849920hallHburg.pdf

REQUEST FOR QUALIFICATIONS (RFQ) COVER PAGE

NOTE: This is a RFQ used as Step 1 of a two-step process for this construction project.

ISSUE DATE:

October 13, 2026

CONTRACT NUMBER:

2027007-CM-B

FOR:

Renovation of the City Hall Complex

DEPARTMENT:

City Manager’s Office

CONTRACT ADMINISTRATOR:

Amy Snider, Deputy City Manager

DATE/TIME OF CLOSING ON EVA:

November 13, 2026 at 12:00pm (noon) local time

DATE/TIME LAST DAY FOR

QUESTIONS:

November 04, 2026 on or before 12:00pm

(noon) local time

VIRTUAL PRE-APPLICATION

MEETING:

October 27, 2026 at 3:00pm local time

*Deadline to register is 24-hours prior to meeting (see Section 4.0 for instructions)

PRE-APPLICATION MEETING

MANDATORY:

Yes No N/A

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 Application for Prequalification, Vendor(s) certifies, acknowledges, understands and agrees to be bound by the conditions set forth in this RFQ. 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 Qualifications (RFQ) – 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 Prequalification Application submission.

Table of Contents

1.0 INTRODUCTION

1.1. CITY’S PREQUALIFICATION PROCESS

2.0 BACKGROUND

3.0 DESCRIPTION OF WORK

3.1. ANTICIPATED PROJECT SCOPE

3.2. APPLICANT’S QUALIFICATIONS & TEAM STRUCTURE

3.3. EXPERIENCE OF APPLICANT’S TEAM

3.4. REQUIREMENT TO KEEP TEAM INTACT

3.5. ANTICIPATED SCHEDULE

4.0 PRE-APPLICATION MEETING (VIRTUAL)

5.0 PREQUALIFICATION SUBMITTAL REQUIREMENTS

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

6.1 SPECIAL TERMS & CONDITIONS

7.0 INSURANCE REQUIREMENTS

8.0 INSTRUCTIONS TO OFFERORS

9.0 QUESTIONS

10.0 SUBMITTAL EVALUATION

10.1. EVALUATION PROCESS

10.2. EVALUATION CRITERIA

10.3. DENIAL OF PREQUALIFICATION

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

(REV. 10-08-24)

ATTACHMENT B. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION FORM

ATTACHMENT C. STATE CORPORATION COMMISSION (SCC) FORM

ATTACHMENT D. NON-COLLUSION AFFIDAVIT

ATTACHMENT E. REFERENCES LIST

ATTACHMENT F. PREQUALIFICATION APPLICATION SUBMISSION FORM

City of Harrisonburg, VA - Renovation of the City Hall Complex RFQ (2027007-CM-B) Page 1 of 25

1.0 INTRODUCTION

The City of Harrisonburg, Virginia (City) is initiating a two-step procurement process for the renovation of the

City Hall Complex (the Project). This Request for Qualifications (RFQ) represents Step One, through which the

City is soliciting Prequalification Applications from experienced and capable General Contractors (Bidders or

Applicants).

1.1. CITY’S PREQUALIFICATION PROCESS

This RFQ is issued in accordance with Virginia Code § 2.2-4317 and the City of Harrisonburg’s Procedures for Prequalification of Bidders for Construction, adopted by Harrisonburg City Council resolution effective

January 1, 2022.

This solicitation is limited to General Contractors and constitutes the first phase of a two-step procurement process for the Project. Its purpose is to evaluate Applicants’ minimum qualifications, experience, and project-specific capabilities and to establish a list of General Contractors eligible to participate in the second phase of the procurement: an Invitation to Bid (ITB) for a single construction contract.

Only General Contractors successfully prequalified through this RFQ process will receive the forthcoming

ITB and be eligible to submit a bid. Bids submitted by entities that are not prequalified, or that have been denied prequalification, will not be considered.

Applicants shall provide sufficient information to demonstrate the qualifications and experience required by this RFQ. Application submissions which are incomplete or lack key information may be rejected by the City at its discretion. Once prequalified, an Applicant must maintain all qualifications, criteria, and requirements established in this RFQ throughout the prequalification period and through completion of the Project.

The City reserves the right to independently verify any information submitted in a Prequalification

Application, including prior experience, through references, public records, third parties, or other sources deemed appropriate. The City may also request clarifications or additional information during its evaluation of an Application.

2.0 BACKGROUND

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

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

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

The City Hall Complex is comprised of two distinct but interconnected buildings:

1. The Municipal Building (“City Hall North”)

2. 2015 City Hall (“City Hall South”)

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The Municipal Building originally was constructed to serve as a school for the City Schools. The oldest portion dates to 1879, with expansions in 1901 and 1908. The structure converted to City government use in the 1960s and continued until the opening of the connected City Hall in 2015.

The City Hall South building opened in 2015. City Hall South was designed by Mather Architects and constructed by Nielsen Builders. After it was intentionally designed with a connection via an atrium to the historic Municipal

Building to enable future opportunity for growth into a larger complex. City Hall South became the new home for municipal operations previously located in the Municipal Building. After this relocation, the Municipal

Building was stripped of all interior features, equipped with a modest HVAC system, and left as a stable open/core space. This setup allowed the area to be preserved while City staff determined its future use.

In 2023, due to the expansion of City operations within City Hall, the City conducted a space study with Mather

Architects to assess the current and projected space needs of City Hall departments over the next seven (7) years.

Based on this assessment, the City hired LDDBlueline Architects to design the renovation of the Municipal

Building and targeted renovations to City Hall.

3.0 DESCRIPTION OF WORK

3.1. ANTICIPATED PROJECT SCOPE

The scope of this project includes:

1. Restoration of the vacant historic old Municipal Building (built in three phases in 1879, 1901, and

1908) into office space for City departments while also modernizing the structure and ensuring compliance with the High-Performance Building Standard including attainment of the LEED Silver designation.

2. Targeted renovations of the basement, 1st, and 2nd floors of the 2015 City Hall structure to accommodate the expansion and re-organization of City departments within this structure.

3.2. APPLICANT’S QUALIFICATIONS & TEAM STRUCTURE

Qualifications should be as thorough and detailed as possible so the City may properly evaluate the firm’s capabilities to provide the required services. Qualified firms must be able to substantiate their experience, knowledge and ability to complete the work. The experience of subcontractors and other suppliers to the firm may not be used to meet project experience requirements.

All Qualification information supplied shall be the most current and up-to-date data that is available. If a firm experiences a substantial change in its financial condition, workload and/or relevant (Project Manager

/Superintendent) personnel after the submission of the Qualifications and prior to the completion of Step Two as described in Section 1.1 above, the firm shall notify the Purchasing Office of the change in writing at the time the change occurs. Failure to notify the Purchasing Office of any substantial change in financial condition or personnel may constitute grounds to rescind pre-qualification status.

3.2.1. Identify the Applicant’s legal structure (e.g., corporation, limited liability company, general partnership, joint venture, limited partnership, or other). Specify the individuals or entities who will assume financial responsibility for the Project and describe any applicable limitations of

City of Harrisonburg, VA - Renovation of the City Hall Complex RFQ (2027007-CM-B) Page 3 of 25 liability. If the Applicant is organized as a limited liability company, partnership, or joint venture, describe the bonding approach to be used and identify the members who will bear joint and several liability for the performance of the Work required for the Project. Regardless of organizational structure or any co-surety arrangement, the Applicant shall provide verification of bonding capacity per Section 5.0.

3.2.2. Provide a brief history of the Applicant’s firm, including the number of years the Applicant has operated as a general contractor under its current legal name. Identify any other business names previously used and the duration of their use.

3.2.3. Include a copy of the Applicant’s current organization chart, showing numbers of employees by title, down through the position of Project Field Superintendent.

3.2.4. A copy of certificate verifying that Applicant has a valid Commonwealth of Virginia Class A

Contractor’s License.

3.3. EXPERIENCE OF APPLICANT’S TEAM

3.3.1. Experience - To be prequalified, Applicants must demonstrate appropriate and relevant experience necessary to successfully complete the Project. Each Applicant shall provide detailed descriptions of three (3) comparable projects completed within fifteen (15) years of the issue date of this RFQ. These projects must have been performed for a local, state, Commonwealth, or federal government entity. These projects must demonstrate ALL of the following criteria (all do not have to be provided within one project):

• Historic renovations of a building constructed before 1945.

• The project included extensive interior renovation of historic building involving envelope mitigation, wood flooring and period woodwork refinishing.

• The project included extensive exterior renovation of historic building (total millwork, windows and doors replacement).

• Project was connected to an occupied building.

• The project was within an occupied building and required phased movement of occupants.

• The project was in an active location in a dense environment, requiring coordination and maintenance of access and pedestrian paths.

• The project attained LEED certification.

Contract descriptions shall be limited to three (3) double-sided pages and must include the following:

• A summary of the work performed

• Contract award date and completion dated

• Final contract cost

• Full name and address of the awarding organization

• Name, telephone number, and email address of the primary point of contact

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3.3.2. Personnel Qualification Requirements - The following minimum qualification requirements for the Project Manager, Superintendent, and Quality Control Manager will be reviewed as a part of the prequalification process. The City reserves the right to reject any proposed personnel who fail to meet these requirements. In such cases, the Applicant shall propose alternate individuals for the City’s review and approval during the prequalification process.

Applicants shall provide an organizational chart or staffing plan that illustrates the proposed project team’s chain of command. The chart must identify major functions to be performed and the reporting relationships for managing the Project.

3.3.3. Project Manager(s): Resumes must include a chronological list of relevant work experience and clearly identify education, certifications, and licenses. The Project Manager must have a minimum of ten (10) years’ experience managing commercial construction projects. Each resume shall describe at least three (3) completed projects similar in nature to the Project.

3.3.4. Superintendent(s)’s Resume(s): Resumes must include a chronological list of relevant work experience and clearly identify education, certifications, and licenses. The Superintendent must have a minimum of ten (10) years’ experience overseeing commercial construction projects.

Each resume shall describe at least three (3) completed projects similar in nature to the Project.

3.3.5. Quality Control Manager(s)’s Resume(s): Resumes must include a chronological list of relevant work experience and clearly identify education, certifications, and licenses. The

Quality Control Manager must have a minimum of five (5) years’ experience conducting quality control inspections on commercial construction projects. Each resume shall describe at least one (1) completed project similar in nature to the Project.

3.4. REQUIREMENT TO KEEP TEAM INTACT

The team proposed by Applicant, including but not limited to the Applicant’s organizational structure, Key

Personnel (Project Manager, Superintendent, and Quality Control Manager) and other individuals identified pursuant to Section 3.2 & 3.3 above, shall remain on the Applicant’s team for the duration of the procurement process and, if the Applicant is awarded the construction Contract, the duration of the construction Contract.

The Applicant shall not change or substitute any Key Personnel except due to voluntary or involuntary termination of employment, retirement, death, disability, incapacity, or as otherwise approved by the City.

Any proposed change of Key Personnel must be submitted in writing to the City’s Contract Administrator, who will determine whether to authorize a change. Unauthorized changes to the Applicant’s team at any time during the procurement process may result in the elimination of the Applicant from further consideration. Job duties and responsibilities of Key Personnel shall not be delegated to others for the duration of the Contract.

3.5. ANTICIPATED SCHEDULE

The City currently anticipates conducting this procurement in accordance with the following list of milestones.

This schedule is subject to revision and the City reserves the right to modify this schedule as it finds necessary.

Advertise RFQ Tuesday, October 13, 2026

Pre-Application Meeting Tuesday, October 27, 2026 at 3:00pm virtually

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Deadline to Submit Questions Wednesday, November 4 at 12:00pm (noon) local time

Prequalification Application Submission Due Date Friday, November 13 at 12:00pm (noon)

Anticipated Notification of Prequalification Monday, November 23, 2026

Anticipated ITB Release Date TBD- Plans are currently in permit review

Construction Bids Due Date TBD- Plans are currently in permit review

Anticipated Construction Contract Award Date TBD- Plans are currently in permit review

Final Project Completion Approximately Two years from Contract Award

Date

4.0 PRE-APPLICATION MEETING (VIRTUAL)

A pre-application meeting will be held via video conference on the date and time identified on the cover page of this RFQ. The purpose of this meeting is to provide Applicants with an overview of the City’s objectives for the prequalification phase of this Project and the anticipated scope of the subsequent ITB. The session will cover submission requirements, evaluation criteria, and key project considerations. Attendance is strongly encouraged to ensure a clear understanding of the City’s expectations and the process for becoming prequalified to participate in the forthcoming ITB.

Questions will not be accepted during the meeting. Applicants may submit questions before or after the meeting in accordance with Section 9.0 below. To facilitate an efficient meeting and allow questions to be addressed thoroughly, contractors are encouraged to submit questions in advance. A list of attendees, meeting notes and questions and answers (if applicable) will be generated from the meeting and posted as an addendum on the eVA website at https://eva.virginia.gov/.

The video conference will be held through a Microsoft TEAMS Platform. A phone-in option will also be available. Applicants interested in attending the conference must pre-register by completing the following link:

https://arcg.is/8qCjj0. Applicants interested in registering should provide their name, email address and company name. Pre-registration for the pre-application meeting must be submitted no later than 24-hours prior to the

Meeting date/time. All registrants will receive a link in their email to access the meeting 24-hours prior to the

Meeting date/time.

5.0 PREQUALIFICATION SUBMITTAL REQUIREMENTS

This section describes specific information that must be included in the Prequalification Application submission.

The submittal shall provide information necessary for the City of Harrisonburg to evaluate the qualifications, experience, and expertise of the Applicant to provide the services. Failure of any Applicant to submit its

Prequalification Application in accordance with this RFQ may result in rejection of its Application.

Applicants shall submit all items listed below, in the order presented. Failure to provide any of the required information may result in the Application being deemed non-responsive and/or non-responsible and therefore rejected. The Applicant shall not submit more than one Prequalification Application for this Project.

Each Application must contain the following elements, completed where required, and organized as follows:

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SECTION 1 • Cover Sheet (first page of this RFQ)

• Table of Contents – all pages are to be numbered

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

• Identify the name, title, address, phone and fax numbers, and e-mail address of an individual who will serve as the Point of Contact for the Applicant.

• Identify the Applicant’s legal structure per Section 3.2.1

SECTION 2 EXPERIENCE & QUALIFICATIONS

• Attachment E. References List

• Provide a brief history of the Applicant’s firm per Section 3.2.2

• Applicant’s current organization chart per Section 3.2.3

• Copy of Virginia Class A Contractor’s License per Section 3.2.4

• Experience information per Section 3.3.1

• Personnel qualification requirements per Section 3.3.2

• Project Manager information per Section 3.3.3

• Superintendent information per Section 3.3.4

• Quality Control Manager information per Section 3.3.5

SECTION 3 FINANCIAL

• Copy of the latest Dun & Bradstreet Report for your company

• Verification of bonding capacity – letter from a surety or insurance company confirming the

Applicant’s bonding capability. The surety must be authorized and licensed to do business in the Commonwealth of Virginia and possess a Best’s Financial Strength Rating of A or better, with a Financial Size Category of VII or higher, as rated by A.M. Best Co. The letter must state that the Applicant is capable of obtaining one hundred percent (100%) Performance and Payment

Bonds based on the current estimated contract value for Construction Services (approximately

$22,000,000). These bonds must cover the full duration of the contract and any applicable warranty periods. The letter shall clearly indicate the rating categorization and reference the estimated contract value

• Applicants shall submit a copy of their current Certificate of Insurance with their

Prequalification Application. The certificate must reflect the Applicant’s current level of coverage and may be a file copy. It does not need to include “additional insured” language for the City at this stage.

SECTION 4 REQUIRED FORMS

• Attachment B. Proprietary/Confidential Information Identification Form

• Attachment C. State Corporation Commission (SCC) Form

• Attachment D. Non-Collusion Affidavit

• Attachment F. Prequalification Application Submission Form

SECTION 5 ADDENDA, signed (if any)

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

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

6.1 SPECIAL TERMS & CONDITIONS

6.1.1. All Prequalification Applications submitted shall be valid through the completion of the construction contract.

A Prequalification Application may be withdrawn upon written request from the Applicant, submitted to the address specified in the solicitation, provided the request is received prior to the time of acceptance. Negligence on the part of the Applicant in preparing the

Prequalification Application shall not confer the right of withdrawal after the time fixed for the acceptance of the applications.

6.1.2. Additional Qualifications

The City reserves the right to impose additional minimum qualifications beyond those stated in this RFQ, which will be specified in the Invitation for Bid for the construction of the Project.

The Contract Documents for this Project will include minimum qualification requirements for assigned staff, as outlined herein. Applicants will be required to submit evidence of compliance with these requirements as part of the pre-construction meeting submittals.

7.0 INSURANCE REQUIREMENTS

Offerors shall have the ability to obtain appropriate insurance coverage and bonding capacity for the project to include, but not be limited to general liability insurance, automobile liability insurance, workers compensation insurance, builder’s risk insurance, and performance and payment bonds.

8.0 INSTRUCTIONS TO OFFERORS

All Prequalification Applications for this RFQ shall be submitted through the eVA platform

(https://eva.virginia.gov/). Faxed, emailed and hard copies of Prequalification Applications will not be accepted.

Prequalification Applications shall be received by the Purchasing Office no later than the date and time listed on the Cover Page of this RFQ. Any Prequalification Applications received after this date and time will not be accepted.

To submit a Prequalification Application 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 Prequalification Application response, 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 Prequalification Application document(s). The Offeror has the sole responsibility to have the Prequalification Application submitted on or before the above address and by the above stated time and date.

City of Harrisonburg, VA - Renovation of the City Hall Complex RFQ (2027007-CM-B) Page 8 of 25 https://eva.virginia.gov/register-now.html

All expenses for making Prequalification Application 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 Prequalification Application in addition to the unredacted copy. All documents contained within the

Prequalification Application submission shall be completed in their entirety and signed and dated where required.

Prequalification Applications will not be publicly opened.

All materials submitted by Applicants shall become the property of the City and will not be returned. By submitting an Application, the Applicant authorizes the City to verify the accuracy of the information provided and to contact any individuals or entities referenced therein.

9.0 QUESTIONS

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

City of Harrisonburg, by email (Questions@harrisonburgva.gov). Oral questions outside of scheduled RFQ meetings 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 RFQ. 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 submission.

10.0 SUBMITTAL EVALUATION

10.1. EVALUATION PROCESS

At the designated time and date, Purchasing Office staff will open the Prequalification Applications for evaluation. This is not a public opening. Applications that are responsive will be forwarded to the Evaluation

Committee. Submissions that do not conform to the requirements may be considered non-responsive and shall not be considered any further. Failure to comply with applicable legal requirements in Virginia, whether federal or state, regarding Applicant’s organizational structure, required registrations with government agencies or entities, and any required licensure (business, individual, or professional) may, at the sole and reasonable discretion of the City, render the Application non-responsive.

The Evaluation Committee will evaluate Applications using the criteria set forth in Section 10.2 and any other relevant information. An unsatisfactory rating in any one (1) category above may be considered sufficient cause to deny prequalification to an Applicant. As part of the evaluation process, the City may request written clarifications or additional information; conduct interviews or discussions; submit written questions; and request updated Applications as necessary to determine which Applicants are fully qualified and suitable for the Project in accordance with the City’s Procedures for Prequalification of Bidders for Construction.

Project contacts and references listed in the Application may be contacted with the information supplied in the Application. Any reference indicating the firm failed to perform, was difficult to work with, made unreasonable claims, or staffed the project with poorly qualified personnel may be basis for denial of pre-qualification. References may be questioned about the following topics (but not limited to):

• Firm’s overall performance;

• Any problems that developed while performing;

• Firm’s organization;

• How well the firm cooperated;

City of Harrisonburg, VA - Renovation of the City Hall Complex RFQ (2027007-CM-B) Page 9 of 25 mailto:Questions@harrisonburgva.gov

• Problems with work passing inspections or acceptance tests;

• Adherence to the Contract Documents and the specified materials and equipment;

• Adherence to established schedule; and

• Quality and performance of firm’s personnel, subcontractors and/or its agents.

Each Applicant will be notified in writing of the results of the evaluation and the reasons for denial if applicable. A decision by the Purchasing Agent or his designee under this prequalification process shall be final and conclusive unless the contractor appeals the decision as provided in Code of Virginia §2.2-4357.

10.2. EVALUATION CRITERIA

In order to successfully qualify to submit, firms must demonstrate that they can comply fully with the requirements indicated herein. In addition, reference checks, firm qualifications, resources, availability and equipment required for this project will be evaluated.

The Applications will be evaluated based upon the following prequalification criteria:

10.2.1 Experience & Qualifications

o The applicant’s qualifications & team structure meets or exceeds the minimum thresholds as stated in Section 3.2 above.

o The applicant’s experience meets or exceeds the minimum thresholds as stated in Section

3.3 above.

o Equivalent or comparable experience may be considered at the City’s sole discretion. This experience shall be sufficiently similar so that the City may conclude that the firm and proposed Project Manager and Superintendent are familiar with and capable of handling the proposed project.

o

10.2.2 Financial

o The firm must have sufficient financial ability to perform the required services as described in this solicitation.

10.2.3 Judgments, Substantial Non-Compliance, Convictions & Debarment o The firm has been in substantial noncompliance with the terms and conditions of prior construction contracts with the City or other public body without good cause. If the City has not contracted with the firm in any prior construction contracts, the City may deny pre-qualification if the firm has been in substantial noncompliance with the terms and conditions of comparable construction contracts with another public body without good cause. If the City intends to deny pre-qualification based on substantial noncompliance, it shall obtain written documentation as required by law.

o Substantial non-compliance shall include:

▪ in the last three (3) years has received a final order for failure to abate or for a willful violation by the U.S. Occupational Safety and Health Administration

(OSHA) or by the Virginia Department of Labor and Industry or any other government agency; or

▪ has paid liquidated damages for failure to complete a project by the contracted date in the last five (5) years; or

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▪ has paid actual damages resulting from failure to complete a project by the contacted date in the last five (5) years; or

▪ has been terminated for cause on a contract in the last five (5) years; or

▪ has received more than two (2) cure notices on a single project in the past five (5) years; or

▪ has had repeated instances on a project of installation and workmanship deviations which exceed the tolerances in the standards referenced in the contract documents.

Documentation of such instances shall be the written reports and records of the owner's representatives on the project; or

▪ has finally completed a project more than ninety (90) days after achieving substantial completion in the last five (5) years, for reasons within the Applicant's control. Documented delay of delivery of material necessary to perform remaining work or seasonal conditions that bear on performing the work or operating specific equipment or building systems shall be considered in mitigation; or

▪ has been determined to be in Material Breach of a contract.

The Applicant shall provide information to the City relevant to the items contained in this Section in a timely manner. Failure to provide the information in a timely manner is cause for denial of prequalification.

The City reserves the right to cancel this solicitation at any time or reject any or all Prequalification

Applications 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 Prequalification Application.

If this prequalification process results in less than five (5) prequalified firms, the City reserves the right to cancel the prequalification process and issue an Invitation for Bid with minimum qualifications in lieu of applying the prequalification results or reissuing the prequalification solicitation. The City, at its sole discretion, will determine whether to proceed with the application of the prequalification process or not.

10.3. DENIAL OF PREQUALIFICATION

The City may deny prequalification to any Applicant only if it finds one or more of the following conditions, in accordance with Virginia Code § 2.2-4317 of the Virginia Public Procurement Act and the City’s

Procurement Policy Manual.

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ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR THE CITY OF

HARRISONBURG, VA (REV. 10-08-24)

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

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

Virginia Code sections take precedence.

DEFINITIONS

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

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

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

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

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

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

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

CITY or OWNER: City of Harrisonburg, Virginia.

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

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

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

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

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

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

Manager.

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

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

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

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

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

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

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

CONDITIONS OF BIDDING

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

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BID/PROPOSAL ACCEPTANCE PERIOD: Unless otherwise specified, all bids/proposals submitted shall be binding and may not be withdrawn for ninety (90) days following the bid/proposal opening date and time, unless extended by mutual consent of all parties.

If the bid/proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

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

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

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

City.

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

DISCRIMINATION PROHIBITED: Virginia Code § 2.2-4310 In the solicitation or awarding of a contract the City shall not discriminate against a bidder/offeror because of race; religion; color; sex; national origin; age; disability; status as a small, women-owned, minority-owned, or service disabled veteran-owned; employment services organization; or any other basis prohibited by state law relating to discrimination in employment. The City encourages the participation of these entities in public procurement activities.

Towards that end, the City encourages contractors to provide for the participation of these entities through partnerships, joint ventures, subcontracts, and other contractual opportunities.

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

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

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

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

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

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

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

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

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

MODIFICATION & WITHDRAWAL OF BIDS/PROPOSALS: Virginia Code § 2.2-4330

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

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

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

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

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

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

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

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

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

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

PUBLIC INSPECTION OF CERTAIN RECORDS: Virginia Code § 2.2-4342 Public inspection of all records is strictly governed by Virginia Code § 2.2-4342 and in accordance with the Virginia Freedom of Information Act (Virginia Code § 2.2-3700 et seq). Any inspection of procurement transactions shall be subject to reasonable restrictions to ensure the security and integrity of the records. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

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

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

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

UNIFORM STATE BUILDING CODE: Virginia Code § 2.2-4303 If the purchase is for construction, compliance with the Uniform

State Building Code will be required.

SPECIFICATIONS

CONDITION OF ITEMS: Unless otherwise specified in the solicitation, all items shall be new, latest edition/model in first class condition.

FORMAL SPECIFICATIONS: When a solicitation contains a specification which states no substitutes, no deviation therefrom will be permitted and the bidder will be required to furnish articles in conformity with that specification.

USE OF BRAND NAMES: Virginia Code § 2.2-4315 Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders/offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder/offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed

City of Harrisonburg, VA - Renovation of the City Hall Complex RFQ (2027007-CM-B) Page 14 of 25 http://www.harrisonburgva.gov/bids-proposals bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder/offeror clearly indicates in its bid/proposal that the product offered is an “equal” product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation. The

City reserves the right to determine the suitability of substituted items for those specified and to…