IFB 014-0-2024SNB Mary Passage HVAC Replacement.pdf

Newport News Public Schools

ISSUING OFFICE:

PURCHASING DEPARTMENT

12465 WARWICK BOULEVARD

NEWPORT NEWS, VA 23606-3041

TELEPHONE: (757) 591-4525

FAX: (757) 591-4593

DATE: March 6, 2024

Attention of Bidder is Directed To Section 2.2-4367 to 2.2-4377 Code of Virginia (Ethics In Public Contracting)

SEALED BIDS will be received in the issuing office above until Opening Date and Opening Time as specified in this solicitation to include any addendums issued by this office. Newport News Public Schools is not responsible for late delivery by U. S. Postal mail or other couriers.

All inquiries for information regarding this Invitation for Bid should be directed to the Buyer listed in this IFB or 757-591-4525

COMMODITY: HVAC Services NIGP CODE: 91017, 91450, 93648, 94155, 99247, 91484

PLEASE FILL IN BIDDER’S NAME & ADDRESS IN

THE SPACES PROVIDED BELOW:

THIS IS NOT AN ORDER

THE NEWPORT NEWS SCHOOL BOARD, HEREAFTER REFERRED TO AS NEWPORT NEWS PUBLIC SCHOOLS (NNPS) ALSO REFERRED TO AS “OWNER”, RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS IN WHOLE OR IN PART AND TO WAIVE ANY INFORMALITIES IN THE BID PROCESS AND RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN ITS BEST INTEREST. THE SPECIFICATIONS IN THIS BID ARE INTENDED AS A QUALITY INDICATOR AND GUIDE FOR BIDDING AND UNLESS OTHERWISE STATED, NNPS WILL CONSIDER ALTERNATE BIDS OF EQUAL OR BETTER QUALITY, WHICH WILL BE ACCOMPANIED BY DESCRIPTIVE LITERATURE. THE ENTIRE CONTENTS OF THIS INVITATION FOR BID, ANY ADDENDA, AND BIDDER'S RESPONSE SHALL BE INCORPORATED INTO ANY RESULTING CONTRACT.

NNPS DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS.

Mary Passage Middle School HVAC System Replacement

ACKNOWLEDGE RECEIPT OF ADDENDUM: #1 #2 #3 #4 (Please Initial) IN COMPLIANCE WITH THIS BID, AND TO ALL THE CONDITIONS IMPOSED HEREIN, THE UNDERSIGNED AGREES TO EXECUTE ANY CONTRACT AS A RESULT OF THIS BID. THE UNDERSIGNED OFFERS AND AGREES TO FURNISH THE GOODS/SERVICES AT THE PRICE(S) INDICATED ON THE PRICING SCHEDULE. THE FOLLOWING SECTION SHALL BE SIGNED BY AN AGENT AUTHORIZED TO BIND THE

BIDDER/COMPANY. FAILURE TO MAKE THIS COMMITMENT MAY RESULT IN BID REJECTION.

Authorized Agent Signature Type or Print Name Email Address

Company FEI/FIN#

Phone Number

FAX Number

INVITATION FOR BIDS

BID ITEM NO.

014-0-2024/SNB

PROCUREMENT OFFICER

Shannon Bailey, VCCO, VCO

OPENING DATE

March 29, 2024

OPENING TIME

2:00 PM EST

PREBID CONFERENCE

OPTIONAL

DATE: March 13, 2024

TIME: 10:00 AM EST

ANTI-COLLUSION:

SPECIFIC LEGAL REQUIREMENTS

In the preparation and submission of this bid/proposal, said bidder/offeror did not either directly or indirectly enter into any combination or arrangement with any person, firm or corporation, or enter into any agreement, participate in any collusion, or otherwise take any action in violation of the Sherman Act (15 U.S.C. Section 1), Sections 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia. The undersigned bidder/offeror hereby certifies that this agreement, or any claims resulting therefrom, is not the result of, or affected by, any act of collusion with, or any act of, another person or persons, firm or corporation engaged in the same line of business or commerce; and, that no person acting for, or employed by, NNPS has an interest in, or is concerned with, this bid/proposal; and, that no person or persons, firm or corporation other than the undersigned, have, or are, interested in this bid/proposal.

DRUG-FREE WORKPLACE:

During the performance of this contract, the successful bidder/offeror agrees to (i) provide a drug-free workplace for the successful bidder's/offeror’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 successful bidder's/offeror’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 successful bidder/offeror that the successful bidder/offeror 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 successful bidder/offeror or vendor. For the purpose of this section, "drug-free workplace" means a site for the performance or work done in connection with a specific contract awarded to a successful bidder/offeror in accordance with federal law, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

EMPLOYMENT DISCRIMINATION BY THE SUCESSFUL BIDDER/OFFEROR SHALL BE PROHIBITED:

1. During the performance of this contract, the successful bidder/offeror agrees as follows:

a. Bidder/offeror shall 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 successful bidder/offeror. The successful bidder/offeror agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. Successful bidder/offeror, in all solicitations or advertisements for employees placed by or on behalf of the successful bidder/offeror, shall state that such successful bidder/offeror 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 the requirements of this section.

2. Successful bidder/offeror shall include the provisions of the foregoing Subsections a, b, and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE

COMMONWEALTH:

1. A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.

2. A bidder/offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 will include in its bid or proposal the identification number issued to it by the State Corporation Commission in the space provided below. 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 shall include in its bid or proposal a statement why the bidder/offeror is not required to be so authorized. Bidder/offeror is to include the VA Code reference authorizing the exemption in said statement.

3. Any bidder/offeror described in the foregoing Subsection 2. that fails to provide the required information shall not receive an award unless a waiver of this requirement is granted by the Superintendent or designee.

4. Any business entity described in the foregoing Subsection 1. that enters into a contract with NNPS shall not allow its existence to lapse or its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract.

Name and Address of BIDDER/OFFEROR: Date: Authorized Signature: _

Printed Name: _ Title:

Phone Number: Fax Number: _

Email Address: _ _

Federal Tax Identification Number/Social Security Number: _

State Corporation Commission Identification Number: _

Is bidder/offeror a "minority" business? Yes No If yes, please indicate the "minority" classification below:

African American Hispanic American Native American Asian American Other; Please Explain:

Service Disabled Veteran? Yes No Service Disabled Veteran Business? Yes No Woman Owned?

Small Business?

Yes Yes

No No

Faith-Based Organization? Yes No

TABLE OF CONTENTS

I. SCOPE OF WORK 5

II. SPECIAL INSTRUCTION TO THE BIDDER 6

III. GENERAL TERMS AND CONDITIONS 11

IV. SPECIAL TERMS AND CONDITIONS 20

Attachment A: Bid Form (include with bid)

Attachment B: Certification for Contractor’s Near Students (include with bid)

Attachment C: Contractor Questionnaire Form (include with bid)

IFB# 014-0-2024/SNB Page 4 of 29

I. SCOPE OF WORK

A. GENERAL REQUIREMENTS

1. Remove and replace existing HVAC systems at Mary Passage Middle School located at 400 Atkinson

Blvd., Newport News, Virginia 23605 hereafter referred to as the “Project.”

B. SPECIFIC REQUIREMENTS

1. Contractor shall provide services in accordance with the Project Manual dated January 26, 2024 and associated Drawings dated January 26, 2024.

2.

3.

In accordance with Commonwealth of Virginia §54.1-1115, A1 and A6; Contractor shall possess a valid Commonwealth of Virginia Contractor’s Class A license as well ensure any subcontractors scheduled for the Project possess a valid Commonwealth of Virginia Contractor’s license.

In accordance with Commonwealth of Virginia §22.1-296.1; Contractor shall ensure all employees, 4.

subcontractors, representatives, (i) have not been convicted of a felony or any offense involving the sexual molestation of a child or physical abuse or sexual abuse or rape of a child; and (ii) has not been convicted of a crime of moral turpitude.

To ensure reasonable emergency response, Contractor for this Project shall have an operational office

5.

Not more than 250 miles driving distance from the Project site.

References about the Bidder’s past performances must be ascertained prior to any bid being eligible for Award as specified in Attachment C, Contractor’s Qualification Statement. Negative references or references that cannot verify whether the Contractor can meet the criteria specified in Section I. of this IFB, may be grounds for a bid being rejected.

C. DETAILED DESCRIPTION OF WORK

The “Work” generally includes but is not limited to the following:

- Replace internal components of Air Handling Units.

- Replace Kitchen combined supply and exhaust fan.

- Replace chiller and chilled water pumps.

- Replace condenser water pumps.

- Remove plate and frame heat exchanger.

- Replace existing boilers with condensing boilers and convert the hot water system from temperatures of

180°F/160°F to 140°F/110°F.

- Replace variable air volume boxes with series fan powered variable air volume boxes with hot water coils sized for new lower temperatures.

- Replace all units with hot water coils, including but not limited to cabinet unit heaters and duct heating coils.

- Replace exhaust fans and roof intake hoods.

- The installation of Bipolar ionization units in all air handling units.

- Install controllers for all new and existing units for new building automation system.

- Provide Commissioning for all new mechanical units and controls.

- All required electrical work to support the mechanical scope.

- Removal and reinstallation of ceiling grid as required to support the mechanical and electrical scope.

- Professional cleaning of existing ductwork to remain.

- Replace the building automation system with HONEYWELL controls to be provided by a Honeywell

Authorized Controls Integrator. This includes the NIAGRA/JACE web server platform.

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II. SPECIAL INSTRUCTIONS TO THE BIDDER

A. Issuing Office:

Wherever used in this Invitation for Bid, Issuing Office will be:

Shannon Bailey, VCCO, VCO Director of Procurement Newport News Public Schools Purchasing Department 12465 Warwick Boulevard Newport News, VA 23606-3041 Phone: (757) 591-4560 Fax: (757) 591-4593 Email: shannon.bailey1@nn.k12.va.us

B. NNPS Project Manager/Contract Administrator:

Wherever used in this Invitation for Bid and for purposes of any notices under this contract, the NNPS /Project Manager/Contract Administrator will be:

Darren Muncy, Program Administrator Energy Climate Controls 12580 Patrick Henry Dr.

Newport News, VA 23602 Phone: (757) 881-5024, Ext. 14129 Email: darren.muncy@nn.k12.va.us

Architect/Engineer:

Thompson Consulting Engineers Attn: Kevin D. Allen, P.E.

22 Enterprise Parkway, Suite 120 Hampton, Virginia 23666 Phone: (757)599-4415 Email: kallen@mjtengineers.com

Note: The Project Manager, and the Engineer when assigned to the Project, will provide administration of the Contract and will be the Owner’s Representatives (1) during construction and (2) until final payment is made. The Owner’s Representative will advise and consult with the Owner and will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract.

C. Contact with NNPS Staff, Representatives, and/or Agents:

Direct contact with NNPS staff, representatives, and/or agents other than Purchasing Department staff on the subject of this IFB or any subject related to this IFB is expressly prohibited except with the prior knowledge and permission of the Purchasing Director

D. Pre-Bid Conference:

An Optional pre-bid conference will be held at Mary Passage Middle School, 400 Atkinson Blvd, Newport News, VA 23608 on Wednesday, March 13, 2024 at 10:00 AM, Eastern Time to answer any questions regarding this IFB.

Any changes determined necessary as a result of this conference or any other source that may affect the responses to the bid w i l l be formally addressed by the Issuing Office via addenda.

E. Site Visit:

Immediately following the pre-bid conference, NNPS will conduct an Optional site visit.

mailto:shannon.bailey1@nn.k12.va.us mailto:darren.muncy@nn.k12.va.us mailto:kallen@mjtengineers.com

IFB# 014-0-2024/SNB Page 6 of 29

F. Bidders of Record:

Bidders receiving a copy of this IFB from a source other than the Issuing Office via the www.eVA.virginia.gov web site must contact the Issuing Office and provide Bidder’s name, address, contact person, telephone and fax number, and the IFB Item Number.

G. Examination of Contract Documents and Project Site: It is the responsibility of each Bidder before submitting a Bid:

a. To examine thoroughly the Bid Documents;

b. To visit the site to become familiar with and satisfy the Bidder as to the general, local and site conditions that may affect cost, progress, performance, or furnishing of the Work; BIDDER IS REQUIRED TO COORDINATE ALL SITE

VISITS THROUGH THE OWNER PRIOR TO COMING ON NNPS PROPERTY.

c. To study and carefully correlate the Bidder’s knowledge and observations with the Bid Documents and such other related data; and;

d. To promptly notify the Owner of all conflicts, errors, ambiguities, or discrepancies which the Bidder has discovered in or between the Bid Documents and such other related documents or field/site conditions.

e. Complete printed sets of the Project Manual and drawings may be obtained directly from the Issuing Office for a fee of $60.00 for each set – only money orders or certified checks accepted. A set includes the project manual and a set of drawings. Partial sets will not be provided. Upon return of the project manuals and drawings, a refund may be provided to vendors who were not selected for award. However, the original receipt must be presented and the materials being returned must be in the same condition in which they were purchased (no internal markings). Bidders have up to ten (10) days after the Bid Opening to return manuals and drawings for a refund. Partial sets will not be refunded.

H. Questions:

Submit questions regarding the Invitation for Bid in writing to the Issuing Office at Shannon.bailey1@nn.k12.va.us no later than Friday, March 15, 2024, 3:00 P.M. Eastern Time. Necessary replies will be issued to all Bidders of record as addenda tha t shall become part of the contract documents. Oral instructions do not form a part of the bid documents.

Bidder is responsible for checking the www.eVA.virginia.gov website or contacting the Issuing Office within 48 hours prior to bid closing to secure any addenda affecting this IFB.

I. Changes or Modifications:

Changes or modifications to this Invitation for Bids made prior to the date and time of closing will be addressed by addenda from the Issuing Office. Acknowledge receipt of addenda in the space provided on the cover page of this Invitation for Bid. Oral modifications shall not form a part of the Bid documents. This IFB and any addenda shall be incorporated, by reference, into any resulting contract.

J. Bid Submittal Requirements:

1. Each Bid submission shall be submitted to the Issuing Office and will include the following documents:

2. The cover page of this Invitation to Bid, which will contain:

(1) Original signature of an agent authorized to bind the company;

(2) Acknowledgment of any addenda on page one (1); and

(3) Registered Virginia Contractor No. and Class;

b. Bid Form (Attachment A);

c. Completed and signed anti collusion/nondiscrimination clauses on page 2 of this IFB;

d. Signed Certification of Compliance with Code of Virginia, §22.1-296.1;

e. Completed Contractor’s Qualification Statement;

f. Copy of Contractor’s valid Commonwealth of Virginia Contractor License;

g. To ensure reasonable emergency response time (4 hours or less), Contractor shall submit addresses of General Contractor’s offices that list an operational office that is no more than 250 miles driving distance from the Project site.

Note: Each Bidder shall submit with its bid that is $100,000.00 or more, an original bid bond with http://www.eva.virginia.gov/ mailto:Shannon.bailey1@nn.k12.va.us http://www.eva.virginia.gov/

IFB# 014-0-2024/SNB Page 7 of 29 original seal from a surety company selected by the Bidder that is authorized to do business in Virginia, or cashier's check, payable to Newport News Public Schools equal to five percent (5%) of the total bid price. The Bid Bond is a guarantee that if the contract is awarded to the Bidder, he will enter into the contract for the work mentioned in the bid.

3. Bidder shall submit one original and one (1) copy of its Bid. This original of the Bid shall contain the original signature of the contracting authority.

4. Submit Bids in a sealed envelope or package. Clearly label the shipping/mailing packaging as well as the outside of your sealed envelope or package with the Bid Item No., Closing Date and Time, and your firm’s name and address. Bids received by telephone, telegraph, facsimile, or any other means of electronic transfer shall not be accepted. Bids will be received on or before the date and the hour and at the place stipulated in the Invitation to Bids as may be modified by subsequent Addenda.

Purchasing Department operating hours are on the NNPS website at http://sbo.nn.k12.va.us/index.html.

The official time used for the receipt of responses is determined by reference to the clock designated by the Procurement Officer. The Procurement Officer shall determine when the Bid Receipt Deadline has arrived and shall announce that the Deadline has arrived and that no further bids or bid modifications will be accepted.

5. Bidders are encouraged to submit their bids on recycled paper and to use double-sided copying.

6. Bidder Qualification:

To demonstrate its qualifications to perform the Work, each Bidder shall be prepared to submit further written satisfactory evidence that the Bidder has sufficient experience, necessary capital, materials, machinery and skilled workers to complete the Work. If financial statements are required they shall be of such date as the Owner shall determine and shall be prepared on forms acceptable to the Owner. The Owner may make any such investigations as deemed necessary to determine the ability of the Bidder to perform the Work. The Owner’s decision or judgment on these matters shall be final, conclusive and binding.

7. Subcontractor Qualification:

Each Bidder shall submit to the Owner a list of all Subcontractors who will be performing work on the Project, within ten (10) days following Notice of Award. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of experience and qualifications of each such Subcontractor, person and organization. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, other person and organization, the Owner may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder. For any Subcontractors, other persons, or organization so listed and to whom Owner does not make written objection prior to issuing the Notice of Proceed, it will be deemed the Owner has no objection.

8. Responsibility of the Bidder:

By submitting their Bid, Bidders certify that:

They are not now debarred or enjoined by the Federal Government or by the Commonwealth of Virginia or by any other state, or by any town, city, or county, from submitting Bids on contracts for construction covered by this solicitation, nor are they an agent of any person or entity that is now so debarred;

http://sbo.nn.k12.va.us/index.html

IFB# 014-0-2024/SNB Page 8 of 29

Bidder has sufficient financial ability to perform the Contract and Contractor can acquire a surety bond from a corporation included on the United States Treasury list of acceptable surety corporations in the amount and type required by the Owner;

Bidder (including any officer, director or owner thereof) has not had judgments entered against Bidder within the past ten years for the breach of contracts for governmental or nongovernmental construction, including, but not limited to, design-build or construction management;

Bidder has not been in substantial noncompliance with the terms and conditions of prior construction contracts with a public body without good cause. For the purpose of this paragraph, substantial noncompliance must be documented in writing in the construction project file and any such information relating thereto given to the contractor at that time, with the opportunity to respond.

K. Proprietary Information/Disclosure:

Bidder is advised that the Virginia Public Procurement Act (Section 2.2-4342, Code of Virginia, 1950 as amended) shall govern public inspection of all records submitted by Bidder. Specifically, if Bidder seeks to protect any proprietary data or materials, pursuant to Section 2.2-4342.

Bidder shall:

(i) invoke the protections of this section prior to or upon submission of the data or other materials,

(ii) identify the data or other materials to be protected,

(iii) State the reasons why protection is needed.

Furthermore, the Bidder shall submit proprietary information under separate cover, and the Owner reserves the right to submit such information to the Owner’s attorney for concurrence of the Bidder’s claim that it is in fact proprietary.

References may be made within the body of the bid to proprietary information; however, all information contained within the body of the bid not labeled proprietary or otherwise not meeting all three of the requirements of Section 2.2- 4342 shall be public information in accordance with State statutes. Trade secrets or proprietary information submitted by a Bidder in conjunction with this IFB are not subject to public disclosure under the Virginia Freedom of Information Act (VFOIA). However, Bidder must invoke the protection of the VFOIA prior to or upon submission of the data or other materials. Information submitted that does not meet the above requirements will be considered public information in accordance with the VFOIA.

An all-inclusive statement that the entire bid is proprietary is unacceptable. A statement that Bidder’s costs and/or bid pricing are to be protected is unacceptable. Bidder will be requested to remove any such statement(s) in order to be eligible for further evaluation and award.

L. Notice of Award:

Any contract resulting from this IFB will be publicly posted for inspection on the eVA.virginia.gov website as well as in the NNPS Purchasing Department, 12465 Warwick Boulevard, Newport News, Virginia.

M. Award:

Owner may elect to award a contract to more than one vendor.

The award of contracts shall be at the sole discretion of the Owner. Unless cancelled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, Owner may negotiate with the apparent low bidder to obtain a contract price within available funds. The Owner reserves the right to accept or reject any or all bids in whole or in part and to waive any informalities in the process. Furthermore, the Owner reserves the right to enter into any contract deemed to be in the Owner’s best interest.

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N. IFB Opening:

Bidder shall ensure their bid is time stamped by the Issuing Office no later than the Opening Date and Time shown on the cover page of this Invitation for Bid. Bids received after the specified date and time (time stamped 2:01 P.M. or later) shall not be considered and will be returned unopened to Bidder.

O. Withdrawal of Bids:

A bidder for a contract may request withdrawal of his or her bid under the following circumstances:

1. A bidder 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.

2. 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.

3. Requests for withdrawal of bids prior to opening of such bids shall be transmitted to the NNPS Purchasing Agent in writing.

4. Requests for withdrawal of bids after opening of such bids but prior to award shall be transmitted to the NNPS Purchasing Agent, in writing, accompanied by full documentation supporting the request. The bidder shall give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. If bid bonds were tendered with the bid, NNPS reserves its right to exercise collection.

No bid may 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. If a bid is withdrawn under the authority of this paragraph, the lowest remaining bid shall be deemed to be the low bid. 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.”

P. Disposition of Bids:

All materials submitted in response to this IFB shall become the property of the Owner. One (1) copy of each bid will be retained for official files. Said copy will become public record after award of the contract and will be open to public inspection subject to the Proprietary Information/Disclosure section of this IFB.

Q. Cost of Responding:

This solicitation does not commit the Owner to pay any costs incurred by the Bidder or any other party in the preparation and/or submission of bids or in making necessary studies or designs for the preparation thereof, nor is the Owner obligated to procure or contract for such services.

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III. GENERAL TERMS AND CONDITIONS

A. Definitions The Contract Documents consist of the solicitation for bids, the Bid Pricing Form, the Project Manual dated January 26, 2024, including Drawings and Specifications, Addenda issued prior to the execution of the Contract, and Modifications issued after execution of the Contract.

The Contract is formed by and consists of the Contract Documents.

The Owner is the Newport News School Board also sometimes referred to as the Newport News Public Schools or

NNPS.

The Work means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or part of a Project.

The Extra Work means approved construction and services added to the Project.

The Project is the total construction of which the work performed under the Contract Documents may be the whole or part and which may include construction by the Owner and by separate contractors.

The Drawings are graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

The Specifications are that portion of the Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship for the Work, and performance of related services.

The Owner Representative is the person or entity identified by the Owner to make decisions with respect to the matters requiring the Owner’s approval or authorization.

The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number. The term “Architect” means the Architect or the Architect’s authorized representative.

The Engineer is the person lawfully licensed to practice engineering or an entity lawfully practicing engineering identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number. The term “Engineer” means the Engineer or the Engineer’s authorized representative.

The Project Manager is the person or entity identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number. The term Project Manager means the Project Manager or the Project Manager’s authorized representative.

The Written Notice to Proceed is a document issued by the Owner Representative requiring the Contractor to begin Work within a time specified in the Notice to Proceed.

The Change Order is a written instrument prepared by the Project Manager or Architect/Engineer and signed by the Owner, Architect/Engineer, and Contractor, stating their agreement upon all of the following:

1. a change in the Work;

2. the amount of the adjustment in the Contract Sum, if any; and

3. the extent of the adjustment in the Contract Time, if any.

The Construction Change Directive is a written order prepared by the Project Manager or Architect/Engineer and signed by the Owner, Project Manager (if different from Owner), and Architect/Engineer, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both.

The Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work.

Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.

The Contract Sum is stated in the Contract and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.

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B. Administration of the Contract:

The Project Manager and Architect /Engineer will provide administration of the Contract and will be the Owner’s Representatives (1) during construction and (2) until final payment is made. The Owner’s Representative will advise and consult with the Owner and will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract.

C. Contract Document:

The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification.

The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect /Engineer or the Architect’s/Engineer’s consultants, (2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and the Architect/Engineer or Architect’s/Engineer’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all.

D. Contract Modification(s):

A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect/Engineer. After award, any and all modification to the Contract shall be made by a Modification. The Owner’s standard to modify the Contract is the acceptance of standard AIA documents G701 in its latest edition, properly executed by the Owner, Architect/Engineer, and Contractor with subsequent issuance of a change order (purchase order).

E. Bidder Obligation:

Bidder shall carefully examine the contents of this Invitation for Bid and any subsequent addenda. Failure to do so shall not relieve the Successful Bidder of its obligation to note any exceptions (see Exceptions/Alternatives section) and to fulfill the requirements of this contract

F. Conditions Of Work:

Bidders shall inform themselves fully of the conditions relating to services required herein. Failure to do so will not relieve a Successful Bidder of the obligation to furnish all goods and/or services necessary to carry out the provisions of this contract

G. Bid Binding For Ninety (90) Days:

Bidder agrees that this bid shall be binding and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing date of this Invitation For Bid

H. Prime Contractor:

If in its performance of this contract, Successful Bidder supplies goods or services by or through another party or subcontractor, Successful Bidder agrees that:

1. Successful Bidder shall act as the prime contractor for the goods and services to be provided under contract and shall be the sole point of contact with regard to all obligations under this contract.

2. Successful Bidder represents and warrants that Successful Bidder has made third parties or subcontractors aware of the proposed use and disposition of the other party’s products or services, and that such other party has agreed in writing that it has no objection and that OWNER is not liable to such third parties or subcontractors for any work performed under this contract.

The use of subcontractors and the work they perform must receive the prior written approval of Owner. The Owner will designate a Contract Administrator to approve such work.

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3. Successful Bidder shall be solely responsible for all work performed and materials provided by subcontractors.

4. Successful Bidder shall be responsible for the liability of subcontractors for the types and limits required of the Successful Bidder under this contract.

I. Subcontractors:

Successful Bidder's use of subcontractors and the work they are to perform must receive written approval from the Owner. Successful Bidder shall be solely responsible for all work performed and materials provided by subcontractors.

Successful Bidder shall be responsible for the liability of subcontractors for the types and limits required of the Successful Bidder.

J. Non-Assignment:

Successful Bidder shall not assign its rights and duties under this Agreement without the prior written consent of the NNPS Contract Administrator.

K. Antitrust:

Any perceived anti-trust violation shall be reported to the State Attorney General for possible enforcement of anti-trust laws.

L. Anti-collusion/Nondiscrimination Requirements Form:

The attached “Anti-collusion/Nondiscrimination Requirements” form, on page 2 of this IFB, shall be executed by Bidder and is to be submitted with Bidder’s bid. The requirements set forth on said form shall be considered to be binding terms and conditions in any contract resulting from this IFB. A contract will not be awarded to a Bidder who has not signed the anti-collision/nondiscrimination statement.

M. Compliance with Federal, State, and Local Laws and Federal Immigration Law:

Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

N. Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth:

Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. NNPS may void any contract with the Contractor if the Contractor fails to remain in compliance with the provisions of this section.

O. Hold Harmless/Indemnification:

It is understood and agreed that Successful Bidder hereby assumes the entire responsibility and liability for any and all material damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Successful Bidder, its subcontractors, agents or employees under or in connection with this Contract or the performance or failure to perform any work required by this Contract. Successful Bidder agrees to indemnify and hold harmless Owner and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Contract, and (c) the performance of the work by Successful Bidder or those for whom Successful Bidder is legally liable. Upon written demand by the Owner, Successful Bidder shall assume and

IFB# 014-0-2024/SNB Page 13 of 29 defend at Successful Bidder's sole expense any and all such suits or defense of claims made against the Owner, its agents, volunteers, servants, employees or officials.

P. Notices:

All notices, requests, demands, and elections under this contract, other than routine operational communications, shall be in writing and shall be deemed to have been duly given on the date when hand-delivered, or on the date of the confirmed facsimile transmission, or on the date received when delivered by courier that has a reliable system for tracking delivery, or six (6) NNPS business days after the date of mailing when mailed by United States mail, registered or certified mail, return receipt requested, postage prepaid. All notices shall be addressed to the following individuals:

To Owner: NNPS Contract Administrator as designated in this IFB.

To Successful Bidder: Successful Bidder’s Contract Administrator as defined in Successful Bidder’s bid.

Either party may from time to time change the individual(s) to receive notices and/or its address for notification purposes by giving the other party written notice as provided above.

Q. Non-Responsive Performance:

(1) Delivery Delays: Owner reserves the right to procure goods and/or services to be provided under this contract from other sources in the event Successful Bidder fails to deliver such goods and/or service deliverables in accordance with delivery dates and time frames set forth in this contract.

Unacceptable Deliveries (Rejections): Upon notification by the Owner that goods and/or service deliverables provided by the Successful Bidder under this contract are damaged and/or not of the quality specified by the Owner, such goods and/or service deliverables will be rejected. Successful Bidder shall replace such rejected goods and/or service deliverables immediately or within a reasonable time as determined by Owner.

Successful Bidder shall remove all rejected materials, equipment or supplies from the premises of Owner within ten (10) days of notification. Rejected goods and/or service deliverables not removed from Owner’ premises within ten (10) days will be regarded as abandoned, shall become the property of Owner, and Owner shall have the right to dispose of such items.

Owner Purchase From Alternate Sources: Owner reserves the right to authorize immediate purchase from other sources against delayed deliveries and/or rejections.

The Successful Bidder shall reimburse Owner promptly for excess costs incurred by Owner for such purchases. Any such purchases will be deducted from the contract amount. In the event Owner’ cost of obtaining goods and/or service deliverables from other sources be less, Successful Bidder shall have no claim to the difference.

Liability: Successful Bidder shall be liable to Owner for all costs incurred by Owner as a result of Successful Bidder's failure to perform in accordance with the contract. Successful Bidder's liability shall include, but not be limited to:

Damages and other delay costs, to include costs to procure goods/services from alternate suppliers.

Increased costs of performance, such as extended overhead and increased performance costs resulting from performance delays caused by Successful Bidder and/or rejections of Successful Bidder’s goods and/or service deliverables.

Warranty and rework costs, liability to third party, excess costs, attorney’s fees and related costs incurred by Owner due to non-responsive performance of Successful Bidder.

R. Termination Without Cause:

Owner may at any time, and for any reason, terminate this Contract by written notice to Successful Bidder specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed. Notice shall be given to Successful Bidder by certified mail/return receipt requested, addressed to the Successful Bidder’s Contract Administrator. In the event of such termination, Successful Bidder shall be paid such amount as shall compensate Successful Bidder for the work satisfactorily completed, and accepted by Owner, at the time of termination. In the event Owner terminates this Contract, Successful Bidder shall withdraw its personnel and equipment, cease performance of

IFB# 014-0-2024/SNB Page 14 of 29 any further work under this Contract, and turn over to Owner any work completed or in process for which payment has been made.

S. Termination With Cause/Breach:

In the event that Successful Bidder shall for any reason or through any cause be in default of the terms of this Contract, Owner may give Successful Bidder written notice of such default by certified mail/return receipt requested, addressed to the Successful Bidder’s Contract Administrator. Unless otherwise provided, Successful Bidder shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of the Successful Bidder to cure the default, Owner may immediately cancel and terminate this Contract as of the mailing date of the default notice. Upon termination, Successful Bidder shall withdraw its personnel and equipment, cease performance of any further work under the Contract, and turn over to Owner any work in process for which payment has been made. In the event of violations of law, safety or health standards and regulations, this Contract may be immediately cancelled and terminated by Owner and provisions herein with respect to opportunity to cure default shall not be applicable.

T. Breach of Contract:

Successful Bidder shall be deemed in breach of this contract if the Successful Bidder: Fails to comply with any terms of this contract; Fails to cure such noncompliance within ten (10) calendar days from the date of the Owner written notice or such other time frame, greater than ten (10) calendar days, specified by the NNPS Contract Administrator in the notice. Fails to submit a written response to the Owner notification of noncompliance within ten (10) calendar days after the date of the Owner notice. All notices under this contract shall be submitted, either by fax or certified mail, return-receipt requested, to the respective contract administrator. Successful Bidder shall not be in breach of this contract as long as its default was due to causes beyond the reasonable control of and occurred without any fault or negligence on the part of both the Successful Bidder and its subcontractors. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of Owner in its sovereign capacity, fires, floods, epidemics, strikes, freight embargoes, and unusually severe catastrophic weather such as hurricanes.

U. Applicable Law:

This Contract shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Contract shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia.

V. Compliance With All Laws:

Successful Bidder shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of this contract. Successful Bidder represents that it possesses all necessary licenses and permits required to conduct its business and/or will acquire any additional licenses and permits necessary for performance of this contract prior to the initiation of work. If the Successful Bidder is a corporation, Successful Bidder further expressly represents that it is a corporation of good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the contract and any extensions. All City of Newport News business license, personal property, real estate and other applicable tax requirements shall be met by Successful Bidder.

W. Venue:

Venue shall be in the Circuit Court of the City of Newport News, Virginia, and the United States District Court for the Eastern District of Virginia, Norfolk Division, compliant with applicable laws and regulations, as deemed appropriate by the Owner.

X. Severability:

If any provision of this contract is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this contract, and all other provisions of this contract shall remain in full force and effect.

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Y. Non-Appropriation of Funds:

It is understood and agreed between the parties herein that the Owner shall be bound hereunder only to the extent that the funds shall have been appropriated. In the event no funds or insufficient funds are appropriated, Owner shall immediately notify the Successful Bidder of such occurrence and this Contract shall terminate on the last day funds are available without penalty or expense to the Owner of any kind whatsoever.

Z. Tax Exemption:

The Owner is exempt from federal excise tax and from all State and local taxes. Successful Bidder shall not include such taxes in any invoices under this agreement. Upon request, the Owner will furnish the Successful Bidder with tax exemption certificates or the Owner tax exempt number.

AA. Vendor’s Invoices:

Successful Bidder shall submit to the Owner all invoices promptly upon completion of the requirements for installation, delivery, and acceptance of the Products and Services required under this contract.