ITB 126991 Plumbing,Heating, Maintenance and Repair Services (ITB) LN1.pdf

ITB No. 126991 PLUMBING, HEATING, MAINTENANCE, AND REPAIR SERVICES

ALEXANDRIA CITY SCHOOL BOARD

dba

ALEXANDRIA CITY PUBLIC SCHOOLS (ACPS)

INVITATION TO BID (ITB) 126991

FOR

PLUMBING, HEATING, MAINTENANCE, AND REPAIR SERVICES

BIDS DUE: OCTOBER 7, 2026 11:00 AM

ONLY ELECTRONIC RESPONSES VIA eVA (electronic Virginia’s) website will be accepted.

Vendor Registration is required to submit a response. Please use the following link to register for eVA https://eva.virginia.gov/

All Bids shall remain valid for a period of ninety (90) days.

PUBLIC OPENING TIME: 2:00 PM

A virtual Zoom bid opening will occur on October 7, 2026, at 2:00 PM EST. All interested parties may attend by utilizing the following information link.

https://acpsk12.zoom.us/j/5210649345?omn=94627409099

Meeting ID: 521 064 9345

ALEXANDRIA CITY PUBLIC SCHOOLS

DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS

Date of ITB SEPTEMBER 9, 2026 https://eva.virginia.gov/ https://acpsk12.zoom.us/j/5210649345?omn=94627409099

ITB NO.126991 PLUMBING, HEATING, MAINTENANCE, AND REPAIR SERVICES

F

SOLICITATION INFORMATION SHEET

Issue Date: September 9, 2026

PLUMBING, HEATING, MAINTENANCE, AND REPAIR SERVICES

ITB NO. 126991

Commodity Code: 91468, 91060, 93464

Issued By: Alexandria City School Board dba Alexandria City Public Schools (ACPS)

Financial Services / Procurement Office

1340 Braddock Place, Suite 620

Alexandria, Virginia 22314

To Whom It May Concern:

Alexandria City School Board dba Alexandria City Public Schools (ACPS) is seeking bids from qualified bidders to provide plumbing, heating, maintenance, and repair services on an as-needed basis for all ACPS sites and locations. ACPS desires to establish a contract to provide these services at contracted rates.

Each Bidder(s) is solely responsible for ensuring that they have the current, complete version of the PLUMBING, HEATING, MAINTENANCE, AND REPAIR SERVICES ITB NO.

126991 documents, including any addenda, before submitting a bid.

Questions and interpretation of solicitation: all questions must be submitted via email directly to lander.napper@acps.k12.va.us, with the subject line: PLUMBING, HEATING, MAINTENANCE, AND REPAIR SERVICES ITB NO.126991 by or before 3:00 p.m. EST September 21, 2026. No verbal questions shall be allowed.

Interpretations, changes, or clarifications considered necessary by ACPS in response to such questions will be issued via formal Addenda and posted on www.eva.virginia.gov. Bidders are solely responsible for checking regularly for all Addenda.

ACPS reserves the right to cancel this PLUMBING, HEATING, MAINTENANCE, AND REPAIR

SERVICES ITB and/or reject any or all bids and to waive any informality in any bid. Bids received after the date and time specified shall not be accepted or considered.

Respectfully, Lander Napper

Buyer II mailto:lander.napper@acps.k12.va.us

TABLE OF CONTENTS

INVITATION TO BID ITB 126991 FOR

PLUMBING, HEATING, MAINTENANCE, AND REPAIR SERVICES

Section Description Page

1. Purpose

2. Background

3. Bid Timeline Overview

4. Non-Mandatory Pre-Bid Conference

5. Bid Opening

6. Time of Completion

7. Interpretation of Solicitation

8. Bid Evaluation / Contract Award

9. Method of Source Selection

10. Submittal Procedures

Scope of Work / Technical Specifications

Introduction 11-14

Sample Contract

Attachment A – Bid Submission Forms / Pricing Schedule 31 - 44

– References

– Certifications / W-9

– Insurance Requirements

– Criminal Convictions Certification

ITB NO.126991

SOLICITATION INSTRUCTIONS

1. PURPOSE

1.1. Alexandria City Public Schools (ACPS) invites sealed bids from qualified and responsible contractors to provide Plumbing, Heating, Maintenance, and Repair Services in accordance with this Invitation to Bid (ITB), the Scope of Work/Technical Specifications, and the resulting contract

2. BACKGROUND

2.1. Alexandria City Public Schools consists of twenty-three (23) buildings at twenty-three (23) locations in the City of Alexandria. These buildings comprise of approximately 2.1 million square feet of space. The buildings are designated to receive PLUMBING, HEATING, MAINTENANCE, AND REPAIR SERVICES

3. BID TIMELINE OVERVIEW

3.1. Listed below are the tentative timeframes for events related to the ITB and ACPS’ due diligence process. The activities with specific dates must be completed as indicated unless otherwise changed by the ACPS. ACPS reserves the right to modify any timeframe or deadline in this ITB.

In the event that the ACPS finds it necessary to change any timeframe or deadline listed below or in this ITB, it will do so by issuing an addendum to the ITB

4. NON-MANDATORY PRE-BID CONFERENCE IN PERSON

The Pre-Bid Conference will be held in person at:

Alexandria City Public Schools

1340 Braddock Place

Alexandria, VA 22314

Conference Room 620– 6th Floor

Date: Wednesday, September 16, Time: 9:00 am

Parking and Building Access:

Event Timeframe

Invitation to Bid Issuance Wednesday, September 9, 2026

Non-Mandatory In-Person Pre-Bid

Conference Wednesday, September 16, 2026 at 9:00 a.m. EST

Deadline for Receipt of Questions Monday, September 21, 2026, at 3:00 p.m. EST

Addendum Posted Thursday, October 1, 2026

Bids Due Wednesday, October 7, 2026, at 11:00 am

Bid Opening Wednesday, October 7, 2026, at 2:00 pm

Solicitation Instructions

Due to ongoing construction in the area, street parking is limited. Attendees are strongly encouraged to allow sufficient time for parking and building entry.

Street Parking: If entering the building from the street, please allow additional time to sign in at the front desk and obtain a visitor identification tag before proceeding to the conference room.

Parking Garage: If parking in the garage, take the elevator to the Lobby level. Upon entering the building, please sign in at the front desk and obtain a visitor identification tag, then proceed to the

6th Floor, Conference Room 620.

All attendees are encouraged to arrive early to allow adequate time for parking, building access, and visitor registration prior to the scheduled start of the Pre-Bid Conference.

5. BID OPENING

A virtual Zoom bid opening will occur on Wednesday, October 7, 2026, at 2:00 PM EST. All interested parties may attend by utilizing the following information link.

https://acpsk12.zoom.us/j/5210649345?omn=94627409099

Meeting ID: 521 064 9345

6. TIME OF COMPLETION

6.1. The period of this contract shall be one year from the date of award of the initial term. ACPS reserves the right to renew the contract for four (4) additional one-year periods.

7. INTERPRETATION OF SOLICITATION

7.1. Any questions pertaining to this solicitation shall be directed to:

Attn: Lander Napper Buyer II 1340 Braddock Place, Suite, 620 Alexandria, VA 22314 Email: lander.napper@acps.k12.va.us

7.2. All questions must be submitted via email, with the subject line with the ITB number and the title of the solicitation on or before 3:00 p.m. September 21, 2026, 3:00 p.m. EST, no verbal questions shall be allowed. Include the ITB number and the title of the solicitation in the subject line of the email questions and answers via an addendum will be acknowledged as part of the clarification or change that may

7.3. If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the ITB, it shall immediately notify the point of contact of this solicitation of such error in writing and request modification or clarification of the ITB. Any Bid that includes assumed clarifications and/or corrections without the required authentication of the same shall be subject to rejection by ACPS.

7.4. Interpretations, changes, or clarifications considered necessary by ACPS in responses to such questions will be issued via formal Addenda and posted to the website at www.eva.virginia.gov.

Bidders are solely responsible for checking www.eva.virginia.gov regularly for all Addenda.

https://acpsk12.zoom.us/j/5210649345?omn=94627409099 mailto:lander.napper@acps.k12.va.us file://///COMS1/HOME/Purchasing/2%20CONTRACTS/Contract%20Folder/2027000-2027400/ITB%20126991%20Plumbing,Heating,%20Maintenance%20and%20Repair%20Services%20(ITB)%20LN/www.eva.virginia.gov%20

8. BID EVALUATION / CONTRACT AWARD

8.1. All items listed in this solicitation will be awarded on the basis of the lowest responsive responsible bidder meeting the requirements of the unit price of the technical specifications. To include possible multiple awards

8.2. Procurement will post the Bid Tabulation on the www.eva.virginia.gov website within 72 hours after the bid opening.

8.3. Public Notice of Award will be posted to the website at www.eva.virginia.gov.

End of Special Provisions

9. METHOD OF SOURCE SELECTION

9.1. ACPS is using the competitive sealed bid method of source selection for this procurement, as authorized by the Virginia Code §2.2-4302.1. If an award(s) is made, ACPS will issue a Purchase

Order to the lowest responsive and responsible Bidder(s).

9.2. It is ACPS’s intent that this solicitation promotes competition. It shall be the Bidder’s responsibility to advise ACPS if any language, requirements, or specifications restrict or limit the purchase to a single source. Such notification must be received by the ACPS Procurement

Department no later than seven (7) calendar days prior to the bid opening date and time. A review of such notification will be made and the bidder will be notified of the results of the review.

10. SUBMITTAL PROCEDURES

10.1. Only electronic responses via eVA (electronic Virginia’s) website will be accepted. Vendor

Registration is required to submit a response, please use the following link to register and upload bids in eVA: https://eva.virginia.gov/. The registration process must be completed before submitting any response to a solicitation, so allow enough time to complete that process first.

Submissions are accepted prior to the Bid closing date and time. Allow adequate time for bid submissions and uploads. No paper copies are allowed. Should you experience system issues prior to bid due date and time, the bidder shall notify the Procurement Officer immediately.

10.2. Bids received after the date and time specified shall not be accepted or considered.

10.3. Bidders may submit an additional file as a redacted copy that includes the removal of all proprietary items and include in the file name as “Redacted for Proprietary Information”. If no proprietary information is removed, Bidder shall in its written transmittal letter make such statement.

10.4. ACPS reserves the right to cancel this ITB and/or reject any or all Bids, to waive informalities in any Bid, and to award to the Bidder whose Bid is, at the sole discretion of ACPS, determined to be in the best interest of Alexandria City Public Schools.

10.5. Each Bidder is solely responsible for ensuring that such Bidder has the current, complete version of the ITB documents, including any addenda, before submitting a Bid. ACPS is not responsible for any ITB obtained from any source other than ACPS.

https://www.acps.k12.va.us/Page/497 https://eva.virginia.gov/

1. All signed addenda forms, confirming receipt of all clarification, changes, and/or modifications made to the ITB (if applicable)

2. Bidder’s Proposal Form (Attachment A)

3. Pricing Schedule (Attachment A) Stand-alone Attachment to be filled out

4. Debarment Certification (Attachment A)

5. Subcontractor and Suppliers Form (Attachment A)

6. Bidder’s Reference Form (Attachment B)

7. Prior Judgments Certification (Attachment C)

8. Prior Convictions Certification (Attachment C)

9. Completed W9 (Attachment C)

10. Insurance Requirements (Attachment D)

11. Criminal Conviction Certification (Attachment E)

12. Copy of State Contractors License or provide the license number and class on the pricing schedule

11. EXAMINATION OF SOLICITATION DOCUMENTS

11.1. It is the responsibility of each Bidder to examine thoroughly the Solicitation Documents and other related data identified in the solicitation before submitting a Bid in response to the ITB.

12. BID ACCEPTANCE

12.1. Submission of a signed Bid is certification by the respective bidder that it is registered with the

Virginia State Corporation Commission, if applicable, it is the legal entity authorized to enter into an agreement with ACPS, and that it will accept any award made to it as a result of the submission.

13. EXCEPTION

13.1. Exceptions to the ITB requirements and the included sample contract agreement ARE NOT

ALLOWED. Taking exception to the ITB requirements may result in a conditional Bid.

Conditional Bids are not acceptable and may be rejected in whole or in part.

13.2. A Bid shall contain the original signature of an individual who is authorized to bind the Company.

The signature should be provided on the Bid Submission Forms and on all other Bid documents where a signature is required.

14. NEW MATERIAL

14.1. Unless otherwise provided for in this solicitation, the Bidder represents and warrants that the goods, materials, supplies, or components offered to ACPS under this solicitation are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the Bidder believes that furnishing used or reconditioned goods, materials, supplies or components will be in the best interest of ACPS, the Bidders shall so notify

ACPS’ Director of Procurement in writing no later than fourteen (14) calendar days prior to the date set for opening the Bids. The notice shall include the reasons for the request and any benefits which may accrue to ACPS. If the Director of Procurement authorizes the bidding of used or reconditioned goods, materials, supplies or components it shall be published for all interested

Bidders in an addendum.

15. WAIVER OF INFORMALITIES

15.1. ACPS reserves the right to waive minor defects or variations from the exact requirements of the solicitation in a bid insofar as those defects or variations do not affect the price, quality, quantity, or delivery schedule of the goods, services and/or construction being procured. If insufficient information is submitted for ACPS to properly evaluate the bid by a bidder, ACPS reserves the right to require such additional information as it may deem necessary after the bid opening time and date, provided that the information requested does not change the price, quality, quantity, or delivery schedule for the goods, services, or construction being procured.

16. BID AND PRESENTATION COSTS

16.1. ACPS shall not be liable in any way for any costs incurred by any Bidder in the preparation of its

Bid in response to the ITB.

17. TIE BIDS

17.1. If two (2) or more Bidders submit Bids that are identical as to price, quality, and service, preference shall be given to goods produced in Virginia or goods or services or construction provided by Virginia persons, firms, or corporations; otherwise, the tie shall be decided by lot or as hereinafter provided.

17.2. Whenever any Bidder is a resident of any other state and such state under its laws allows a resident contractor of that state preference, a like preference may be allowed to the lowest responsible Bidder who is a resident of Virginia.

18. DURATION OF BIDS

18.1. Bids shall be valid for a minimum of 90 days following the deadline for submitting bids. If an award is not made during that period, all bids shall be automatically extended for another 90 days. Bids will be automatically renewed until such time as either an award is made or proper notice is given to ACPS of Bidder's intent to withdraw its bid. Bids may only be withdrawn by submitting written notice at least seven days before the expiration of the then current 90-day period.

19. NEGOTIATIONS WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER.

19.1. If the bid by the lowest responsive and responsible bidder exceeds available funds, ACPS reserves the right to negotiate with the apparent low bidder pursuant to §2.2-4318 Code of

Virginia, and the School Board Policy. The conditions and procedures under which such negotiation may be undertaken are that the Director of Procurement shall determine that the lowest responsive and responsible bid exceeds available funds and notify such bidder of its desire to negotiate. Thereafter, negotiations with the apparent low bidder may be held to obtain a contract within available funds involving discussions of reduction of quantity, quality, or other cost saving mechanisms. Any such negotiated contract shall be subject to final approval in the sole discretion of ACPS.

20. PROTEST

20.1. ACPS’s procedures for the protest of a Bid award shall follow those as listed in the Virginia

Public Procurement Act (VPPA) pursuant to §2.2-4360, as well as those listed in the ACPS

School Board Policy and Procedures documents.

21. BID WITHDRAWAL PROCEDURE

21.1. A Bidder may withdraw its Bid from consideration at any time prior to the bid opening by notifying the ACPS Director of Procurement in writing.

21.2. Subsequent to the commencement of the bid opening procedure, a Bidder may withdraw its Bid from consideration if the price bid was substantially lower than other Bids due solely to a mistake therein, provided:

a. That the Bid was submitted in good faith;

b. And the mistake was a clerical mistake as opposed to a judgment mistake 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 the Bid; and

c. That the unintentional nature of the arithmetic error or omission is clearly shown to the

Procurement Director’s satisfaction by objective evidence drawn from original work papers, documents, and materials used in the preparation of the Bid sought to be withdrawn. Written notice of the Bid withdrawal must be provided by the Bidder within two (2) Business Days of the conclusion of the bid opening procedure. By close of business on the second business day following the written notice of withdrawal, the Bidder must submit to the ACPS’ Director of Procurement all original work papers, documents, and materials used to prepare the Bid.

21.3. The aforementioned notice and documents must be delivered in person or by registered mail to the ACPS Director of Procurement. The ACPS Director of Procurement’s determination shall be made in writing within seven (7) calendar days of receipt of the notice of the Bid withdrawal, shall state the reason for denial of the request for withdrawal (if applicable), and may only be based upon the original work papers, documents, and materials delivered as requested above.

22. INSURANCE REQUIREMENTS

22.1. The Bidder also acknowledges that evidence of required insurance coverage must be submitted soon after contract award and that ACPS may rescind its acceptance of the Bidder’s Bid upon the failure of the Bidder to promptly provide the evidence of insurance (Reference Bid

Submission Forms, Insurance Requirements).

23. COOPERATIVE PROCUREMENT

23.1. The procurement of goods and/or services provided for in this solicitation is being conducted pursuant to Virginia Code Section 2.2-4304 and on behalf of other public bodies in Virginia.

Unless specifically prohibited by the Awarded Bidder, any resultant contract may be used by other public bodies in Virginia as allowed by Section 2.2-4304. The Awarded Bidder shall deal directly with each public agency or body seeking to obtain any goods and/or services pursuant to the resulting Contract or from this procurement and in accordance with Virginia Code Section

2.2-4304. ACPS shall not be responsible or liable for any costs, expenses, or any other matters of any type to either the Contractor or the public agency or body seeking to obtain any goods and/or services pursuant to this cooperative procurement provision.

24. PROPRIETARY INFORMATION

24.1. Except as provided herein or as otherwise set forth in §2.2-4342 of the Virginia Public

Procurement Act (Va. Code Ann. §2.2-4300 et seq., the “Act”), all proceedings, records, contracts and other public ITB records relating to procurement transactions shall be open to inspection in accordance with the Virginia Freedom of Information Act (Va. Code Ann. §2.2-

3700 et seq., the “Virginia FOIA”).

24.2. A Bidder, Bidder or Contractor shall have the right to identify data or other materials submitted in connection with this procurement as trade secrets or proprietary information, which shall not be subject to inspection pursuant to either §2.2-4342 of the Act or the Virginia FOIA, by submitting to ACPS prior to or at the time of submission of its bid a separate, written notice on its letterhead stationery setting forth the following: (i) a statement indicating that the Bidder, Bidder, or Contractor wishes to invoke the protections of this section; (ii) an identification of the data or other materials for which protection is sought; and (iii) a statement with regard to why protection is necessary.

25. QUALIFICATION OF BIDDER

25.1. Each bidder may be required, before the award of a contract, to show to the complete satisfaction of ACPS’ Procurement Office that it has the necessary facilities, ability, and financial resources to comply with the contract and furnish the service, material, or goods specified herein in a satisfactory manner. Failure to qualify according to the foregoing requirements will justify bid rejection by ACPS.

26. TRANSPORTATION AND DELIVERY

26.1. Bidder’s prices shall include all charges for packing, handling, freight, and storage.

End of Solicitation Instructions

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Technical Specifications ITB No.126991

SCOPE OF WORK

A. INTRODUCTION

The Contractor shall provide all supervision, labor, tools, equipment, transportation, and permits required for the complete and satisfactory performance of the Work. No “portal-to-portal” charges or fuel surcharges are permitted under the awarded Contract.

1.0 Services:

1.1 Work performed by the Contractor is limited to Testing, CCTV Inspection and Plumbing Repair

Services. Work not listed in the specific service calls section will be done on a Time and Material basis and require the submission of a detailed, written Not to Exceed Cost Proposal from the

Contractor. The following are examples of anticipated plumbing and heating system repair work under this Contract:

1.1.1 Restoration of water service

1.1.2 Repair to plumbing and plumbing-related heating systems

1.1.3 Heating boiler maintenance and repairs

1.1.4 Welding services

1.1.5 Sewer lateral and water service repairs

1.1.6 Sewer cleaning and capping

1.1.7 Providing installation or hookup service for plumbing or heating-related equipment and appliances provided to the Contractor by ACPS

1.1.8 Adding or replacing existing plumbing fixtures, water or drain services

1.1.9 Bringing new water or drain service to a building, relocatable trailers or a room within a building

1.1.10 Other commercial plumbing services necessary to correct a plumbing problem

1.1.11 Repairs necessary based on the findings of Specific Service Calls

1.2 Specific Service Calls

1.2.1 CCTV Inspection

1.3 Emergency Service Calls

1.3.1 The Contractor shall respond on-site within four (4) hours after notification for an

Emergency Service Call.

1.3.2 The Contractor shall provide an emergency phone number to ACPS for service required outside of regular business hours. This number shall be monitored and responded to by the Contractor, twenty-four (24) hours a day, seven (7) days a week.

2.0 Estimates:

All installation and repair work require the submission of a detailed, written Not to Exceed Cost

Proposal from the Contractor.

2.1 The Cost Proposals shall be furnished by the Contractor at no charge and are considered an overhead item

2.2 The Contractor shall inspect each site upon request within four (4) business days after initial contact from ACPS, to ascertain the site conditions and work to be performed. Within four

(4) business days of visiting the site(s), the Contractor shall be required to provide a Formal

Cost Proposal for the entire work to be completed in accordance with the Contract requirements and instructions listed in the Contract, Project Manual and/or drawings. The

Cost Proposals are to be detailed, outlining the unit prices and materials. All Cost Proposals shall be based on the unit prices The unit prices will also be used for additions and/or deletions of work identified in the cost proposal. Unit Prices shall include all labor, tools, profit, and, overhead as may be necessary to complete the requested work.

2.2.1 Materials will be reimbursed at a percentage discount from a Contractor-provided written copy or website containing the Contractor-provided Parts List or a

Contractor provided Manufactures Suggested Retail Price (“MSRP”) List

2.3 Unusual Equipment Requirements

If the project assigned requires the use of rental equipment including by way of illustration and not limitation, boom lifts, scissor lifts and backhoes, the estimated costs of the additional equipment and/or services shall be identified in the Contractor’s Formal

Cost Proposal. If ACPS accepts the use of rental equipment, the Contractor will be reimbursed for the actual amount of the cost of such equipment with no markup. The

Contractor shall make every attempt to obtain the lowest price for rental equipment provided under the Contract. ACPS reserves the right to have others provide the additional equipment.

2.4 Any Cost Proposal greater than $200,000.00 may be subject to a separate solicitation.

3.0 Materials:

3.1 All materials furnished under this Contract shall be new and original manufacturer’s recommended or authorized replacement parts. Use of manufacturer’s rebuilt parts and/or components shall be authorized by the ACPS Project Officer and shall carry the same warranty as new parts or components. Use of used parts is strictly prohibited unless specifically authorized by the APS project Officer.

3.2 Contractor(s) shall make every attempt to obtain the lowest price for materials provided under the Contract(s).

3.3 The Contractor(s) agree that ACPS may, at its option and sole discretion, provide materials or fixtures to the Contractor(s) for installation by the Contractor(s) at the Contract unit prices.

3.4 All Warranties shall be in effect for the entirety of the Warranty Period, or the manufacturer’s standard warranty, whichever is longer. In the event corrective work is required during the Warranty Period, the Warranty on the repaired Work shall extend for one (1) year from the date of acceptance by ACPS of the completed repairs. The Warranty shall include all parts, labor, transportation, and any other costs necessary to keep the product in good operating condition, but shall not be applicable to damage caused by

Owner’s misuse of the item or due to normal wear and tear. If seasonal limitations prevent any required performance testing of the completed Work, the Warranty Period for such

Work shall begin after the performance tests have been successfully performed.

3.5 No date other than the date of final acceptance may be established to govern the effective date of the Guaranty, unless that date is agreed upon by ACPS and the Contractor(s) in a signed Addendum to the Contract.

3.6 Standard tools of the trade and trade consumables shall be available to the Contractor's personnel from their service vehicle. Tools of the trade and other trade consumables are not valid Contract expenses. The cost of consumables (including, by way of illustration and not limitation, solder, caulking, tape, wirenuts, fasteners, gases and other consumable items) are considered administrative expenses. These shall be included as part of the hourly rates bid.

4.0 Personnel:

4.1 The Contractor’s personnel assigned to any resulting Contract shall be equipped with all tools required to perform the job.

4.2 The Contractor shall have sufficient tradesmen available to perform all assigned work under any resulting Contract.

4.3 If any person employed on the work by the Contractor shall appear to the ACPS Project

Officer to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately on the request of the ACPS Project Officer, and shall not again be re-employed (on subject project) except on written consent of the ACPS Project Officer.

4.3.1 Alcoholic beverages and illegal drugs are prohibited on the job site. Possession of any of these items on the job site by a Contractor’s employee will result in immediate removal of the individual from the site.

4.3.2 The use of tobacco is prohibited on ACPS property by anyone at any time.

4.4 ACPS reserves the right to reject any of Contractor's service personnel who, in ACPS' judgment, are not adequately qualified to perform the work.

4.5 A Contractor’s vehicle parked at an ACPS site other than in a parking space or at on-street parking will be clearly labeled with the Contractor’s name.

4.6 When entering any ACPS building, the Contractors’ employees shall have picture identification. Identification shall include employees photograph and name. The

Contractor’s employees are required to check-in at each location with the Main Office or the Building Manager when reporting to the work site. Prior to leaving a site, the

Contractor’s employees will also be required to check-out with the Main Office and/or the

ACPS Project Officer.

5.0 ASSET ESSENTIALS WORK ORDER MANAGEMENT SYSTEM

5.1 ACPS utilizes the Asset Essentials Work Order Management System to assign, track, document, and close maintenance and repair work performed at ACPS facilities. The

Contractor shall utilize Asset Essentials, or any successor work order management system designated by ACPS, in accordance with ACPS procedures throughout the term of the

Contract.

5.2 Contractor personnel assigned to perform services at ACPS facilities shall be trained and sufficiently proficient in the use of Asset Essentials to properly receive, review, update, document, and close assigned work orders. ACPS will provide or coordinate applicable system access and/or instructions necessary for the Contractor’s use of the system.

5.3 Work orders may be generated by ACPS and assigned electronically to the Contractor through Asset Essentials. Upon receipt of an assigned work order, the Contractor shall acknowledge receipt, schedule the required service, and maintain accurate and timely status information within the system.

5.4 The Contractor shall provide timely updates within Asset Essentials regarding the status and progress of assigned work, including, as applicable, scheduling information, technician activity, work performed, materials utilized, service findings, recommendations, and completion status.

5.5 Upon completion of an assigned service call or work order, the Contractor shall:

a. Document the work performed and the date of completion;

b. Upload the completed service/work ticket and any required supporting documentation;

c. Upload the applicable invoice or other billing documentation when directed by

ACPS; and

d. Mark the work order completed in Asset Essentials in accordance with ACPS procedures.

5.6 Information entered into Asset Essentials shall be complete, accurate, and sufficiently detailed to allow ACPS to verify the services performed and associated charges. Work orders shall not be considered administratively complete until all required documentation has been submitted and the applicable work order has been properly updated or closed.

5.7 Compliance with ACPS work order management procedures, including required use of

Asset Essentials, shall be considered part of the Contractor’s performance obligations under the Contract. Contractor personnel shall comply with reasonable ACPS instructions concerning system use, documentation, and work-order processing.

End of Scope of Work

SAMPLE /Contract

ALEXANDRIA CITY SCHOOL BOARD

dba ALEXANDRIA CITY PUBLIC SCHOOLS

ALEXANDRIA, VIRGINIA

And

Successful Bidder(s) Name

This Agreement (hereinafter “Agreement”, or “Contract”) dated _____________ is made by and between the Alexandria City School Board dba Alexandria City Public Schools (hereinafter referred to as

“ACPS”), a public entity and/or political subdivision of the Commonwealth of Virginia with offices located at 1340 Braddock Place, Alexandria, Virginia 22314, and _________________, a

_______________ duly organized under the laws of State of _____________, who is authorized to do business in the Commonwealth of Virginia with a principal place of business at

________________________________________, (hereinafter referred to as the “Contractor”).

RECITALS

WHEREAS, pursuant to the Virginia Public Procurement Act (“VPPA”), §2.2-4302.1 ACPS received bids in response to Invitation to Bid (ITB) Number 126991

WHEREAS, ACPS after careful review determined the Contractor meets all the criteria as set forth in the ITB and is awarding this contract as it offers the most advantageous bid to ACPS;

NOW, THEREFORE, with the intent to be legally bound hereby, the parties to this Agreement set forth the following as the terms and conditions of their understanding and in consideration of the mutual promises contained herein, ACPS and Contractor agree as follows:

A. AGREEMENT DOCUMENTS

The Agreement is comprised of the following documents:

1. The terms and conditions of this Agreement, including all written and properly executed modifications, amendments and change orders after execution of this Agreement by an authorized representative of the parties;

2. Exhibit A – The Original Bid Submission Forms from Invitation to Bid No.126991, submitted and duly signed by the Contractor, dated _____________________ to;

3. The Invitation to Bid No. 126991 in its entirety is hereby incorporated by reference along with all addenda;

Where the terms and provisions of this Agreement vary from the terms and provisions of the other

Agreement Documents, the terms and provisions of this Agreement shall prevail over the other

Agreement Documents.

The Agreement Documents set forth the entire Agreement between ACPS and the Contractor. ACPS and the Contractor agree that no representative or agent of either of them has made any representation or promise with respect to the parties’ Agreement which is not contained in the Agreement Documents.

The Agreement Documents may be referred to herein as the “Contract” or “Agreement.”

B. SCOPE OF WORK

The Contractor will furnish all labor, materials, and equipment to provide PLUMBING, HEATING, MAINTENANCE, AND REPAIR SERVICES (the “Project”) and all other work shown, described and required in the Agreement Documents (hereinafter “the Work"). The Work shall be performed in accordance with the standards established by the Agreement Documents, read together as a single specification. It shall be the obligation of the Contractor to obtain clarification from the Contracting

Officer’s Technical Representative (COTR) concerning any questions about or conflicts in the specifications or the Work. The Agreement Documents set forth the minimum Work that ACPS and the Contractor estimate is necessary to complete the Work. It shall be the Contractor's responsibility, at the Contractor's sole cost, to provide sufficient services to fulfill the purposes of the Work.

Nothing in the Agreement Documents shall be construed to limit the Contractor's responsibility to manage the details and execution of its Work.

C. CONTRACT TERM

The period of this contract shall be one year from the date of award of the initial term. ACPS reserves the right to renew the contract for four (4) additional one-year periods.

D. AGREEMENT AMOUNT

ACPS will pay the Contractor according to the unit prices shown in Exhibit A. The Contract Amount includes all of the Contractor's costs and fees (profit) and is inclusive of all anticipated or known site conditions, anticipated or known materials, labor, and equipment costs, or any other costs which should reasonably have been expected by the Agreement Documents.

E. AVAILABILITY OF FUNDS

All funds for payment by ACPS under this Agreement are subject to the availability of an annual appropriation for this purpose by ACPS. In the event of non-appropriation of funds, ACPS will terminate the Agreement, without the termination charge or other liability to ACPS on the last day of the then current fiscal year or when the appropriation made for the then current year for the services covered by this Agreement is spent, whichever event occurs first. If funds are not appropriated at any time for the continuation of this Agreement, cancellation will be accepted by the Vendor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and ACPS shall not be obligated under this Agreement beyond the date of termination specified in ACPS’s written notice.

F. CONTRACTUAL PROVISIONS

1. INDEMNIFICATION

1.1 The Contractor covenants for itself, its employees, and subcontractors to save, defend, hold harmless and indemnify the ACPS, and all of its elected and appointed officials, officers, current and former employees, agents, departments, agencies, boards, and commissions (collectively the “ACPS” for purposes of this section) from and against any and all claims made by third parties or by the ACPS for any and all losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, demands or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor’s acts or omissions, including the acts or omissions of its employees and/or subcontractors, in performance or nonperformance of the work called for by the Contract Documents. This duty to save, defend, hold harmless and indemnify shall survive the termination of this Contract. If, after notice by the ACPS, the Contractor fails or refuses to fulfill its obligations contained in this section, the Contractor shall be liable for and reimburse the ACPS for any and all expenses, including, but not limited to, reasonable attorney fees incurred and any settlements or payments made. The Contractor shall pay such expenses upon demand by the ACPS and failure to do so may result in such amounts being withheld from any amounts due to Contractor under this Contract.

2. TERMINATION

2.1 Termination for Convenience: The performance of work under this Agreement may be terminated by ACPS in whole or in part whenever ACPS determines that such termination is in the best interest of ACPS. Any such termination shall be affected by the delivery to the Contractor of a written notice of termination at least fifteen (15) days before the effective date of termination, specifying the extent to which performance of the work under this Agreement is terminated and the date upon which such termination becomes effective.

2.2 Termination for Cause: The Contract shall remain in force for Agreement Period and until

ACPS determines that all of the following requirements and conditions have been satisfactorily met: ACPS has accepted the Work, and thereafter until the Contractor has met all requirements and conditions relating to the Work under the Agreement Documents, including warranty and guarantee periods. However, ACPS shall have the right to terminate this Agreement sooner if the Contractor is in breach or default or has failed to perform satisfactorily the Work required, as determined by ACPS in its discretion.

2.3 If ACPS determines that the Contractor has failed to perform satisfactorily, then ACPS will give the Contractor written notice of such failure(s) and the opportunity to cure such failure(s) within at least fifteen (15) calendar days before termination of the Agreement takes effect (“Cure Period”). If the Contractor fails to cure within the Cure Period or as otherwise specified in the notice, the Agreement may be terminated by ACPS. Upon such termination, the Contractor may apply for compensation for services satisfactorily performed by the Contractor, allocable to the Agreement and accepted by ACPS prior to such termination unless otherwise barred by the Agreement (“Termination Costs”). In order to be considered, such request for Termination Costs, with all supporting documentation, must be submitted to the ACPS Director of Procurement within fifteen

(15) business days after the expiration of the Cure Period. ACPS may accept or reject, in whole or in part, the application for Termination Costs and notify the Contractor in writing of same within a reasonable time thereafter.

2.4 Termination for Breach and Default: If ACPS terminates the Agreement for default or breach of any Agreement provision or condition, then the termination shall be immediate after written notice from ACPS to the Contractor (unless ACPS in its sole discretion provides for an opportunity to cure) and the Contractor shall not be permitted to seek

Termination Costs.

Upon termination pursuant to paragraphs above within this section, the Contractor shall be liable to ACPS for all costs incurred by ACPS after the effective date of termination, including costs required to be expended by ACPS to complete the work covered by the

Agreement, including costs for delay in completing the Work or the cost of repairing or correcting any unsatisfactory or non-compliant work performed by the Contractor. Such costs shall be either deducted from any amount due to the Contractor or shall be promptly paid by the Contractor.

3. FORCE MAJEURE

3.1 The Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by this Contract if such failure is due to fires, riots, rebellions, natural disasters, wars, acts of terrorism, or an act of God beyond the control of the

Contractor and outside the scope of the Contractor’s then-current, by industry standards, disaster plan that make performance impossible or illegal, unless otherwise specified in the Contract.

3.2 ACPS shall not be held responsible for failure to perform its duties and responsibilities imposed by the Contract if such failure is due to fires, riots, rebellions, natural disasters, wars, acts of terrorism, or an act of God beyond the control of the ACPS that make performance impossible or illegal, unless otherwise specified in the Contract.

4. SUSPENSION OF WORK

4.1 ACPS may in its sole discretion suspend any and or all activities under this Contract, at any time, when in it is in the best interests of ACPS to do so. ACPS will provide the

Contractor written notice outlining the particulars of suspension. After receiving a suspension notice, the Contractor shall comply with the notice and shall not make any attempted delivery until subsequent notice from ACPS authorizing resumption of work, at which time activity shall resume. Suspension of work shall not entitle the Contractor to any additional compensation.

4.2 The Contractor shall within forty-eight (48) hours of receipt of ACPS’ issued Purchase

Order (PO) and/or Notice to Proceed (NTP) shall notify ACPS in writing if there are any potential delays and also furnish solutions to mitigate the delay. Evidence of inability or intentional delays shall be cause for Contract termination.

5. AMENDMENTS

5.1 Unless otherwise specified herein, this Agreement shall not be amended except by written amendment executed by persons dully authorized to bind the Contractor and ACPS.

5.2 ACPS may unilaterally require, by written notice to the Contractor changes adding to, or deducting from the Purchase Order quantities. ACPS may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance.

Such equitable adjustment requires written consent of the Contractor, which shall not be unreasonably withheld.

6. INDEPENDENT CONTRACTOR

6.1 The Contractor is an independent contractor, and neither the Contractor nor its employees or subcontractors will, under any circumstances, be considered employees, servants or agents of ACPS. ACPS will not be legally responsible for any negligence or other wrongdoing by the Contractor, its employees, servants or agents. ACPS will not withhold from payments to the Contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to the Contractor or its employees, servants or agents. Furthermore, ACPS will not provide to the Contractor any insurance coverage or other benefits, including workers' compensation, normally provided by ACPS for its employees.

7. DEBARMENT CLAUSE

7.1 The Contractor certifies that neither the Commonwealth of Virginia, nor any other jurisdiction within the United States, currently debars or prohibits them from offering the types of goods or services covered by this Agreement, nor are they an agent, employee or representative of any person or entity that is currently so debarred.

8. ANTITRUST

8.1 By entering into this Contract, the Contractor conveys, sells, assigns and transfers to

ACPS all rights, title, and interest in and to all causes of action the Contractor may now have or hereafter acquire under the antitrust laws of the United States or the

Commonwealth of Virginia, relating to the goods or services purchased or acquired by

ACPS under this Contract.

9. ASSIGNMENT

9.1 The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of any award, or any or all of its rights, obligations, or interests under this Contract, without the prior written consent of ACPS.

10. AUDIT

10.1 The Contractor agrees to retain all books, records and other documents related to this

Agreement for at least five (5) years after final payment. ACPS or its authorized agents shall have full access to and the right to examine any of the above documents during this period and during the term of this Agreement or after the Final completion. If the

Contractor wishes to destroy or dispose of records (including confidential records to which

ACPS does not have ready access) within five (5) years after final payment, the Contractor shall notify ACPS at least thirty (30) days prior to such disposal, and if ACPS objects, shall not dispose of the records.

11. WARRANTY

11.1 The Contractor shall warrant and furnish the services described herein at the times and places, and in the manner subject to the conditions set forth. The Contractor shall enter upon and complete the performance of work with the same degree of skill and care normally accepted as professional practices and procedures by members of the same profession currently practicing under similar conditions in the same locality.

11.2 Should defects become evident within the warranty period, the Contractor shall replace the items at no additional cost to ACPS. Warranty period shall start with the date of product acceptance and shall be extended to include times during which the products are out of service for warranty repair.

11.3 All products / work shall be guaranteed by the Contractor against defect resulting from the use of inferior or faulty materials, or inferior or faulty workmanship, or work not in accordance with the requirements of the Agreement Documents for a two (2) year period from the date of acceptance of the work by ACPS, in addition to and irrespective of any manufacturer’s warranty in accordance with the technical specifications or supplier’s warranty. No date other than the date of acceptance by ACPS shall govern the effective date of the warranty, unless that date is agreed upon by ACPS and the Contractor in advance and in writing.

11.4 The Contractor shall promptly correct any defective work or materials after receipt of written notice from ACPS to do so. If the Contractor fails to proceed promptly or use its reasonable best efforts and due diligence to complete such corrections as quickly as possible, ACPS may have the materials or work corrected and the Contractor shall be liable for all expenses and costs incurred by ACPS.

11.5 Nothing in this section shall be construed to establish a period of limitation with respect to other obligations the Contractor may have under this Agreement.

12. INTELLECTUAL PROPERTY INDEMNIFICATION

12.1 The Contractor covenants to save, defend, hold harmless, and indemnify ACPS, and all its officers, officials, departments, agencies, agents, and employees (collectively “ACPS”) from and against any and all claims, losses, damages, injuries, fines, penalties, costs

(including court costs and attorney’s fees), charges, liability, demands or exposure, however, caused, for or on account of any trademark, copyright, patented or unpatented invention, process, or article manufactured or used in the performance of this Agreement, including its use by ACPS. If the Contractor, uses any design, device, or materials covered by letters patent or copyright, it is mutually agreed and understood, without exception, that amounts paid under this Agreement includes all royalties or costs arising from the use of such design, device, or materials in any way involved with the work.

13. CONFIDENTIALITY

13.1 All student data is considered to be confidential under this Agreement as well as under the

Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. §1232g et seq., and any other federal or state statutes or regulations pertaining to student records, and will only be released in accordance with the applicable laws and regulations. All student data received by the Contractor shall be maintained by the Contractor in a secure location.

13.2 The Contractor shall maintain the confidentiality of documents designated as confidential by ACPS, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Seller from establishing a claim or defense in an adjudicatory proceeding. The Contractor shall require of its Subcontractors similar agreements to maintain the confidentiality of information specifically designated as confidential by ACPS.

14. NO WAIVER OF SOVEREIGN IMMUNITY

14.1 The failure of either party to exercise in any respect a right provided for in this Contract shall not be deemed to be a subsequent waiver of the same right or any other right.

14.2 Notwithstanding any other provision of this Contract, nothing in this Contract or any action taken by ACPS pursuant to this Contract shall constitute or be…