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