IFB 24014HM - LTHS HVAC REPL_PHASE 2_INSTALL ONLY.pdf

Version: 2023.07.30.2 – Construction IFB

INVITATION FOR BIDS (IFB)

ISSUE DATE: FEBRUARY 5, 2024 IFB No. 24014HM

TITLE: Lake Taylor HS Phase 2 HVAC Replacement – Installation Only

COMMODITY CODE: 03113; 03128; DUE DATE/TIME: 2/22/2024 @ 2:00 PM

91017; 91036; 91038; 93667

PRE-BID CONFERENCE ON: 2/12/2024 AT 9:00 AM at Lake Taylor HS, 1384 Kempsville Road, Norfolk, VA 23502

ISSUED BY:

NORFOLK PUBLIC SCHOOLS

DEPARTMENT OF PURCHASING & SUPPLY

800 E. City Hall Avenue, Room 1205 Norfolk, Virginia 23510-2723

Period of Contract: The resulting contract shall be from the date of issuance on the Purchase Order or the Notice to Proceed through August 31, 2024.

Sealed bids subject to the terms and conditions of this request will be accepted by Norfolk Public Schools Purchasing Agent until the due date and time specified. Responses must be submitted electronically via the Bonfire Procurement Platform at https://norfolkps.bonfirehub.com. Additional bid submission instructions can be found under Submission Instructions, within the Scope of Work/Specifications section in this document, Bonfire Submission Instructions in Exhibit A and in the NPS Vendors Manual.

Note: Norfolk Public Schools does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment in the performance of its procurement activity.

ADDENDA ACKNOWLEDGED: NUMBER: DATED: NUMBER: DATED: NUMBER: DATED:

THIS SECTION IS TO BE COMPLETED BY BIDDER’S OR OFFEROR’S AUTHORIZED REPRESENTATIVE.

Name and Address of Firm:

_____________________________________________________ Date: _________________________________________________

_____________________________________________________ By: ___________________________________________________ (Signature In Ink)

_____________________________________________________ Name: ________________________________________________ (Please Print)

_________________________________ Zip Code: _________ Title: _________________________________________________

VA State Corporation Commission (SCC) No.: ______________________ DUNS # ____________________

Virginia Contractor’s License No: _________________________________ CLASS: ____________________

Email: __________________________________________ Website:___________________________________________

FEI/FINT NO: ________________________________________ Phone: _____________________ Fax: _____________________

In compliance with this Invitation for Bids and with all the conditions imposed therein, the undersigned offers and agrees to furnish the Goods/Services at the price(s) indicated in the Section: Pricing Schedule.

https://norfolkps.bonfirehub.com/ http://www.npsk12.com/cms/lib011/VA02208074/Centricity/Domain/753/Vendor-Manual-11-2015.pdf

A. NORFOLK PUBLIC SCHOOLS PROFILE

B. SCOPE OF WORK/SPECIFICATIONS

C. GENERAL TERMS & CONDITIONS

D. SPECIAL TERMS & CONDITIONS

E. METHOD OF PAYMENT

F. PRICING SCHEDULE

G. ATTACHMENTS

ATT 1: State Corporation Commission Form

ATT 2: Anti-Collusion Statement

ATT 3: Debarment Statement

ATT 4: Contractor Background Certification

ATT 5: Pre-bid Question Form

ATT 6: Bid Document – Project Manual

ATT 7: Bid Document - Drawings

ATT 8: Federal Funded Projects Requirements Forms

A. NORFOLK PUBLIC SCHOOLS PROFILE

Norfolk Public Schools (NPS) is a large urban school division in the Norfolk Public School district. The division enrolls a racially and economically diverse population of approximately 30,000 total students supported by a staff of more than 4,600 employees in 52 facilities. The educational philosophy of the division is based on the belief that all children can achieve at high levels and that it is the responsibility of the staff and community to ensure that each child reaches his or her highest potential.

B. SCOPE OF WORK/SPECIFICATIONS

1. PURPOSE

The purpose of this Invitation for Bid (IFB) is to solicit sealed bids for a contractor to provide HVAC removal and replacement services to Norfolk Public Schools (hereinafter referred to as NPS). Bidders responding to this request must be responsible, regularly and practically engaged in providing the goods and/or services requested in this IFB, and possess ample resources for fulfilling requirements as detailed in this IFB. The awarded contractor should also be able to provide reports updating progress, such as a Daily Construction Report (samples may be requested by the awarded contractor), and to attend meetings/briefings with the Owner or the Owner’s Representative to review project status. All bidders shall be actively engaged in this field for a period of not less than three (3) years.

SUMMARY: The Project consists of the removal of the existing HVAC Units and replacing with new HVAC Units. The work involves the removal of the existing HVAC Units and all tasks associated with that process. The Owner shall furnish the HVAC units to be installed at the Work Site Location. Further documentation is included as attachments and are labeled IFB-24014HM ATTACHMENT 6: PROJECT MANUAL and IFB-24014HM ATTACHMENT 7: DRAWINGS.

The work is to be performed at:

Lake Taylor High School, 1384 Kempsville Road, Norfolk, VA 23502

TIME OF COMPLETION:

The Contractor shall substantially complete all work by August 31, 2024, in accordance with the Contract Documents. Final Completion shall be September 30, 2024.

This date is to be stated in the Agreement between Owner and Contractor, and to execute the Agreement in the form of Norfolk Public Schools Agreement between Owner and Contractor, Latest Edition, if notified of award of the contract within forty-five (45) calendar days after the bid opening date. The Undersigned further agrees, if awarded the contract, to execute and deliver Performance and Labor and Materials Payment Bonds on AIA document A312 and 100% of Contract amount.

PERMITS, FEES AND CHARGES:

The Contractor shall pay for all fees and permits related to the construction of the Project, including building permits, unless otherwise noted. The Contractor shall be responsible for making application for and obtaining these permits.

WORK RESTRICTIONS: Time is of the essence on this project. The project shall begin 15 days from the date of the issuance of the Purchase Order or Notice to Proceed. The work needs to be scheduled to avoid impacting instruction (since the school will be occupied).

a. School Hours are from 7:25AM – 2:05PM, Monday through Friday.

b. School will be in session through June 7, 2024. Noisemaking operations are restricted from 7:00AM – 3:00PM. Removal and replacement of equipment cannot be done during school hours.

c. The contractor shall have unrestricted work access from June 10, 2024 through August 24, 2024.

d. Starting on August 27, 2024, if the work is not complete, access for working will be limited to working on weekends, holidays, and before or after the school hours noted.

WORK BY SPECIALIST(S):

Work associated with the removal of the existing roofing, will impact the connections of mechanical equipment, lighting, and other specialty electrical systems. It is the intent of this contract that the temporary removal and reinstallation of those items will be performed by specialists (mechanical and electrical contractors) that are familiar with the removal and reinstallation of equipment and systems.

PRICING SCHEDULE:

The Bidder agrees to lump sum bid amount to include all material, labor, equipment, services, transportation and incidentals in accordance with the conditions of the bid, specifications and contract documents. Must complete Section F: Pricing Schedule and include bid packet.

***This project is Federally Funded and requires the Davis-Bacon wage to be applied to all laborers and mechanics working on the site. ***

3. BID PREPARATION

Questions and Addenda: Bidders shall carefully examine this IFB and any addenda. NPS shall not be responsible for oral clarifications and interpretations. Bidders are responsible for seeking clarifications, in writing, of any ambiguity, conflict, omission, or other errors in the IFB. All questions must be submitted in writing, via email to: hmedina2@nps.k12.va.us. If the answer materially affects the IFB, the information will be incorporated into an addendum and posted on www.eva.virginia.gov. This IFB and any Addenda shall be incorporated, by reference, into any resulting contract. Bidder is responsible for checking the eVA web site or contacting the Issuing Office within 48 hours prior to the bid closing to secure any Addenda issues as part of this IFB.

A. The deadline for submitting questions under this IFB is 9:00 AM EST, February 15, 2024.

Oral comments and/or instructions do not form a part of this IFB. All questions MUST be in the form of an email to Buyer listed on the Cover Page. Bids submitted via fax or email will not be accepted.

Documents to Submit with Bid:

A. Cover Letter with Executive Summary

i. History and structure of firm

ii. Experience and Past Performance B. Qualifications of Firm: Provide number of qualified and certified Paramedics, number of qualified and certified Emergency Medical Technicians and the number of ALS certified ambulances and/or vehicles.

C. Certificate(s) of Insurance: Provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission, Bureau of Insurance and in other states by appropriate regulatory authorities. Upon the award of the contract, School Board of the City of Norfolk (Norfolk Public Schools) must be named as an additional insured. Such coverage shall be kept in force the entire term of the contract and all renewals. A certificate of insurance meeting these same requirements shall be provided for any sub-contractor proposed or scheduled to be used by the contractor who does not have a contract with Norfolk Public Schools to provide Medical Standby & Transportation Services. Except in emergency affecting the life or welfare of passengers, no contractor or sub-contractor shall carry any charter under this contract without having this insurance coverage. Reference all insurance requirements detailed in Section B: General Terms & Conditions.

D. Certification that all drivers, who may be assigned to work under the awarded contract, have mailto:hmedina2@nps.k12.va.us http://www.eva.virginia.gov/ not been, within the preceding five years, convicted of a charge of driving under the influence of intoxicating liquors or drugs, convicted of a felony, or assigned to any alcohol safety action program or driver alcohol rehabilitation program, or within the preceding twelve (12) months, have NOT been convicted of two or more moving traffic violations or have NOT been required to attend a driver improvement clinic by the Commissioner of the Department of Motor Vehicles.

E. Copy of the company’s policy on Drug and Alcohol Testing.

F. Pricing: Must complete Section F: Pricing Schedule and include in bid packet.

G. Company References: List at least three (3) references preferably from a school district that include similar services. Please include: Name, Address, Phone Number and description of the services provided and the time period services were performed. Failure to provide references may be cause of rejections of the bidder’s submittal. Norfolk Public Schools reserves the right to check with all references and consider their response when making the determination for award.

CLIENT/

COMPANY

NAME

MAILING ADDRESS

CONTACT NAME

TELEPHONE

NUMBER

EMAIL

ADDRESS

(Must be included)

SERVICES PROVIDED

AND PERIOD OF

PERFORMANCE

SUBMISSION INSTRUCTIONS

ALL BIDS ARE DUE: Monday, February 22, 2024, at 2:00 PM EST/Norfolk Local Time

And must be submitted On Time via the Bonfire Procurement Platform https://norfolkps.bonfirehub.com.

a. IFB Response: In order to be considered for selection, bidders must submit an electronic response to this IFB via the Bonfire Procurement Platform through https//norfolkps.bonfirehub.com. Electronic bids shall be submitted in accordance with the instructions indicated in Exhibit A. Bidders should submit two (2) electronic versions of the bid with original signatures, – one (1) electronic version of the entire bid (REQUIRED) and one (1) electronic redacted version of the entire bid with all proprietary and trade secret material removed (OPTIONAL), if any, (both in Microsoft-compatible searchable PDF format) must be submitted to the issuing agency. Bidders shall NOT submit/mail hardcopy bids or email/fax bids to the Norfolk Public Schools Purchasing office.

b. NOTE: LATE BIDS WILL NOT BE ACCEPTED. Bids shall be signed by an authorized representative of the company and submitted to Norfolk Public Schools via the Bonfire Procurement Platform up to but no later than the date and time due. When submitting bids via Bonfire, please allow additional https://norfolkps.bonfirehub.com/ time to register (for free) and learn the submission process with the tool. The registration and submission instructions are included in Exhibit B. For any and all technical questions, please contact Bonfire Customer Service at Support@GoBonfire.com or call 1-800-354-8010 Monday- Friday 8am – 8pm EST.

c. All information requested should be submitted. Failure to submit all the information requested may result in Norfolk Public Schools requiring prompt submission of missing information. Norfolk Public Schools may reject bids, which are substantially incomplete or lack key/required information.

Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

The following are some notes to assist you with returning an acceptable Bid Package (This list may not be all-inclusive and is only offered as a reminder. The Bidder is responsible for submitting all required documents.):

• Complete and sign the NPS Cover Sheet (Page 1 of solicitation).

• Make sure all Addenda are acknowledged.

• Enter contact information

• Enter SCC Number

• If applicable, Enter Virginia Contractor’s license and Class

• Enter DUNS Number

• Sign and Date

• References must be submitted and with all requested information

• Attachments, 1, 2, 3, and 4 MUST be completed, signed and have the originals submitted. These are the

SCC Form, Anti-Collusion, Debarment, and Contractor Background Certification forms.

• Complete the Pricing Schedule (Section F – PRICING SCHEDULE) and return it as part of the bid response.

• Submit the original signed and sealed copy for your Bid Bond.

• Handwritten changes must be lined through, initialed and dated.

• DELIVER YOUR BID ON TIME! To be considered, bids must be submitted on time and electronically via the

Bonfire Procurement Platform. Hand delivered bids as well as faxed or emailed bids will not be accepted.

Public opening shall take place via ZOOM video conference immediately following the bid closing. The official time will be determined by the clock as designated by NPS.

NOTE: Bidders only need to return forms where data has been entered or signed.

TENTATIVE SCHEDULE OF EVENTS

Event Date IFB Issued February 5, 2024 Question Deadline February 15, 2024 at 9:00 AM Due Date/Bid Closing (bids due electronically in Bonfire) February 22, 2024 at 2:00 PM Award Notice February 26, 2024

BID OPENING:

The bid opening for this solicitation will continue to be public via electronic conferencing. All potential bidders are welcome to participate in the conference call to occur immediately following the bid closing (for example: 1:10PM). Below is the conference information.

Topic: IFB 24014HM - Bid Opening for Lake Taylor HS HVAC Installation – Phase 2 Time: February 22, 2024, at 2:15 PM Eastern Time (US and Canada)

Join Zoom Meeting https://norfolkpublicschools.zoom.us/j/97085422110?pwd=TzN1TFJjVW9peUIxa3JTdE1BbXRkUT09 mailto:Support@GoBonfire.com

Password: 588456

One tap mobile +19292056099,,93682321161# US (New York) +13017158592,,93682321161# US (Washington DC)

Dial by your location +1 929 205 6099 (New York); +1 301 715 8592 (Washington DC); +1 309 205 3325 +1 312 626 6799 (Chicago); +1 646 931 3860; +1 669 900 6833 (San Jose) +1 719 359 4580; +1 253 215 8782 (Tacoma); +1 346 248 7799 (Houston) +1 386 347 5053; +1 564 217 2000; +1 669 444 9171

Meeting ID: 970 8542 2110

Find your local number: https://norfolkpublicschools.zoom.us/u/aHrrNopwu

EVALUATION FACTORS AND AWARD:

a. An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on lump sum price. Final award will be contingent upon satisfactory validation of prior experience and capabilities from furnished references. If cash discount for prompt payment is offered, it must be clearly shown in the space provided on page 74. Discounts for prompt payment may be considered in making awards.

b. Norfolk Public Schools reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

C. GENERAL TERMS & CONDITIONS

1. VENDORS MANUAL: This solicitation is subject to the provisions of the Norfolk Public Schools Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety.

A copy of the manual is normally available for review at the purchasing office and is accessible on the NPS Purchases and Supply Website on the Internet at https://www.npsk12.com/cms/lib/VA02208074/Centricity/Domain/753/Vendor%20Manual%202017.pdf

2. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Norfolk Public School district, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

3. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth 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 and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to https://www.npsk12.com/cms/lib/VA02208074/Centricity/Domain/753/Vendor%20Manual%202017.pdf account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. 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, sexual orientation, gender identity, 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 the requirements of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

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.

4. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, 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 value, present or promised, unless consideration of substantially equal or greater value was exchanged.

5. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Norfolk Public School district, the Contractor certifies that the 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.

6. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Norfolk Public School district from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

7. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Norfolk Public School district 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 Norfolk Public School district under said contract.

8. MANDATORY USE OF FORM AND TERMS AND CONDITIONS FOR IFB:

Failure to submit a bid on the official form provided for that purpose shall be a cause for rejection of the bid.

Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid;

however, the District reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the District 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 of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

9. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

10. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. 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, regardless of which public agency is being billed.

d. 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 when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. 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 resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the District shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the District, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. 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 District, 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 District.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Norfolk Public School district encourages contractors and subcontractors to accept electronic and credit card payments.

11. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND

CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

12. QUALIFICATIONS OF BIDDERS: The District may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the District all such information and data for this purpose as may be requested. The District reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities.

The District further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the District that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

13. TESTING AND INSPECTION: The District reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

14. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the District.

15. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. 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. The Purchasing Agency 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 Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency 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 Purchasing Agency 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 Purchasing Agency’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 Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency 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 Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. 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 Norfolk Public School district Vendors 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 Purchasing Agency or with the performance of the contract generally.

16. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the District, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the District may have.

17. TAXES: Sales to the Norfolk Public School district are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The District’s excise tax exemption registration number is 54-6001460.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

18. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders 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 equivalent 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 District 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 clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

19. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders 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.

20. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. 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 or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the District of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Norfolk Public School district shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the District is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement $1,000,000 per occurrence, $3,000,000 aggregate Contractors Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

21. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (www.eva.virginia.gov) for a minimum of 10 days.

22. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

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 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ http://www.eva.state.va.us/ 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.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, 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.

23. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, 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.

24. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

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

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

(i) DSBSD-certified Small Businesses: 1%, capped at $500 per order.

(ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

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

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

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

25. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

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

27. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: 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 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act 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. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

28. CIVILITY IN THE WORKPLACE: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “workplace” includes any location, permanent or temporary, where a Norfolk Public Schools district employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations.

Communications are deemed to occur in the district’s workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with the workplace or is associated with a person who is a Norfolk Public Schools district employee.

Norfolk Public Schools may require, at its sole discretion, the removal and replacement of any Contract Worker who the district reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the district and not by employees or other third parties.

D. SPECIAL TERMS & CONDITIONS

GOODS AND NON-PROFESSIONAL SERVICES (SECTION I)

1. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Norfolk Public School district, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

2. AWARD: The District will make the award on a lump sum basis to the lowest responsive and responsible bidder.

The purchasing office reserves the right to conduct any test it may deem advisable and to make all evaluations.

The District also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

3. ASBESTOS: Whenever and wherever during the course of performing any work under this contract, the contractor discovers the presence of asbestos or suspects that asbestos is present, he shall stop the work immediately, secure the area, notify the building owner and await positive identification of the suspect material. During the downtime in such a case, the contractor shall not disturb any surrounding surfaces but shall protect the area with suitable dust covers. In the event the contractor is delayed due to the discovery of asbestos or suspected asbestos, then a mutually agreed extension of time to perform the work shall be allowed the contractor but without additional compensation due to the time extension.

4. AS BUILT DRAWINGS: The contractor shall provide the District a clean set of reproducible “as built” drawings and wiring diagrams, marked to record all changes made during installation or construction.