ITB 27-270332AB GYMNASIUM AND HARDWOOD FLOOR.pdf

ITB 27-270332/AB Page 1 of 38

City of Hampton

ISSUING OFFICE:

DATE: August 18, 2026

ITB ITEM NO.

27-270332/AB

Consolidated Procurement Division 1 Franklin Street, Suite 345 Hampton, VA 23669 Telephone: (757) 727-2200 Fax: (757)727-2207

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

PROCUREMENT OFFICER

Alicia Brown, Senior Buyer

SEALED BIDS will be received in the Issuing Office or via DemandStar (www.demandstar.com) until Opening Date and Opening 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 School Board of the City of Hampton is not responsible for late delivery by U.S. Postal mail or other couriers. All inquiries for information regarding this Invitation to Bid are to be directed to the Issuing Office as defined herein.

COMMODITY: Hardwood Flooring

NIGP CODE: 36021, 90945, 91025

OPENING DATE

September 15, 2026

OPENING TIME

11:00AM EST

PLEASE FILL IN OFFEROR’S NAME & ADDRESS

IN THE SPACES PROVIDED BELOW:

THIS IS NOT AN ORDER

PREBID CONFERENCE

N/A

THE SCHOOL BOARD OF THE CITY OF HAMPTON HEREAFTER REFERRED TO AS “HCS”, RESERVES

THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY

INFORMALITIES IN THE BIDDING PROCESS. FURTHER, HCS RESERVES THE RIGHT TO ENTER INTO

ANY CONTRACT DEEMED TO BE IN ITS BEST INTEREST. THE ENTIRE CONTENTS OF THE

INVITATION TO BID, ANY ADDENDA, BIDDERS RESPONSE AND ANY CHANGE ORDERS SHALL BE

INCORPORATED BY REFERENCE INTO ANY RESULTING CONTRACT.

HCS DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS.

The School Board of Hampton City Schools (HCS) of Hampton, VA is seeking bids from responsible and responsive bidders to provide gymnasium and hardwood floor refinishing and refurbishing services on an on-call as needed basis.

ACKNOWLEDGE RECEIPT OF ADDENDUM: #1____ #2____ #3____ #4____ (Please Initial)

THE SCHOOL BOARD OF THE CITY OF HAMPTON CANNOT LEGALLY AGREE TO ANY CLAUSE INDEMNIFYING THE CONTRACTOR FROM ANY DAMAGES ARISING OUT OF THE CONTRACT OR HOLDING THE CONTRACTOR HARMLESS. THE SUBMISSION OF A BID CONSTITUTES AN AGREEMENT BY THE CONTRACTOR NOT TO REQUEST SUCH LANGUAGE IN THE RESULTING CONTRACT. IN COMPLIANCE WITH THIS SOLICITATION AND TO ALL THE CONDITIONS IMPOSED HEREIN, THE UNDERSIGNED AGREES TO PERFORM ANY CONTRACT AWARDED AS A RESULT OF THIS SOLICITATION. THE FOLLOWING SECTION SHALL BE SIGNED BY AN AGENT AUTHORIZED TO BIND THE COMPANY. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION.

Authorized Agent: _______________________________________________ ______________________ Signature Type or Print Name

INVITATION TO BID

GOODS AND SERVICES

http://www.demandstar.com/

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Email Address Telephone Number Fax Number Company FEI/FIN#

ENCLOSURES

ANTI-COLLUSION/NONDISCRIMINATION/DRUG-FREE WORKPLACE REQUIREMENTS

ANTI-COLLUSION CLAUSE:

IN THE PREPARATION AND SUBMISSION OF THIS PROPOSAL, SAID BIDDER DID NOT EITHER DIRECTLY OR INDIRECTLY ENTER INTO ANY COMBINATION OR ARRANGEMENT WITH ANY PERSON, FIRM OR CORPORATION, OR ENTER INTO ANY AGREEMENT, PARTICIPATE IN ANY COLLUSION, OR OTHERWISE TAKE ANY ACTION IN VIOLATION OF THE SHERMAN ACT (15 U.S.C. SECTION 1), SECTIONS 59.1-9.1 THROUGH 59.1-9.17 OR SECTIONS 59.1-68.6 THROUGH 59.1-68.8 OF THE CODE OF VIRGINIA.

THE UNDERSIGNED BIDDER HEREBY CERTIFIES THAT THIS AGREEMENT, OR ANY CLAIMS RESULTING THEREFROM, IS NOT THE RESULT OF, OR AFFECTED BY, ANY ACT OF COLLUSION WITH, OR ANY ACT OF, ANOTHER PERSON OR PERSONS, FIRM OR CORPORATION ENGAGED IN THE SAME LINE OF BUSINESS OR COMMERCE; AND, THAT NO PERSON ACTING FOR, OR EMPLOYED BY, CITY HAS AN INTEREST IN, OR IS CONCERNED WITH, THIS PROPOSAL; AND, THAT NO PERSON OR PERSONS, FIRM OR CORPORATION

OTHER THAN THE UNDERSIGNED, HAVE, OR ARE, INTERESTED IN THIS PROPOSAL.

DRUG-FREE WORKPLACE:

DURING THE PERFORMANCE OF THIS CONTRACT, THE SUCCESSFUL BIDDER AGREES TO (I) PROVIDE A DRUG-FREE WORKPLACE FOR THE SUCCESSFUL BIDDER'S EMPLOYEES; (II) POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, A STATEMENT NOTIFYING EMPLOYEES THAT THE UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION, DISPENSATION, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE OR MARIJUANA IS PROHIBITED IN THE SUCCESSFUL OFFEROR'S WORKPLACE AND SPECIFYING THE ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATIONS OF SUCH PROHIBITION; (III) STATE IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE SUCCESSFUL OFFEROR THAT THE SUCCESSFUL OFFEROR MAINTAINS A DRUG-FREE WORKPLACE; AND (IV) INCLUDE THE PROVISIONS OF THE FOREGOING CLAUSES IN EVERY SUBCONTRACT OR PURCHASE ORDER OF OVER $10,000, SO THAT THE PROVISIONS WILL BE BINDING UPON EACH

SUSUCCESSFUL OFFEROR OR VENDOR.

FOR THE PURPOSE OF THIS SECTION, "DRUG-FREE WORKPLACE" MEANS A SITE FOR THE PERFORMANCE OR WORK DONE IN CONNECTION WITH A SPECIFIC CONTRACT AWARDED TO A SUCCESSFUL OFFEROR IN ACCORDANCE WITH FEDERAL LAW, THE EMPLOYEES OF WHOM ARE PROHIBITED FROM ENGAGING IN THE UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION, DISPENSATION, POSSESSION OR USE OF ANY CONTROLLED SUBSTANCE OR MARIJUANA DURING THE PERFORMANCE OF THE CONTRACT.

EMPLOYMENT DISCRIMINATION BY THE SUCESSFUL OFFEROR SHALL BE PROHIBITED:

1. DURING THE PERFORMANCE OF THIS CONTRACT, THE SUCCESSFUL BIDDER AGREES AS FOLLOWS:

a THE BIDDER, SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AGE, DISABILITY, OR ANY OTHER BASIS PROHIBITED BY STATE LAW RELATING TO DISCRIMINATION IN EMPLOYMENT, EXCEPT WHERE THERE IS A BONA FIDE OCCUPATIONAL QUALIFICATION REASONABLY NECESSARY TO THE NORMAL OPERATION OF THE SUCCESSFUL OFFEROR. THE SUCCESSFUL BIDDER AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES SETTING FORTH THE

PROVISIONS OF THIS NONDISCRIMINATION CLAUSE.

b. THE SUCCESSFUL BIDDER, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE SUCCESSFUL BIDDER, SHALL STATE THAT SUCH SUCCESSFUL BIDDER IS AN EQUAL OPPORTUNITY EMPLOYER.

c. NOTICES, ADVERTISEMENTS, AND SOLICITATIONS PLACED IN ACCORDANCE WITH FEDERAL LAW, RULE OR REGULATION

SHALL BE DEEMED SUFFICIENT FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THIS SECTION.

2. THE SUCCESSFUL BIDDER WILL INCLUDE THE PROVISIONS OF THE FOREGOING PARAGRAPHS A, B, AND C IN EVERY

SUBCONTRACT OR PURCHASE ORDER OF OVER $10,000, SO THAT THE PROVISIONS WILL BE BINDING UPON EACH

SUBCONTRACTOR OR VENDOR.

Name and Address of BIDDER: Date: _____ Authorized Signature__________________________

Printed Name:___________________________Title:____________________________

Phone Number:__________________________ Fax Number:_____________________

Email Address:__________________________________________________________

Federal Tax Identification Number/Social Security Number: ________________________________

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

African American Hispanic American American Indian Eskimo Asian American Aleut Other; Please Explain:

Is Offeror Woman Owned? Yes No Is Offeror a Small Business? Yes No

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Is Offeror a Faith-Based Organization? Yes No

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Scope of Work

The purpose of this bid is to establish a contract(s) with qualified contractor(s) to provide gymnasium and hardwood flooring refinishing and refurbishing services to Hampton City Schools (HCS) on an on-call as needed basis.

For each renewal period, fees may be increased with any such increase limited to the lesser of (a) the percentage change in the current Consumer Price Index for all urban customers (CPI-U) or (b) three percent (3%). Vendor shall be responsible to notify each entity, in writing, prior to the renewal date for any increases for renewal periods. Hampton City Schools reserves the right to award multiple contracts should it be determined by them in their sole discretion, to be in their best interest as specified herein.

Specific Requirements

Contractor shall perform services to the highest standards in the flooring industry.

Each project will have a predetermined timeline established between HCS and the contractor. Separate Purchase Orders and Notices to Proceed will be issued for each project performed under the resulting contract.

No work shall commence until a purchase order has been issued to the contractor. Work hours shall be subject to approval by building administrators and owners.

Normal business hours are Monday through Friday, 7:00A.M to 5:00P.M.

Floors shall be left in a “like-new” condition at the completion of each task.

The successful contractor will be responsible for obtaining any and all permits, if applicable.

The successful contractor will be responsible for the removal of any and all discarded materials from the job site immediately following the completion of work.

Damage caused by the contractor as a result of work on this contract shall be repaired by the contractor at the contract’s expense. Expectations to this will be considered on a case-by-case basis.

Accessibility to the property will be designated by the building administrator/owner.

The successful contractor shall be able to respond within 24 hours as needed.

School lounges, telephones, or other school equipment will not be used by the contractor.

Use of tobacco products, alcohol or illegal drugs are prohibited on HCS property. Contractor’s employees shall exit or be removed from the property upon discovery of such use and not be allowed back on the property for the duration of that particular project.

PROCESSES FOR SCREENING AND RECOATING

The following steps for general screening and recoating shall be required by the awarded contractor(s):

1. Flooring shall be thoroughly cleaned using properly treated dust mops.

2. Contractor shall ensure all foreign material has been removed before abrading surfaces.

3. Flooring shall be inspected for damage. If damage is found, Contractor shall notify the owner immediately as well as document the damage on the Wood Floor Inspection Form provided by HCS.

4. Flooring shall be screened with medium (100) grit screens until uniformly dull. All swirls caused by medium screen shall be removed using a fine (150) screen.

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5. All dust and debris shall be removed from the floor without the use of treated dust mops.

6. The floor shall be tacked with manufacturer approved tack solvent following manufacturer’s recommended procedures. Special attention shall be given to painted lines and logos to ensure they are clean of dirt and debris before sealing.

7. Cover any and all sleeved in the floor, such as for gymnastics and volleyball, so that they are not coated with finish.

8. The owner shall be contacted to approve floor cleanliness and condition prior to applying floor finish.

9. Apply first and final high gloss coat of floor finish in accordance with the manufacturer’s instructions. (Assumed use of Sika-WP-8, 450 VOC One Coat Polyurethane, which requires only one coat to achieve mil thickness).

An even coat shall be applied over the floor with the grain, using a clean lamb’s wool applicator or other method approved by the manufacturer. Allow 24 hours to dry thoroughly if two coats are required.

10. Finished floor shall have a smooth, uniform appearance with no visible swirl marks in or throughout the finish. If not, it shall be the responsibility of the contractor to absorb the additional cost to achieve the desired appearance.

PROCESSES FOR SANDING AND REFINISHING

The following steps for general screening and re-coating shall be required by the awarded contractor(s):

1. Using properly treated dust mops, cleaning the floor thoroughly.

2. Inspect the entire gym floor to ensure that all foreign matter has been removed.

3. Inspect the floor for any damage(s). If any damage is found, notify the Owner representative immediately and document on the Wood Floor Inspection Form.

4. Sand the entire floor using only heavy powered sanders. Contractor must provide generator to supply electricity for sander. Do not plug into building outlet.

5. For the first cut, the floor shall be sanded in both directions, going with the grain of the floor using a low grid sandpaper (20-30 grit) to cut off the finish.

6. Using 40, 60, 80 and 100 grit sandpaper, continue sanding the floor to remove the scratch marks from the lower grade. Skipping grits is not permitted. Diagonal cuts are also not permitted. The sanding machine shall not be moved more that two boards at a time for each transverse on any of the cuts.

7. The last cut shall be screening the floor with a rotary buffer and 100 grit sanding screen or a fine grit sandpaper.

8. Once all the sanding has been completed, vacuum and clean the floor area.

9. Re-inspect the floor surface for any split boards or seriously damaged area of the surface or sub floor.

Immediately notify the Owner representative of any repairs or replacements that are necessary. Do not perform any repairs or replacements without prior written approval from Owner representative.

10. Notify the Owner representative that the floor surface is ready for inspection before proceeding to the next step.

11. Cover any and all sleeves in the floor, such as for gymnastics and volleyball, so that they are not coated with finish.

12. Apply the first coat of sanding seal using a VOC compliant and Maple Flooring Manufacturers Association (MFMA) approved sanding sealer. Allow at least twenty-four (24) hours to dry.

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13. Screen the floor with 120 grit screens to take out grain raise.

14. Clean the entire floor surface and then apply second coat of sealer. Allow 24 hours to dry.

15. Screen or use a high grit sandpaper to abrade the finish and further smoother the floor.

16. Clean the entire floor surface.

17. Paint the gym lines and logos as per drawings provided and approved by the Owner’s representative.

Drawings must be in accordance with National Federation of State High School Associations’ and Virginia High School League regulations. No changes can be made without prior written approval from Owner representative.

Allow the paint to dry for at least five (5) days. Paint must be VOC compliant and compatible wit the sanding sealer and finish.

18. Abrade the paint using a high grit sandpaper to assure adhesion to the finish.

19. Clean the entire floor surface.

20. Before applying first coat of finish, thoroughly tack rag the floor, giving particular attention to edges and corners, to eliminate any dust or debris in finish.

21. Apply first coat of finish to accordance with manufacturer’s instructions and allow to dry completely.

22. Lightly abrade the floor with #2 steel wool or screen to break the surface tension for bonding with the next coat.

23. Vacuum, then double tack rag treat the floor.

24. Apply second coat of finish in accordance with manufacturers’ instructions.

25. Finished floor must have a uniform smooth appearance with no visible swirl marks in or through the finish.

26. Contractor must ensure that the entire area, furniture and equipment is free of dust related to project.

FLOOR REPAIRS

1. Contractor shall remove damaged area of flooring identified by the Owner’s representative. Care will be taken to avoid damaging adjacent areas of flooring. Damaged boards/dead spots shall be repaired in a manner to match existing system.

2. It is the Contractor’s responsibility to identify and match existing floor system and sub floor at each location prior to sanding of floor.

3. Wood strip species, grand and cut: Provide hard maple, second or better grade, from MFMA approved manufacturer.

4. Seasoning: Manufacture wood strip flooring from kiln-dried lumber (before milling). Contractor is required to check moisture content of wood with moisture meter according to manufacturer’s recommendations.

5. Protect wood athletic flooring from excessive moisture in shipment, storage, and handling. Deliver in unopened cartons or bundles and store in dry place with adequate air circulation. Do not deliver material to building until “wet work”, such as old floor removal, has been completed and all returned to a condition of equilibrium.

6. Installation and repairs shall be completed with flooring manufacturer’s instructions and recommendations to meet manufacturer’s warranty requirements.

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7. All mounting hardware in floor shall be reinstalled, if removed during repair.

PRODUCTS

1. All products used in performance of this contract shall comply with the Volatile Organic Compound (VOC) Emission Standards adopted by the Commonwealth of Virginia (Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution). Sealers, paints and finishes must have a VOC rating of <350g/L. The products must be produced by a manufacturer whose products are tested and approved by the Maple Flooring Manufacturers Association (MFMA) or equal institution.

2. The desired floor finish is Sika WP-8, 450 VOC One Coat Polyurethane. A substitute finish must be at least 50% non-volatile solids, oil modified urethane with VOC content of less than 350 grams per liter. A proposed substitute finish must have been tested and approved by MFMA. Bidders are to provide a copy of testing approval by MFMA as part of their substitution request. Failure to provide complete information in the Bid or a substitute finish that does not conform to this specification will result in Bid being considered NONRESPONSIVE and the Bid will be disallowed.

3. Contractor will bring approved products to job sites in factory sealed and labeled containers for Owners’ inspection. Finish must be non-yellowing.

SITE INSPECTION

Contractor(s) are expected to be familiar with and take into consideration site conditions that may affect work, the finished product, and to have checked all dimensions at each site if necessary. Claims, as a result of failure to inspect the job site(s), shall not be considered by Owner.

Special Instructions to Bidders

A. Definitions:

1. Issuing Office Wherever used in this Invitation to Bid, Issuing Office will be:

Alicia Brown, Senior Buyer Consolidated Procurement Division Community, Municipal Services/Education 1 Franklin Street, Suite 345 Hampton, VA 23669 Phone: (757) 727-2196 Email: alicia.brown@hampton.gov

2. HCS Contract Administrator

Wherever used in this Invitation to Bid and for purposes of any notices under this contract, HCS Contract Administrator will be:

Dr. Daniel Bowling HCS – Operations and Maintenance 2113 Woodmansee Drive Hampton, VA 23669 Phone : 757-850-2123 Email : dbowling@hampton.k12.va.us mailto:alicia.brown@hampton.gov mailto:dbowling@hampton.k12.va.us

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B. Questions:

Bidders must submit questions regarding this Invitation to Bid in writing to the Issuing Office via email to:

alicia.brown@hampton.gov no later than September 1, 2026 at 3:30PM EST. Necessary replies will be issued to all bidders 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 the Hampton Procurement web site at www.hampton.gov/bids-contracts or the eVA website at www.eva.virginia.gov prior to bid opening to secure any addenda issued for this ITB.

C. Late Submissions, Modifications, and Withdrawal of Bid:

Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Issuing Office designated in the ITB by the time specified in the ITB.

Any bid, modification, or withdrawal received at the Issuing Office designated in the ITB after the exact time specified for receipt of bids shall be considered "late" and will not be considered unless there is acceptable evidence to establish that it was received at the Issuing Office and was under the control of HCS prior to the time set for receipt of bids.

Acceptable evidence to establish the time of receipt at the Issuing Office includes the time/date stamp of that office on the bid wrapper, other documentary evidence of receipt maintained by the office, or oral testimony or statements of Consolidated Procurement Division personnel.

If an emergency or unanticipated event interrupts normal HCS processes so that bids cannot be received at the Issuing Office by the exact time specified in the ITB and urgent HCS requirements preclude modifications to the ITB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal City processes resume.

Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. A bid may be withdrawn in person by a Bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established, a formal written request to withdraw the Bid is submitted on the firm’s letterhead, and the person signs a receipt for the bid.

D. Preparation of Bids:

To be considered for award, a bid must comply in all material respects with the ITB. Bidders are expected to examine the drawings, specifications, and all instructions in this ITB. Failure to do so will be at the Bidder's own risk.

Each Bidder shall furnish the information required by the solicitation. The Bidder is expected to:

• Sign the bid and print or type its name and address on the cover of the ITB;

• Sign the ANTICOLLUSION/NON-DISCRIMINATION on page 2 of this ITB and complete all other information requested on the same page;

• Complete the Pricing Sheet requested in the ITB;

• Changes must be initialed by the authorized Agent signing the bid. In case of discrepancy between a unit price and an extended price, the unit price shall govern as the correct price.

• Complete all applicable Attachments (i.e. A, B, C, etc.)

Bids for supplies or services other than those specified will not be considered unless authorized by the solicitation.

Bidders must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation. Time, if stated as a number of days, will be interpreted to include Saturdays, Sundays, and holidays.

• Acknowledge Addenda on page 1 of this solicitation.

E. Descriptive Literature:

"Descriptive literature," as used in this provision, means information furnished by a Bidder, such as cuts, illustrations, drawings, and brochures that shows a product's characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

mailto:alicia.brown@hampton.gov http://www.hampton.gov/bids-contracts http://www.eva.virginia.gov/

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Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements including, but not limited to:

• Design;

• Materials;

• Components;

• Performance characteristics; and

• Methods of manufacture, assembly, construction, or operation.

• Descriptive literature, required elsewhere in this solicitation, must be:

• Identified to show the item(s) of the offer to which it applies; and

• Received by the time specified in this solicitation.

• If the Bidder fails to submit required descriptive literature on time with the Bid submittal, HCS may reject the bid.

If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, HCS will reject the bid.

F. Bid Submittal Requirements:

Bids must be submitted utilizing the following requirements:

• Bids shall be placed in a sealed envelope or package, and the envelope or package labeled with the Invitation for Bid's item number and the name and address of the Bidder. Submit the original bid.

Bidders are encouraged to submit bids on recycled paper. Please print one one side and do not use staples.

• Bidders may also submit bids via DemandStar (www.demandstar.com) until theClosing Date and Closing Time as specified in this solicitation including any addenda issued by this office.

• All bids shall be received and time stamped in the Issuing Office no later than the Closing Date and Time shown on the cover page of this Invitation to Bid. Any bid received after the specified date and time (time stamped 11:01 a.m. or later) shall not be considered and shall be returned unopened to Bidder.

• Bids received by telephone, telegraph, email, or facsimile shall not be accepted.

• Bids must include all elements noted in the Bid Preparation paragraph above.

• Bids should be submitted in the format specified on the pricing sheet.

• Statement setting forth the basis for protection of proprietary information, if any, as detailed in the

Proprietary Information/Disclosure section

G. Bid Opening:

The Issuing Office shall decide when the time set for opening bids has arrived. Bids received before the bid opening time will be publicly opened and, if practical, read aloud to the persons present, recorded and abstracted. Review of the abstract of the bids by interested persons will be permitted immediately after bid opening, as soon as prepared, if it does not unduly interfere with the conduct of HCS business, as determined by the Issuing Office. Bid records shall be open to public inspection only after a formal evaluation and award determination has been made by the Issuing Office.

Contact with HCS Staff, Representatives, and/or Agents:

Direct contact with HCS staff, representatives, and/or agents other than 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 of the Procurement Department.

H. A withdrawal of bid due to error shall be in accordance with Section 2.2-4330 B (1) of the Code of Virginia. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after conclusion of the bid opening procedure and shall submit original work papers with such notice.

I. FOREIGN AND DOMESTIC BUSINESSES-AUTHORITY TO TRANSACT BUSINESS IN THE

COMMONWEALTH

Contractor whether organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity and shall provide proof thereof.

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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 Agreement.

Failure by the Contractor to remain in compliance with the provisions of this section shall be deemed a material breach of this Agreement.

Hampton City Schools does not discriminate on the basis of race, color, national origin, sex disability, age or other protected classes in its programs, activities, and employment practices and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the non-discrimination policies: Robbin A. Ruth, Executive Director of Human Resources, One Franklin Street, Hampton, Virginia 23669, 757-727-2318.

I. General Terms and Conditions A. Contract Document:

This ITB, its Addenda, and Successful Bidder's bid will constitute the final contract, hereafter referred to as “this contract”. These documents will be incorporated by reference into HCS purchase order awarding this contract.

B. 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 opening date of this Invitation for Bid.

C. 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. Specifically, if Bidder seeks to protect any proprietary data or materials, pursuant to Section 2.2-4342, Bidder shall:

• Invoke the protections of this section prior to or upon submission of the data or other materials,

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

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

• Information submitted that does not meet the above requirements will be considered public information in accordance with State statutes.

• CITY reserves the right to submit such information to HCS attorney for concurrence of the Bidder’s claim that it is in fact proprietary.

• References to the proprietary information may be made within the body of the Proposal; however, all information contained within the body of the Proposal shall be public information in accordance with State statutes.

• Trade secrets or proprietary information submitted by a Bidder in conjunction with this ITB is not subject to public disclosure under the Virginia Freedom of Information Act (VFOIA).

• Information submitted that does not meet the above requirements will be considered public information in accordance with the VFOIA.

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

D. Contract Modification(s):

After award, any and all modifications to this contract shall be mutually agreed to by both parties, in writing, and authorized by HCS Purchasing Agent or his designee via issuance of a change order (purchase order).

E. Bidder Obligation:

Bidder shall carefully examine the contents of this Invitation for Bid and any subsequent addenda. Failure to do so shall not relieve the Successful Bidder of its obligation to fulfill the requirements of any contract awarded as a result of this ITB.

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F. Conditions of Work:

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

G. Prime Contractor:

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

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

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

• The use of subcontractors and the work they perform must receive the prior written approval of HCS.

HCS will designate a Contract Administrator to approve such work.

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

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

H. Subcontractors:

Contractor's use of subcontractors and the work they are to perform must receive written approval from the Contract Administrator at least ten (10) calendar days prior to the work being performed. Contractor shall be solely responsible for all work performed and materials provided by subcontractors. Contractor shall be responsible for the liability of subcontractors for the types and limits required of the Contractor.

Payments to Subcontractors:

In accordance with Title 2.2, Chapter 43, Article 4 of the Code of Virginia (Virginia Public Procurement Act), 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 in the Agreement, to the subcontractors on all amounts that remain unpaid after seven (7) days except for the amounts withheld as provided herein.

These same requirements shall be included in each subcontract and shall be applicable to each lower-tier subcontractor.

Contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section may not be construed to be an obligation of the City. An Agreement 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.

I. Non-Assignment:

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

J. Antitrust:

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

K. Anti-collusion/Nondiscrimination Requirements Form:

The attached “Anti-collusion/Nondiscrimination Requirements” form, on page 2 of this ITB, shall be executed by Bidder and is to be submitted with Bidder’s Proposal. 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 signed the anti-collusion/nondiscrimination statement.

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L. Hold Harmless/Indemnification:

It is understood and agreed that Contractor hereby assumes the entire responsibility and liability for any and all material damages to persons or property caused by or resulting from or arising out of any act or omission on the part of 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. Contractor agrees to indemnify and hold harmless HCS 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 HCS, Contractor shall assume and defend at Contractor's sole expense any and all such suits or defense of claims made against HCS, its agents, volunteers, servants, employees or officials.

M. Notices:

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

To the School Board of the City of Hampton: HCS Contract Administrator as designated in this ITB.

To Contractor: Contractor’s Contract Administrator as defined in Successful Bidder’s Bid Response. Either party may from time to time change the individual(s) to receive notices and/or its address for notification purposes by giving the other party written notice as provided above.

N. Non-Performance:

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

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

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

4. HCS reserves the right to authorize immediate purchase from other sources against rejections.

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

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

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

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

O. Termination Without Cause:

HCS may at any time, and for any reason, terminate this Contract by written notice to Contractor specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed. Notice shall be given to Contractor by certified mail/return receipt requested at the address set forth in Contractor's Bid Proposal or in Paragraph I of this Contract. In the event of such termination, Contractor shall be paid such amount as shall compensate Contractor for the work satisfactorily completed, and accepted by HCS, at the time of termination. If HCS terminates this Contract, Contractor shall withdraw its personnel and equipment, cease performance of any further work under this Contract, and turn over to HCS any work completed or in process for which payment has been made.

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P. Termination with Cause/Breach:

In the event that Contractor shall for any reason or through any cause be in default of the terms of this Contract, HSC may give Contractor written notice of such default by certified mail/return receipt requested at the address set forth in Contractor's Bid Proposal or in Paragraph I of this Contract. Unless otherwise provided, Contractor shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of Contractor to cure the default, City may immediately cancel and terminate this Contract as of the mailing date of the default notice. Upon termination, Contractor shall withdraw its personnel and equipment, cease performance of any further work under the Contract, and turn over to City any work in process for which payment has been made. In the event of violations of law, safety or health standards and regulations, this Contract may be immediately cancelled and terminated by HCS and provisions herein with respect to opportunity to cure default shall not be applicable. This contract may be terminated by either party in the event that the other party has failed to perform a material obligation or has otherwise breached a material term of this contract, if that other party has failed to cure that failure or breach within ten (10) days after receipt of written notice thereof from the other party.

Q. Breach of Contract:

Contractor shall be deemed in breach of this contract if the Contractor:

Fails to comply with any terms of this contract;

Fails to cure such noncompliance within ten (10) calendar days from the date of HCS written notice or such other time frame, greater than ten (10) calendar days, specified by HCS Contract Administrator in the notice.

Fails to submit a written response to HCS’s notification of noncompliance within ten (10) calendar days after the date of HCS notice.

All notices under this contract shall be submitted, either by fax or certified mail, return-receipt requested, to the respective contract administrator. Contractor shall not be in breach of this contract as long as its default was due to causes beyond the reasonable control of and occurred without any fault or negligence on the part of both the Contractor and its subcontractors. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of HCS in its sovereign capacity, fires, floods, epidemics, strikes, freight embargoes, and unusually severe catastrophic weather such as hurricanes.

R. Applicable Law:

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

Regardless of where actually delivered and accepted, this Contract shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia.

S. Compliance with All Laws:

Contractor shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of 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 this Contract prior to the initiation of work.

Contractor further expressly represents that it is a corporation, partnership, or limited liability company, that it is in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of this Contract. Contractor shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of Contractor's obligations hereunder. All City of Hampton business license, personal property, real estate and other applicable tax requirements shall be met by Contractor.

T. Immigration Reform and Control Act of 1986

Contractor/Vendor 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.

U. Venue:

Venue shall be in the Circuit Court of HCS of Hampton, Virginia, and the United States District Court for the Eastern District of Virginia, Norfolk Division, compliant with applicable laws and regulations, as deemed appropriate by HCS of Hampton. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the

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City of Hampton, or the United States District Court for the Eastern District of Virginia, Norfolk Division.

V. Severability:

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

W. Non-Appropriation of Funds:

It is understood and agreed between the parties hereto that HCS shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this Contract.

In the event funds are not appropriated and budgeted in any fiscal year for payments due under this Contract, HCS shall immediately notify Contractor of such occurrence and this Contract shall terminate on the last day of the fiscal year for which (an) appropriation(s) (was) were received without penalty or expense to HCS of any kind whatsoever.

X. Tax Exemption:

HCS of Hampton is exempt from federal excise tax and from all State and local taxes. Contractor shall not include such taxes in any invoices under this agreement. Upon request, HCS will furnish the Contractor with tax exemption certificates or HCS of Hampton’s tax-exempt number.

Y. Vendor’s Invoices:

Contractor shall submit to HCS all invoices promptly upon completion of the requirements for installation, delivery, and acceptance of the Products and Services required under this contract. Invoices shall not include any costs other than those identified in the executed HCS purchase order awarding this contract or any subsequent change orders issued by the Consolidated Purchasing Division on behalf of HCS. All shipping costs are the Contractor’s responsibility, except to the extent such charges are identified in the executed HCS purchase order or change orders. Contractor’s invoices shall provide at a minimum:

• Type and description of the Product or Service installed, delivered and accepted;

• Serial numbers, if any;

• Quantity delivered;

• Charge for each item;

• Extended total (unit costs x quantity);

• This ITB number and City Purchase Order Number.

Z. Contractual Disputes:

Any dispute concerning a question of fact as a result of a contract with HCS of Hampton which is not disposed of by agreement shall be decided by the Purchasing Agent or designee, who shall reduce his decision to writing and mail or otherwise forward a copy thereof to the contractor within thirty (30) days. The decision of Purchasing Agent or designee shall be final and conclusive unless the contractor appeals within six (6) months of the date of the final written decision by instituting legal action as provided in the Code of Virginia. A contractor may not institute legal action, prior to receipt of the public body's decision on the claim, unless the public body fails to render such decision within the time specified. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty days after final payment;

however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment.

AA. 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 HCS. 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

ITB 27-270332/AB Page 15 of 38 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 HCS.

BB. Payment Terms:

To be eligible for payment, all labor, equipment and materials covered under Contractor’s invoice must be completed and accepted by HCS. HCS agrees to make payments under this contract within thirty (30) days after receipt of a correct invoice for such payment. Where payment is made by mail, the date of postmark shall be deemed to be the date of payment. Any amounts due HCS of Hampton under the terms of this or any other agreement may be applied against Contractor’s invoices with documentation for the basis of the adjustment attached. In no event shall any interest penalty or late fee accrue when payment is delayed because of disagreement between HCS and Contractor regarding the quantity, quality, time of delivery, or other noncompliance with the contract requirements for any Product or Service or the accuracy or correctness of any invoice. Payment terms offering a "prompt payment discount" of 20 days or greater may 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 Bidder shall be Net 45 days.

CC. Audits:

HCS shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Contract (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Contractor, including, but not limited to those kept by Contractor, its employees, agents, assigns, successors and subcontractors.