INVITATION TO BID – GOODS AND SERVICES

ISSUE DATE: June 2, 2026 ITB #: 27-03TM NIGP CODE:

90656

DATE/TIME OF CLOSING:

June 25, 2026 at 11:00 AM EST

BUYER NAME:

Tammy Martin, Senior Buyer

COMMODITY:

Landscape & Turf Maintenance

THE CITY OF HAMPTON IS SEEKING BIDS FROM QUALIFIED BIDDERS TO PROVIDE LANDSCAPE AND TURF

MAINTENANCE FOR THE LAKE HAMPTON AND FREEMAN/DRIVE/WATERWALK TRAIL AREAS.

ACKNOWLEDGE RECEIPT OF ATTACHMENTS: A B C D (Please initial)

ACKNOWLEDGE RECEIPT OF ADDENDUM: 1 2 3 4 (Please initial)

Pre-Bid Conference – N/A

BIDDER NAME:

COMPETITIVE SEALED BIDDING. This Invitation to Bid (“ITB”) is subject to the competitive sealed bidding provisions outlined in Virginia Code §2.2-4302.1. Sealed bids will be received in the Issuing Office or via DemandStar (www.demandstar.com) until Closing Date and Closing Time as specified in this solicitation including any addenda issued by this office. Bids received by telephone, email, facsimile, or any other means of electronic transfer will not be accepted. The City of Hampton is not responsible for late delivery by the United States Postal Service or any other courier. All inquiries for information regarding this ITB are to be directed to the Issuing Office as defined herein.

THIS IS NOT AN ORDER. The City of Hampton, hereafter referred to as “the City”, reserves the right to accept or reject any and all bids in whole or in part and waives any informality in the competitive sealed bidding process. Further, the City reserves the right to enter into any one or more contracts deemed to be in its best interest. The entire contents of the ITB, addenda, and Bidder’s bid shall be incorporated by reference into any resulting contract.

City of Hampton Page 2 of 40 (rev. 12-6-22)

Bidder Information:

Name of Bidder: Address:

Phone Number: Fax Number:

Email Address: State Corporation Commission ID: ______________________

City of Hampton Business Prof. License Tax No.:

Federal Tax Identification Number: ___________________; OR Social Security Number (Sole Proprietor):________________

NOTE: Numbers identified as social security numbers will be redacted in public documents.

Business Classification:

Is Bidder a “minority” business? Yes No

African American Hispanic American Native American Asian American

Other; Please Explain: ______________________________________________________

Is Bidder Woman Owned? Yes No

Is Bidder a Small Business? Yes No

Is Bidder Faith-Based Organization? Yes No

Is Bidder a Disabled Veteran Business? (for informational purposes only) Yes No

Check One: INDIVIDUAL PARTNERSHIP CORPORATION LLC

State in which Registered or Incorporated _____________________________

By signing this bid, Bidder certifies, acknowledges, understands, and agrees to be bound by the conditions set forth above and in the Instructions to Bidders and General Conditions as described in Attachment A.

Authorized Signature: Date:

Printed Name: Title:

Issuing Office: Wherever used in this ITB, the Issuing Office Will Be:

Tammy Martin, Senior Buyer Phone: 757-727-2205

Consolidated Procurement Division

1 Franklin Street, Suite 345 Email: tmartin@hampton.gov

Hampton, Virginia 23669

Wherever used in this ITB, the City Contract Administrator will be:

Jill Burdine, Contract Coordinator Phone: 757-728-5238

Parks, Recreation & Leisure Services

22 Lincoln St. 5th Floor Email: jill.burdine@hampton.gov

Hampton, Virginia 23669

City of Hampton Page 3 of 40

I. BACKGROUND

Hampton, Virginia

Hampton is an independent city located in Virginia. It is on the southern end of the Virginia Peninsula, bordering the Chesapeake Bay. The City has a total area of 136.2 square miles; 51.8 miles of that is land and 84.4 miles is water, with a total population of more than 137,000.

The City boasts a strong military and technology presence. The nation’s first air base, Langley Air Force Base, is home of the First Fighter Wing and continuing to add new missions. As Joint Base Langley-Eustis, it contributes nearly $4 billion a year to the regional economy. NASA Langley Research Center, where America’s first astronauts were trained, is a major center for aviation research. In addition, the National Institute for Aerospace, run by a consortium of universities, conducts research on both manned and unmanned systems. The most recent research center is Huntington Ingalls, which located its Unmanned Systems Center of Excellence in Hampton to focus on military and business applications for underwater drones. Virginia Tech has an expanded research center focused on seafood and aquaculture and opened an office and lab space as part of its Center for Coastal Studies.

In addition to these advanced research centers, higher education opportunities include Hampton University, a pre-eminent HBCU that offers 90 programs; the Virginia Peninsula Community College; Old Dominion University’s

Peninsula Center; and Bryant & Stratton College.

The City is also home to multiple medical facilities including Sentara Careplex Hospital, the Hampton Veteran’s

Administration Medical Center, the Hampton University Proton Therapy Institute for specialized cancer treatment, centers affiliated with Riverside Regional Medical Center and the Children’s Hospital of the Kings’

Daughters, as well as military and retiree care at the Langley base.

Other major employers include Science Systems and Applications, Analytical Mechanics, Howmet, Amsec, Measurement Specialists Inc., Zel Technologies, Ferguson Enterprises, Registrar, Liberty Source, Old Point

National Bank, VersAbility Resources, and Faneuil. Huntington Ingalls also has employees at another Hampton location (in addition to the Unmanned Center). Tourism is also an important economic driver.

The City is situated between two airports, each less than 15 miles from downtown: Norfolk International Airport and the smaller Newport News/Williamsburg International Airport.

Hampton is part of a dynamic metropolitan region. Besides Hampton, the region contains four other cities with populations greater than 100,000. Hampton Roads now has a population of 1.8 million and is the 37th largest metropolitan region in the nation.

The city’s public school system has been recognized nationally, and the city’s government has been recognized for its flooding resilience programs, transparency, use of technology to benefit residents, and extensive citizen engagement.

Hampton is a welcoming and diverse city – large enough to provide a wide variety of festivals, music, arts and culture – but small enough that people know their neighbors. Hampton is more than 400 years old (the oldest continually occupied city in the original 13 Colonies) and has a rich history. Approximately half of the residents are

African-American, and 37% are white, with the remainder split among multiple races and other categories. About

6% of the population is Hispanic. Additional demographic data may be accessed by the hyperlink:

http://hampton.gov/90/Demographics.

II. BID TERMS AND CONDITIONS

A. Contract Documents. This ITB and its addenda(s), Bidder’s Bid, any additional information requested, and the final awarded contract will constitute the final contract hereafter referred to as the “Contract”. These documents http://hampton.gov/90/Demographics

City of Hampton Page 4 of 40 will be incorporated by reference into the City Purchase Order(s) that award the Contract. The Contract shall be governed by the contract documents in the following order of precedence:

1. The final negotiated Contract

2. The ITB, its attachments, and its addenda

3. Bidder’s Bid

In the event that there is a Conflict between this ITB, its attachments and addenda, Bidder’s Bid, or any related documents and the final negotiated Contract, the final negotiated Contract shall supersede and control.

B. Copies of Contract Documents. If Bidder is awarded the Contract, Bidder will receive electronic copies of all documents. All original documents will be maintained at the Issuing Office. If Bidder requires a certified copy of any document to which Bidder is entitled, the Issuing Office will accommodate that request.

C. Bid Binding for Ninety (90) Days. Bidder agrees that its Bid shall be binding and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing date of this ITB.

D. Proprietary Information/Non-Disclosure. Bidder is advised that the Virginia Public Procurement Act (Section

2.2-4342, Code of Virginia, 1950 as amended) shall govern public inspection of all records submitted by Bidder.

1. Bidder may invoke the protections of §2.2-4342 of the Code of Virginia to protect trade secrets, proprietary information, and other confidential information provided by the Bidder:

i. Invoke the protections of this Section prior to, or upon submission of, the data or other materials.

ii. Provide a statement that identifies the data or other materials to be protected and that states the reasons why protection is necessary.

iii. Submit trade secrets or other proprietary information under separate cover in a sealed envelope clearly marked “PROPRIETARY”.

iv. References to the proprietary information may be made within the body of the Bid; however, all information contained within the body of the bid shall be public information in accordance with

State statutes.

v. An all-inclusive statement that the entire bid is proprietary is unacceptable. A statement that

Bidder’s costs and/or bid pricing are to be protected is unacceptable. Bidder will be requested to remove any such statement(s) in order to be eligible for further consideration.

2. The City reserves the right to submit such information to the City Attorney for concurrence of the

Bidder’s claim that it is in fact proprietary. Information submitted that does not meet the above requirements will be considered public information in accordance with the VFOIA.

D. Bidder Obligation. Bidder shall carefully examine the contents of this ITB and any subsequent addenda(s).

Failure to do so shall not relieve the Bidder of its obligation to fulfill the requirements of any contract awarded as a result of this ITB.

E. Conditions of Work. Bidder shall inform itself fully of the conditions related to services required herein.

Failure to do so will not relieve a Bidder of the obligation to furnish all goods and/or services necessary to carry out the provisions of the Contract.

F. Withdrawal of Bid Due to Error. Withdrawal of a Bid due to error shall be in accordance with §2.2-4330(B)(1) of the Code of Virginia. The Bidder shall give notice in writing of its claim of right to withdraw its Bid within two (2) business days after conclusion of the Bid opening date and shall submit original work papers with such notice.

G. Cooperative Procurement. Section 2.2-4304 Code of Virginia (VPPA) will apply to this solicitation. Other

Public Bodies may utilize any contract(s) issued pursuant to this solicitation by placing its own order(s) directly with the Contractor(s) awarded the Contract(s). The City of Hampton acts only as the issuing agent and is not responsible for placement of orders, payment or discrepancies of other participating Public Bodies.

H. Bidder Representations and Acknowledgements. The attached “Bidder Representations and

Acknowledgements” at Attachment C to this ITB, shall be executed by Bidder and is to be submitted with the

Bid. The requirements set forth on said form shall be considered to be binding terms and conditions in any contract resulting from this ITB. A contract will not be awarded to a Bidder who has not initialed and signed the

Bidder Representations and Acknowledgements.

I. Mathematical Errors. Discrepancies between multiplication of units of work and unit prices will be resolved in favor of unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of words.

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III. SCOPE OF CONTRACT. The purpose of the ITB is to solicit bids to establish a contract for the provision of landscape and turf maintenance.

SCOPE OF WORK

General Requirements:

The City of Hampton is seeking bids for landscape and turf maintenance for the Lake Hampton and

Freeman Drive/Waterwalk Trail areas.

Specific Requirements:

Contractor shall perform services to the highest standards in the landscaping and turf maintenance industry.

The successful bidder shall furnish all supervision, labor, tools, material, equipment and supplies necessary to provide landscape maintenance and turf maintenance to city-owned properties, as identified.

The Contractor shall provide services on an as needed basis and shall be paid for each function performed.

Some functions such as mowing grass may be performed weekly whereas some functions may be performed only one (1) time. The Contractor is not authorized to perform any work without the expressed written approval of the Parks, Recreation, and Leisure Services (PRLS) Department. This will be a year-round grounds and landscape contract.

1. SPRING CLEAN-UP

During the first three weeks of March, a general landscape clean-up shall occur. This service shall include the following:

• Removal of landscape debris that has accumulated over the winter months.

• Pruning to remove deadwood from plant material up to a height that can be reached with a pole pruner.

• Removal of excessive mulch build-up in beds and tree pits as deemed necessary by the Contractor.

Excessive mulch is detrimental to plant health as it encourages insects, disease and root growth in the mulch.

• Edging of all beds and tree wells at right angle to a depth of 1 inch to 2 inches (1-2”). All tree rings shall be concentric and all bed lines maintained as smooth and continuous lines. All existing mulch will be turned before new mulch is applied.

2. PLANT BEDS

All plant bed areas shall be sprayed in the spring with an approved post emergent herbicide suitable to control unwanted vegetation, which competes with desirable plantings for moisture and nutrients. Round-

Up Pro, plus a pre-emergent combination or newer product which will result in an equal or a better quality control may be permitted upon approval by PRLS Representative. Several applications may be necessary to ensure clean and weed free beds all season. No spraying shall be performed during days of inclement weather [i.e., gusting winds above fifteen miles per hour (15 mph and sixty percent (60%) or better chance of precipitation]. All products shall be applied following label recommendations.

An application of an approved pre-emergent herbicide that will control the annual and perennial weed present in the plant areas shall be applied following label recommendations, prior to mulching areas.

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Certain groundcover or perennial plantings may not receive pre-emergent in order not to damage the material. Hand removal weeds not controlled by post emergent application shall be necessary before pre-emergent is applied.

All large weeds that have expired shall be removed prior to mulching of planted areas.

3. PRUNING SHRUBS

All vines, large weeds, wild trees, etc., shall be removed prior to trimming in order to remove as much of the root system as possible. Shrub/hedges shall be trimmed broad at the base and narrow at the top.

Hedges shall be trimmed removing any new growth while maintaining their present height. Single shrubs may be allowed to develop to mature size unless they are blocking a window, impeding pedestrian traffic, etc. Any shrubs in question shall be discussed with the PRLS Representative. Plant Growth Regulators

(PGR) may be used on some shrubbery to control growth only after consulting with the PRLS

Representative and receiving written approval.

4. PRUNING TREES

Pruning of deciduous trees shall be in the months of January, February and March, during dormant season or in the fall depending on plant material. Pruning shall include removal of crossing branches or those not consistent with standard form, general thinning for good light penetration and air circulation, and dead or diseased branches.

Subsequently, pruning of suckers, water sprouts and low hanging branches shall be performed during regular visits. Trees shall be elevated to a height at least eight feet (8’) over sidewalks so as not to interfere with pedestrian traffic. Some trees may not be able to be elevated to this height due to limb structure and

Contractor shall use their professional judgment. All pruning cuts shall be made to the lateral branches buds and flush with the branch collar. Stubbing shall not be permitted. All debris shall be removed from the site.

5. MULCHING

All tree rings shall be concentric and all bed lines maintained as smooth and continuous lines. All existing mulch will be turned before new mulch is applied. Mulch shall be color enhanced (dark brown) double shredded hardwood mulch (not made from pallets). A maximum two-inch (2”) layer shall be provided and maintained. Mulch shall be kept away from the base of tree trunks and from the crown of the shrubs. Mulch shall not be mounded (volcano shape) around the base of any trees. The goal shall be to maintain no more than three inches (3”) of organic material. To correct the effect of wash out or other unanticipated dissipation of mulch, Contractor will add mulch from time-to-time on a spot basis.

Mulch applications will be done in spring and fall but can be more frequent at the City’s request.

6. APPLICATION OF PESTICIDES (TURF AND ORNAMENTALS)

All chemicals used for control purposes, including; but not limited to, pesticides and herbicides, shall be applied by or under the direct supervision of a Virginia Certified Pesticide Applicator who holds a

Commercial Applicator’s license for Ornamentals (3A), Turf Pest Control (3B) and Right of Ways (6).

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Licenses shall be valid during duration of the contract and issued by the Virginia Department of

Agriculture and Consumer Services. Contractor shall furnish, at time of placing bids, copies of valid

VDACS permits showing the commercial categories.

7. PEST MANAGEMENT

The Contractor shall be responsible for the detection, monitoring and control of plant damaging insects.

The Contractor shall be aware of the potential pests and shall make regular inspections of the plant material and treat it as deemed 4necessary. These principles will be practiced under an Integrated Pest

Management Program (IPMP).

Our goal in implementing an IPMP is to maintain insects and disease problems at acceptable levels. If deemed necessary, pesticides shall be applied under the supervision of a certified applicator and after written approval from Parks Division Representative.

8. HERBICIDE APPLICATION TO OTHER AREAS

An approved herbicide shall be applied to weeds growing in curb and gutter areas, cracks/expansion joints in walks, paved areas, guard rails and around all mowing obstacles.

9. MOWING

Prior to each mowing, all reasonable trash, cigarette butts, sticks and other unwanted debris shall be removed and disposed of from lawns, plant beds, curb and gutters and paved areas.

Lawns shall be mowed at a finished height of two and a half to three inches (2 1/2 to 3”) throughout the mowing season.

During the mowing season, the third week of March through the third week of October, all lawn areas shall be mowed every seven (7) days.

The mowing operation shall include trimming around all obstacles, raking excessive grass clipping and removing debris from walks, curbs and parking areas. Grass clippings shall be kept out of sidewalks, streets, plant beds, and tree pits. Mowing patterns shall be established and changed on a regular basis to present the most aesthetically pleasing appearance.

All sidewalks and curb lines will be edged at each visit. Debris from this operation shall be removed and areas swept or blown clean. Contractor shall take care not to blow debris into adjacent areas outside of the project limits or into the street.

10. TURF FERTILIZATION

A soil test shall be taken in early spring to determine fertilization needs and lime requirements. If lime is needed, the Contractor shall specify the rate and apply it at an additional cost with prior approval from the PRLS Representative.

The majority of established turf is Bermuda and fertilization program shall follow recommendations for warm season grasses as recommended by Virginia Tech’s Cooperative Extension. Application of slow-release fertilizers are recommended and shall be approved by the PRLS Representative, in writing.

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11. TURF HERBICIDES

A pre-emergent herbicide shall be applied in the Spring and Fall to help control the growth of crabgrass and other annual weeds. Post-emergent herbicide shall be applied in the Spring to help control broadleaf weeds. Additional spot treatments shall be performed throughout the season to control different and seasonal weeds.

Pre-emergent applications must stay a minimum of ten (10) feet from the lake and creek water’s edge.

For fall applications, pre-emergent must occur fifteen (15) days after the overseeding process occurs to prevent poor Perennial Ryegrass seed germination. Example: Overseeding operations must occur before

September 1st to allow seed germination before pre-emergent applications. Pre-emergent is applied no earlier than September 15th .

12. INSECT AND DISEASE CONTROL

On-site personnel will perform insect control on a curative basis following regular Integrated Pest

Management Program (IPMP) inspections.

Treatment of turf disease problems shall be on a curative basis only. Due to the nature of turf diseases being extremely weather sensitive and expensive to control, these shall be performed on an as needed basis, at an additional cost.

13. SIDEWALK AND WALKWAY MAINTENANCE

Litter collection and walkway cleaning/ weed removal will be performed three (3) times per week, each week to achieve a neat, professional appearance.

14. LEAF REMOVAL

Leaves shall be removed from turf areas, curbs and sidewalks during every seven (7) days from

November 1st through December 31st.

15. AERATION/OVERSEEDING

Aeration of turf areas shall be performed once in the Fall, prior to over seeding, utilizing an open-time coring type aerator with three eighths to five eighths inch (3/8” to 5/8”) diameter core. Aeration tines should optimally penetrate the soil to a minimum depth of one and one half inch (1 1/2”), depending on existing soil conditions. Care shall be taken to ensure irrigation heads are not damaged during this operation.

Over seeding shall be performed using an approved turf type Perennial Ryegrass, Seed shall be applied at a rate of six pounds (6 lbs.) per 1,000 square feet. Pre-emergent application will begin no earlier than

September 15th, so all Perennial Ryegrass overseeding and aeration must occur before September 1st, allowing time for Perennial Ryegrass seed germination. Improper timing will create poor seed germination due to pre-emergent herbicide limiting seed emergence. Because seasons and weather very, City of Hampton Page 9 of 40 ryegrass and pre-emergent operational timeframes can very if agreed by PRLS Representative and contractor, and allow a minimum of fifteen (15) days between ryegrass and pre-emergent applications.

16. IRRIGATION

Contractor will be responsible for damages caused by Contractor’s landscape maintenance operations.

Otherwise, Contractor will not be responsible for maintaining any irrigation system on the property.

Contractor will assist the PRLS Representative in arranging suitable irrigation settings for prevailing conditions.

17. REPORTS

Contractor is required to prepare and submit an annual schedule with monthly tasks assigned. Weekly reports verifying completion of task(s) are to be emailed to the PRLS Representative.

Good communication between the Contractor and the City is crucial in the successful management of the contract(s). Please notify the PRLS Representative of pending delays, in writing by email, and an estimate of when task(s) shall be completed.

18. UNIFORMS/IDENTIFICATION

All employees of the Contractor will be required to wear uniforms or badges which will clearly identify that person as an employee of the Contractor.

19. WORK HOURS

The Contractor will be allowed to schedule his normal work hours between the hours of 7:00 a.m. and

6:00 p.m., Monday through Saturday, unless previously stated in the specifications. Working during other hours will be allowed only after written authorized is obtained from the PRLS Representative.

20. CLEAN-UP

At the end of the day’s work, the Contractor shall remove all trash and debris resulting from their operation and dispose of off-site. Sidewalks and streets will be swept, if necessary.

21. STORAGE OF MATERIALS AND EQUIPMENT

Storage shall be the responsibility of the Contractor. The City of Hampton will not be responsible for materials or equipment that is stolen, lost, or damaged.

22. COORDINATION OF WORK ACTIVITIES

Other Contractors employed by the City of Hampton may be working at the same site that this contract encompasses. It shall be the responsibility of each Contractor to coordinate their activities with all parties involved.

23. INVOICING

Contractors will invoice per service performed. Contractor cannot divide their total bid into twelve monthly payments.

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INSTRUCTIONS TO BIDDERS

A. Contact with City/City Staff, Representatives, and/or Agents. Direct contact with City staff, representatives, and/or agents other than the Consolidated Procurement Division staff on the subject of this

ITB or any subject related to this ITB is expressly prohibited except with the prior knowledge and permission of the Purchasing Agent or designated representative.

B. Questions. Bidders must submit questions regarding the ITB in writing to the Issuing Office via email to:

tmartin@hampton.gov no later than 3:30PM EST on June 16, 2026. Necessary replies will be issued to all

Bidders of Record as addenda that shall become part of the contract documents. Oral instructions do not form a part of the bid documents. Bidder is responsible for checking website http://www.Hampton.gov/bids-contracts or contacting the Issuing Office within 48 hours prior to bid closing to secure any addenda issued for this ITB.

C. Changes or Modifications. Changes or modifications to this ITB made prior to the date and time of closing will be addressed by addenda from the Issuing Office. Bidders are to acknowledge receipt of addenda in the space provided on the cover page of this ITB. Oral communications are not a part of the bid documents. This

ITB and any addenda shall be incorporated, by reference, into any resulting contract.

D. ITB Closing. Bidder shall ensure its sealed bid is time stamped by the Issuing Office or DemandStar

(www.demandstar.com) no later than the Closing Date and Time shown on the cover page of the ITB. Bids received after the specified date and time (time stamped 11:01 AM or later) will not be considered and will be returned to the Bidder unopened.

E. Bid Submittal Requirements:

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

i. Pages 1-2 of this ITB and it will contain:

a. Original signature of an agent authorized to bind the company

b. Requested contact information

c. Company Federal Employer Identification Number

d. Acknowledgement of any addenda received

ii. All Bid pages must be numbered

iii. All Bids must include a completed pricing sheet

iv. A definite time for delivery of goods or for performance of services, unless otherwise specified in the ITB. Time, if stated, as a number of days, will be interpreted to include Saturdays, Sundays, and holidays.

v. Attachments:

a. Attachment C

2. Bids must be submitted utilizing the following requirements:

i. Bidders shall submit sealed bids in a labeled envelope or package with the ITB’s Item Number and the name and address of the Bidder. Bidders may also submit bids electronically via

DemandStar. Bids received by telephone, email, facsimile, or any other means of electronic transfer will not be accepted.

ii. Submit the original document of this bid.

iii. All bids must be received and time stamped in the Issuing Office no later than the Closing Date and Time shown on the cover page of this ITB. Any Bid received after the specified date and time (11:01 PM EST or later) will not be considered and will be returned to the Bidder unopened.

iv. Include a statement setting forth the basis for protection of proprietary information, if any, as detailed in the “Proprietary Information/Disclosure” section.

3. Submit all Descriptive Literature as requested under the ITB in the Scope of Services. Descriptive

Literature, as used here, shall include, but not be limited to, design, materials, components, performance mailto:tmartin@hampton.gov

City of Hampton Page 11 of 40 characteristics, methods of manufacture, assembly, construction, or operation of the goods and/or services requested under the ITB.

4. Bidders are encouraged to submit bids on recycled paper and to use double sided printing.

5. Bidders should be thorough in addressing the Specific Requirements and the Bid Submittal Requirements as outlined in this ITB.

F. Procedure for Award of Bid

1. At the time and place designated on this ITB, the City shall publicly open and announce all Bids received under this ITB.

2. After the Bid opening, the City will award the Contract to the lowest responsive and responsible Bidder or Bidders. A determination of the lowest responsible and responsive bidder may include consideration of the special qualifications of potential contractors, life-cycle costing, value analysis, and any other criteria, including but not limited to inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose which are helpful in determining acceptability.

3. In evaluating bids, if a math error has been made and the total amount to be charged for any goods and services is incorrect, the City reserves the right to consider individual unit prices.

4. In the event that the Bid from the lowest responsible Bidder exceeds the funds available for the project, the City may negotiate with the apparent low Bidder to obtain a contract price within available funds.

The City will initiate the negotiations by notifying the low Bidder in writing that its Bid exceeded the available funds for the project and state that the City wishes to negotiate a lower contract price. These negotiations may include, in the sole discretion of the City:

i. Modification of the bid price and/or

ii. Modification of the Scope of Work/Specifications.

5. Any contract resulting from this ITB will be publicly posted for inspection in the Consolidated

Procurement Division, 1 Franklin Street, Suite 345, Hampton, Virginia 23669.

6. The vendor(s) awarded this contract must be registered with eVA before the contract can be fully executed.

G. Disposition of Bids. All materials submitted in response to this ITB will become the property of the City.

One (1) copy of each Bid will be retained for official files, will become a matter of public record after award of the Contract, and will be open to public inspection subject to the Proprietary Information/Disclosure section of this ITB.

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Attachment A – General Terms and Conditions

These General Terms and Conditions are a sample of what may be included in the final contract awarded to

Bidder and are subject to change.

I. Term and Renewals. This Contract shall continue in force for the term of one (1) year. This Contract may be extended upon the mutual agreement of both parties for up to four (4) optional, one (1) year periods upon the same prices, terms, and conditions as set forth in this Contract and the ITB. Each additional year referred to as a “Renewal

Period”. Said Renewal Period shall occur automatically unless written notice is given by the City or the Contractor no later than thirty (30) days before the expiration of the current period.

II. Contractor Representations and Obligations.

A. Performance by Contractor. Contractor shall act as the prime contractor for the goods and services to be provided under the Contract and shall be the sole point of contact with regard to all obligations due under the

Contract. To the extent Contractor employs subcontractors to perform obligations under the Contract, Contractor agrees that it will:

1. Inform subcontractor of the proposed use and disposition of the subcontractor’s products or services, and obtain a written statement from subcontractor that it has no objection and that the City is not liable to the subcontractor for any work performed under the Contract.

2. Obtain prior written approval from the City at least ten (10) calendar days prior to the work subcontractor work being performed.

3. Be solely responsible for all work performed and materials provided by subcontractors and for the liability of subcontractors for the types and limits required of the Contractor under the Contract.

B. Authority to Transact Business.

1. At the commencement of the Contract, Contractor shall be authorized to transact business in the

Commonwealth of Virginia as a domestic or foreign business entity if so required under Title 13.1 or

Title 50 of the Virginia code or as otherwise required by law.

2. Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth to be revoked or cancelled at any time during the term of the Contract.

C. Compliance with Law.

1. Contractor shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of the scope work set forth herein. Contractor represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of the Contract prior to the initiation of work.

Contractor shall maintain all such licenses and permits throughout the term of this Contract. Failure to maintain such licenses and permits and to provide copies to the City shall constitute a material breach of this Contract.

2. Contractor does not, and shall not during the performance of the Contract, knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

D. Nondiscrimination.

1. During the performance of the Contract, Contractor shall:

i. Not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of Contractor.

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; and

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ii. State that Contractor is an equal opportunity employer in all solicitations or advertisements for employees placed by or on behalf of Contractor. Notices, advertisements, and solicitations placed in accordance with Federal law, rule, or regulation are sufficient to meet the requirements of this section.

2. Contractor shall include the provisions of Article II.D.1 in every subcontract or purchase order over

$10,000.

E. Drug-Free Workplace.

1. For purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with the Contract with 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.

2. During the performance of the Contract, Contractor shall:

i. Provide a drug-free workplace for Contractor's employees;

ii. Post a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in

Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition. This statement must be posted in a conspicuous location available to all employees and applicants for employment.

iii. State that Contractor maintains a drug-free workplace in all solicitations or advertisements for employees placed by or on behalf of Contractor.

3. Contractor will include the provisions of Article IIE.2 in every subcontract or purchase order of over

$10,000.

F. Payments to Subcontractors. Contractor shall make payment to all subcontractors, as defined in the code, within seven (7) days after receipt of payment from the City; or shall notify the City and subcontractors in writing of the intention to withhold all or a part of the amount due along with the reason for nonpayment. In the event payment is not made as noted, Contractor shall pay interest at the rate of one (1) percent per month, unless otherwise provided, to the subcontractors on all amounts that remain unpaid after seven (7) days except for the amounts withheld as provided herein. Contractor’s obligation to pay an interest charge to a subcontractor pursuant to this section shall not be construed to be an obligation of the City. A contract modification may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.

G. Insurance.

1. If applicable, Contractor shall submit to the City certificates of insurance with applicable endorsements to the policy attached, prior to beginning work under the Contract or no later than ten (10) days after the intent award is issued, whichever occurs first.

2. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia, and acceptable to the City, and shall carry the provision that the insurance will not be cancelled or materially modified by the Contractor without thirty (30) days prior written notice to the City.

3. The certificate of insurance shall list the City of Hampton, 22 Lincoln Street, Hampton, Virginia 23669 and its elected and appointed officials, agents, employees and volunteers as additional insureds for the specified project. The endorsement to the policy would be that which is attached to the Contractor's liability policy that acknowledges the Purchaser(s) as additional insureds on all policies the Purchaser(s) are made additional insured(s). This shall be either a direct endorsement that actually names the

Purchaser(s) or a blanket endorsement within the insurance policy that states that under a contractual agreement the Purchaser(s) will be named as additional insureds on the required insurance policy. Such

City of Hampton Page 14 of 40 insurance shall also contain an endorsement stating that the insurance is primary with respect to any self-insurance or insurance maintained by the City of Hampton.

4. Insurance shall be maintained during the entire term of the Contract and any extensions and shall be of the following forms and limits:

All required insurance coverages must be obtained from insurers authorized to do business in the Commonwealth of Virginia. The insurers must have a rating of “A” (financial strength) and a VII or greater in the latest edition of the A.M.’s Best Company’s Insurance reports.

Coverage Parts Required Coverage Limits

Commercial General Liability (CGL) Required but not limited to:

Bodily Injury and Property Damage

Personal & Advertising Injury

Damage to Rented Premises

Premises liability

Products & Completed Operations Contractual Liability

$1,000,000 per occurrence $2,000,000 aggregate $100,000 min on damage to rented premises

Business or Commercial Automobile Liability Coverage for Any Auto Required

$1,000,000

Umbrella or Excess Liability $2,000,000 aggregate

Workers’ Compensation Employer’s Liability

Per Virginia Statute $500,000 min

Waiver of Subrogation

Required Waiver of Subrogation General Liability and Workers’ Compensation

Claims-made policies require the policy holder to provide evidence of a retroactive date on the policy no later than the beginning of the contractor’s or sub-contractor’s work under this project. Claims-made commercial general liability or pollution policies must provide an endorsement extending the claim reporting period of up to three (3) years after the agreement.

Certificates of Insurance (COI’s) must be accompanied by an endorsement naming City of Hampton or Hampton City Schools and their elected and appointed officials, agents, employees and volunteers as additional insureds.

Please note that single person contractors are not required to carry this insurance but must complete a Request for Waiver of Worker's Compensation with the City's Risk Management

Department. If the Contractor has employees at any time during the Contract period, the

Contractor must provide the minimum necessary coverage or a copy of the State's consent to self-insure.

The establishment of minimum limits of insurance by the City does not reduce or limit the liability or responsibilities of the Contractor.

5. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO IMMEDIATELY NOTIFY THE CITY

SHOULD ANY POLICY BE CANCELLED. FAILURE TO NOTIFY THE CITY SHALL

CONSTITUTE A MATERIAL BREACH OF THE CONTRACT.

H. Hold Harmless/Indemnification. It is understood and agreed that Contractor hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Contractor, its subcontractors, agents or employees under or in connection with this Contract or the performance or failure to perform any work required by this Contract.

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Contractor agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Contract, and (c) the performance of the work by Contractor or those for whom Contractor is legally liable. Upon written demand by the City, Contractor shall assume and defend at Contractor's sole expense any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees or officials.

I. Warranty/Guarantee. Contractor guarantees against defective or faulty material or workmanship for at least one (1) year or for the manufacturer’s standard warranty period, whichever is greater, from date of acceptance by the City to furnish adequate protection from damage for all work and to repair damages of any kind for which Contractor or Contractor’s workmen are responsible, to the building or equipment, to Contractor’s own work, or to the work of others. Any merchandise or service provided under the Contract which is, or becomes, defective during the warranty period, shall be replaced by the Contractor free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment or service (one year or manufacturer’s standard warranty period, whichever is greater, from the date of acceptance of the replacement). Contractor shall make any such replacement immediately upon receiving notice from the City.

J. Unauthorized Disclosure of Information.

1. Contractor shall assume the entire responsibility and liability for any and all damages caused by or resulting from or arising out of the negligent or willful unauthorized disclosure of confidential information on the part of the Contractor, its subcontractors, agents or employees under or in connection with the Contract. The Contractor shall save harmless and indemnify the City of Hampton and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to attorney’s fees, which either or both of them may suffer, pay or incur as the result of claims or suits due to, arising out of or in connection with, any and all such unauthorized disclosures, real or alleged. The Contractor shall, upon written demand by the City of Hampton, assume and defend, at the Contractor’s sole expense, any and all such suits or defense of claims alleging unauthorized disclosures of confidential information.

2. Any negligent or willful unauthorized disclosure of confidential information on the part of the Contractor, its subcontractors, agents or employees under or in connection with the Contract shall constitute a breach of the terms of the Contract. The City may proceed by appropriate court action, including seeking injunctive relief, to prevent continuing unauthorized disclosures, and Contractor shall save harmless and indemnify the City for court costs, litigation expenses and attorney’s fees that it may pay or incur as the result of seeking to prevent or stop and any and all unauthorized disclosures of confidential information.

III. Payment to Contractor.

A. City Payment to Contractor.

1. City agrees to make payments under the Contract within thirty (30) days after receipt of a correct invoice, pursuant to Article III.B below, for such payment. Where payment is made by mail, the day of postmark shall be deemed the date of payment. Any amounts due to the City by Contractor under the terms of this or any other Contract may be applied against Contractor’s invoices with documentation for the basis of the adjustment attached.

2. In no event shall any interest penalty or late fee accrue when payment is delayed because of disagreement between the City and Contractor regarding the quantity, quality, time of delivery, or other noncompliance with these Contract requirements for any product or service or the accuracy or correctness of any invoice.

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Payment terms offering a “prompt payment discount” of twenty (20) days or greater will be considered in the evaluation of Bids. All other payment terms shall be net thirty (30) calendar days or greater. Payment terms not specified by Contractor shall be net forty-five (45) days.

Contractor acknowledges and agrees that it is not entitled to any compensation in excess of the value of the work performed that has been approved by the City. Contractors and subcontractors are not entitled to anticipatory or unearned profits, unabsorbed overhead, opportunity costs, or consequential or other damages as a result of amendment or termination of the Contract.

B. Contractor Invoices. Contractor shall submit to the City all invoices promptly upon completion of the requirements for installation, delivery, and acceptance of the products and services required under the

Contract. Invoices shall not include any costs other than those identified in the executed City Purchase Order awarding the Contract or any subsequent Change Orders issued by the Consolidated Procurement Division.

All shipping costs are the Contractor’s responsibility, except to the extent such charges are identified in the executed City Purchase Order or Change Orders. Contractor’s invoices shall provide at a minimum:

1. Type and description of the product or service installed, delivered and accepted

2. Serial numbers, if any

3. Quantity delivered

4. Charge for each item

5. Extended total (unit cost x quantity)

6. This ITB number and the City Purchase Order number

C. Reimbursable Expenses and Accounting Records.

1. Reimbursable expenses shall not include incidental expenses such as supplies, utilities, licensing fees, bond fees, and other fees which are normally included in overhead costs.

2. Expenses that are not normally part of Article III.C.1 and that directly relate to the scope of this Project may be reimbursed upon prior approval by the City. Examples of such expenses include, but are not limited to, reasonable travel, lodging, specifications and drawing reproduction beyond first two sets, and overtime that is authorized by the City.

3. Records of reimbursable expenses and expenses accrued as a result of additional services on the Project on the basis of a Multiple of Direct Personnel Expense shall be kept on a generally recognized accounting basis and shall be available to the City or his authorized representative at mutually convenient times.

4. Payment for reimbursable expenses shall be at cost, due monthly upon presentation of an invoice to the

City. The City reserves the right to request proof of the expense before payment and reserves the right to refuse to pay any expense that was not previously approved by the City.

D. Claims for Extra Compensation.

1. If Contractor encounters work and services not included in the Contract or any supplement, but which, in the opinion of Contractor, is necessary for the successful completion of the Contract and requires extra compensation, Contractor shall, before it begins the work on which it bases its claim, promptly notify the

City in writing of its intention to perform the work and to make a claim for extra compensation.

Notification by Contractor under the terms of this paragraph shall not be construed as proving the validity of the claim or City’s approval of the claim. No claim for extra compensation will be filed or considered unless notification is given as herein set forth.

i. The amounts claimed as extra compensation by Contractor shall be separately itemized, become a part of the claim, and serve as documentation of the claim.

ii. Itemized amounts shall be described in sufficient detail to enable the City to analyze the need for the extra work and the costs claimed for the work.

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iii. Contractor shall not itemize any overhead costs in its claim for extra compensation if those overhead costs were not itemized in Contractor’s original bid for the work to be completed under the Contract.

iv. If Contractor…