NOTICE OF IFB_2.20.24.docx

NOTICE OF

INVITATION FOR BIDS (IFB)

216-B3216-015

GENERAL: Sealed bids are invited for the construction of Sonner Hall HVAC Replacement, JAMES MADISON UNIVERSITY, Harrisonburg, VA

James Madison University, located in Harrisonburg, VA, is in need of a comprehensive upgrade to the mechanical systems at Sonner Hall. The primary goal of this project is the replacement of three existing mechanical rooftop units along with the associated distribution ducting, which are essential for the building's environmental control and ventilation. In addition to this, the return air ductwork serving the building plenums also requires replacement. Furthermore, the removal and replacement of existing ceilings will be undertaken as necessary to facilitate the integration of new equipment.

PRE BID: A pre-bid conference will be held at 481 Bluestone Dr (Sonner Hall), Harrisonburg, VA 22807, Room 2005 at 10:00 AM, on Friday, February 27, 2024. Attendance shall be mandatory for those submitting a bid. General Contractors who arrive late will not be permitted to sign the attendance sheet. Allow for adequate time to find a parking space. (The University will have temporary parking passes for attendees, after acquiring a space the contractor may request a pass from the University lead buyer)

SUBMITTAL: Sealed bids will be received at James Madison University, Procurement Services, Wine-Price Bldg., 752 Ott Street, Room 1023, Harrisonburg, VA 22807. The deadline for submitting bids is 2:00 P.M. sharp, as determined by the Bid Officer, on Thursday, February 29, 2024. The bids will be opened publicly and read aloud beginning at 2:00 P.M. on Friday, March 1, 2024, at the same location.

Procedures for submitting a bid, claiming an error, withdrawal of bids and other pertinent information are contained in the Instructions to Bidders (CO-7a), which is part of the Invitation for Bids. Withdrawal due to error in bid shall be permitted in accord with Section 9 of the Instructions to Bidders and § 2.2-4330, Code of Virginia. The Owner reserves right to reject any or all bids.

AWARD: The contract shall be awarded on a lump sum basis as follows: the Total Base Bid Amount including any properly submitted and received bid modifications plus such successive Additive Bid Items as the Owner in its discretion decides to award in the manner set forth in Paragraph 12 of the Instructions to Bidders. ‘Notice of Award’ or ‘Notice of Intent to Award’ will be posted on the bulletin board at James Madison University, Procurement Services, Wine-Price Bldg., 752 Ott Street (and on the eVA VBO website: http://www.eva.virginia.gov/index.htm) for a minimum of ten (10) days.

BOND: A Bid Bond is required (form DGS-30-090, CO-10.2). Responsive and responsible low bidder shall be capable of delivering Standard Labor and Material Payment Bond (DGS-30-088) and Standard Performance Bond (DGS-30-084) upon notice.

LICENSE: Contractor registration in accordance with Section 54.1-1103 of the Code of Virginia, is required. See the Invitation for Bids for additional qualification requirements.

eVA: The eVA Internet electronic procurement solution, website portal www.eVA.virginia.gov , streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected. Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014 and after, the Vendor Transaction Fee is:

(i) Department of Small Business and Supplier Diversity (DSBSD)-certified Small Businesses: 1%, capped at $500 per order.

(ii) Businesses that are not Department of Small Business and Supplier Diversity (DSBSD)-certified Small Businesses: 1%, capped at $1,500 per order.

For orders issued prior to July 1, 2014 the vendor transaction fees can be found at www.eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.

SWAM: The University is committed to exceed a target goal of 50% with businesses certified by DSBSD. For this specific project the University’s minimum required DSBSD certified business participation is 10%. A bidder’s DSBSD certified business procurement plan (as summarized and represented by the DSBSD certified business participation percentage entered on the bid form) must be entered on the bid form to be considered responsive. A bidder will be considered responsive if their percentage entry is greater than or equal to the minimum specified by the agency.

Each prime contractor who wins an award in which provision of a DSBSD certified business subcontracting plan is a condition of the award, shall deliver to the contracting agency or institution with final request for payment, evidence of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the DSBSD certified business subcontracting plan. This information shall be submitted to: swamreporting@jmu.edu (Subject: SWAM Subcontracting Compliance.) When such business has been subcontracted to these firms and upon completion of the contract, the contractor agrees to furnish the purchasing office at a minimum the following information: name of firm with the DSBSD certification number or FEIN number, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product or service provided. Payment(s) may be withheld until compliance with the plan is received and confirmed by the agency or institution. The agency or institution reserves the right to pursue other appropriate remedies to include, but not be limited to, termination for default. (SWaM Subcontractor Non-Capital Form768 will be given to responsive and responsible low bidder)

STATEMENT OF NEEDS

A. SPECIFICATIONS:

1. Contractor is responsible for downloading general and technical specifications and bringing a copy to the mandatory pre-proposal meeting which are located at www.eva.virginia.gov (Solicitations and Awards/VBO).

2. These specifications are in a standard format to show the type of material and quality of work required by JMU. Parts of these specifications may not apply to this project. Contractor shall adhere to all applicable sections, subsections, and attachments.

B. DRAWINGS:

1. Contractor and their sub-contractors are responsible for downloading the drawings and bringing a copy to the mandatory pre-proposal meeting which are located at www.eva.virginia.gov (Solicitations and Awards/VBO).

2. Drawings that have been revised following the mandatory pre-proposal meeting will be posted by issuing an addendum and it is the contractor’s and sub-contractor’s responsibility to have the corrected drawings printed for their use.

C. GENERAL REQUIREMENTS:

1. Contractor shall provide all labor, materials, equipment, disposal, supervision and documentation necessary to replace the existing HVAC system at Sonner Hall. Work shall include, but is not limited to, replacement of all supply and return ductwork, sixty-three (63) new VAV units, three (3) new roof-top units. All work shall be done in accordance to these specifications and drawings and at the direction of the project manager.

2. Construction shall begin April 8, 2024 and be completed by no later than August 8, 2024.

3. Contractor is responsible for providing 6’ chain-link fencing (with screening) at laydown area in ‘P Lot’ across from the building. Fencing shall include a double gate, locked with owner provided lock. It is the contractor’s responsibility for maintenance and upkeep of all site fencing during the project.

4. Contractor shall be responsible for the demolition and replacement of any ceilings required for access and replacement of the HVAC system.

5. Furniture shall be removed by JMU prior to the start of any demolition work.

6. Any ceiling mounted equipment/devices (fire alarm, wireless access points, etc.) needing to be removed prior to construction are to be coordinated and removed by JMU.

7. Vending machines shall remain during the extent of the project.

8. Two restrooms (1 male, 1 female) are to remain operational during the extent of the project. It is the contractor’s responsibility for basic maintenance and upkeep of the restrooms during the project.

9. It is the contractor’s responsibility to notify the JMU Project Manager of any discrepancies or deviations from the contract drawings.

10. Project Manager, Clark Driver, shall be the primary contact person for all issues regarding the contract after the contract has been awarded. Mr. Driver may be reached at 540-820-9713.

11. Contractor's hours of work shall be Monday through Friday 7:00am to 4:30pm except as noted above. Additional work hours may be granted at the sole discretion of the JMU project manager.

12. Contractor’s Personnel—Criminal Background Investigations: The University reserves the right to require that the Contractor and his/her employees successfully complete a criminal background check prior to the start of their services.

D. SPECIAL EQUIPMENT AND MATERIAL REQUIREMENTS

1. Contractor shall refer to drawings prepared by CMTA, Inc. titled, “Sonner Hall HVAC Replacement”, dated January 19, 2024 (Revision 1)

2. Contractor shall refer to Project Manual titled, “James Madison University Sonner Hall HVAC Replacement”, dated January 19, 2024 (Revision 1)

E. INTENT OF DRAWINGS AND SPECIFICATIONS

1. The drawings, when included, are diagrammatic intending to show general runs and locations of piping, wiring, equipment and specialties, and not necessarily showing all required offsets, etc. Carefully study the various items and make such adjustments in exact routing as may be necessary to fit into space available and to avoid conflicts with other trades. The drawings shall be accurately followed where they are definite and provided such procedure causes no objectionable conditions or does not conflict with other trades. If the drawings are not clear regarding location, arrangement, etc., of all piping and equipment, obtain additional information from project manager before proceeding.

2. These specifications are intended to complement the drawings. Any conflict between drawings and specifications shall be brought to the attention of the project manager. The contractor has the ultimate responsibility for ensuring safe, adequate, and proper installation of all equipment and materials as necessary to meet existing site conditions and compliance with the latest edition of the Virginia Uniform Statewide Building Code.

1. Product submittals or manufacturer's descriptive data shall be submitted to the project manager within ten (10) days of receipt of contract for approval of product, if product is proposed as specified.

2. When contractor chooses to substitute with an “or equivalent” product, product submittal shall accompany the sealed proposal so that the product can be evaluated prior to awarding of contract.

3. All equipment/material shall conform to the latest issue of all applicable standards as established by National Electrical Manufacturer's Association (NEMA), American National Standards Institute (ANSI), and Occupational Safety & Health Administration (OSHA). All equipment and material, for which there are OSHA standards, shall bear an appropriate label of approval for use intended from a Nationally Recognized Testing Laboratory (NRTL).

4. The project manager reserves the right to request additional information. Provide sufficient copies so that two (2) copies can be retained by the project manager. Submittals shall include, but not be limited to, the items of equipment listed below:

a. Doors/frames

b. Windows

c. Access doors

d. Acoustical ceiling systems

e. Flooring systems to include floor coverings

f. Cabinetry and countertops

g. Mechanical equipment; e.g., air handling units, condensers, air compressors, fans, controls, instrumentation, gauges, insulation and other equipment related to the heating, ventilating and air conditioning trade

h. Plumbing equipment; e.g., bath fixtures, water heaters, pumps, valves, controls and other equipment related to the plumbing trade

i. Electrical equipment; e.g., transformers, panel boards, switch boards, disconnects, starters/contactors, lighting fixture switches, receptacles and other equipment related to the electrical trade

j. Fire alarm system equipment

k. Paints and associated products, such as caulk, thinners, etc.

5. The project manager will notify the contractor if any submittal is rejected or requires modification.

G. ADDITIONAL REQUIREMENTS

1. Workmanship

a. All work shall be completed in a neat, professional and skilled craftsman-like fashion to applicable the highest industry standards. Quality of all work shall be no less than that required of a master level craftsman. All substandard work will be corrected by contractor at no cost to JMU.

2. ADA Accessibility

a. All work related to handicapped accessibility will be in compliance with the current version of the American with Disabilities Act Accessibility Guideline and all other provisions required by the CPSM, the VUSBC or by JMU. It will be the contractor’s responsibility to conform to these standards regardless of omissions on drawings and/or specifications.

3. General Conditions

a. Contractor shall adhere to the current versions of OSHA regulations, the Virginia Uniform Statewide Building Code (VUSBC), the JMU Higher Education Capital Outlay Manual (JMU HECOM), Virginia environmental regulations and all other incorporated federal and state building codes. Contractor shall also adhere to the current JMU Design and Construction Guidelines (JMUDCG) for specific guidance on JMU requirements. The General Conditions of the Construction Contract (form CO-7), referred to as the “General Conditions;” in the event of conflicting terms the “General Conditions” take precedence over any supplemental conditions or other contractual requirements.

b. Contractor shall adhere to the approved construction drawings and specifications. Any deviation from these details shall be first addressed by the JMU Project Manager. Construction details recognized as impracticable, or in conflict with any known codes, shall be immediately brought to the attention of the JMU Project Manager.

c. General or primary contractor shall employ reputable sub-contractors, actively engaged in the appropriate trade. The sub-contractors shall have sufficient experience in the commercial construction practices required to complete the project satisfactorily. The general contractor shall not attempt any trade-specific portions of the project, such as mechanical, plumbing or electrical, without the use of qualified technicians under employment.

d. Mechanical and electrical contractors shall have at least one certified journeyman level technician on the job site at all times.

e. Project manager reserves the right to reject any sub-contractor that the general/primary contractor proposes to use for this project.

f. All accidents and emergencies shall be immediately reported to the Campus Police (540/5686911) and project manager.

g. Drawings and specifications covering this project shall be studied and arrangements made to avoid conflicts so that the entire system will be installed in the best interests of JMU.

h. All materials and equipment used in this project shall be new, free from defects and shall be installed in accordance with manufacturer's recommendations. Utilize existing fixtures, piping, etc., only where specifically noted on the drawings.

i. Work shall be carefully laid out in advance by arranging items such as chases, openings, and inserts, without any unnecessary cutting of the building. Any damage done to the existing building by the contractor's failure to provide necessary chases, openings and inserts in advance, shall be repaired and made good at the contractor's expense. Completed project shall be uniform in appearance and with no visible patching. No cutting of the existing building shall be done without the project manager’s written approval. Clean up any debris created during the cutting and patching operation.

j. Penetrations through the fire resistance rated walls, floors and other assemblies shall be repaired in accordance with the assembly’s fire rating and current NFPA standards. All partitions, walls and floors shall be considered as having a minimum of a one (1) hour fire rating.

k. Provide constant protection against rain, wind, cold or heat to prevent damage to existing facilities, new work, materials and equipment.

l. All contractors shall contact project manager and obtain written permission before beginning work.

4. Asbestos/Lead Paint (see Section 3 of the JMUDCG)

a. If the contractor should suspect other existing material involved in the work of containing asbestos, he/she shall immediately notify the project manager.

5. Hazardous or Restricted Materials

a. Collection and disposal shall be the responsibility of the contractor. Contractor shall comply with all VOSHA, EPA, DEQ and DOT regulations with regard to collection, classification, transport and disposal. Proper documentation shall be forwarded to the project manager prior to issue of final payment.

b. Fluorescent lamps, HID lamps, switches and thermostats containing mercury, or other suspect lamps and ballasts shall become the responsibility of the contractor. These items shall be disposed of in a safe and legal manner.

c. Refrigerant recovery: All EPA regulated refrigerants shall be properly recovered in accordance with latest EPA regulations. Recovery documentation shall be submitted to JMU Air Conditioning department.

6. Hot Work

a. If hot work is proposed in an area designated as requiring a hot work permit, then comply with all provisions of the attached JMU Hot Work Policy as well as all OSHA regulations.

7. Keys/Access Cards

a. Due to differing security policies within JMU, the contractor shall coordinate with the project manager for building access.

b. Project manager may obtain keys/cards for the contractor or direct contractor to the appropriate office when signatures are required for keys/cards. Contractor is responsible for not compromising building security. The contractor shall never loan or duplicate keys or cards.

c. Upon completion of project, contractor shall return keys/cards to project manager or individual department as required. If returned to individual department, contractor must notify project manager that all keys/cards have been returned.

d. All locks and related hardware removed from university buildings must be returned to the locksmith shop.

e. When return of keys/cards has been verified, final payment can be made.

8. Temporary Facilities

a. See section 4.2 of the JMUDCG for temporary utility hookup information. Note that ALL utility hookups shall be coordinated through the project manager.

b. Toilet facilities may be available for the contractor's use in the various areas of the buildings where construction is being performed. Toilet facilities shall be kept clean and in sanitary condition. When public toilets are unavailable, contractor shall provide and maintain portable toilets. The use of campus toilet facilities by contractors must be first approved by the project manager.

9. Parking

a. Parking in unauthorized spaces is prohibited. Parking to unload construction material must be approved by project manager. Under no circumstances is parking in fire lanes or handicap spaces allowed. Contractor has the responsibility to obtain parking passes from Parking Services Department, located at the parking deck, at Newman Lake.

10. Fire Protection

a. Contractor shall not use flammable liquids or gases, stoves, salamanders, tar pots, etc., in the building unless approved by JMU. Where welding, cutting, or burning are necessary, incombustible shields shall be used, suitable fire extinguishing equipment shall be maintained nearby. Paints, oils, turpentine and similar materials shall be stored in well-ventilated spaces and no other materials shall be stored therein. Contractor shall maintain access to JMU’s extinguishing equipment at all times.

b. All walls, partitions, ceilings and floors shall be considered to be a minimum of 1-hour fire rated. Penetrations are to be patched using materials that match existing conditions.

11. Site Clean-up

a. For the intent of this document “frequently” shall be defined as “daily”.

b. All demolition materials (including hazardous waste, if any) shall be disposed of in accordance with all applicable Federal, State and Local requirements.

c. JMU may provide recycling services. Recyclables shall be identified on a project-by-project basis. Contractor shall bring recyclable materials to a site near project. Site to be determined by project manager.

d. At the end of the project, the entire construction site shall be cleaned to JMU’s standards and be ready for occupancy by JMU prior to final payment.

12. Completion Procedure

a. When the work on the given project phase or for the entire project has been completed and is ready for final review, a site visit shall be made by the project manager. At this time, the requirements of the contract shall be demonstrated to indicate that they have been fully carried out, and the installation has been adjusted and operated in accordance therewith.

b. Contractor shall provide the project manager with an asbuilt, marked up copy of all drawings.

c. Contractor shall provide the project manager with a written certification that all materials and equipment installed under this contract are asbestosfree.

d. Contractor shall provide the project manager with a written guarantee or warranty for the entire work of this contract against defective materials, workmanship and performance for a period of one year from the date of acceptance of the installation. Contractor hereby agrees to furnish, without cost to the Commonwealth of Virginia, all transportation both ways for replacement of all parts and materials which are found to be defective during the guarantee period. The standard warranty of the manufacturer will be acceptable, provided it meets or exceeds these requirements.

e. In the event that contracted work is in multiple buildings, separate completion documents must be supplied for each building.

SPECIAL TERMS AND CONDITIONS:.

A. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to James Madison University will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that James Madison University has purchased or uses any of its products or services, and the contractor shall not include James Madison University in any client list in advertising and promotional materials.

B. EXCAVATION PERMIT: No digging, boring, or post driving is allowed on University property without obtaining a JMU Excavation Permit a minimum of five days prior to excavation. In addition, any work within a City of Harrisonburg right-of-way requires a Permit from the City Engineer's office. The Excavation Permit(s) shall be available for inspection at the job site during the entire excavation process. Failure to comply with these requirements will result in work shutdown, repair of damages by the Contractor, and may result in a fine, contract termination, and/or default. Information may be obtained by calling the JMU Utilities Locating Manager at (540)568-7127.

C. KEYS: If the Contractor is given keys for this project, it is the Contractor's responsibility to return the keys when the contract is terminated, as well as for the safekeeping of the keys during the contract period. The Contractor shall not loan or duplicate the keys. In the event the Contractor loses the keys, they will be charged for the replacement of the keys and any locks which are rekeyed or replaced.

D. OPERATING VEHICLES ON JAMES MADISON UNIVERSITY CAMPUS: Operating vehicles on sidewalks, plazas, and areas heavily used by pedestrians is prohibited. In the unlikely event a driver should find it necessary to drive on James Madison University sidewalks, plazas, and areas heavily used by pedestrians, the driver must yield to pedestrians. For a complete list of parking regulations, please go to www.jmu.edu/parking; or to acquire a service representative parking permit, contact Parking Services at 540.568.3300. The safety of our students, faculty and staff is of paramount importance to us. Accordingly, violators may be charged.

E. LIQUIDATED/ACTUAL DAMAGES, FURNISH AND INSTALL: Work shall begin after receipt of purchase order or contract and all work shall be completed no later than the agreed upon date. It is hereby understood and agreed by the bidder that time is of the essence in the delivery of supplies, services, materials, or equipment of the character and quality specified in the bid document. In the event these specified supplies, services, materials, or equipment are not delivered by the date specified, there may be deducted, not as a penalty but as liquidated and/or actual damages, the sum of $1,000 per day for each and every calendar day of delay beyond the time specified; except that if the delivery be delayed by any act, negligence, or default on the part of the Commonwealth, public enemy, war, embargo, fire, or explosion not caused by the negligence or intentional act of the contractor or his supplier(s), or by riot, sabotage, or labor trouble that results from a cause or causes entirely beyond the control or fault of the contractor or his supplier(s), a reasonable extension of time as the procuring public body deems appropriate may be granted. Upon receipt of a written request and justification for an extension from the contractor, the purchasing office may extend the time for performance of the contract or delivery of goods herein specified at the purchasing office’s sole discretion for good cause shown.

F. RETAINAGE: The Owner may withhold as retainage an amount not exceeding 5% of the contract dollar value. Retainage will be released upon project completion and all documentation/invoicing (as-built drawings, owner training, warranties etc.) has been submitted to the owner.

G. PERFORMANCE AND PAYMENT BONDS: The University reserves the right in its own discretion to require performance and payment bonds prior to execution of the Contract. The successful offeror shall be prepared to deliver executed Commonwealth of Virginia Standard Performance and Labor and Material Payment Bonds if so requested each in the sum of the contract amount, with the Commonwealth of Virginia, James Madison University as obligee. The surety shall be a company or companies approved by the State Corporation Commission to transact surety business in the Commonwealth of Virginia. No payment shall be due and payable to the contractor, even if the contract has been performed in whole or in part, until the bonds have been delivered to and approved by the purchasing office. Standard bond forms will be provided by the purchasing office if the University does so request a performance and payment bond.

Determination of the requirement to submit performance and payment bonds will be made by the University in its sole discretion based on the following:

· Complexity of the project

· Timeline of the project

· Evaluation of contractor’s references provided

· Past history of work performance at the University

All offerors shall be prepared to provide said bonds upon request. If requested, cost to obtain these bonds will then be added to contractor’s base price.

METHOD OF PAYMENT:

Monthly progress payments may be made based on a proper invoice being submitted to JMU detailing the goods received and/or serviced performed. The purchase order or contract number shall be included on all invoices and mailed to:

James Madison University Lori Butler, Accounting Manager Facilities Management, MSC 7002 Harrisonburg, Virginia 22807

The contractor will be paid based on invoices submitted in accordance with the solicitation and any negotiations. James Madison University recognizes the importance of expediting the payment process for our vendors and suppliers; we request that our vendors and suppliers enroll in our bank’s Comprehensive Payable options: either the Virtual Payables Virtual Card or the PayMode-X electronic deposit (ACH) to your bank account so that future payments are made electronically. Contractors signed up for the Virtual Payables process will receive the benefit of being paid Net 15. Additional information is available online at:http://www.jmu.edu/financeoffice/accounting-operations-disbursements/cash-investments/vendor-payment-methods.shtml

ATTACHED DOCUMENTS:

· CO-7a Instructions to Bidders (Attached)

· CO-7

· JMU Construction Guidelines (dated 11/1/2023, as amended)

· Project Manual – (dated January 19, 2024) (Attached)

· Project Drawings – (dated January 19, 2024) (Attached)

· Standard Bid Form (Attached)

ACCESS TO DOCUMENTS

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