endorsement - Winchester Public Schools

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WINCHESTER PUBLIC SCHOOLS
INVITATION FOR BID
NO. 2013-10
CARPET REPLACEMENT AT
GARLAND R. QUARLES ELEMENTARY SCHOOL
Sealed bids will be received in hand at the Central Administrative Office, Winchester
Public Schools, and 12 North Washington Street, Winchester, Virginia 22601 until
10:00 a.m., local prevailing time, on the 4th day of April, 2013, for:
Carpet Replacement
At
Garland R. Quarles Elementary School
At the date and place above, bids will be publicly opened at 10:15 a.m.
Bidders interested in obtaining a copy of IFB No. 2013-10 may contact the Operations
Assistant at the address shown below.
For ease of reference, each firm submitting a bid in response to this Invitation for Bid
(IFB) is referred to as "Firm" and the Firms selected to provide the specified products
and services to the Winchester Public Schools are referred to as the "Selected Firms".
The School Board shall have the right to waive any informalities in any bid received. In
addition, the School Board has the right to reject a bid if the Firm fails to furnish the
data required by the documents or if in any way the bid is incomplete or irregular.
Bid forms shall be addressed to Eugenia Harper-Smith, and the envelope shall be
marked on the outside in the lower left-hand corner and shall also be marked with the
following notation: “IFB 2013-10 Replace Carpeting at QES”
Winchester School Board
Eugenia Harper-Smith
Operations Assistant
12 N. Washington Street
Winchester, Virginia 22601
(540) 667-4253
SCOPE OF WORK
The selected firm shall provide all necessary labor, materials, and equipment to furnish
and install new carpeting at Garland R. Quarles Elementary School in accordance with
the Technical Specification contained herein.
Quantities shown are for bidder’s general information only. Bidders are required to visit
the school prior to bid to verify existing conditions and to base bids on actual quantity
take-off from measurements at the school.
QES CARPET SF BY CLASSROOM (APPROX.)
ROOM
100-103
104
105
106
107
108-110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127-130
131
132
SF
895
None
None
480
None
760
None
60
554
None
554
960
554
595
442
595
250
595
770
770
770
770
3600
900
616
ROOM
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
SF
616
616
676
616
676
616
676
616
676
924
896
756
896
756
896
756
992
756
INSTRUCTIONS TO SUBMITTING FIRMS
Qualifications of Vendors
Owner may make such investigations as it deems necessary to determine the Vendor's
ability to perform the work. Owner reserves the right to reject any bids if an
investigation of such Vendor fails to satisfy that Vendor is properly qualified to carry out
obligations of the Contract.
Clarification of Vendors Questions
If any Vendor finds discrepancies or omissions in, or should it be in doubt as to the
meaning of any part of the Contract Documents, it shall submit to the Owner a written
request for an interpretation.
Replies will be issued as Addenda, and will become part of the Contract Documents.
The Owner reserves the right to interpret the intent of the Contract Documents covering
any issue not addressed by written inquiry and published addendum.
Time
The vendor must guarantee the complete installation of the carpeting during the period
of June 21, 2013 through July 31, 2013 based on a notice of award on or before May
17, 2013.
Receipt and Opening of Proposals
Bids will be received at the time and place indicated in the Invitations for Bids (IFB) or
as modified by written addendum. The bids will be opened and read aloud publicly at
the time stated in the IFB. Any bid not prepared and submitted in accordance with these
instructions may be rejected. Bids received after the designated time will not be
considered nor opened.
Conditional bids may be accepted or rejected at the discretion of the Owner. The
Owner shall have the right to reject any or all bids and to waive any informality in any
bid received. In addition, the Vendor recognizes the right of the Owner to reject a bid if
the Firm failed to submit the data required by the documents or if in any way the bid is
incomplete or irregular.
Bid Preparation
Bids shall be submitted on the Bid Form or a facsimile thereof, in ink. All blank spaces
shall be completed. Show numbers in words and figures.
Bids shall include all local, state and federal taxes which pertain to this project.
All bids shall be submitted in a sealed envelope with the name of the Vendor appearing
on the outside of the envelope, and shall include the notation “IFB 2013-10 Replace
Carpeting at QES” If forwarded by mail, the sealed envelope shall be enclosed in the
mailing envelope.
Bid Withdrawal
Except as otherwise provided in the Invitation for Bid, no Vendor shall modify, withdraw
or cancel its bid or any part thereof, for sixty (60) days after the time designated for
receipt of bids.
Vendor's Representation
Each Vendor, by submitting a bid, represents that it has read and understands the bid
documents.
Each Vendor, by submitting a bid, represents that it has visited the site and is familiar
with the local conditions under which the work is to be performed.
Pre-Installation Meeting
After the award of the Contract, the Owner shall hold a meeting at the site with the
Vendor to discuss execution of the project, coordination, inspections, and other related
topics.
Clean-up
The premises and construction site shall be kept in a neat and orderly condition during
the installation.
Vendor shall be responsible for waste and rubbish removal from the site and shall, as
often as Owner may require, clean up and remove from premises all waste material and
rubbish of every description which results from operations under this contract.
Laws and Regulations
It shall be understood and agreed that any contract awarded on this bid shall comply
fully with all Local, State and Federal laws and regulations.
Collusion Among Offerors
More than one offer from an individual, firm, partnership, corporation or association
under the same or different name will be rejected. Reasonable grounds for believing
that an offeror is interested in more than one offer for the work contemplated will cause
rejection of all offers in which the offeror is interested. Any or all offers will be rejected if
there is any reason for believing that collusion exists among the offerors. Participants
in such collusion may not be considered in future offers for the same work. Each
offeror, by submitting a bid, certifies that it is not a party to any collusive action.
Employment Discrimination By Contractor Prohibited
1.
During the performance of any contract in excess of $10,000, the successful
offeror agrees as follows:
A.
The successful offeror will not discriminate against any employee or
applicant for employment because of race, religion, color, sex or national origin, except
where religion, sex or national origin is a bona fide occupations qualification reasonably
necessary to the normal operation of the contractor. The successful offeror agrees to
post in conspicuous places, available to employees and applicant for employment,
notices setting forth the provision of this nondiscrimination clause.
B.
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 offeror 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.
City and School Board Employees
No employee of the City of Winchester or the Winchester Public Schools, Virginia, shall
be admitted to any share or part of this contract or to any benefit that may arise
therefrom.
Default
In case of default by the successful offeror, the Winchester School Board, Winchester,
Virginia, may, after notice has been given in writing, procure the services from other
sources and hold the successful offeror responsible for any damage resulting from the
default.
Winchester City Business License
The successful offeror must comply with the provisions of Section 14-1 of the City of
Winchester Business License Ordinance where applicable. For further information on
the provisions of this ordinance and its relationship to this Proposal, contact the
Commissioner of Revenue, Rouss City Hall, at (540) 667-1815.
Qualifications of Offerors
Each offeror may be required, before award of any contract, to show to the complete
satisfaction of the School Board that it has the necessary facilities, ability, and financial
resources, to furnish the service specified herein in a satisfactory manner, and the
offeror may also be required to show past history and reference which will enable the
School Board to be satisfied as to the offeror's qualifications. Failure to qualify
according to the foregoing requirements will justify rejection.
Termination of Contract
Any contract resulting from this solicitation shall remain in force for the full period
specified and until all requirements and conditions, before the date of termination, shall
have been satisfactorily met and the goods or services accepted, and thereafter until all
requirement and conditions shall have been met subject to the School Board's right to
terminate for default or for the convenience of the School Board as described in this
specification.
Termination For Default
The performance of work under the Contract may be terminated by the School Board in
accordance with this clause, in whole or in part, in writing whenever the School Board
shall determine that the vendor has failed to meet the performance requirements(s) of
this Contract.
The School Board has the right to terminate for default if the vendor fails to make
delivery of the supplies or to perform the service within the time specified in the
Contract; or the Vendor fails to perform any other provisions of the Contract; or the
Vendor fails to make progress so as to endanger performance of the Contract.
Any such termination shall be effected by delivery to the Vendor of a notice of
termination specifying the acts or omissions of the Vendor constituting the default,
stating that the Vendor has the right to appeal such decision and stating the date upon
which the termination becomes effective.
Termination For The Convenience of the School Board
The performance of work under the Contract may be terminated by the School Board in
accordance with this clause in whole or in part whenever the School Board shall
determine that such termination is in the School Board's best interest. Any such
terminations shall be effected by the delivery to the Vendor of a notice termination
specifying the extent to which performance of the work under the Contract is terminated
and the date upon which such termination becomes effective.
After receipt of a notice of termination and except as otherwise directed, the Vendor
shall stop all work on the date indicated or to the extent specified; place no further
orders or sub-contracts for materials, services or work not terminated; terminate all
vendors and sub-contracts; settle all outstanding liabilities and all claims; submit to the
School Board a claim for payment in the form prescribed by the School Board. The
Vendor shall have the right to appeal any determination made by the School Board
except the right to terminate.
Applicable Law
Any Contract resulting from this solicitation shall be governed by and construed
according to the laws of the Commonwealth of Virginia.
Assignment
The successful offeror shall not assign, transfer, convey, sublet or otherwise dispose of
this contract or of any or all of its right, title or interest therein, without prior written
consent of the School Board.
Relation To City and School Board
It is the intent of the parties hereto that the successful offeror shall be considered as an
independent contractor and that neither it nor its employees shall, under any
circumstances, be considered servants or agents of the City and School Board, and
that the City and School Board shall be at no time legally responsible for any
negligence on the part of said successful offeror, its servants or agents. It is
understood and agreed by the parties that the School Board will not withhold from the
contract payments to the successful offeror, Federal or State unemployment taxes,
Social Security tax, or any other amounts. Further, the School Board will not provide
any insurance coverage or other benefits normally provided by the School Board for its
employees.
Invoices
Payments will be made for articles or services furnished, delivered, and accepted upon
receipt of invoices submitted on the date of shipment or delivery of service, subject to
Net 30 day payment terms. The number of the Purchase Order covering the Contract,
if issued, shall appear on all invoices. Invoices shall be submitted in duplicate.
Expenses Incurred In Preparing Proposals
The School Board accepts no responsibility for any expense incurred in the bid
preparation and presentation, such expenses to be borne exclusively by the offeror.
Offeror Responsibility
Before submitting a bid, each offeror shall make all investigations and examination
necessary to ascertain all conditions and requirements affecting the full performance of
the contract. Before submitting a Bid, each offeror shall make all investigations and
examinations necessary to verify any representations made by the School Board that
the offeror will rely upon. No pleas of ignorance of such conditions and requirements
resulting from failure to make such investigations and examinations will relieve the
successful offeror from its obligation to comply in every detail with all provisions and
requirements of the contract documents or will be accepted as a basis for any claim
whatsoever for any monetary consideration on the part of the successful offeror.
Ethics in Public Contracting
This specification incorporates by reference but is not limited to the provisions of law
contained in the Virginia Conflict of Interest Act, the Virginia Governmental Frauds Act,
and Articles 2 and 3 of Chapter 10 of Title 18.2 of the Code of Virginia, as amended.
Additional Information
Questions regarding these specifications must be in writing and submitted to the
Director of Operational Services. Should any questions or responses require revisions
to the specifications as originally published, such revisions will be by formal amendment
only.
School Board Contact For Information
Where the specification includes a School Board contact for additional technical
information, potential offerors are cautioned that any verbal representations made by
the named School Board contact shall not be relied upon unless subsequently ratified
by a formal written amendment to this specification.
The School Board contact for additional general information is Tim Ratliff
(540) 667-4253.
Substitutions and Equal Products
The name of certain brand, make, manufacturer of definite specification is to denote the
quality standard of the article desired, but does not restrict Firms to the specific brand,
make, manufacturer or specification names; it is set forth to convey to prospective
Firms the general style, type, character, material, and quality of article desired.
Whenever in these Drawings and Specifications a particular brand, make or material,
device or equipment is shown or specified, such brand, make or equipment shall be
regarded as a standard. Any other brand, make or material devices or equipment
which in the opinion of the Owner recognized the equal of that specified, considering
quality, workmanship, and economy of operation and is suitable for the purpose
intended will be accepted.
For inclusion of products other than those specified, Firms shall submit a request in
writing at least five (5) days prior to the bid due date. No telephone requests will be
accepted. Requests received after this time will not be reviewed or considered
regardless of cause. Request shall clearly define and describe the product for which
inclusion is requested.
INSURANCE COVERAGE REQUIRED
A.
The Successful Vendor shall be responsible for its work and every part thereof,
and for all materials, tools, equipment, appliances, and property of any and all
description used in connection with the work. The Vendor assumes all risks of direct
and indirect damage or injury to the property or persons used or employed on or in
connection with the work contracted for, and of all damage or injury to any person or
property wherever located, resulting from any action, omission, commission or
operation under the Agreement, or in connection in any way whatsoever with the
contracted work.
B.
The Vendor shall, during the continuance of all work under the Agreement:
1.
Maintain statutory Workers' Compensation and Employer's Liability
insurance under the Commonwealth of Virginia statutory requirements, to protect the
Vendor and the interest of the School Board from any liability of damages for any
injuries (including death and disability) to any and all of its employees, volunteers or
subcontractors including any and all liability or damage which may arise by virtue of any
statute or law in force within the Commonwealth of Virginia, or which may be hereinafter
enacted.
2.
Maintain General Liability insurance in the amount prescribed by the
School Board, to protect the Vendor, its subcontractors, and the interest of the School
Board, against any and all claims arising from injuries to third parties, wherever located,
including bodily injury, mental anguish and humiliation resulting from any action or
operation under the Agreement or in connection with the contracted work.
3.
Attach, or cause to be attached to each liability insurance policy, with the
exception of Worker's Compensation, an endorsement to save and hold harmless the
School Board from any liability or damages whatsoever arising out of the contracted
work in accordance with the following endorsement:
"ENDORSEMENT"
(Firm Name) hereby agrees to indemnify and hold harmless Winchester School Board,
Winchester, Virginia, its officers, agents and all employees and volunteers from any and
all claims for bodily injuries and personal injuries to the public, in and up to the amount
of $1,000,000 for each occurrence, and for all damages to the property of others in and
up to all of the expenses of litigation, including reasonable attorneys fees and the cost
of appeals arising out of any such claims or suits because of any and all acts of
omission or commission by the Contractor, including his agents, subcontractors,
servants, employees, volunteers, or through the mere existence of the project under
Contract.
It is understood and agreed that the Vendor is at all times herein acting as an
independent contractor.
4.
Provide an original, signed Certificate of Insurance, evidencing such
insurance and such endorsements as prescribed herein, and shall have it filed with the
School Board before any work is started.
5.
Secure and maintain all insurance policies of its subcontractors, which
shall be made available to the School Board on demand.
6.
Provide on demand certified copies of all insurance coverage required on
behalf of the Vendor within ten days of demand by the School Board.
These certified copies will be sent to the School Board from the Vendor's
insurance agent or representative.
C.
No change, cancellation, or non-renewal shall be made in any insurance
coverage without a thirty-day (30) written notice to the School Board. The Vendor shall
furnish a new certificate prior to any change or cancellation date. The failure of the
Vendor to deliver a new and valid certificate is furnished to and approved by the School
Board.
D.
Insurance coverage required in these specifications shall be in force throughout
the Contract Term. Should the Vendor fail to provide acceptable evidence of current
insurance within seven days of written notice at any time during the Contract Term, the
School Board shall have the absolute right to terminate this Agreement, without any
further obligation to the Vendor, and the Vendor shall be liable to the School Board for
the entire additional cost of procuring performance and the cost of performing the
uncompleted portion of this Agreement at time of termination.
E.
Compliance by the Vendor and all subcontractors with the foregoing
requirements as to carrying insurance shall not relieve the Vendor and all
subcontractors of their liabilities and obligations under this heading or under any other
section or provisions of this Agreement.
F.
Contractual and other Liability insurance provided under this Agreement shall not
contain a supervision or inspection exclusion that would preclude the School Board
from supervising and inspecting the project as to the end result. The Vendor shall
assume all on-the-job responsibilities as to the control of persons directly employed by
it and of the subcontractors and any persons employed by the subcontractor.
G.
Nothing contained in this Agreement shall be construed as crating any
contractual relationship between any subcontractor and the School Board. The Vendor
shall be as fully responsible to the School Board for the acts and omissions of the
subcontractors and of persons employed by them as it is for acts and omissions of
persons directly employed by it.
H.
The Vendor and all subcontractors and all sub subcontractors are to comply with
the Occupational Safety and Health Act of 1970, Public Law 91-956, as it may apply to
this Agreement.
I.
The School Board shall be named as an additional insured in the General
Liability policies and it shall be stated on the Insurance Certificates with the provision
that this coverage is primary to all other coverage the School Board may possess.
SPECIFIC REQUIREMENTS OF THIS AGREEMENT
Coverage Required:
1.
2.
Limits (Figures Denote Minimum):
Workers' Compensation
Employer's Liability
Statutory limits of the
Commonwealth of Virginia
Admitted in Virginia
Yes
Employer's Liability
$100,000
All States Endorsement
Statutory
Voluntary Compensation
Statutory
General Liability
All Items in No. 2 Require:
Completed Operations
$1,000,000 Single Limit Bodily
Injury and Property Damage
Combined Each Occurrence
Broad Form CG & L
Contractual Liability
Mental Anguish/Humiliation
Automobile Liability
$1,000,000 per occurrence
Independent Contractors
Supervision Escl. Deleted
3.
Contractual Indemnity/Hold Harmless Exactly as Specified
4.
School Board named as additional insured on General Liability Policies
This coverage as primary to all other coverage the School Board may possess.
5.
Thirty (30) Days Cancellation Notice Required
6.
The Certificate Must State Agreement Number and Title
***End of Document***
WINCHESTER PUBLIC SCHOOLS
IFB NO. 2013-10
10:15 A.M. – April 4, 2012
FOR PROVIDING ALL NECESSARY LABOR, EQUIPMENT AND MATERIALS TO DO
THE WORK AS SET FORTH IN THE SPECIFICATIONS AT THE FOLLOWING
PRICE:
Carpeting and vinyl base replacement at
QES Elementary School $__________________________
LUMP SUM
INDICATE THE NAME AND TELEPHONE NUMBER OF THE PERSON WHO CAN
RESPOND AUTHORITATIVELY TO ANY QUESTIONS REGARDING THIS BID.
VENDOR NAME: ______________________________________________________
CONTACT NAME: ____________________________________________________
TAX I.D. NO. (EIN, SSN): _____________________________________________
ADDRESS:
_____________________________________________
CITY/STATE/ZIP:
_____________________________________________
SIGNED BY:
_____________________________________________
PRINT NAME & TITLE:
_____________________________________________
TELEPHONE NUMBER:
_____________________________________________
WINCHESTER PUBLIC SCHOOLS
IFB NO. 2013-10
REPLACE CARPET AT
GARLAND R. QUARLES ELEMENTARY SCHOOL
TECHNICAL SPECIFICATION
FOR AVAILABLE INSTALLATION DATES: JUNE 21, 2013 – JULY 31, 2013*
* Carpet must be completely installed no later than this date.
SPECIFICATION:
COLLINS & AIKMAN, STYLE INFINITY (or equivalent) ON
POWERBOND CUSHIONED BACK WITH 25 YEAR NONPRORATED WARRANTY, GLUED DIRECT. Proposed
“equivalent” products must be submitted and approved by
Winchester Public Schools (WPS) at least five days in advance of
the bid date.
LOCATION/AREA: APPROXIMATELY 23,000 SQUARE FEET AT
LOCATIONS IDENTIFIED ON ATTACHED FLOOR PLAN. Bidders
are required to visit the school prior to bid to verify existing
conditions and to base bids on actual quantity take-off from
measurements at the school.
COLOR SELECTION BY WPS
VINYL BASE – REPLACE EXISTING BASE AT ALL LOCATIONS
OF CARPET REPLACMENT WITH JOHNSONITE .080” X 4” (or
equivalent.) COLOR SELECTION BY WPS
PRICING TO INCLUDE:
 REMOVAL / DISPOSAL OF EXISTING CARPET
 FLOOR PREPARATION: REMOVE EXISTING ADHESIVE &
SURFACE DEFECTS, AND CLEAN FLOOR TO ALLOW A
SMOOTH, FLAT INSTALLATION AT A QUALITY LEVEL THAT
MEETS / EXCEEDS EXISTING INSTALLATION.
 LABOR, EQUIPMENT, AND MATERIALS TO PROVIDE NEW
SPECIFIED PRODUCT IN ACCORDANCE WITH
MANUFACTURER’S RECOMMENDATIONS.
OTHER: FURNITURE RELOCATION BY WPS. BASE BIDS ON
APPROXIMATLEY FIVE (5) PHASES; APPROXIMATELY 20% OF
FLOOR AREA BEING AVAILABLE FOR CARPET
REPLACEMENT AT EACH PHASE.
BID/RFP#:_2013-10_________
WINCHESTER PUBLIC SCHOOLS
VENDOR’S AUTHORIZATION TO TRANSACT BUSINESS IN THE COMMONWEALTH
To the extent the Contractor is organized as a stock or nonstock corporation, limited liability company,
business trust, or limited partnership or registered as a registered limited liability partnership; such entity shall
be authorized to transact business in the Commonwealth as a domestic or foreign business entity by the
Virginia State Corporation Commission (SCC). Any such business entity 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 this contract. A public body may void any contract with a business
entity if the business entity fails to remain in compliance with the provisions of Virginia Code Section 2.24311.2.
Any bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1
or Title 50 of the Code of Virginia, as amended, or as otherwise required by law, shall include in its bid or
proposal the identification number issued to it by the Virginia State Corporation Commission. Any bidder or
offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business
entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement
describing why the bidder or offeror is not required to be so authorized.
If this bid/offer for goods or services is accepted by WPS, the undersigned agrees that the requirements
of the Code of Virginia Section 2.2-4311.2 have been met.
Complete the following by checking the appropriate line and providing the requested information:
A.
 Bidder/offeror is a Virginia business entity organized and authorized to transact business in
Virginia by the SCC and such bidder’s/offeror’s Identification Number issued to it by the
SCC is: ___________________________.
B.
 Bidder/offeror is an out-of-state (foreign) business entity that is authorized to transact
business in Virginia by the SCC and such bidder’s/offeror’s Identification Number issued to it by the SCC
is: _____________________.
C.
 Bidder/offeror does not have an Identification Number issued to it by the SCC and such
bidder/offeror is not required to be authorized to transact business in Virginia by the SCC for the following
reason(s): (Attach additional sheets as needed to explain why such bidder/offeror is not required to be
authorized to transact business in Virginia).

__________________________________________________________________________________
Legal Name of Company (as listed on W-9 Form)
__________________________________________________________________________________
Legal Name of Bidder
_______________________________________________
Authorized Signature
________________________
Date
__________________________________________________________________________________
Print or Type Name and Title
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