the right to issue Notice to Proceed within thirty (30) days of contract date. Work shall not begin prior to Monday, October 5, 2026. Project shall be completed to substantial completion by December

15, 2026 and project final acceptance by December 31, 2026.

11. POST-ITB CONTRACT AWARD

A. The contract will be executed using AIA A101-2017 Standard Form of Agreement between Owner and

Contractor where the basis of payment is a stipulated sum. A copy of this document and the City exceptions may be furnished to interested Bidders upon request. Copies will not be furnished after the last day and time for questions, as noted on the Cover Sheet of the ITB.

B. Within ten (10) days from Notice of Award, Contractor shall furnish and deliver to Owner a complete and final schedule for the project. Contractor shall update and submit the project schedule to the

Architect with each payment application.

C. Change Orders and Construction Change Directives

Change Orders and Construction Change Directives are addressed in AIA G701 and G714.

D. Payment Terms mailto:Purchasing@harrisonburgva.gov

0100-5

Payment terms are addressed in AIA A101-2017 Standard Form of Agreement between Owner and

Contractor where the basis of payment is a stipulated sum.

E. DESIGN SPECIFICATIONS

Design Specifications are provided on the drawings found in Section 0701 of this document. Employee

Toilet Additions drawings by Miller Cupp Associates Architects, P.C. dated May 1, 2026.

0300-1

0300 BID FORM

The undersigned, having visited and examined the site and having carefully studied the specifications, hereby proposes to furnish all labor, equipment, materials, and services and to perform all operations necessary to execute and complete the work required for the project in strict accordance with the ITB and with any addenda issued during bidding period.

All applicable taxes are included in the Base Bid Amount. All Cash and Contingency Allowances described in

Section 1000 General Requirements are included in the Bid Sum. And as follows;

Contingency - $1,000.00

Testing & Inspection - $5,000.00

By signing below, I affirm that the Base Bid Amount listed is accurate.

The City reserves the right to reject any and all bids and will further reserve the right to waive or not waive any informality in any bid.

A List of Subcontractors is appended hereto and identified as Appendix A.

Base Bid Amount (numerical): _______________________________________________________

Base Bid Amount (words): __________________________________________________________

Signature: _____________________________________ Date: _____________________________

Name:______________________________________Title:________________________________

(Print)

Name of Firm: ______________________________

0300-2

APPENDIX A - LIST OF SUBCONTRACTORS

The following work will be performed (or provided) by Subcontractors and coordinated by us:

WORK SUBJECT NAME

Plumbing: ____________________________________

Mechanical HVAC: ____________________________________

Electrical: ____________________________________

END OF DOCUMENT

0302-1

0302 STATE CORPORATION COMMISSION FORM

STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia

2.2-4311.2 subsection B, a bidder/offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid/proposal the identification number issued to it by the State Corporation Commission (SCC) and shall not allow the identification number to lapse, be revoked or cancelled at any time during the term of the contract. Any bidder/offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid/proposal a statement describing why the bidder/offeror is not required to be so authorized. A link to the SCC site is at http://www.scc.virginia.gov.

Select one of the following boxes. The undersigned Bidder :

is a corporation or other business entity with the following SCC identification number: ________________ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust.

is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location).

is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. Attach opinion of legal counsel to this form.

has not completed any of the foregoing options but currently has pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wishes to be considered for a waiver to allow them to submit the SCC identification number after the due date for bids/proposals. The City reserves the right to determine in its sole discretion whether to allow such waiver.

Signature: _______________________________________ Date: ______________________________

Name: _____________________________________ Title: ____________________________________ http://www.scc.virginia.gov/

0302-2

0303-1

303 NON-COLLUSION AFFIDAVIT

Under oath, I hereby affirm under penalty of perjury:

(1) That I am the bidder or a partner of the bidder, or an officer or employee of the bidder’s corporation with authority to sign on its behalf;

(2) That the attached bid or bids have been arrived at by the bidder and have been arrived at and submitted without collusion or any design to limit bidding or competition;

(3) That the contents of the bid or bids have not been communicated to any person not an employee or agent of the bidder on any bid furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and

(4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit.

Signature: _______________________________________ Date: ______________________________

Name: _____________________________________ Title: ____________________________________

CITY / COUNTY OF _________________________,

STATE OF _________________________________, to wit:

I, __________________________________________________, a Notary Public, do certify that____________________________________________________whose name is signed to the foregoing has this date acknowledged the same before me in my City foresaid.

Given under my hand this day of , 20___.

My Commission expires .

Notary Public

0304-1

0304 INSURANCE REQUIREMENTS

FOR THE CITY OF HARRISONBURG

By signing and submitting a bid or proposal the vendor certifies that if awarded the contract, 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.) General Liability: The contractor will maintain a general liability policy with $5,000,000 combined single limits with a $5,000,000 aggregate. These limits can be attained through one primary policy or a combination of primary and excess policies. Coverage is to be on an occurrence basis with an insurer licensed to conduct business in the Commonwealth of Virginia. Additional Insured required; see notation above.

2.) Worker’s Compensation: The contractor will maintain workers’ compensation coverage in compliance with the laws of the Commonwealth of Virginia. 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.

3.) Automobile Liability: 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”.

4.) Builders Risk: 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. Additional Insured required; see notation above.

BIDDER/OFFEROR STATEMENT

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

Signature: _______________________________________ Date: ____________________________________

Name:__________________________________________Title:______________________________________ mailto:Purchasing@harrisonburgva.gov

0304-2

0305-1

0305 NOTICE OF EXCEPTIONS

Name of Bidder/Offeror: _______________________________________________________

List exceptions to any portions of ITB/RFP (i.e. General Terms & Conditions, Federal Terms &

Conditions, Special Terms & Conditions):

Check this box if there are none.

NOTE: THIS FORM IS NOT REQUIRED OR REQUESTED TO BE COMPLETED IN THE

FOLLOWING INSTANCES. IF YOU FEEL THIS FORM DOES NOT APPLY TO YOUR

SOLICITATION, PLEASE SELECT ONE OF THE FOLLOWING BOXES AND RETURN THIS FORM

WITH YOUR BID/PROPOSAL SUBMISSION.

Per Virginia Code § 2.2-4302.2 (3): “In the case of a proposal for information technology, as defined in § 2.2-2006, a public body shall not require an offeror to state in a proposal any exception to any liability provisions contained in the Request for Proposal. Negotiations shall then be conducted with each of the offerors so selected. The offeror shall state any exception to any liability provisions contained in the Request for Proposal in writing at the beginning of negotiations, and such exceptions shall be considered during negotiation.”

Per Virginia Code § 2.2-4302.2 (4): “For architectural or engineering services, the public body shall not request or require offerors to list any exceptions to proposed contractual terms and conditions, unless such terms and conditions are required by statute, regulation, ordinance, or standards developed pursuant to § 2.2-1132, until after the qualified offerors are ranked for negotiations.”

0306 ESCROW ACCOUNT ELECTION

ELECTION OF ESCROW ACCOUNT PROCEDURE FOR RETAINAGE

If determined to be the successful low bidder(s), the below signed elects to use the Escrow

Account Procedure for retainage.

Write “Yes” or “No” on above line

If the successful bidder elects to use the Escrow Account Procedure for Retainage, an “Escrow

Agreement” form will be provided by the City and shall be executed and submitted to the City within fifteen (15) calendar days after notification. If the “Escrow Agreement” form is not submitted within the fifteen (15) day period, the Contractor shall forfeit his rights to the use of the Escrow Account Procedure.

Company____________________________________________________________

Authorized Signature___________________________________________________

0307 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 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.

VII.

For its services hereunder, the Escrow Agent shall be entitled to a reasonable fee in accordance with its published schedule of fees or as may be agreed upon by the Escrow Agent and the Contractor. Such fee and any other costs of administration of this Agreement shall be paid from the income earned upon the escrowed fund and, if such income is not sufficient to pay the same, by the Contractor.

VIII.

The net income earned and received upon the principal of the escrowed fund shall be paid over to the

Contractor in quarterly or more frequent installments. Until so paid or applied to pay the Escrow Agent's fee or any other costs of administration, such income shall be deemed a part of the principal of the fund.

IX.

The Surety undertakes no obligation hereby but joins in this Agreement for the sole purpose of acknowledging that its obligations as surety for the Contractor's performance of the contract are not affected hereby.

X.

This Escrow Agreement shall be governed by, and construed in accordance with, the laws of the

Commonwealth of Virginia, without application of Virginia’s conflict of law provisions. Venue and any actions for any litigation, suits, and claims arising from or connected with this Escrow Agreement and/or Contract referred to herein shall only be proper in the Rockingham County Circuit Court, or in the Rockingham County

General District Court if the amount in controversy is within the jurisdictional limit of such court, and all parties to this Escrow Agreement and/or such Contract voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties.

SIGNATURE PAGE TO FOLLOW

IN WITNESS WHEREOF, the parties hereto have signed this Escrow Agreement by their authorized representatives.

Attest: (if corporation)

Witness: (if individual)

Attest:

Bank Officer

Witness:

Attest:

City Clerk

Approved as to form:

City Attorney

Approved as to execution:

City Attorney

Typed Name of Contractor

President/Vice-President;

Partner or Owner (Seal

Typed Name of Escrow Agent

Vice President

Typed Name of Surety Company

By:_______________________________________

Attorney-In-Fact

City of Harrisonburg, Virginia

City Manager/Deputy City Manager

0400 CITY OF HARRISONBURG

SAMPLE STANDARD CONTRACT

CONTRACT #: __________________

This Contract entered into [Date], by [Company] 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 [the goods/services] to the Owner as set forth in the Contract Documents.

PERIOD OF PERFORMANCE: From [Effective Date] to [Initial Term Expiration Date] with [X] 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:

[Date]. If applicable, any Official City Addenda: #1, dated: [Date]; [if applicable - #2, dated…]

(3) The Contractor’s Bid/Proposal response dated [Date on Cover Page of Bid Response] and the following negotiated modifications to the Bid/Proposal (if applicable), all of which are incorporated herein.

a. ABC

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 bid submission.

CITY OF HARRISONBURG, VA

NOTICE OF AWARD

Date {---Contract Award (or No Award) Date---}

Name {---Company Name---}

Address {---Street1---} {---Street2---}, {---City---}, {---State/Province---} {---Postal Code---}

Your Bid/Offer Dated X

In Response To ITB/RFP # {---Contract Number---}

To Furnish {---Title---}

During the Period From {---Effective Date---} to {---Current Term Expiration Date---} with options to renew until {---Overall Expiration Date---} hereby is accepted at prices and terms stated, subject to all conditions and requirements of the solicitation, purchase specifications, warranties, performance bond and other stipulations, if any.

Alexander Banks, VI, City Manager

Or

Amy Snider, Deputy City Manager

For City of Harrisonburg, VA

0604-1

0604 - NOTICE OF ACCEPTABILITY OF WORK

Owner: Owner’s Project No.:

Architect:

Architect’s Project

No.:

Contractor:

Contractor’s Project

No.:

Project:

Contract

Name:

Notice Date:

Effective Date of the Construction

Contract:

The Architect hereby gives notice to the Owner and Contractor that Architect recommends final payment to

Contractor, and that the Work furnished and performed by Contractor under the construction Contract is acceptable, expressly subject to the provisions of the construction Contract’s Contract Documents (“Contract

Documents”) and of the Agreement between Owner and Contractor dated [date of agreement]

(“Owner-Contractor Agreement”). This Notice of Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which all who receive and rely on said Notice agree:

1. This Notice has been prepared with the skill and care ordinarily used by members of the architectural profession practicing under similar conditions at the same time and in the same locality.

2. This Notice reflects and is an expression of the Architects’ professional opinion.

3. This Notice has been prepared to the best of Architects’ knowledge, information, and belief as of the

Notice Date.

4. This Notice is based entirely on and expressly limited by the scope of services Architect has been employed by Owner to perform or furnish during construction of the Project (including observation of the

Contractor’s Work) under the Owner-Architect Agreement, and applies only to facts that are within

Architect’s knowledge or could reasonably have been ascertained by Architect as a result of carrying out the responsibilities specifically assigned to Architect under such Owner-Architect Agreement.

5. This Notice is not a guarantee or warranty of Contractor’s performance under the Construction Contract, an acceptance of Work that is not in accordance with the Contract Documents, including but not limited to defective Work discovered after final inspection, nor an assumption of responsibility for any failure of

Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents, or to otherwise comply with the Contract Documents or the terms of any special guarantees specified therein.

6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract, and is subject to Owner’s reservations of rights with respect to completion and final payment.

Architect

By (signature):

Name

(printed):

Title:

0701 - 1

0701 DOCUMENT 00 73 13

SUPPLEMENTARY CONDITIONS - AIA

1.1 SUPPLEMENTARY CONDITIONS

A. These Supplementary Conditions modify the General Conditions of the Contract for Construction, AIA Document A201-2017, and other provisions of the Contract Documents as indicated below. All provisions which are not so modified remain in full force and effect.

B. The terms used in these Supplementary Conditions which are defined in the General Conditions of the Contract for Construction, AIA Document A201-2017, have the meanings assigned to them in the General Conditions.

ARTICLE 1- GENERAL PROVISIONS

Add the following definitions:

1.1.9 Miscellaneous Terms:

1. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work, but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse.

2. Furnish or Supply: To supply and deliver, unload, inspect for damage.

3. Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, and ready for use.

4. Provide: To furnish or supply, plus install.

ARTICLE 3 CONTRACTOR

3.7 Permits, Fees, Notices, and Compliance with Laws

Revise the following paragraph:

3.7.1 The Owner will pay for the general building permit and subcontractor permits. The General Contractor will coordinate with the Owner and secure the permit from the local authority.

Each contractor shall secure and pay for other fees, licenses, and inspections necessary for proper execution and completion of the Work that are customarily and legally required at the time bids are received or negotiations concluded.

ARTICLE 7 - CHANGES IN THE WORK

Add the following paragraphs:

7.1.4 All proposals for a change involving an increase or decrease in the amount of the contract shall be submitted by the Contractor in a completely itemized breakdown as listed in section

7.3.1 thru 7.3.10

7.1.5 The allowance for overhead and profit for additional work performed by the Contractor shall be ten percent (10%) of the actual cost of the Contractor's labor, material, and other expenses.

0701 - 2

7.1.6 The allowance for overhead and profit for additional work performed by Subcontractors shall be ten percent (10%) of the actual cost of Subcontractors labor, material, and other expenses.

The Contractor shall receive an allowance for overhead and profit of five percent (5%) of the Subcontractor's charges to the Contractor for the Subcontractor's additional work.

ARTICLE 8 - TIME

Add the following subparagraph:

8.1.5 Contract Time is identified in Document 00 21 13 - Instructions to Bidders & Document 00 41 13 - Bid Form.

ARTICLE 9 - PAYMENTS AND COMPLETION

Add the following paragraphs:

9.2.1 The schedule of values shall be prepared in such manner that each major item of Work and each subcontracted item of Work is shown as a single line item on AIA Document G702, Application and Certificate for Payment and AIA Document G703 Continuation Sheet, or a computerized facsimile thereof.

9.2.2 The form of Application for Payment shall be AIA Document G702, Application and Certification for Payment, supported by AIA Document G703, Continuation Sheet or a computerized facsimile thereof.

9.2.3 Until final payment, the Owner will pay ninety-five percent (95%) of the amount due the Contractor on account of progress payments.

ARTICLE 11.1 -

Add the following:

11.1.5 Provide the following minimum limits of liability coverage

1. Commercial General Liability (Occurrence Form) General Aggregate (other than Prod/Comp Ops…