CITY OF HARRISONBURG DEPARTMENT OF FINANCE AND … · 10-01-2018 · Contractor shall furnish all labor, equipment and materials to perform the work as described in this ITB. All

CITY OF HARRISONBURG

DEPARTMENT OF FINANCE

AND PURCHASING

409 SOUTH MAIN STREET,

THIRD FLOOR

HARRISONBURG, VA 22801

INVITATION TO BID (ITB) COVER PAGE

ISSUE DATE: January 10, 2018

INVITATION TO BID NUMBER: 2018009-PR-B

FOR:

Pool Resurfacing at Westover Swimming Pool Complex

DEPARTMENT: Parks & Recreation

DATE/TIME OF CLOSING:

February 15, 2018 at 3:00pm local time CONTRACT ADMINISTRATOR:

Ms. Luciana Santangelo, Director of Parks & Recreation

DATE/TIME LAST DAY FOR

QUESTIONS:

February 8, 2018 at 12:00pm (noon) local time

DATE/TIME PRE-BID MEETING:

February 1, 2018 at 11:00am local time 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 by the City of Harrisonburg Purchasing Office, 409 South Main Street, Third Floor, Harrisonburg, Virginia 22801 until the date/ time specified above for furnishing items or services delivered or furnished to specified destinations within the time specified or stipulated by the vendor(s). The City does not discriminate against small and minority businesses or faith-based organizations.

VENDOR INFORMATION

Name of Vendor:_____________________________________ Telephone #:_________________________________________

Address: ___________________________________________ Federal Employer Identification #:__________________________

__________________________________________________ State Corporation Commission #:__________________________

Contact Name: ______________________________________ Contact Email Address:__________________________________

By signing this bid, Vendor(s) certifies, acknowledges, understands and agrees to be bound by the conditions set forth in

this ITB.

_______________________________________________________

________________________________________________________

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:

City of Harrisonburg Website eVA Website Bid Room (Please List) ___________________________________

The Daily News Record Newspaper Notified by City Directly Other (Please List) ________________________________________

*This document must be completed & returned with bid submission.

Table of Contents 1.0 INTRODUCTION ...................................................................................................................................................... 3

2.0 BACKGROUND ........................................................................................................................................................ 3

3.0 SPECIFICATIONS ..................................................................................................................................................... 4

3.1 BACKGROUND OF WESTOVER POOL ............................................................................................................ 4

3.2 POOL DRAWINGS ................................................................................................................................................ 4

3.3 RESURFACING SPECIFICATIONS & PROCEDURES ..................................................................................... 4

3.4 START-UP & WATER BALANCING .................................................................................................................. 7

3.5 BID SECURITY ..................................................................................................................................................... 7

3.6 “SUBSTITUTES” / “OR EQUALS” ...................................................................................................................... 7

3.7 SUBMITTALS ....................................................................................................................................................... 7

3.8 CONTRACTOR REGISTRATION........................................................................................................................ 8

3.9 PERFORMANCE & PAYMENT BONDS ............................................................................................................ 8

3.10 BID ALTERNATES ............................................................................................................................................... 8

4.0 MANDATORY PRE-BID MEETING ..................................................................................................................... 10

5.0 GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA (JAN. 2016) ..................... 10

6.0 INSURANCE REQUIREMENTS ............................................................................................................................ 10

7.0 INSTRUCTIONS TO BIDDERS ............................................................................................................................. 10

8.0 QUESTIONS ............................................................................................................................................................ 11

9.0 AWARD OF CONTRACT ....................................................................................................................................... 11

9.1 ORDER OF PRECEDENCE ................................................................................................................................ 11

10.0 CONTRACT TERM & ANTICIPATED PROJECT SCHEDULE .......................................................................... 12

11.0 PAYMENT TERMS ................................................................................................................................................. 12

12.0 WARRANTY ........................................................................................................................................................... 12

ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA (JAN. 2016) ……………………………………………………………………………………………………...13

ATTACHMENT B. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION FORM ......................... 21

ATTACHMENT C. STATE CORPORATION COMMISSION (SCC) FORM ................................................................. 22

ATTACHMENT D. NON-COLLUSION AFFIDAVIT ...................................................................................................... 23

ATTACHMENT E. CITY OF HARRISONBURG SAMPLE STANDARD CONTRACT ITB ....................................... 24

ATTACHMENT F. REFERENCES LIST .......................................................................................................................... 25

ATTACHMENT G. CONTRACTOR QUALIFICATIONS ............................................................................................... 26

ATTACHMENT H. NOTICE OF EXCEPTIONS .............................................................................................................. 27 ATTACHMENT I. INSURANCE REQUIREMENTS FORM .......................................................................................... 28

ATTACHMENT J. EXCEPTIONS TO SPECIFICATIONS FORM ................................................................................. 29

ATTACHMENT K. BID FORM ......................................................................................................................................... 30

ATTACHMENT L. BID SECURITY ................................................................................................................................. 32

City of Harrisonburg, VA - Pool Resurfacing at Westover Swimming Pool Complex ITB (2018009-PR-B) Page 1 of 66

ATTACHMENT M. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT PROVISIONS & DAVIS BACON WAGE RATES ......................................................................................................................................... 33 ATTACHMENT N. APPLICATION & CERTIFICATE FOR PAYMENT FORM .......................................................... 52 ATTACHMENT O. PROPOSED “OR EQUAL” AND/OR “SUBSTITUTE” MATERIAL ............................................. 54 ATTACHMENT P. BASIC POOL SPECIFICATIONS ..................................................................................................... 55 ATTACHMENT Q. ORIGINAL DRAWINGS .................................................................................................................. 56 ATTACHMENT R. WADING POOL RECONFIGURATION & RECONSTRUCTION DRAWINGS .......................... 57 ATTACHMENT S. SPLASH PAD DRAWINGS ............................................................................................................... 58 ATTACHMENT T. DIAMOND BRITE SPECIFICATIONS & INSTRUCTIONS .......................................................... 59 ATTACHMENT U. RACING LINE TILE PHOTOS ......................................................................................................... 64 ATTACHMENT V. AQUATIX SPECIFICATIONS FOR BID ALTERNATE ................................................................ 66


1.0 INTRODUCTION The purpose of this Invitation to Bid (ITB) by the City of Harrisonburg, Virginia (City) is to solicit sealed bids from interested companies (Bidder) to provide pool resurfacing at the City’s Westover Swimming Pool Complex. The City’s Westover Swimming Pool Complex consists of three (3) pools – an Olympic pool, diving pool and wading pool.

This project will be partially funded through the City’s Community Development Block Grant (CDBG) program.

All bids shall be accompanied by a 5% bid security. Bid bond must be in the form of a cashier’s check,

certified check or a bid bond issued by a surety.

2.0 BACKGROUND The City of Harrisonburg is an independent city located in the central Shenandoah Valley region of Virginia. The City of Harrisonburg manages a workforce of approximately 790 employees responsible for providing government services to our citizens. Each city department then has a role in how services are provided to the citizens.

The current Parks and Recreation Department is housed in the Cecil F. Gilkerson Community Center on South Dogwood Drive. The department’s current goals are to first, “enhance the quality of life for its citizens by providing a broad and comprehensive program of leisure time activities”, second, “is to contribute to the character of the City by developing and maintaining a system of parks, recreational facilities and open space areas. Forty-Six (46) full time employees and various part-time seasonal help staff the Parks and Recreation Department. The department is led by a director and assistant director. Separate managers are hired for various divisions and programs. The needs of the general community are represented by a Parks and Recreation commission that is composed of 8 members including one member representing the School Board and one member representing City Council. The Commission’s main objective is to communicate citizen’s needs and input into the long-range planning and improvement of the Parks and Recreation system. The primary initiative of the Department is to meet the goals established via the Comprehensive Recreation and Park Master Plan. These goals state:

1. Enhance and improve existing facilities through maintenance and renovations.

2. Increase effective use of existing facilities by aggressive scheduling and maintenance programs.

3. Expand and make accessible an interconnected trail, path and bikeway system to link parks to schools and other areas of the City.

4. Anticipate the needs of a changing, growing community and structure facilities accordingly.


3.0 SPECIFICATIONS The City is seeking a company to provide pool resurfacing at the City’s Westover Swimming Pool Complex located at 305 South Dogwood Drive, Harrisonburg, Virginia 22801. The City’s Westover Swimming Pool Complex consists of three (3) pools – an Olympic pool, diving pool and wading pool.

As a substitute to resurfacing the wading pool, the City will also be accepting submission of bid alternate pricing as noted below in Section 3.10.

3.1 BACKGROUND OF WESTOVER POOL

The Westover Swimming Pool opened for business in July 1970. The recommended schedule for resurfacing is every 10-15 years. The last resurfacing of Westover Swimming Pool occurred in 1997 – at least 5 years past the recommendation.

Time combined with chemicals and weather has caused the concrete and plaster surface on the inside of the pools to deteriorate. The damage has become more prominent the last several years necessitating repairs to sections scattered throughout. Even with these repairs, the tile and surfacing material on the interior of the pools continues to decay. These quick, temporary fixes do not address the long term, overdue need for resurfacing.

Westover Swimming Pool is a heavily used complex with a peak season from Memorial Day to Labor Day. The pool sees a tremendous amount of use by residents, local and high school swim teams, summer camps, and countless families. Westover Swimming Pool is one the few pools in the area that offers daily admission so closing due to disrepair and safety concerns would negatively impact the thousands of users. While maintenance has and continues to be completed to maintain operations, there will be an end point where we are no longer able to keep up with the continued wear and tear and maintain a safe swimming environment.

3.2 POOL DRAWINGS

A basic drawing of the Westover Pool facilities can be found in Attachment Q to this ITB. Note: This drawing is simply for Bidder’s quick reference and basic understanding of project site and layout and is not drawn to scale. These are original drawings from 1968.

3.3 RESURFACING SPECIFICATIONS & PROCEDURES

Contractor shall furnish all labor, equipment and materials to perform the work as described in this ITB. All removal and disposal of unusable material shall be included as part of the base bid cost submission. All removal and disposal shall be done according to local, State and Federal codes and laws.

All existing equipment, material, buildings, furniture and other items within the immediate vicinity of the pool area where the work is taking place shall be properly covered and protected during each stage of the process. These items are expected to be returned in the same condition as before the project work begins. The City will drain the pool prior to the work beginning. The Contractor will inspect the pool, and plumbing will be pressure tested to confirm it is in good repair.

3.3.1. EXPOSED AGGREGATE POOL FINISH

The Contractor shall purchase and utilize SGM Diamond Brite exposed aggregate pool finish for the resurfacing of all three (3) pools noted in the Base Bid. The contractor shall apply Diamond Brite surface


material as directed by the manufacturer’s instructions and specifications to the entire pool surface area(s). The Diamond Brite color shall be chosen by the owner from the sample colors that are included in the contractor’s bid package. Note: The City will NOT accept a “substitute” or “as-equal” for the Diamond Brite material. Specifications on the Diamond Brite Exposed Aggregate Pool Finish can be found in Attachment T.

3.3.2. TILE, MASONRY & FIXTURES

All existing tile (including lane tiles) and coping shall be removed from the main, diving and wading pools and the perimeters. All removed material shall be hauled off-site and disposed of accordingly.

a. PERIMETER/BELLY TILES: National Pool Tile 6” x 6” solid pool tile in Glossy Navy (M6766PG). Tile shall be installed around entire perimeter of the main, diving and wading pools. A row of bullnose tiles will be installed at the top edge of the gutter. An additional row of tile will be installed below the new coping stones above the gutter surface. New tile line will include standard depth marking tiles. The wading pool will receive a single row of the National Pool Tile 6” x 6” solid pool tile in Glossy Navy (M6766PG).

b. STEP TILES: National Pool Tile 2” x 2” Glazed Series Pool Tile in Cobalt (BX250) shall be used on the front edge of the steps.

There are two (2) sets of stairs in the Olympic pool. One of the sets of stairs is eight feet (8’) wide with a three foot (3’) middle section that is handicap accessible. The Olympic pool stairs have 250 6”x6” tiles and 200 2”x2” tiles. The diving pool has two (2) sets of stairs with 100 tiles total.

c. EXPANSION JOINT TILES: National Pool Tile 2” x 2” Glazed Series Pool Tile in Cobalt

(BX250) shall be used on each side of the expansion joints. Tile must be used on one side of the expansion joint at the 5’ break in the diving pool. W. R. Meadows White Deck-O-Seal #4702031 caulking shall be installed at the expansion joints to form a uniform ½” x ½” caulked joint.

There are two (2) expansion joints in the Olympic pool, one (1) expansion joint at the midline of the dive pool, and two (2) expansion joints in the wading pool.

d. RACING LANE TILES: New racing lanes and targets will be installed on the Olympic pool and the diving pool to match the existing configuration using six (6) rows of National Pool Tile 2” x 2” Glazed Series Pool Tile in Cobalt (BX250). Photos of the diving pool racing line tiles can be found in Attachment U.


e. COPING: Federal Stone DY Raised Safety Edge Precast Coping Stone in white will be installed around the Olympic, diving and wading pool perimeter. Caulking will be installed around the perimeter of each pool behind the coping stone. Link: http://federalstone.com/DY.html

f. ROPE ANCHORS: New rope anchors shall be installed using Hayward ABS Cycolac Anchors (SP1040) in the same configuration as original. Square measures 3-1/4 inch. Inside measurements 2-1/4 inch. A total of 55 rope anchors will be needed throughout both the Olympic pool and the diving pool – 20 for the diving pool & 35 for the Olympic pool.

g. DRAIN COVERS: A new 24” x 24” main drain cover and frame by Aquastar shall be provided and installed in the Olympic pool. Aquastar Anti-Entrapment Frame and Grate SKU 34-629 shall be used. Product consists of frame, four (4) 12″ x 12″ covers and mounting hardware. Requires a minimum 12″ sump depth. Open area: 352 square inches. Flow rate: 1,531 gpm (floor/wall) at 1.4 fps.

A new 18” x 18” main drain cover and frame by Aquastar shall be provided and installed in the diving pool. Aquastar 18 x 18 Frame and Grate SKU 34-637 shall be used. Product consists of frame, vented riser, four (4) 9″ x 9″ covers and mounting hardware. Open area: 160.8 square inches. Flow rate: 740 gpm (floor/wall) at 1.5 fps. All drain covers MUST be compliant with the Virginia Graeme Baker Pool and Spa

Safety Act (VGBA). Contractor shall provide to the City written documentation

verifying each drain cover is certified to be in compliance with the VGBA. Written

documentation shall be provided to the City prior to the drain covers being installed by

the Contractor.

h. HYDROSTATIC RELIEF VALVES: Hayward SP1056 Main Drain Hydrostatic Relief Valves are to be installed. One valve shall be used under each drain cover in each pool.

i. MORTAR: TEC Full Set Plus Mortar in Gray (TA-380) shall be used.

j. GROUT: TEC AccuColor Sanded Grout in Charcoal Gray (#929) shall be used.

k. THIN SET: TEC Full Set Plus Mortar in Gray (TA-380) shall be used.

l. CAULK: Caulking used shall be WR Meadows Deck-O-Seal Pour Grade in Gray (4701022).

3.3.3. POOL PUMP, FILTER, CHLORINATOR & FLOWMETER

The Contractor shall provide and install a new pump, pump housing, filter, chlorinator and flowmeter separating the wading pool from the Olympic pool filtration system. The new system can be connected to the City’s existing plumbing system but will be housed on the pool deck near the wading pool. Pump shall be a ¾ horsepower (HP) Pentair Whisperflo High Performance Pool Pump (Product 011771, Model


http://federalstone.com/DY.html

# WF-23). Filter shall be a Hayward Commercial Fiberglass Sand Filter, 36”, 2” Bulkhead (HCF362). Chlorinator shall be an Accutab 3012.

Pump housing must be permanent and weather-safe.

3.3.4. EVALUATION OF DIVING POOL LIGHTS

Contractor shall test and confirm the condition of all existing lights in the Diving Pool. No other pools have lighting within. Currently, all of the light niches in the diving pool have been abandoned and were covered over with renovations from about thirty (30) years ago. As part of the base bid, it shall be exposed and investigated by contractor to see what options can be given to add lighting back to the diving pool.

3.4 START-UP & WATER BALANCING

Upon completion of the work, the City will be responsible for refilling the pools with water. The Contractor shall be responsible for start-up and water balancing of all pools. The Contractor shall provide chemicals, labor and related materials to start-up and balance the water in all pools. The pools must be balanced (tested & recorded) within a PH range of 7.2 to 7.4 and total alkalinity to 100ppm. The Contractor will have four (4) consecutive calendar days to balance the pools and bring them up to an acceptable level. Once the pools are balanced and reach this range, the contractor will be required to maintain the balance for a minimum of seven (7) consecutive calendar days. The contractor shall brush the walls and floor of the pools as noted by the Diamond Brite instructions during this time period. The pool filters should be cleaned by the Contractor as needed. 3.5 BID SECURITY

All bids shall be accompanied by a 5% bid security. Bid bond must be in the form of a cashier’s check,

certified check or a bid bond issued by a surety.

Bid security in the amount of the Bidder’s full base bid amount listed on the Bid Form shall be provided with the bid submission. The successful bidder’s security will not be returned until he has signed the Contract and has furnished the required Certificates of Insurance. The City reserves the right to retain the security of all bidders until the successful bidder enters into the Contract or until 90 days after bid opening, whichever is sooner. Other bid security will be returned as soon as practicable. If any bidder refuses to enter into a Contract, the bid security may be forfeited.

3.6 “SUBSTITUTES” / “OR EQUALS”

The Bidder agrees to furnish and install, in accordance with the manufacturer’s installation instructions, all specifications and requirements of the ITB. The base bid is founded upon furnishing equipment and materials of specified manufacturers. Equipment or materials of other manufacturers are offered as “or equals” or “substitutes” are not part of the base Bid Form. Owner will determine after Contract Award which, but before Contract execution if any, “or equals” or “substitutes” that will be included in the Contract.

3.7 SUBMITTALS


The contractor shall submit color samples that are available with his/her bid package for the owner to choose from.

3.8 CONTRACTOR REGISTRATION

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. A Class A Contractor License is required for this project. A copy of the Contractor License must be submitted with bid submission.

3.9 PERFORMANCE & PAYMENT BONDS

Prior to signing the Contract, the Owner will require the successful bidder to secure and post a Labor and Materials Payment Bond and a Performance Bond, each in the amount of 100% of the Contract Sum. Such Bonds shall be issued by a Surety acceptable to the Owner.

3.10 BID ALTERNATES

Bid Alternates shall not be included in the Bidder’s Base Bid. A separate line on the Bid Form is provided for each Bid Alternate.

3.10.1. ALTERNATE #1: WADING POOL RECONFIGURATION & RECONSTRUCTION

The current wading pool is designed to be three (3) squares joined together by canals. Additional specifications for the current pool can be found in Attachment P. Laws have changed since the pool’s initial construction in 1970, and therefore the current wading pool configuration is not compliant with the Americans with Disabilities Act (ADA) with regards to accessibility for entry and exit. As part of this resurfacing project, the City will be reconfiguring the current wading pool to bring under ADA compliance. Drawings of the wading pool reconfiguration can be found in Attachment R.

Wading pool reconfiguration shall have one (1) ADA compliant beach entry as shown on the drawings, with no handrails required.

Additional features in the new reconfiguration will include: • Triple Arch Jet, • Water Dome • Contour Arch Bar

These features shall be Aquatix by Landscape Structures brand and provided and installed by the Contractor. Additional Aquatix specifications can be found in Attachment V.

A poured concrete wall to be 24” high and 8” wide. Existing surface to be cut and removed to allow concrete forming and 1/2 inch rebar reinforcement from existing pool deck to poured concrete wall.

The Contractor shall provide the construction documents for the reconfiguration and reconstruction of the wading pool, if selected.

Pump and filtration system must be upgraded to the appropriate size to accommodate the flow-rate for the additions.


Shading Pool Structures shall be included in this Alternate as follows: Contractor shall provide and install two (2) shading structures in the wading pool area as shown in the drawings. Shading structure shall be Wavecrest Cantilever Shade by Superior Recreational Products. Custom shade design shall be 20’L x 15’W x 10’ EH with two (2) 10’ columns on base plates. Two (2) beam assemblies at 15’L shall be included as well as two (2) 03.5” spreaders at 20’L. Frame color and fabric color to be determined after contract. Custom shade design shall have two (2) base plate covers.

3.10.2. ALTERNATE #2: SPLASH PAD CONSTRUCTION

This bid alternate is to be considered in lieu of the wading pool reconfiguration described above in section 3.7. Drawings of the splash pad can be found in Attachment S.

Features included in the Splash Pad Reconfiguration Alternate will include:

• Contour Arch Bar • Water Hoops • Bubbler • Jumping Jet Stream • Water Tent • Urbular III • Arch Jet Tunnel • Mega Upward Spray Ring • Triple Fun Tree • Tall Water Tent • Water Dump • HydroHelix

These features shall be Aquatix by Landscape Structures brand and provided and installed by the Contractor. Additional Aquatix specifications can be found in Attachment V.

Flooring shall be brushed concrete. Color to be determined after contract.

The Contractor shall provide the construction documents for the splash pad, if selected.

Pump and filtration system must be upgraded to the appropriate size to accommodate the flow-rate for the additions.

Shading Pool Structures shall be included in this Alternate as follows: Contractor shall provide and install two (2) shading structures in the wading pool area as shown in the drawings. Shading structure shall be Wavecrest Cantilever Shade by Superior Recreational Products. Custom shade design shall be 20’L x 15’W x 10’ EH with two (2) 10’ columns on base plates. Two (2) beam assemblies at 15’L shall be included as well as two (2) 03.5” spreaders at 20’L. Frame color and fabric color to be determined after contract. Custom shade design shall have two (2) base plate covers.

3.10.3. ALTERNATE #3: DECK LIGHTING UPDATE – PARTIAL


Contractor shall also furnish and install new lighting fixtures for the six (6), thirty foot (30’) aluminum light poles that exist around the diving pool. The current light fixtures are 42 years old and obsolete. Contractor to inspect current electrical wires to determine they are in good working order.

3.10.4. ALTERNATE #4: DECK LIGHTING UPDATE - FULL

Contractor shall furnish and install new lighting fixtures for the thirteen (13), thirty foot (30’) aluminum light poles that exist at the Westover pool complex (includes 6 diving pool deck lights). The current light fixtures are 42 years old and obsolete. Contractor to inspect current electrical wires to determine that they are in good working order.

4.0 MANDATORY PRE-BID MEETING A mandatory pre-bid meeting will be held on February 1, 2018 at 11:00am local time at the Community Activities Center, Classroom 1, located at 305 South Dogwood Drive, Harrisonburg, Virginia 22801. A representative from every interested Bidder intending to submit a bid to this ITB must be in attendance for the entire meeting. Any Bidder arriving late will not be able to participate. Site tours will be held as well as discussion of the schedule and further details on the Specifications to be discussed. A list of questions and answers will be generated from the meeting and posted as an addendum on the City’s website (www.harrisonburgva.gov/bids-proposals) and also on eVA (www.eva.virginia.gov).

5.0 GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA (JAN.

2016) Bidders shall review and take into consideration all aspects of the City’s General Terms and Conditions listed in Attachment A.

6.0 INSURANCE REQUIREMENTS Offerors shall complete and return with their proposal Attachment I. Insurance Requirements Form.

7.0 INSTRUCTIONS TO BIDDERS All bids must be in an opaque, sealed envelope or box and clearly marked: “Sealed Bid: Pool Resurfacing ITB

(ITB#: 2018009-PR-B)”. Bids shall clearly indicate the legal name, address and telephone number of the bidder (company, firm, partnership, or individual). All expenses for making bid to the City shall be borne by the bidder. Bidder shall clearly notate their contractor’s license number on the outside of the bid packaging. Bidders shall provide one (1) paper copy of the bid documents. Bid documents shall be mailed or hand-delivered to the Purchasing Office located at 409 South Main Street,

Third Floor, Harrisonburg, VA 22801. Office hours are Monday through Friday, 8:00am to 5:00pm, except City holidays (www.harrisonburgva.gov/city-holidays). Faxed or emailed bids will not be accepted. Bids shall be received by the Purchasing Office no later than February 15, 2018 at 3:00pm local time. Any bids received after this date and time will not be accepted. The City of Harrisonburg is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private couriers, or the inter-office mail system. The bidder has the sole responsibility to have the bid received by the Harrisonburg Purchasing Office at the above address and by the above stated time and date. Bids will be publicly opened and the names of bidders will be announced along with the bid amount.


http://www.harrisonburgva.gov/bids-proposals


http://www.eva.virginia.gov/

http://www.harrisonburgva.gov/city-holidays

All documents contained within the bid submission shall be completed in their entirety and signed and dated where required.

8.0 QUESTIONS Questions related to the ITB or requests for clarification may be directed to Ms. Pat Hilliard, Procurement Manager for the City of Harrisonburg, by email ([email protected]) or by fax (540-432-7779). Oral questions will not be permitted. All responses to inquiries will be in writing and will be posted as addenda on the City’s website at www.harrisonburgva.gov/bids-proposals and also on eVA at www.eva.virginia.gov. All questions must be received no later than February 8, 2018 at 12:00pm (noon), local time. 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 bid submission.

9.0 AWARD OF CONTRACT The contract will be awarded to the lowest responsive and responsible bidder meeting the applicable specifications. Award will be determined by order of precedence as stated below. 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. The City reserves the right to ask for additional information from the vendor to determine whether a company is responsible. The winning bidder shall submit a recent W-9 to the City Purchasing Office via email ([email protected]) or fax (540-432-7779) within fourteen (14) calendar days of contract award. If the bid from the lowest responsive, responsible bidder exceeds available funds, the City may negotiate with the apparent low bidder to obtain a contract price within available funds. Prices or changes shown on the outside of an envelope will not be considered in determination of low bid. 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 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. Where an installation or assembly is to be performed by a subcontractor, the bidder must name the subcontractor, and the City reserves the right to determine whether the named subcontractor is fit and capable to perform the required work.

9.1 ORDER OF PRECEDENCE

Below is the numbering used in the Bid Form (Attachment K). The same numbering will be used in the order of precedence for notice of award. Base Bid includes:

A = Resurfacing of Olympic Pool B = Resurfacing of Diving Pool C = Resurfacing of Wading Pool

Alternates include:

D = Wading Pool Reconfiguration & Reconstruction (Alt 1)


mailto:[email protected]

E = Splash Pad Construction (Alt 2) F = Deck Lighting Update – Partial (Alt 3) G = Deck Lighting Update – Full (Alt 4)

The City’s first priority is to resurface all pools. The Notice of Award will be issued to the lowest responsive and responsible bid, based on Base Bid (A + B + C) cost, except in the following instances. If budget allows, the priority of alternates selected for Notice of Award will be as follows. 1. If budget allows, the next priority is to award Splash Pad Construction (E) in lieu of Resurfacing Wading

Pool (C). Notice of Award will be made on cost of A + B + E.

2. If budget does not allow #1 above (Splash Pad), the next priority is to award Wading Pool Reconfiguration & Reconstruction (D) in lieu of Resurfacing Wading Pool (C). Notice of Award will be made on cost of A + B + D.

F & G shall not be used in determining Notice of Award, but may be considered for Change Orders during project construction if budget allows.

10.0 CONTRACT TERM & ANTICIPATED PROJECT SCHEDULE Contract term shall run through project completion. Due to other activities occurring on-site, the Contractor will not be able to start work until March 5, 2018. It is expected that the Contractor finish 95% of the work on or before May 23, 2018 so the pool can re-open for Memorial Day weekend. All work must be completed no later than June 15, 2018.

If this schedule is not attainable, a revised and recommended schedule shall be submitted with the Bidder’s

bid submission for the City’s review. The City reserves the right to accept or deny any alternate schedule(s)

submitted.

11.0 PAYMENT TERMS Contractor shall submit progress payments to the Contract Administrator for review and approval. Payment will only be issued for work that has been completed during the timeframe listed on the Application for Payment. The City shall withhold 5% retainage from each progress payment.

The City’s Application and Certificate for Payment or a form identical/similar to this form shall be utilized for this project. A copy of this form can be found in Attachment N of this ITB. The form is available for the Contractor’s use in MS Excel format and can be provided after Contract.

12.0 WARRANTY All work performed shall include a twelve-month (12) month warranty. Warranty shall commence on the date the project is deemed to be 100% completed and accepted by the Contract Administrator. If the Contractor intends to provide the City an extension of this warranty period, it shall be noted in the Bidder’s bid submission.

Prior to the submittal for final payment, the Contractor shall provide the City a complete listing of all product warranties for products installed and utilized for this project. For SGM Diamond Brite Exposed Aggregate Pool Finish product contractor shall provide batch numbers used to City for warranty purposes. Warranty information will be submitted by the City to Diamond Brite.


ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA (JAN. 2016)

These General Terms & Conditions shall apply to all purchases and be a part of every contract awarded by the City of Harrisonburg unless otherwise specified in writing. Bidders/Offerors are expected to inform themselves fully as to the conditions, requirements and specifications before submitting bids/proposals. Procurement by the City is subject to the Virginia Public Procurement Act (VPPA) Title 2.2, Chapter 43 of the Code of Virginia and the provisions of The Purchasing and Contracting Policy Manual for the City of Harrisonburg and any revisions thereto. If an inconsistency exists between the VPPA and the Purchasing and Contracting Policy Manual for the City, the VPPA Virginia Code sections take precedence.

TABLE OF CONTENTS

DEFINITIONS CONDITIONS OF BIDDING

Bid Price Currency Bid/Proposal Acceptance Period Cancellation of Solicitations City Hall Closure Clarifications of Terms Conflict of Interest/Collusion Debarment Status Discrimination Prohibited Errors in Bids Ethics in Public Contracting Excusable Delay Licenses, Permits & Fees Mandatory Use of City Forms & T&C for ITB’s & RFP’s Modification & Withdrawal of Bids/Proposals Public Inspection of Certain Records Revisions to the Official ITB/RFP Taxes

AWARD Contract Award Negotiation with the Lowest Bidder Precedence of Terms Qualifications of Bidders/Offerors Selection Process/Award

CONTRACT PROVISIONS

Anti-Discrimination Antitrust Applicable Laws & Courts Assignment of Contract Changes to the Contract Contract Execution Contractual Disputes Cooperative Procurement Default Drug-Free Workplace Immigration Reform & Control Act of 1986 Indemnification Insurance Liability & Litigation Non-Discrimination of Contractors Payment Safety & OSHA Standards State Corporation Commission (SCC) ID Number Termination

SPECIFICATIONS

Condition of Items Formal Specifications Use of Brand Names

DELIVERY

Defects or Improprieties Testing & Inspection Transportation & Packaging

DEFINITIONS

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

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

BIDDER/OFFEROR: Any individual, company, firm, corporation, partnership or other organization who submits a response to an Invitation to Bid or a Request for Proposal and offering to enter into a contract with the City.

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

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

CONTRACTOR: The entity that has a direct contract with the City to furnish goods, services or construction for a certain price. CITY or OWNER: City of Harrisonburg, Virginia. DAY(S): Defined as calendar days unless otherwise specified as business days. INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid or Request

for Proposal which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.


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

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

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

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

REQUEST FOR PROPOSAL (RFP): A formal request for a proposal from prospective offerors which will indicate the general terms which are sought to be procured from the offeror and where negotiations are conducted to come to a final contract. The RFP will specify the evaluation criteria to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement.

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

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

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

SWAM: Small, Women, and Minority-owned businesses. SUBCONTRACTOR: A business entity that has a contract to supply labor or materials to the prime contractor to whom the

contract was awarded or to any subcontractor in the performance of the work provided for in such contract.

CONDITIONS OF BIDDING

BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/proposal prices in US dollars. BID/PROPOSAL ACCEPTANCE PERIOD: Unless otherwise specified, all bids/proposals submitted shall be binding and may not be withdrawn for sixty (60) days following the bid/proposal opening date and time, unless extended by mutual consent of all parties. If the bid/proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled. CANCELLATION OF SOLICITATIONS: 2.2-4319 An ITB, RFP or any other solicitation may be cancelled or rejected, but shall not be cancelled or rejected solely to avoid awarding a contract to a particular responsive and responsible bidder/offeror. The reasons for cancellation shall be made part of the contract file. CITY HALL CLOSURE: If City Hall is closed for business at the time scheduled for the bid opening, for whatever reasons, sealed bid/proposal will be accepted and opened on the next business day of the City, at the original scheduled hour.

CLARIFICATION of TERMS: If any prospective bidder/offeror has questions about the specifications or other solicitation documents, the prospective bidder/offeror should contact the person identified in the solicitation no later than five (5) business days before the due date. Any revisions to the solicitation will be made only by addendum issued by the City. CONFLICT OF INTEREST/COLLUSION: Contractor certifies by signing their bid/proposal submission to the City, that no conflict of interest or collusion exists between the Contractor and City that interferes with fair competition and no conflict of interest or collusion exists between Contractor and any other person or organization that constitutes a conflict of interest with respect to the contract with the City.

DEBARMENT STATUS: By signing their bid/proposal, the bidders/offerors certify that they are not currently debarred from submitting bids/proposals on contracts from any agency, public entity/locality or authority of the Commonwealth of Virginia. DISCRIMINATION PROHIBITED: 2.2-4310 In the solicitation or awarding of a contract the City shall not discriminate against a bidder/offeror because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. The City encourages the participation of SWAM and Veteran-Owned businesses (as defined in 2.2-4310(F) in public procurement activities. Towards that end, the City encourages contractors to provide for the participation of SWAM/Veteran-Owned businesses through partnerships, joint ventures, subcontracts, and other contractual opportunities.


ERRORS IN BIDS/PROPOSALS: When an error is made in extending total prices, the unit price will govern. Bidders/Offerors are cautioned to recheck their bids/proposals for possible errors prior to submission. ETHICS IN PUBLIC CONTRACTING: 2.2-4371 By submitting their bids/proposals, the bidders/offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value was exchanged. EXCUSABLE DELAY: The City shall not be in default of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond its reasonable control and without the fault of or negligence of the City. Such causes may include, but are not restricted to acts of God or the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the reasonable control and without the fault or negligence of the City. LICENSES, PERMITS and FEES: All proposals submitted shall have included in price the cost of any business or professional licenses, permits or fees required by the City of Harrisonburg or the Commonwealth of Virginia. At or prior to delivery of the signed contract, the bidder/offeror to whom the contract is awarded shall deliver to the City a copy of their City Business License (if applicable). The bidder/offeror shall ensure that the Business License indicates a basis amount equal to or greater than the awarded Contract value. For information on City Business Licenses contact the Harrisonburg Commissioner of the Revenue’s office at 540-432-7704. The bidder/offeror must have all necessary licenses to perform the services in the Commonwealth of Virginia and, if practicing as other than an individual, be authorized to do business in the Commonwealth of Virginia. MANDATORY USE of CITY FORMS AND TERMS and CONDITIONS for ITBs AND RFPs: Failure to submit a bid/proposal on the official City form(s) provided or in the format identified, for that purpose shall be a cause for rejection of the bid/proposal. Unauthorized modification of or additions to any portion of the ITB or RFP may be cause for rejection of the bid/proposal. The City reserves the right to decide, on a case by case basis, in it’s sole discretion, whether to reject any bid/ proposal which has been modified. As a precondition to its acceptance of an ITB response, the City may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document. MODIFICATION & WITHDRAWAL OF BIDS/PROPOSALS: 2.2-4330 1. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may

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

If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would

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

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

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

4. If a bid is withdrawn in accordance with this section, the lowest remaining bid shall be deemed to be the low bid. 5. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any

subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

6. The public body shall notify the bidder in writing within five business days of its decision regarding the bidder’s request to withdraw its bid. If the public body denies the withdrawal of a bid under the provisions of this section, it shall state in such notice the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder. At the same time that the notice is provided, the public body shall return all work papers and copies thereof that have been submitted by the bidder.

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


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

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

REVISIONS to the OFFICIAL ITB/RFP: No bidder/offeror shall modify, revise, edit or make any unauthorized change(s) to the original official ITB/RFP. The official solicitation document and the Addenda(um) are the documents posted on the City of Harrisonburg’s web site, www.harrisonburgva.gov/bids-proposals. Any such violation as stated above may result in rejection of the ITB/RFP response. In addition, violations may result in the debarment of the bidder/offeror by the City of Harrisonburg. TAXES: Sales to the City of Harrisonburg are normally exempt from State sales tax. Virginia Sales and Use Tax Certificate of Exemption, Form ST-12, will be issued upon request. The City may also be exempt from other taxes and fees.

AWARD

CONTRACT AWARD

For ITB: The award(s) made in response to an ITB will be made to the lowest responsive and responsible bidder(s) for each item, or group of items indicated in the bid. The City reserves the right to make the sole determination of whether the product and/or options offered meet the minimum specifications and is acceptable in accordance with the specifications. The City’s decision shall be final. The City reserves the right to make a separate award for each item, a group of items or all items, and to make awards either in whole or in part, whichever is deemed by the City to be in its best interest. Delivery time lines may be a factor in making an award. For RFP: The award(s) made in response to an RFP will be made to the highest qualified offeror whose proposal is determined to be the most advantageous to the City, taking into consideration the evaluation criteria set forth in the RFP. After negotiations, the offeror who has made the best proposal and provides the best value shall be awarded the contract. Professional services shall be procured and awarded by competitive negotiation as set forth in 2.2-4302.2 A 4. The City reserves the right to cancel a solicitation at any time and to reject any or all bids/proposals, in whole or in part, to waive any informality and to delete items prior to making the award(s), whenever it is deemed in the sole opinion of the City to be in its best interest.

NEGOTIATION WITH THE LOWEST BIDDER: 2.2-4318 Unless all bids are canceled or rejected, the City reserves the right to negotiate with the lowest responsive and responsible bidder to obtain a contract price within the funds available to the City whenever such low bid exceeds the City’s available funds for the project. The City shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and the City wishes to negotiate a lower contract price. The times, places and manner of negotiating shall be agreed to by the City and the lowest responsive, responsible bidder.

PRECEDENCE of TERMS: General Terms and Conditions shall apply in all instances with the exceptions for projects funded by the Federal Highway Administration (FHWA) and by the Federal Transportation Administration (FTA). In the event there is a conflict between the General Terms and Conditions and any Federal, Special, Standard, or Supplementary Terms and Conditions in this solicitation, the Federal, Special, Standard, or Supplementary Terms and Conditions shall apply. QUALIFICATIONS of BIDDERS/OFFERORS: The City may make such reasonable investigations as deemed proper and necessary to determine the responsibility and ability of the bidder/offeror to perform the services/furnish the goods and the bidder/offeror shall furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect bidder’s/offeror’s physical facilities prior to award to satisfy questions regarding the bidder’s/offeror’s capabilities. The City further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the City that such bidder/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein. SELECTION PROCESS/NOTICE OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Purchasing office will publicly post such notice and/or will notify all responsive bidders/offerors. The City posts all Notice of Awards on its website at www.harrisonburgva.gov/bids-proposals-award-notifications and also on eVA at www.eva.virginia.gov.

CONTRACT PROVISIONS



ANTI-DISCRIMINATION: 2.2-4311 By submitting their bids/proposals, bidders/offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act. In every contract over $10,000 the provisions below apply: 1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City under said contract. APPLICABLE LAWS and COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, excluding its conflict of laws provisions, and venue for litigation with any respect thereto shall be proper only in the Circuit Court of Rockingham County, Virginia. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

ASSIGNMENT of CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the City. CHANGES to the CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties by mutual agreement in writing, to modify the terms, conditions or scope of the contract subject to item 2. below. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

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

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

a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed

in units, and the contractor accounts for the number of units of work performed, subject to the City’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the City with all vouchers and records of expenses incurred and savings realized. The City shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the City within thirty (30) days from the date of receipt of the written order from the City. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause


of this contract or, if there is none, in accordance with the disputes provisions of the City of Harrisonburg Purchasing and Contracting Policy Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the City or with the performance of the contract generally.

CONTRACT EXECUTION: Per City Code (Sec 3-1-2, 3-1-1), the City Manager and the Deputy City Manager shall have authority to execute all contracts and agreements on behalf of the City except as otherwise directed by the Harrisonburg City Council in specific instances. CONTRACTUAL DISPUTES: Contractual claim procedures shall be as per Code of VA 2.2-4363.

COOPERATIVE PROCUREMENT: 2.2-4304 Except as prohibited by the current Code of Virginia 2.2-4304, all resultant contracts will be extended, with the authorization of the contractor, to other public bodies to permit their ordering of supplies and/or services at the prices and terms of the resulting contract. If any other public body decides to use the final contract, the Contractor must deal directly with that public body concerning the placement or orders, issuance of the purchase order, contractual disputes, invoicing and payment. The City acts only as the “Contracting Officer” for these public bodies. Any resulting contract with other public bodies shall be governed by the laws of that specific entity. It is the Contractor’s responsibility to notify the public bodies of the availability of the contract. The City shall not be held liable for any costs or damage incurred by another public body as a result of any award extended to that public body by the Contractor.

DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City, after due oral or written notice, may procure items of a comparable quality from other sources and hold the contractor responsible for any resulting additional costs above the contract price when purchases are made in the open market. This remedy shall be in addition to any other remedies, which the City may have.

DRUG-FREE WORKPLACE: 2.2-4312 During the performance of this contract, the contractor agrees to: (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. IMMIGRATION REFORM and CONTROL ACT OF 1986: 2.2-4311.1 By submitting their bids/proposals, bidders/offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the City, its officers, agents, volunteers, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.

INSURANCE: By signing and submitting a bid/proposal under this solicitation, the bidder/offeror certifies that if awarded the contract, it will have insurance coverages per the solicitation document at the time of contract execution. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder/offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

LIABILITY AND LITIGATION: The City shall not indemnify or hold harmless any contractor or other third party. The City does not waive any right or release any party from liability, whether on its own behalf or on behalf of any boards, employees or agents. The City does not waive the right to trial by jury for any cause of action arising from the contract and shall not submit any contract claim to binding arbitration or mediation. The City shall not be liable to contractor for any special, punitive or exemplary damages arising from the performance of the contract, including, but not limited to, incidental damages, and lost profit and lost wages, even if such special damages are reasonably foreseeable. Any provision(s) in the contract contrary to these statements is/are hereby deleted and rendered void.

NONDISCRIMINATION OF CONTRACTORS: 2.2-4343.1H A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based


organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

PAYMENT: 2.2-4352 – 2.2-4354

1. To Prime Contractor: Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. Any payment terms requiring payment in less than 45 days will be regarded as requiring payment 45 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 45 days, however. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. Individual contractors shall provide their social security numbers, and proprietors, partnerships, and corporations shall provide the City with a federal employer identification number, prior to receiving any payment from the City. The City requires an updated IRS Form W-9 be filed with the Purchasing Office at or before the contract is signed. Unreasonable Charges: Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the City shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve the City of its prompt payment obligations with respect to those charges which are not in dispute (2.2.4363).

2. To Subcontractors: A contractor awarded a contract under this solicitation is hereby obligated to pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the City for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or; Notify the City and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the City, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the City. Any such contract awarded shall further require the contractor to include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the City.

SAFETY and OSHA STANDARDS: All parties performing services for the City shall comply with all Occupational Safety and Health Administration (OSHA), State Occupational Health Standards, and any other applicable rules and regulations. All parties shall be held responsible for the training, supervision, and safety of their employees. Any unsafe acts or hazardous conditions that may cause injury or damage to any persons or property within and around the work site areas under this contract shall be remedied per the regulatory agency’s guidelines.

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.

TERMINATION: Subject to the provisions below, the contract may be terminated by the City upon thirty (30) days advance written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and perform on all outstanding orders issued prior to the effective date of cancellation. 1. Termination for Convenience: In the event that the contract is terminated upon request and for the convenience of the City,

without the required thirty (30) days advance notice, then the City shall be responsible for payment of services up to the termination date.

2. Termination for Cause: Termination by the City for cause, default or negligence on the part of the contractor shall be excluded from the foregoing provision; termination costs, if any shall not apply. However, the City may hold the contractor responsible for any resulting additional purchase and administrative costs. The thirty (30) day advance notice requirement is waived in the event of Termination for Cause.

3. Termination Due to Unavailability of Funds: Agreements are made subject to the appropriation of funds (including grant funds, gifts or donations) by the Harrisonburg City Council and are null and void in the event of non-appropriation by the City Council. Non-appropriation of funds shall not be deemed a cancellation and shall terminate this agreement without recourse and with no liability on the part of the City.

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: 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 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 accept in whole or in part any and all bids/proposals received.

DELIVERY

DEFECTS OR IMPROPRIETIES: In instances where there is a defect or impropriety in an invoice or in the goods or services received, the City shall notify the supplier of the defect or impropriety, if the defect or impropriety would prevent payment by the payment date. The notice shall be sent within (30) thirty days after receipt of the invoice or the goods or services.

TESTING AND INSPECTION: 2.2-4302.1 The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. Materials or components that have been rejected by the City, in accordance with the terms of the contract, shall be replaced by the Contractor at no cost to the City.

TRANSPORTATION AND PACKAGING: All materials shipped to the City must be shipped Free On Board (FOB) Destination unless otherwise stated in the contract. By submitting their bids/proposals, all bidders/offerors certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.


ATTACHMENT B. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION FORM

Name of Firm/Bidder:

Trade secrets or proprietary information submitted by a Bidder shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of §2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected, including the section of the bid in which it is contained, as well as the page number(s), and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute a trade secret or proprietary information. In addition, a summary of proprietary information provided shall be submitted on this form. The designation of an entire bid document, line item prices, and/or total bid prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the Bidder refuses to withdraw such a classification designation, the Bid will be rejected.

SECTION/TITLE PAGE NUMBER(S) REASON(S) FOR WITHHOLDING

FROM DISCLOSURE

Check this box if there are none. Note: If proprietary/confidential information is identified, Bidder is required to submit a redacted copy of their bid in addition to the required number of bid copies requested.



ATTACHMENT C. STATE CORPORATION COMMISSION (SCC) FORM

Virginia State Corporation Commission (“SCC”) registration information: The undersigned Bidder:

is a corporation or other business entity with the following SCC identification number: ____________ -OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-

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) -OR-

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.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the City reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: _______________________________________ Date: __________________

Name: _____________________________________

(Print)

Title: ______________________________________

Name of Firm: ______________________________



ATTACHMENT D. 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.

Signed________________________________________________

Title__________________________________________________

Firm Name ____________________________________________

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



ATTACHMENT E. CITY OF HARRISONBURG SAMPLE STANDARD CONTRACT ITB

This Contract entered into this ___ day of _____________ 20___, by _____________________________

hereinafter called the “Contractor” and the City of Harrisonburg, VA, called the “Owner”.

WITNESSETH that the Contractor and the Owner, in consideration of the mutual covenants, promises and

agreements herein contained, agree as follows:

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

Contract Documents.

PERIOD OF PERFORMANCE: From ___________________ through __________________.

The contract documents shall consist of:

(1) This signed form;

(2) The entire City of Harrisonburg’s Official Invitation to Bid (no revisions by the Contractor) dated: ___________

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

(3) The Contractor’s Bid response dated ____________________ and the negotiated modifications (if

applicable) to the Bid, all of which documents are incorporated herein.

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

thereby. CONTRACTOR: CITY OF HARRISONBURG (OWNER):

By: _____________________________________ By: ______________________________________

Title: _____________________________________ Title: ______________________________________

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


ATTACHMENT F. REFERENCES LIST Indicate below a listing of at least three (3) current or recent client references, either commercial

or governmental, that your company is servicing, has serviced, or has provided similar goods or services.

Reference #1

Company:______________________________ Contact Person:_________________________

Phone #:_______________________________ Email:________________________________

Project:________________________________ Dates of Service:________________________

Reference #2


Phone #:_______________________________ Email:________________________________


Reference #3


Phone #:_______________________________ Email:________________________________


Indicate below a listing of at least one (1) current or recent client/account that has terminated your company’s services within the last two (2) years. Account(s) are preferred to be government accounts of a similar size and nature. Terminated Reference (if applicable)


Phone #:_______________________________ Email:________________________________


COMPANY BACKGROUND (Attach additional sheets if necessary.)

Number of Years in Business:_________________________________________________________________

Overview of Work History, Experience & Background of Company: __________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________



ATTACHMENT G. CONTRACTOR QUALIFICATIONS

The Bidder shall state here what previous municipal type work he has performed similar to that contemplated in this contract, and give references that will afford the City of Harrisonburg an opportunity to judge experience and skill of proposed Contractor. The Contractor shall list five (5) projects of similar size and dollar value completed within the last ten (10) years where bidder was the General Contractor. Submittal of this information on other standard forms containing all the information noted below is acceptable. Failure to provide satisfactory evidence of experience may cause the Bid to be rejected.

Location Dollar Value

Estimated Completion Date

Owner/ Engineer

Phone No. Contact Person

Project Title

Current work under contract:

Location Dollar Value

Estimated Completion Date

Owner/ Engineer

Phone No. Contact Person

Project Title

* This form must be completed & returned with bid submission. *


ATTACHMENT H. NOTICE OF EXCEPTIONS

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.”

* This document must be completed & returned with proposal submission.


ATTACHMENT I. INSURANCE REQUIREMENTS FORM

By signing and submitting a bid or proposal the vendor certifies that if awarded the contract, they will have the following insurance coverages at the time the contract is awarded.

1.) The contractor will maintain a general liability policy with $1,000,000 combined single limits with a $2,000,000 aggregate. Coverage is to be on an occurrence basis with an insurer licensed to conduct business in the Commonwealth of Virginia. The insurer must have an A. M. Best rating of A- or better. The insurer must list the City of Harrisonburg as an additional insured. The endorsement must be

issued by the insurance company. A notation on the certificate of insurance is not sufficient. 2.) The contractor will maintain workers’ compensation coverage in compliance with the laws of the Commonwealth of Virginia. The coverage must have statutory limits and be with an insurer licensed to conduct business in the Commonwealth of Virginia. The insurer must have an A. M. Best rating of A- or better. As an alternative, it is acceptable for the contractor to be insured by a group self insurance association that is licensed by the Virginia Bureau of Insurance. The contractor will also carry employers liability insurance with a limit of at least $100,000 bodily injury by accident/$500,000 bodily injury by disease policy limit/$100,000 bodily injury by disease each employee. 3.) The contractor will maintain automobile liability insurance with limits of at least $1,000,000. The coverage is to be written with a symbol “1”. The insurer must be licensed to conduct business in the Commonwealth of Virginia. The insurer must have an A. M. Best rating of A- or better.

Please provide the City with two (2) documents upon request:

1.) Certificate of Insurance (COI) for the City of Harrisonburg, 409 South Main St, Harrisonburg,

VA 22801. COI must show the Additional Insured status. 2.) Additional Insured Endorsement issued by the insurance company to show the Additional

Insured addition was made to the policy.

BIDDER/OFFEROR STATEMENT We understand the Insurance Requirements of these specifications and will comply in full if awarded this

contract.

Signature: _______________________________________ Date: ____________________________________ Name:__________________________________________Title:______________________________________

(Print) Name of Firm: ______________________________

*This document must be completed & returned with bid submission.*


ATTACHMENT J. EXCEPTIONS TO SPECIFICATIONS FORM

Any bidder submitting a product with an exception to the specification(s) as written in the ITB shall clearly identify the exception and provide explanation below. No response below and/or non-submission of this form in the bid response shall be understood to mean “No Exceptions to Specifications.”

Specification Reference Explain the Exception

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

Check this box if there are none.



ATTACHMENT K. BID FORM

Bid of ________________________________________________________ (Hereinafter called “Bidder”), organized and existing under the laws of the State of Virginia as a business herein makes a proposal to the City of Harrisonburg as stated below: By submission of the BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. Bidder agrees to provide all labor, equipment and materials at the total price below.

BASE BID

A. Resurfacing of Olympic Pool Lump Sum

*_________________________________________Dollars ($_____________________) B. Resurfacing of Diving Pool (includes testing and confirming the condition of all existing lights in the

Diving Pool) Lump Sum

*_________________________________________Dollars ($_____________________)

C. Resurfacing of Wading Pool Lump Sum

*_________________________________________Dollars ($_____________________) TOTAL BASE BID (A + B + C) =

*_________________________________________Dollars ($_____________________)

ALTERNATES

D. Alternate #1 (3.10.1): Wading Pool Reconfiguration & Reconstruction (in lieu of Resurfacing Wading

Pool in Base Bid, C.) Lump Sum

*_________________________________________Dollars ($_____________________)


E. Alternate #2 (3.10.2): Splash Pad Construction (in lieu of Resurfacing Wading Pool in Base Bid, C.) Lump Sum

*_________________________________________Dollars ($_____________________) F. Alternate #3 (3.10.3): Deck Lighting Update - Partial Lump Sum

*_________________________________________Dollars ($_____________________)

G. Alternate #4 (3.10.4): Deck Lighting Update - Full Lump Sum

*_________________________________________Dollars ($_____________________)

By signing below, I affirm that all product(s) priced above meet or exceed the minimum specifications

required and specified within the ITB document.

_____________________________________________ _____________________________________________ Signature of Authorized Bidder Date

______________________________________ ______________________________________ Printed Name of Authorized Bidder Company Name

______________________________________ ______________________________________ Title Company Address



ATTACHMENT L. BID SECURITY

We are properly equipped to execute work of the character and extent indicated by the bidding

documents and so covered by this bid and will enter into agreement for the execution and completion of the

work in accordance with the drawings and project manual and this bid; and we further agree that if awarded

the contract, we will commence the work on the date stated in the "Notice to Proceed" document and prosecute

the work and all obligations by the specified completion dates.

Enclosed herewith is the following security, offered as evidence that the undersigned will enter into agreement

for the execution and completion of the work in accordance with the drawings and project manual.

Certified check or Cashier’s check for the sum of

$___________________________________________________

____________________________________________________ Name of Bank

Bidder’s Bond in the amount of

$__________________________________________________

____________________________________________________ Bond issued by

The undersigned further agrees that in case of failure on his part to execute the said agreement within the ten

consecutive calendar days after written notice being given on the award of the contract, the monies payable

by the security accompanying this bid shall be paid to the City of Harrisonburg, Virginia as bid bond shall be

forfeited for such failure, otherwise, the security accompanying this bid shall be returned to the undersigned.

This bid is subject to acceptance within a period of 30 days from this date.

Respectfully submitted,

____________________________________________________ Company Name

By__________________________________________________ Signature of Authorized

Printed Name ________________________________________

Date ________________________________________________



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CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension continuation renewal amendment or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature of Authorized Certifying Official Title

Applicant Organization Date Submitted

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

(1) The participant certifies by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Signature of Authorized Certifying Official Title

Applicant Organization Date Submitted

ATTACHMENT M. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT PROVISIONS


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COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

REQUIRED CONTRACT PROVISIONS

Contracts funded in whole or in part with CDBG funds shall contain at a minimum the following provisions, as appropriate and these provisions shall take precedence over the City Terms

and Conditions if a conflict exists.

CONTRACTS

1.Access and Maintenance of Records

The contractor must maintain all required records for five years after final payments are made and all other pending matters are closed.

At any time during normal business hours and as frequently as is deemed necessary, the contractor shall make available to the City of Harrisonburg, the General Accounting Office, and the Department of Housing and Urban Development, for their examination, all of its records pertaining to all matters covered by this contract and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this contract.

2. Civil Rights

The Contractor must comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (P.L. 88-352).

• Section 104(b) and Section 109 of Title I of the Housing and Community DevelopmentAct of 1974, as amended (42 U.S.C. 5309).

• The Age Discrimination Act of 1975, as amended (42 U.S.C. 1601 et seq.)

• Section 504 of the Rehabilitation Act of 1973, as amended (P.L. 93-112, 29 U.S.C. 794).

• Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213)

• Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.1701u).

• Title VIII of the Civil Rights Act of 1968, as amended.

• Federal Executive Order 11063, as amended by Executive Order 12259.


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• Federal Executive Order 11246, "Equal Employment Opportunity," as amended

3. Termination Clause

All contracts utilizing CDBG funds must contain a termination clause that specifies the following:

• Under what conditions the clause may be imposed.• The form the termination notice must take (e.g., certified letter).• The time frame required between the notice of termination and its effective date.• The method used to compute the final payment(s) to the contractor.

4. Certification regarding government-wide restriction on lobbying.

All contract utilizing CDBG funds must contain the following certification concerning restriction of lobbying and a certification must be completed (attached):

"The Recipient certifies, to the best of his or her knowledge and belief, that:

i. No Federal appropriated funds have been paid or will be paid, by or on behalf of theRecipient, to any person for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employee of Congress, or anemployee of a Member of Congress in connection with the awarding of any Federalcontract, the making of any Federal grant, the making of any Federal loan, the enteringinto of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract, grant, loan, or cooperative agreement.

ii. If any funds other than Federal appropriated funds have been paid or will be paid to anyperson for influencing or attempting to influence an officer or employee of any agency, aMember of Congress, an officer or employee, or an employee of a Member of congress inconnection with this Federal contract, grant, loan, or cooperative agreement, the Recipientshall complete and submit Standard Form-LLL, "Disclosure Form to Report FederalLobbying" in accordance with its instruction.

iii. The Recipient shall require that the language of this certification be included in the awarddocuments for all subawards at all tiers (including subcontracts, subgrants, and contractsunder grants, loans, and cooperative agreements) and that all subrecipients shall certifyand disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure."

5. Certification regarding Debarment and Suspension (E.O.s 12549 and 12689)

Contractors with awards that exceed the small purchase threshold shall provide the required certification (attached) regarding its exclusion status and that of its principal employees.


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No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.

6. Equal Employment

In addition to the preceding provisions, all contracts in excess of $10,000 must include the following language, pursuant to Federal Executive Orders 11246 and 11375:

"During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice-ship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of the Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(6) In the event of the contractor's non-compliance with the nondiscrimination clause of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.


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(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."

7. Rights to Inventions Made Under a Contract or Agreement

Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

8. Mandatory standards and policies relating to energy efficiency which are contained inthe state energy conservation plan issued I compliance with the Energy Policy and Conservation Act (Pub. L. 94-163,889 Stat.871)

CONTRACTS IN EXCESS OF $2,000

1. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)

All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").

The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.

2. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)

When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").

Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the


6

Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency.

In addition to other provisions, all construction contracts in excess of $2,000 must include the Federal Labor Standards Provisions (verbatim) as attached (form HUD-4010). (Housing rehabilitation contracts of less than 8 units are excluded from this requirement.)

3. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)

Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5).

Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

CONTRACTS IN EXCESS OF $100,000

In addition to the preceding provisions, contracts in excess of $100,000 shall require compliance with the following laws and regulations:

Section 306 of the Clean Air Acts (42 U.S.C. 1857(h)). Section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738.

EPA Regulations - 40 CFR, Part 15.

1. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.), as amended

The following clause is required in all third party contracts involving projects subject to the Clean Air Act (42 U.S.C. 1857 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and should also be mentioned in the bid document.

“During the performance of this contract, the CONTRACTOR agrees as follows:


7

(1) The CONTRACTOR will certify that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency pursuant to 40 CFR 15.20.

(2) The CONTRACTOR agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

(3) The CONTRACTOR agrees that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities.

(4) The CONTRACTOR agrees that it will include or cause to be included the criteria and requirements in Paragraph (1) through (4) of this section in every nonexempt subcontract and require every subcontractor to take such action as the Government may direct as a means of enforcing such provisions.”

PROJECTS OVER $200,000

1. Section 3

Section 3 applies to projects involving housing construction, housing rehabilitation or other public construction with a CDBG award of greater than $200,000, and the contracts and subcontracts are greater than $100,000.

All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause):

A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.


8

D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).”


form HUD-4010 (07/2003)ref. Handbook 1344.1

Previous edition is obsolete Page 1 of 4

Applicability

The Project or Program to which the construction work coveredby this contract pertains is being assisted by the United States ofAmerica and the following Federal Labor Standards Provisionsare included in this Contract pursuant to the provisions applicableto such Federal assistance.

A. 1. (i) Minimum Wages. All laborers and mechanics em-ployed or working upon the site of the work will be paid uncondi-tionally and not less often than once a week, and without subse-quent deduction or rebate on any account (except such payrolldeductions as are permitted by regulations issued by the Secre-tary of Labor under the Copeland Act (29 CFR Part 3), the fullamount of wages and bona fide fringe benefits (or cash equiva-lents thereof) due at time of payment computed at rates not lessthan those contained in the wage determination of the Secretaryof Labor which is attached hereto and made a part hereof, re-gardless of any contractual relationship which may be alleged toexist between the contractor and such laborers and mechanics.Contributions made or costs reasonably anticipated for bona fidefringe benefits under Section l(b)(2) of the Davis-Bacon Act onbehalf of laborers or mechanics are considered wages paid tosuch laborers or mechanics, subject to the provisions of 29 CFR5.5(a)(1)(iv); also, regular contributions made or costs incurredfor more than a weekly period (but not less often than quarterly)under plans, funds, or programs, which cover the particular weeklyperiod, are deemed to be constructively made or incurred duringsuch weekly period.

Such laborers and mechanics shall be paid the appropriate wagerate and fringe benefits on the wage determination for the classi-fication of work actually performed, without regard to skill, exceptas provided in 29 CFR 5.5(a)(4). Laborers or mechanics per-forming work in more than one classification may be compensatedat the rate specified for each classification for the time actuallyworked therein: Provided, That the employer’s payroll recordsaccurately set forth the time spent in each classification in whichwork is performed. The wage determination (including any addi-tional classification and wage rates conformed under 29 CFR5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be postedat all times by the contractor and its subcontractors at the site ofthe work in a prominent and accessible, place where it can beeasily seen by the workers.

(ii) (a) Any class of laborers or mechanics which is not listed inthe wage determination and which is to be employed under thecontract shall be classified in conformance with the wage deter-mination. HUD shall approve an additional classification and wagerate and fringe benefits therefor only when the following criteriahave been met:

(1) The work to be performed by the classification requested isnot performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the constructionindustry; and

(3) The proposed wage rate, including any bona fide fringe ben-efits, bears a reasonable relationship to the wage rates containedin the wage determination.

(b) If the contractor and the laborers and mechanics to be em-ployed in the classification (if known), or their representatives,and HUD or its designee agree on the classification and wagerate (including the amount designated for fringe benefits where

Federal Labor Standards Provisions U.S. Department of Housingand Urban DevelopmentOffice of Labor Relations

appropriate), a report of the action taken shall be sent by HUD orits designee to the Administrator of the Wage and Hour Division,Employment Standards Administration, U.S. Department of La-bor, Washington, D.C. 20210. The Administrator, or an authorizedrepresentative, will approve, modify, or disapprove every additionalclassification action within 30 days of receipt and so advise HUDor its designee or will notify HUD or its designee within the 30-dayperiod that additional time is necessary. (Approved by the Officeof Management and Budget under OMB control number 1215-0140.)

(c) In the event the contractor, the laborers or mechanics to beemployed in the classification or their representatives, and HUDor its designee do not agree on the proposed classification andwage rate (including the amount designated for fringe benefits,where appropriate), HUD or its designee shall refer the questions,including the views of all interested parties and the recommenda-tion of HUD or its designee, to the Administrator for determina-tion. The Administrator, or an authorized representative, will is-sue a determination within 30 days of receipt and so advise HUDor its designee or will notify HUD or its designee within the 30-dayperiod that additional time is necessary. (Approved by the Officeof Management and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fringe benefits where appropriate)determined pursuant to subparagraphs (1)(ii)(b) or (c) of this para-graph, shall be paid to all workers performing work in the classifi-cation under this contract from the first day on which work is per-formed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contractfor a class of laborers or mechanics includes a fringe benefit whichis not expressed as an hourly rate, the contractor shall either paythe benefit as stated in the wage determination or shall pay an-other bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee orother third person, the contractor may consider as part of thewages of any laborer or mechanic the amount of any costs rea-sonably anticipated in providing bona fide fringe benefits under aplan or program, Provided, That the Secretary of Labor has found,upon the written request of the contractor, that the applicable stan-dards of the Davis-Bacon Act have been met. The Secretary ofLabor may require the contractor to set aside in a separate ac-count assets for the meeting of obligations under the plan or pro-gram. (Approved by the Office of Management and Budget underOMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own action orupon written request of an authorized representative of the De-partment of Labor withhold or cause to be withheld from the con-tractor under this contract or any other Federal contract with thesame prime contractor, or any other Federally-assisted contractsubject to Davis-Bacon prevailing wage requirements, which isheld by the same prime contractor so much of the accrued pay-ments or advances as may be considered necessary to pay la-borers and mechanics, including apprentices, trainees and help-ers, employed by the contractor or any subcontractor the fullamount of wages required by the contract. In the event of failureto pay any laborer or mechanic, including any apprentice, traineeor helper, employed or working on the site of the work, all or part




of the wages required by the contract, HUD or its designee may,after written notice to the contractor, sponsor, applicant, or owner,take such action as may be necessary to cause the suspensionof any further payment, advance, or guarantee of funds until suchviolations have ceased. HUD or its designee may, after writtennotice to the contractor, disburse such amounts withheld for andon account of the contractor or subcontractor to the respectiveemployees to whom they are due. The Comptroller General shallmake such disbursements in the case of direct Davis-Bacon Actcontracts.

3. (i) Payrolls and basic records. Payrolls and basic recordsrelating thereto shall be maintained by the contractor during thecourse of the work preserved for a period of three years thereaf-ter for all laborers and mechanics working at the site of the work.Such records shall contain the name, address, and social secu-rity number of each such worker, his or her correct classification,hourly rates of wages paid (including rates of contributions or costsanticipated for bona fide fringe benefits or cash equivalents thereofof the types described in Section l(b)(2)(B) of the Davis-baconAct), daily and weekly number of hours worked, deductions madeand actual wages paid. Whenever the Secretary of Labor hasfound under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer ormechanic include the amount of any costs reasonably anticipatedin providing benefits under a plan or program described in Sec-tion l(b)(2)(B) of the Davis-Bacon Act, the contractor shall main-tain records which show that the commitment to provide suchbenefits is enforceable, that the plan or program is financially re-sponsible, and that the plan or program has been communicatedin writing to the laborers or mechanics affected, and records whichshow the costs anticipated or the actual cost incurred in providingsuch benefits. Contractors employing apprentices or traineesunder approved programs shall maintain written evidence of theregistration of apprenticeship programs and certification of traineeprograms, the registration of the apprentices and trainees, andthe ratios and wage rates prescribed in the applicable programs.(Approved by the Office of Management and Budget under OMBControl Numbers 1215-0140 and 1215-0017.)

(ii) (a) The contractor shall submit weekly for each week in whichany contract work is performed a copy of all payrolls to HUD or itsdesignee if the agency is a party to the contract, but if the agencyis not such a party, the contractor will submit the payrolls to theapplicant sponsor, or owner, as the case may be, for transmissionto HUD or its designee. The payrolls submitted shall set out ac-curately and completely all of the information required to be main-tained under 29 CFR 5.5(a)(3)(i). This information may be submit-ted in any form desired. Optional Form WH-347 is available forthis purpose and may be purchased from the Superintendent ofDocuments (Federal Stock Number 029-005-00014-1), U.S. Gov-ernment Printing Office, Washington, DC 20402. The prime con-tractor is responsible for the submission of copies of payrolls byall subcontractors. (Approved by the Office of Management andBudget under OMB Control Number 1215-0149.)

(b) Each payroll submitted shall be accompanied by a “State-ment of Compliance,” signed by the contractor or subcontractor orhis or her agent who pays or supervises the payment of the per-sons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the informationrequired to be maintained under 29 CFR 5.5 (a)(3)(i) and thatsuch information is correct and complete;

(2) That each laborer or mechanic (including each helper, ap-prentice, and trainee) employed on the contract during the payroll

period has been paid the full weekly wages earned, without re-bate, either directly or indirectly, and that no deductions have beenmade either directly or indirectly from the full wages earned, otherthan permissible deductions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less thanthe applicable wage rates and fringe benefits or cash equivalentsfor the classification of work performed, as specified in the appli-cable wage determination incorporated into the contract.

(c) The weekly submission of a properly executed certificationset forth on the reverse side of Optional Form WH-347 shall sat-isfy the requirement for submission of the “Statement of Compli-ance” required by subparagraph A.3.(ii)(b).

(d) The falsification of any of the above certifications may subjectthe contractor or subcontractor to civil or criminal prosecutionunder Section 1001 of Title 18 and Section 231 of Title 31 of theUnited States Code.

(iii) The contractor or subcontractor shall make the records re-quired under subparagraph A.3.(i) available for inspection, copy-ing, or transcription by authorized representatives of HUD or itsdesignee or the Department of Labor, and shall permit such rep-resentatives to interview employees during working hours on thejob. If the contractor or subcontractor fails to submit the requiredrecords or to make them available, HUD or its designee may, afterwritten notice to the contractor, sponsor, applicant or owner, takesuch action as may be necessary to cause the suspension of anyfurther payment, advance, or guarantee of funds. Furthermore,failure to submit the required records upon request or to makesuch records available may be grounds for debarment action pur-suant to 29 CFR 5.12.

4. Apprentices and Trainees.

(i) Apprentices. Apprentices will be permitted to work at lessthan the predetermined rate for the work they performed whenthey are employed pursuant to and individually registered in abona fide apprenticeship program registered with the U.S. De-partment of Labor, Employment and Training Administration, Of-fice of Apprenticeship Training, Employer and Labor Services, orwith a State Apprenticeship Agency recognized by the Office, or ifa person is employed in his or her first 90 days of probationaryemployment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who hasbeen certified by the Office of Apprenticeship Training, Employerand Labor Services or a State Apprenticeship Agency (whereappropriate) to be eligible for probationary employment as anapprentice. The allowable ratio of apprentices to journeymen onthe job site in any craft classification shall not be greater than theratio permitted to the contractor as to the entire work force underthe registered program. Any worker listed on a payroll at an ap-prentice wage rate, who is not registered or otherwise employedas stated above, shall be paid not less than the applicable wagerate on the wage determination for the classification of work actu-ally performed. In addition, any apprentice performing work onthe job site in excess of the ratio permitted under the registeredprogram shall be paid not less than the applicable wage rate onthe wage determination for the work actually performed. Where acontractor is performing construction on a project in a locality otherthan that in which its program is registered, the ratios and wagerates (expressed in percentages of the journeyman’s hourly rate)specified in the contractor’s or subcontractor’s registered programshall be observed. Every apprentice must be paid at not lessthan the rate specified in the registered program for theapprentice’s level of progress, expressed as a percentage of the




journeymen hourly rate specified in the applicable wage determi-nation. Apprentices shall be paid fringe benefits in accordancewith the provisions of the apprenticeship program. If the appren-ticeship program does not specify fringe benefits, apprentices mustbe paid the full amount of fringe benefits listed on the wage deter-mination for the applicable classification. If the Administrator de-termines that a different practice prevails for the applicable ap-prentice classification, fringes shall be paid in accordance withthat determination. In the event the Office of Apprenticeship Train-ing, Employer and Labor Services, or a State ApprenticeshipAgency recognized by the Office, withdraws approval of an ap-prenticeship program, the contractor will no longer be permittedto utilize apprentices at less than the applicable predeterminedrate for the work performed until an acceptable program is ap-proved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees willnot be permitted to work at less than the predetermined rate forthe work performed unless they are employed pursuant to andindividually registered in a program which has received prior ap-proval, evidenced by formal certification by the U.S. Departmentof Labor, Employment and Training Administration. The ratio oftrainees to journeymen on the job site shall not be greater thanpermitted under the plan approved by the Employment and Train-ing Administration. Every trainee must be paid at not less thanthe rate specified in the approved program for the trainee’s levelof progress, expressed as a percentage of the journeyman hourlyrate specified in the applicable wage determination. Trainees shallbe paid fringe benefits in accordance with the provisions of thetrainee program. If the trainee program does not mention fringebenefits, trainees shall be paid the full amount of fringe benefitslisted on the wage determination unless the Administrator of theWage and Hour Division determines that there is an apprentice-ship program associated with the corresponding journeyman wagerate on the wage determination which provides for less than fullfringe benefits for apprentices. Any employee listed on the pay-roll at a trainee rate who is not registered and participating in atraining plan approved by the Employment and Training Adminis-tration shall be paid not less than the applicable wage rate on thewage determination for the work actually performed. In addition,any trainee performing work on the job site in excess of the ratiopermitted under the registered program shall be paid not less thanthe applicable wage rate on the wage determination for the workactually performed. In the event the Employment and TrainingAdministration withdraws approval of a training program, the con-tractor will no longer be permitted to utilize trainees at less thanthe applicable predetermined rate for the work performed until anacceptable program is approved.

(iii) Equal employment opportunity. The utilization of appren-tices, trainees and journeymen under 29 CFR Part 5 shall be inconformity with the equal employment opportunity requirementsof Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contrac-tor shall comply with the requirements of 29 CFR Part 3 which areincorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor will insert inany subcontracts the clauses contained in subparagraphs 1through 11 of this paragraph A and such other clauses as HUD orits designee may by appropriate instructions require, and a copyof the applicable prevailing wage decision, and also a clause re-quiring the subcontractors to include these clauses in any lowertier subcontracts. The prime contractor shall be responsible forthe compliance by any subcontractor or lower tier subcontractorwith all the contract clauses in this paragraph.

7. Contract termination; debarment. A breach of the contractclauses in 29 CFR 5.5 may be grounds for termination of the con-tract and for debarment as a contractor and a subcontractor asprovided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.All rulings and interpretations of the Davis-Bacon and RelatedActs contained in 29 CFR Parts 1, 3, and 5 are herein incorpo-rated by reference in this contract

9. Disputes concerning labor standards. Disputes arising outof the labor standards provisions of this contract shall not be sub-ject to the general disputes clause of this contract. Such disputesshall be resolved in accordance with the procedures of the De-partment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputeswithin the meaning of this clause include disputes between thecontractor (or any of its subcontractors) and HUD or its designee,the U.S. Department of Labor, or the employees or their repre-sentatives.

10. (i) Certification of Eligibility. By entering into this contractthe contractor certifies that neither it (nor he or she) nor any per-son or firm who has an interest in the contractor’s firm is a personor firm ineligible to be awarded Government contracts by virtue ofSection 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to beawarded HUD contracts or participate in HUD programs pursuantto 24 CFR Part 24.

(ii) No part of this contract shall be subcontracted to any personor firm ineligible for award of a Government contract by virtue ofSection 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to beawarded HUD contracts or participate in HUD programs pursuantto 24 CFR Part 24.

(iii) The penalty for making false statements is prescribed in theU.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. CriminalCode, Section 1 01 0, Title 18, U.S.C., “Federal Housing Adminis-tration transactions”, provides in part: “Whoever, for the purposeof . . . influencing in any way the action of such Administration.....makes, utters or publishes any statement knowing the same to befalse..... shall be fined not more than $5,000 or imprisoned notmore than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees.No laborer or mechanic to whom the wage, salary, or other laborstandards provisions of this Contract are applicable shall be dis-charged or in any other manner discriminated against by the Con-tractor or any subcontractor because such employee has filed anycomplaint or instituted or caused to be instituted any proceedingor has testified or is about to testify in any proceeding under orrelating to the labor standards applicable under this Contract tohis employer.

B. Contract Work Hours and Safety Standards Act. The provi-sions of this paragraph B are applicable only where the amount ofthe prime contract exceeds $100,000. As used in this paragraph, theterms “laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor con-tracting for any part of the contract work which may require or involvethe employment of laborers or mechanics shall require or permit anysuch laborer or mechanic in any workweek in which he or she isemployed on such work to work in excess of 40 hours in such work-week unless such laborer or mechanic receives compensation at arate not less than one and one-half times the basic rate of pay for allhours worked in excess of 40 hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages.In the event of any violation of the clause set forth in subpara-




graph (1) of this paragraph, the contractor and any subcontractorresponsible therefor shall be liable for the unpaid wages. In addi-tion, such contractor and subcontractor shall be liable to the UnitedStates (in the case of work done under contract for the District ofColumbia or a territory, to such District or to such territory), forliquidated damages. Such liquidated damages shall be computedwith respect to each individual laborer or mechanic, includingwatchmen and guards, employed in violation of the clause setforth in subparagraph (1) of this paragraph, in the sum of $10 foreach calendar day on which such individual was required or permit-ted to work in excess of the standard workweek of 40 hours withoutpayment of the overtime wages required by the clause set forth insub paragraph (1) of this paragraph.

(3) Withholding for unpaid wages and liquidated damages.HUD or its designee shall upon its own action or upon writtenrequest of an authorized representative of the Department of La-bor withhold or cause to be withheld, from any moneys payableon account of work performed by the contractor or subcontractorunder any such contract or any other Federal contract with thesame prime contract, or any other Federally-assisted contractsubject to the Contract Work Hours and Safety Standards Actwhich is held by the same prime contractor such sums as may bedetermined to be necessary to satisfy any liabilities of such con-tractor or subcontractor for unpaid wages and liquidated damagesas provided in the clause set forth in subparagraph (2) of thisparagraph.

(4) Subcontracts. The contractor or subcontractor shall insertin any subcontracts the clauses set forth in subparagraph (1)through (4) of this paragraph and also a clause requiring the sub-contractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by anysubcontractor or lower tier subcontractor with the clauses set forthin subparagraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are ap-plicable only where the amount of the prime contract exceeds$100,000.

(1) No laborer or mechanic shall be required to work in surround-ings or under working conditions which are unsanitary, hazard-ous, or dangerous to his health and safety as determined underconstruction safety and health standards promulgated by the Sec-retary of Labor by regulation.

(2) The Contractor shall comply with all regulations issued by theSecretary of Labor pursuant to Title 29 Part 1926 and failure tocomply may result in imposition of sanctions pursuant to the Con-tract Work Hours and Safety Standards Act, 40 USC 3701 et seq.

(3) The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will bebinding on each subcontractor. The Contractor shall take suchaction with respect to any subcontract as the Secretary ofHousing and Urban Development or the Secretary of Laborshall direct as a means of enforcing such provisions.




DAVIS BACON WAGE RATES

General Decision Number: VA180175 01/05/2018 VA175

Superseded General Decision Number: VA20170175

State: Virginia

Construction Type: Building

County: Rockingham County in Virginia.

Includes the independent city of Harrisonburg*

BUILDING CONSTRUCTION PROJECTS (does not include single family

homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage

of $10.35 for calendar year 2018 applies to all contracts

subject to the Davis-Bacon Act for which the contract is awarded

(and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay

all workers in any classification listed on this wage

determination at least $10.35 per hour (or the applicable

wage rate listed on this wage determination, if it is higher)

for all hours spent performing on the contract in calendar

year 2018. The EO minimum wage rate will be adjusted annually.

Please note that this EO applies to the above-mentioned types

of contracts entered into by the federal government that are

subject to the Davis-Bacon Act itself, but it does not apply

to contracts subject only to the Davis-Bacon Related Acts,

including those set forth at 29 CFR 5.1(a)(2)-(60). Additional

information on contractor requirements and worker protections

under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/05/2018

* ASBE0024-006 10/01/2017

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR - MECHANICAL (Duct,

Pipe & Mechanical System

Insulation)......................$ 35.13 16.22

----------------------------------------------------------------

BOIL0045-003 01/01/2017

Rates Fringes

BOILERMAKER......................$ 32.72 25.26

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ENGI0147-019 11/01/2013

Rates Fringes

POWER EQUIPMENT OPERATOR

Cranes 90 tons & over

capacity; Tower & Climbing

Cranes with Controls 100


ft. above ground............$ 28.30 8.69%+8.15

Cranes under 90 tons........$ 27.38 8.69%+8.15

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IRON0005-010 06/01/2017

Rates Fringes

IRONWORKER.......................$ 31.15 20.63

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PAIN0051-033 06/01/2017

Rates Fringes

PAINTER: Spray Only..............$ 25.06 9.66

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SUVA2013-049 01/11/2016

Rates Fringes

BRICKLAYER.......................$ 23.54 6.73

CARPENTER........................$ 14.81 2.19

ELECTRICIAN......................$ 19.52 5.04

IRONWORKER, REINFORCING..........$ 25.36 6.68

LABORER: Common or General......$ 11.56 0.70

LABORER: Mason Tender - Brick...$ 13.41 3.15

LABORER: Mason Tender -

Cement/Concrete..................$ 15.32 0.00

LABORER: Pipelayer..............$ 12.00 1.17

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 16.24 0.87

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 18.95 4.03

OPERATOR: Bulldozer.............$ 16.00 0.00

OPERATOR: Forklift..............$ 19.40 7.00

OPERATOR: Loader................$ 21.28 3.17

OPERATOR: Roller................$ 16.25 4.88

PAINTER (Brush and Roller).......$ 20.01 0.00

PIPEFITTER, Includes HVAC

Pipe and Unit Installation.......$ 22.45 6.94

PLUMBER..........................$ 20.80 5.66

ROOFER...........................$ 16.17 3.73

SHEET METAL WORKER, Includes

HVAC Duct Installation...........$ 18.38 3.30

TILE FINISHER....................$ 23.40 0.00


TILE SETTER......................$ 27.80 10.25

TRUCK DRIVER: Dump Truck........$ 16.58 1.73

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WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave

for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any

solicitation was issued) on or after January 1, 2017. If this

contract is covered by the EO, the contractor must provide

employees with 1 hour of paid sick leave for every 30 hours

they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their

own illness, injury or other health-related needs, including

preventive care; to assist a family member (or person who is

like family to the employee) who is ill, injured, or has other

health-related needs, including preventive care; or for reasons

resulting from, or to assist a family member (or person who is

like family to the employee) who is a victim of, domestic

violence, sexual assault, or stalking. Additional information

on contractor requirements and worker protections under the EO

is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within

the scope of the classifications listed may be added after

award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

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The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type(s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical

order of "identifiers" that indicate whether the particular

rate is a union rate (current union negotiated rate for local),

a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed

in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

the union which prevailed in the survey for this

classification, which in this example would be Plumbers. 0198

indicates the local union number or district council number

where applicable, i.e., Plumbers Local 0198. The next number,

005 in the example, is an internal number used in processing

the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1,

2014.


Union prevailing wage rates are updated to reflect all rate

changes in the collective bargaining agreement (CBA) governing

this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that

no one rate prevailed for this classification in the survey and

the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all

rates reported in the survey, it may include both union and

non-union rates. Example: SULA2012-007 5/13/2014. SU indicates

the rates are survey rates based on a weighted average

calculation of rates and are not majority rates. LA indicates

the State of Louisiana. 2012 is the year of survey on which

these classifications and rates are based. The next number, 007

in the example, is an internal number used in producing the

wage determination. 5/13/2014 indicates the survey completion

date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a

new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate

that no single majority rate prevailed for those

classifications; however, 100% of the data reported for the

classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union

average rate. OH indicates the state. The next number, 0010 in

the example, is an internal number used in producing the wage

determination. 08/29/2014 indicates the survey completion date

for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of

each year, to reflect a weighted average of the current

negotiated/CBA rate of the union locals from which the rate is

based.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can

be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on

a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests

for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted

because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial

contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.


With regard to any other matter not yet ripe for the formal

process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an

interested party (those affected by the action) can request

review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator




The request should be accompanied by a full statement of the

interested party's position and by any information (wage

payment data, project description, area practice material,

etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board




4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION


0800 APPLICATION AND CERTIFICATE FOR PAYMENTTo Owner: City of Harrisonburg Task: Application No.:

2155 Beery RoadHarrisonburg, VA 22801 Task No: Period To:

From Contractor: Contract Date:

1. Original Contract Sum $ CHANGE ORDER SUMMARY Additions Deductions

2. Net Change by Change Order $ Total Changes Approved Previously

3. Contract Sum To Date (line 1 + line 2) $ Total Approved this Month

4. Total Completed and Stored To Date (column G) $ Totals

5. Retainage: Net Changes by Change Order

a. ___% of Completed Work (column D + column E) $

b. ___% of Stored Materials (column F) $

6. Total Earned Less Retainage (line 4 less line 5) $

7. Less Previous Applications for Payment $

8. Current Payment Due $

9. Balance to Finish, Plus Retainage $

The undersigned contractor hereby swears and under penalty of perjury that (1) all previous progress payments received from the owner on

account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the

undersigned incurred in connection with work covered by prior applications for payment under said contract, being Applications for Payment 1

through _____ inclusive; and (2) all materials and equipment incorporated in said project or otherwise listed in or covered by this application for

payment are free and clear of all liens, claims, security and encumbrances.

Signature _____________________________________ Date __________________

Printed Name ___________________________________ Title ______________________________________

State of ________________ County of ____________________

Before me this ______ day of _________, 20 __ personally appeared _____________________________ known to me, who being duly sworn, did

depose and say that he/she is the _________________________ of the contractor above mentioned, that he/she executed the above application

for payment on behalf of said contractor and that all of the statements contained herein are true, correct and complete.

Notary Public ______________________________________ Registration No. ________________________

My Commission Expires ___________________________

ATTACHMENT N. APPLICATION & CERTIFICATE FOR PAYMENT FORM


APPLICATION NO.: PERIOD TO: PROJECT:

A B F H

Unit Qty. Unit Price Amount Qty. Total Qty. Total Qty Total

1 MOBILIZATION LS 1 $200.00 $200.00 0.50 $100.00 0.50 $100.00 1.00 $200.00 100% $0.00

2 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

3 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

4 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

5 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

6 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

7 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

8 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

9 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

10 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

11 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

12 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

13 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

14 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

15 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

16 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

17 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

18 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

19 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

20 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

21 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

22 $0.00 $0.00 0.00 $0.00 #DIV/0! $0.00

BALANCE TO COMPLETION

(C-G)

TOTALS $200.00 $100.00 $100.00 $0.00 $0.00

COMPLETED WORK PREVIOUS PERIOD

TOTAL WORK COMPLETED TO DATE

$200.00

STORED MATERIAL

(not in D or E)% (G/C)

GC E

LINE NO. WORK DESCRIPTION

SCHEDULED VALUECOMPLETED WORK THIS

PERIOD

D


ATTACHMENT O. PROPOSED “OR EQUAL” AND/OR “SUBSTITUTE” MATERIAL

“Or equals” and/or “substitutes” are offered for the Owner's consideration in accordance with the ITB specifications. If a proposed “or equal” and/or “substitute” manufacturer/supplier is allowed by the Owner, the associated “deduct” will be subtracted from the amount of the successful bidder’s base bid to determine the contract price. Determination of the low bidder will be based on the base bid without consideration of any deductions resulting from bidder-proposed “or equal” or “substitute” equipment. Allowance of an “or equal” and/or a “substitute” manufacturer/supplier does not constitute a waiver of the specifications or of any other requirements of the Contract Documents. Unless otherwise stated, all proposed deducts for “or equal” and/or “substitute” manufacturers/suppliers are deducts for the equipment associated with the base bid only. Upon request, within 5 days after bid opening, the apparent low bidder shall provide a “qualifications” package for all proposed “or equal” and/or “substitute” items proposed by Bidder. The qualification packages will be used solely by the Owner to evaluate, on an administrative level, proposed “or equal” and/or substitute items. If Owner elects to allow specific “or equal” and/or “substitute” item(s), this action does not constitute a waiver of the specifications or of any other requirements of the contract documents, and formal submittal and acceptance of said items will be in accordance with the ITB and Contract Documents.

Material Specification Name

& Reference

Indicate as “E” for Equal or

“S” for Substitute*

Manufacturer’s Name,

Catalog or Model No, of “Or

Equal” or “Substitute”

Offered

Amount of Add or Deduct

from Base Bid Price

1. $

2. $

3. $

4. $

5. $

* Failure to indicate “E” or “S” will result in that item being treated as a proposed substitute.

The above listed “or equal” and/or “substitute” items are hereby guaranteed to perform in all respects the functions of the items of specified manufacturers and in accordance with ITB specifications, and it is fully understood that approval of such items is contingent upon this guarantee. Contractor’s Name: ____________________________________________________ Contractor’s Signature: _________________________________________________ Date:________________________________________________________________

* This form must be completed & returned if “or equal” and/or “substitute” manufacturers/suppliers

are being submitted for review and approval as part of the bid *


ATTACHMENT P. BASIC POOL SPECIFICATIONS

Olympic Pool Diving Pool Wading Pool

Basic Shape

(not to scale)

Dimensions Length: 164 feet or 50 meters

Width: 75 feet in the middle

Length: 75 Feet

Width: 56 feet in the middle

Three (3) 16 foot by 16 foot squares, the middle square is joined to the outside squares by two (2) 10 foot by 5 foot canals

Square Feet Bottom: 12,300

Sides: 1,476

Ends: 450

Total: 14,225

Bottom: 5,000

Sides: 1,050

Ends: 660

Total: 6,710

Bottom: 840

Sides: 294

Ends: 48

Total: 1,182

Black Tiles

(Square Feet)

9,684 Total

• 6,096 Large • 3,552 Small

1,524 Sq. Ft. Large

99 Sq. Ft. Small

620 Total

• 2,172 Large • 2,448 Small

543 Sq. Ft. Large

68 Sq. Ft. Small

N/A

Blue Tiles

(Square Feet)

2,200

550 Sq. Ft.

1,350

335 Sq. Ft.

450

113 Sq. Ft.

Ladder Steps (set

of 3)

6 3 N/A

Anchor Cups 35 Total

• 12 ladder • 12 guard stands • 6 hand rails • 4 flags

1 handicap lift

19 Total

• 6 ladder • 4 guard stands • 4 hand rails • 4 flags

1 handicap lift

N/A

Coping Stone 300 180 150


ATTACHMENT Q. ORIGINAL DRAWINGS

This document will be posted separately as an Adobe PDF file.


ATTACHMENT R. WADING POOL RECONFIGURATION &

RECONSTRUCTION DRAWINGS



ATTACHMENT S. SPLASH PAD DRAWINGS



ATTACHMENT T. DIAMOND BRITE SPECIFICATIONS & INSTRUCTIONS






ATTACHMENT U. RACING LINE TILE PHOTOS



ATTACHMENT V. AQUATIX SPECIFICATIONS FOR BID ALTERNATE

Aquatix Brand Additional Specifications for the Reconfiguration of Wading Pool (Alternate 1):

Product Name Qty Material PSI Flow Rate Line Size

Triple Arch Jet 1 Cast Bronze 4 Ultra 2.5, 5 gpm 1" supply

Water Dome 1 Fiberglass Reinforced Plastic 4 200-400 gpm 5" - 6" supply

Contour Arch Bar 2 Stainless Steel 4 10 gpm 1" supply Water Hoops 1 Stainless Steel 15 10 gpm 2" supply Bubbler 1 Stainless Steel or PVC 5 30 gpm 1" or 1-1/2" supply Jumping Jet Stream (Lighted) 1 Stainless Steel 6

Low 10, High 20 gpm 1" supply

Water Tent 1 Stainless Steel or PVC 2 7 gpm 1-1/2" supply Urbular III 1 Stainless Steel 10 15-30 gpm 1" supply

Arch Jet Tunnel 1 PVC 3 10 gpm 1-1/2" supply, 2-1/2" supply, or 4" supply

Mega Upward Spray Ring 1 PVC 6

Low 12, Standard 60, High 120 gpm

2" supply, 5" supply, or 6" supply

Triple Fun Tree 1 Fiberglass Reinforced Plastic or Stainless Steel 5

Low 40, Standard 190, High 380 gpm

1-1/2" supply or 2-1/2" supply

Tall Water Tent 1 Stainless Steel or PVC 3 15, 30, 70 gpm 1-1/2" supply

Water Dump* 1* Fiberglass Reinforced Plastic 5 15-30 gpm 1" supply

HydroHelix 1 Stainless Steel 5 30-50 gpm 1-1/2" - 2" supply
