ITB 27-30AB FUEL ISLAND MAINTENANCE AND REPAIR.pdf

INVITATION TO BID – GOODS AND SERVICES

ISSUE DATE:

OCTOBER 27, 2026

ITB #:

27-30/AB

NIGP CODE:

92843; 92844

DATE/TIME OF CLOSING:

NOVEMBER 24, 2026 @ 1:00PM EST

BUYER NAME:

ALICIA BROWN

COMMODITY:

FUEL ISLAND AND SYSTEM

MAINTENANCE AND REPAIR

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

REPAIR SERVICES FOR THE CITY’S FUEL ISLAND AND ASSOCIATED COMPONENTS.

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 41 (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:

Alicia Brown, Senior Buyer Phone: 757-727-2196 Consolidated Procurement Division Email: alicia.brown@hampton.gov 1 Franklin Street, Suite 345 Hampton, Virginia 23669

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

Nestor Sosa, Fleet Services Superintendent Phone: 757-727-6136 Hampton Sheriff Office Email: nestor.sosa@hampton.gov 1928 W Pembroke Ave Hampton, Virginia 23661 mailto:alicia.brown@hampton.gov mailto:nestor.sosa@hampton.gov

City of Hampton Page 3 of 41 (rev. 12-6-22)

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.

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 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.

III. SCOPE OF CONTRACT.

The City of Hampton Public Works Fleet Services Division is seeking bids from qualified contractors to provide inspection, troubleshooting, repair, replacement, testing, and related maintenance services for the City's fuel island, fuel dispensing systems, fuel management equipment, and associated components. The selected contractor shall furnish all labor, materials, equipment, tools, supervision, permits, testing, documentation, and incidental services necessary to complete approved work in a safe, professional, and workmanlike manner.

Services shall include, but are not limited to:

• Inspection, troubleshooting, diagnosis, and evaluation of the fuel island and associated equipment.

• Identification of equipment deficiencies, failures, leaks, unsafe conditions, and components requiring repair or replacement.

• Repair or replacement of damaged, defective, worn, failed, or malfunctioning components, as approved by the

City.

• Troubleshooting and repair of fuel dispensers, pumps, motors, meters, valves, filters, hoses, nozzles, breakaway devices, swivels, fittings, piping connections, and related dispensing components.

• Repair and service of fuel management and electronic equipment associated with dispensing operations, including card readers, controllers, displays, communication equipment, wiring, sensors, and related interfaces, when applicable.

• Inspection, troubleshooting, and repair of emergency stop/emergency shutdown equipment, associated controls, contactors, switches, alarms, and related components.

• Inspection and repair of electrical components associated with the fuel island, including disconnects, breakers, conduit, wiring, grounding/bonding, junction boxes, and other components within the contractor's authorized scope.

• Inspection and repair of leak detection, monitoring, containment, and related equipment when such equipment is part of the approved repair.

• Inspection and repair of spill containment, dispenser containment, sump/containment components, covers, seals, drains, and related equipment when applicable.

• Repair or replacement of piping, fittings, seals, gaskets, flexible connectors, and other fuel-system components when approved by the City.

• Calibration, adjustment, testing, and verification of meters, dispensers, sensors, controls, and other equipment when required to return the system to proper operation.

• Testing after repair to verify safe operation, proper dispensing, proper shutdown functions, and absence of observable leaks or other deficiencies.

• Coordination with the City and, when required, applicable regulatory authorities, inspectors, equipment manufacturers, utility providers, or other authorized parties.

• Removal and proper disposal of debris, failed components, contaminated materials, and waste generated by the work.

• Cleanup and restoration of the work area to a clean, orderly, safe, and operational condition.

The contractor shall provide a written description and detailed cost estimate for any repairs, replacement, testing, excavation, or other services not explicitly identified within the Scope of Services. No additional work shall be performed without prior written authorization from the City.

1. Equipment and Systems Covered

The fuel island repair scope may include, as applicable to the City's installed systems:

• Fuel dispensers and dispensing cabinets.

• Fuel pumps, pump motors, submersible turbine pumps, and related pumping equipment.

• Fuel meters, valves, filters, strainers, regulators, and associated components.

• Fuel hoses, nozzles, swivels, breakaway devices, fittings, and hanging hardware.

• Aboveground fuel piping and approved components connected to the dispensing system.

• Underground piping and associated components only when specifically included in the approved work order.

• Spill buckets, containment sumps, under-dispenser containment, covers, seals, and related containment equipment.

• Automatic tank gauging, leak detection, line leak detection, sensors, probes, alarms, and monitoring equipment when applicable.

• Emergency fuel shutoff/emergency stop systems and related electrical controls.

• Fuel management system equipment, card readers, access controls, displays, controllers, communication equipment, and related wiring.

• Electrical disconnects, breakers, conduit, junction boxes, wiring, grounding and bonding associated with the fuel dispensing equipment.

• Fuel island lighting and other directly associated electrical equipment when included in the approved repair.

• Canopies, bollards, dispenser islands, equipment pads, covers, and other physical components only when directly related to safe operation of the fuel dispensing system.

2. Project Objectives

The primary objective is to restore and maintain the fuel island and associated equipment in a safe, reliable, compliant, and fully operational condition. The contractor shall:

• Correct existing equipment deficiencies and failures.

• Ensure safe and reliable fuel dispensing operations.

• Minimize interruptions to City fleet fueling activities.

• Protect personnel, vehicles, property, and the environment during repair activities.

• Perform repairs in accordance with applicable codes, regulations, manufacturer requirements, and recognized industry standards.

• Provide quality workmanship and durable repairs.

• Identify potential equipment issues that may affect continued operation or regulatory compliance.

• Provide the City with sufficient documentation to support maintenance records, inspections, warranty claims, and regulatory compliance.

3. Contractor Qualifications and Responsibilities

The contractor shall provide qualified personnel with demonstrated experience servicing commercial, municipal, fleet, or other motor-fuel dispensing facilities and shall maintain any licenses, certifications, registrations, or manufacturer qualifications required for the work being performed.

• Provide all labor, supervision, tools, equipment, materials, testing equipment, and incidental services necessary to complete approved work.

• Perform all work in a professional and workmanlike manner.

• Comply with all applicable federal, state, and local laws, codes, regulations, environmental requirements, and safety standards.

• Follow applicable manufacturer specifications and recommendations.

• Maintain a safe work area throughout the project and protect the City's employees, vehicles, facilities, and fueling operations.

• Coordinate work activities, access, shutdowns, and restoration with City personnel.

• Immediately notify the City of conditions that may affect schedule, cost, safety, environmental compliance, equipment integrity, or successful completion.

• Obtain City approval before performing work outside the approved scope.

• Properly handle, transport, and dispose of all waste, petroleum-contaminated materials, and other materials generated by the work.

• Provide qualified personnel and appropriate equipment for work involving electrical, petroleum, fuel-dispensing, or hazardous locations as applicable to the task.

4. Codes, Standards, Permits, and Safety Requirements

All work shall comply with applicable federal, state, and local laws, regulations, permits, codes, safety requirements, environmental requirements, manufacturer instructions, and recognized industry standards applicable to the work. The contractor is responsible for determining which requirements apply to each repair and for performing the work accordingly.

• Applicable Virginia Department of Environmental Quality (DEQ) petroleum storage tank requirements.

• Applicable federal and Virginia underground storage tank requirements when work affects a regulated UST system.

• Applicable fire and building codes and requirements governing motor-fuel dispensing facilities.

• Applicable electrical codes and requirements for hazardous/classified locations and fuel-dispensing equipment.

• Applicable manufacturer specifications and installation requirements.

• Applicable occupational safety requirements, including appropriate lockout/tagout, electrical safety, and fuel-handling practices.

• Applicable environmental protection, spill prevention, waste handling, and disposal requirements.

The contractor shall immediately notify the City of any fuel leak, suspected release, hazardous condition, damaged containment, electrical hazard, emergency-shutdown deficiency, environmental concern, or other condition presenting a potential threat to personnel, property, or operations. Work shall be stopped or secured when necessary to protect personnel, property, and the environment.

5. Emergency Shutdown and Fuel Island Safety

Before beginning work that could affect fuel dispensing or create a safety hazard, the contractor shall coordinate with City personnel regarding shutdown and isolation of the affected equipment.

• Identify and isolate the equipment being repaired before work begins.

• Use appropriate lockout/tagout and electrical isolation procedures when required.

• Verify that emergency shutdown/emergency stop functions are operational after applicable repairs.

• Protect against ignition sources, fuel spills, uncontrolled dispensing, and accidental energization.

• Maintain appropriate fire protection, spill-response, and emergency-access provisions during the work.

• Do not return equipment to service until required repairs and safety checks have been completed.

6. Inspection, Diagnosis, and Repair Authorization

For each service call or work order, the contractor shall inspect and diagnose the reported problem before replacing components when practical. The contractor shall identify the cause of failure, the recommended corrective action, parts and materials required, estimated labor, and any related conditions that could affect the repair.

• Provide a written diagnosis or service report for significant repairs.

• Identify whether the condition is a repair, component replacement, adjustment, calibration, testing, or other service.

• Identify any related deficiencies discovered during inspection.

• Provide photographs when useful to document failed components, leaks, damage, or completed repairs.

• Obtain City authorization before proceeding with repairs that require additional cost or are outside the approved work order.

7. Scheduling and Coordination

All work shall be scheduled and coordinated with the City of Hampton Public Works Fleet Services Division prior to commencement. The contractor shall make reasonable efforts to minimize disruption to City fleet fueling operations and shall coordinate shutdowns or temporary closures with the City.

• Provide an anticipated work schedule and estimated duration.

• Promptly communicate delays, parts issues, site conditions, or other factors that may affect completion.

• Coordinate access to the fuel island and affected equipment with designated City personnel.

• Coordinate any required shutdown or return-to-service activities with the City.

• Identify any work that will require excavation, extended fuel-island closure, utility interruption, or specialized equipment before beginning the work.

8. Parts, Materials, and Replacement Equipment

• Replacement parts shall be new unless otherwise approved in writing by the City.

• Parts shall be compatible with the City's existing fuel, dispensing, monitoring, and control systems.

• The contractor shall provide manufacturer, model, part number, and product information for significant replacement components upon request.

• The contractor shall not substitute components that materially change system operation, compatibility, safety, or regulatory status without City approval.

• The contractor shall identify obsolete or unavailable components and provide an appropriate replacement recommendation for City approval.

9. Testing, Calibration, and Return to Service

Upon completion of approved repairs, the contractor shall inspect and test the repaired equipment to verify proper operation and compliance with applicable requirements. Testing shall be documented and provided to the City.

• Verify proper operation of repaired equipment under normal operating conditions.

• Verify applicable emergency shutdown/emergency stop functions.

• Verify applicable leak detection, monitoring, alarms, sensors, and control functions.

• Verify proper operation of dispensing equipment, including meters, hoses, nozzles, and related components repaired or replaced.

• Perform required calibration, testing, or inspection associated with the repair.

• Document test results, deficiencies, and final operating status.

• Do not return affected equipment to service when a known safety or regulatory deficiency remains, unless specifically authorized by the City and permitted by applicable requirements.

Where applicable to regulated UST equipment, testing following repair shall be performed within the time period required by applicable Virginia DEQ requirements and the results shall be provided to the City.

10. Regulatory and Environmental Notification

Upon completion of approved repairs, the contractor shall inspect and test the repaired equipment to verify proper operation and compliance with applicable requirements. Testing shall be documented and provided to the City.

• Verify proper operation of repaired equipment under normal operating conditions.

• Verify applicable emergency shutdown/emergency stop functions.

• Verify applicable leak detection, monitoring, alarms, sensors, and control functions.

• Verify proper operation of dispensing equipment, including meters, hoses, nozzles, and related components repaired or replaced.

• Perform required calibration, testing, or inspection associated with the repair.

• Document test results, deficiencies, and final operating status.

• Do not return affected equipment to service when a known safety or regulatory deficiency remains, unless specifically authorized by the City and permitted by applicable requirements.

Where applicable to regulated UST equipment, testing following repair shall be performed within the time period required by applicable Virginia DEQ requirements and the results shall be provided to the City.

11. Additional Work

Any repairs, replacements, excavation, testing, engineering, permitting, or services identified outside the approved scope shall require prior written authorization from the City. Before proceeding, the contractor shall submit a written description of the proposed additional work, including the reason for the work, scope of repair, materials, estimated labor, schedule, and detailed cost proposal. The contractor shall not perform unauthorized additional work and shall not be entitled to payment for such work.

12. Warranty and Corrective Work

• The contractor shall provide applicable manufacturer warranties and contractor workmanship warranties for repaired or replaced components.

• Warranty terms shall be identified in the proposal and service documentation.

• The contractor shall promptly correct, at no additional cost to the City, deficiencies attributable to the contractor's workmanship or installation during the applicable warranty period.

• Warranty documentation shall identify the covered component, warranty period, and applicable manufacturer or contractor contact information.

13. Deliverables

The contractor shall provide applicable documentation, including:

• Written inspection findings and identified deficiencies.

• Diagnosis and recommended corrective actions.

• Detailed pricing for approved work and proposed additional work.

• Manufacturer, model, part number, and product information for significant replacement components.

• Anticipated work schedule and estimated completion date.

• Service reports documenting completed repairs.

• Testing, calibration, inspection, or certification results, as applicable.

• Photographs or other documentation when requested by the City.

• Labor and material warranty information.

• Permits, inspection documentation, or regulatory records associated with the contractor's work, when applicable.

• Invoices and supporting documentation showing labor, materials, parts, and other authorized charges.

14. Cleanup and Site Restoration

The contractor shall maintain the work area in a clean, orderly, and safe condition throughout the project. Upon completion, the contractor shall remove all debris, unused materials, tools, equipment, and waste generated by the work.

All waste and materials shall be handled and disposed of in accordance with applicable environmental laws and disposal requirements. The fuel island and surrounding work area shall be left clean, safe, functional, and ready for normal City operations.

15. Service Responsiveness and Availability

The contractor shall provide the City's designated contact with a reliable method for requesting service and shall identify normal business-hour and emergency service availability. The proposal shall state the contractor's typical response time for routine service requests and emergency fuel-island outages. The City may establish specific response-time requirements in the resulting contract or purchase order.

16. Contractor Proposal Requirements

Each submission should include:

• Company qualifications and relevant fuel island/fuel dispensing experience.

• Applicable licenses, certifications, registrations, and manufacturer qualifications.

• Descriptions of available service capabilities and geographic services areas.

• Normal and emergency service availability and response times.

• Examples of similar municipal, government, commercial, or fleet fuel island projects.

• Any applicable contact information

• Any exclusions, limitations or services the contractor is unable to provide.

IV. 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 alicia.brown@hampton.gov no later than 3:30PM EST on November 10, 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 1:01 PM 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, D, E and F

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 bid. Please do not use staples. Electronic bids may be submitted online via DemandStar.

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 (1:01 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:alicia.brown@hampton.gov 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.

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 terms and conditions as set forth in this Contract and the ITB. Each additional year referred to as a “Renewal Period”.

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 the City, in writing, prior to the renewal date for any increases for renewal periods. 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

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 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 Combined Single Limit

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.

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.