ITB 27-04/NB MULCH INSTALLATION SERVICES

Agency: City of Hampton
State: Virginia
Type of Government: State & Local
NAICS Category:
  • 238210 - Electrical Contractors and Other Wiring Installation Contractors
Posted Date: Jun 17, 2026
Due Date: Jul 14, 2026
Solicitation No: ITB 27-04/NB
Original Source: Please Login to View Page
Contact information: Please Login to View Page
Bid Documents: Please Login to View Page
Bid Number: ITB 27-04/NB
Bid Title: ITB 27-04/NB MULCH INSTALLATION SERVICES
Category: Entity: City
Status: Open
Description:

THE CITY OF HAMPTON IS SEEKING BIDS FROM QUALIFIED BIDDERS TO FURNISH AND APPLY ENGINEERED WOOD FIBER PLAYGROUND MULCH AT SCHOOL AND PARK SITES AND WALNUT DYED HARDWOOD MULCH AT VARIOUS PLANT BED AREAS THROUGHOUT THE CITY OF HAMPTON.

Publication Date/Time:
6/16/2026 9:00 AM
Closing Date/Time:
7/14/2026 2:30 PM
Pre-bid Meeting:
N/A
Contact Person:
NICOLE BONELLI, BUYER
757-727-2203
[email protected]
Related Documents:

Attachment Preview

ISSUE DATE: June 16, 2026 ITB #: 27-04/NB NIGP CODE: 98800
DATE/TIME OF CLOSING: July 14, 2026 at 2:30 PM EST BUYER NAME: Nicole Bonelli COMMODITY: Mulch Installation Services
THE CITY OF HAMPTON IS SEEKING BIDS FROM QUALIFIED BIDDERS TO FURNISH AND APPLY ENGINEERED WOOD FIBER PLAYGROUND MULCH AT SCHOOL AND PARK SITES AND WALNUT DYED HARDWOOD MULCH AT VARIOUS PLANT BED AREAS THROUGHOUT THE CITY OF HAMPTON. 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:

INVITATION TO BID - GOODS AND SERVICES
ISSUE DATE: ITB #: NIGP CODE:
June 16, 2026 27-04/NB 98800
DATE/TIME OF CLOSING: BUYER NAME: COMMODITY:
July 14, 2026 at 2:30 PM EST Nicole Bonelli Mulch Installation Services
THE CITY OF HAMPTON IS SEEKING BIDS FROM QUALIFIED BIDDERS TO FURNISH AND APPLY ENGINEERED
WOOD FIBER PLAYGROUND MULCH AT SCHOOL AND PARK SITES AND WALNUT DYED HARDWOOD MULCH
AT VARIOUS PLANT BED AREAS THROUGHOUT THE CITY OF HAMPTON.
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.

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:
Nicole Bonelli, Buyer Phone: 757-727-2203
Consolidated Procurement Division Email: nbonelli@hampton.gov
1 Franklin Street, Suite 345
Hampton, Virginia 23669
Wherever used in this ITB, the City Contract Administrator will be:
Jill Burdine, Contract Coordinator Phone: 757-728-5238
Parks, Recreation, and Leisure Services Email: jill.burdine@hampton.gov
22 Lincoln Street, 5th Floor
Hampton, Virginia 23669
City of Hampton ITB 27-04/NB Page 2 of 40
(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.
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
City of Hampton ITB 27-04/NB Page 3 of 40
(rev. 12-6-22)

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.
City of Hampton ITB 27-04/NB Page 4 of 40
(rev. 12-6-22)

III. SCOPE OF CONTRACT.
A. General Requirements
1. The City of Hampton (City) is seeking bids from responsible and responsive bidders to furnish
and apply Engineered Wood Fiber playground mulch at school and park sites and walnut dyed
hardwood mulch at various plant bed areas throughout the City on an annual needs basis.
2. Only bulk mulch (plant bed use) or mulch off loaded using a mulch blower (playground use) shall
be used.
3. The Contractor must submit the Employee Background Certification form (attached) prior to
working on any school properties. This is only required post award.
4. Upon award of the contract, the Contractor shall be ready to provide service(s) within ten (10)
days of receiving the mulching request list from the Parks, Recreation and Leisure Services
(PRLS) representative. Subsequent lists will have an expected start time of seven (7) days for the
entirety of the contract.
5. The Contractor must provide references illustrating their experience for the previous five (5)
years. Failure to provide references may result in rejection of bid.
6. In addition to references, the Contractor must also submit a copy of business and contractor's
license with the bid. Failure to provide a copy of business and contractor's license may result in
rejection of the bid.
7. The Contractor shall furnish all labor, tools, material, equipment, and supplies in order to perform
services to the highest standards in the landscaping industry.
8. The Contractor shall provide all necessary signs, sign stands, and traffic control.
9. Mulching shall only take place when weather conditions permit. All operations shall cease
whenever rain, sleet, hail, or snow begins to fall or any other conditions which are considered
hazardous. The Contractor shall notify the Contract Administrator as soon as possible if the
schedule for the site service changes due to weather, work-load, staffing, etc.
10. The Contractor will be allowed to schedule their normal work hours between the hours of 7:00
a.m. and 6:00 p.m., Monday through Saturday, unless previously stated in the specifications.
Working during other hours will be allowed only after written authorized is obtained from the
PRLS Department. When working on school sites during school hours, the Contractor must
contact Hampton City School (HCS) personnel and PRLS staff to provide an explanation of
work and projected time of completion before any work takes place.
11. All employees of the Contractor will be required to wear uniforms or badges which will clearly
identify that person as an employee of the Contractor.
12. Provide, setup and remove safety equipment as it complies with all standards, rules and
regulations sited in the VDOT 2011 Virginia Work Area Protection Manual, Chapter 6. As stated,
the use of orange safety cones/barrels, high visibility yellow safety vests and work zone signage
shall be required at all times.
13. All work zone safety measures listed above are required wherever work is being conducted in the
City's street medians and shoulder Right of Ways (ROW) which includes sidewalks.
14. The use of PPE for all contracted personnel working on City sites is required.
B. Specific Requirements
1. All Hampton City School playgrounds are required to be mulched between July 1st and August
15th prior to schools opening.
2. All non-HCS playgrounds are to be mulched on an as-needed -needed basis.
3. All non-HCS plant beds are to be mulched between August 15th and August 31st.
City of Hampton ITB 27-04/NB Page 5 of 40
(rev. 12-6-22)

4. When working on school sites during HCS school hours, the Contractor must contact HCS
personnel to provide an explanation of work and projected time of completion before any work
takes place.
5. Areas will be prepped (removal of weeds, old encrusted mulch, and debris) for mulch installation
prior to the application process by other vendors.
6. All dust and debris from mulch installation/application operations must be removed before
leaving the site.
7. The Contractor must perform mulch installation/application operations from the pavement.
8. Driving across City or HCS grounds is not permitted.
9. Stockpiling mulch on City or HCS property is not allowed.
10. Mulch shall not be placed on the roadway, sidewalk/asphalt paths.
11. Mulch applications in excess (more than what is listed in contract) of reasonable expectations
must be approved by the PRLS Representative prior to application.
C. Product Requirements, Usage, & Application for Engineered Fiber Wood Playground Mulch
(Playground Use)
1. The Contractor shall provide a product that meets the wood fiber specifications below:
a) ASTM F2075-10A for material purity
b) ASTM F1292-09 for impact attenuation
c) ASTM F1951-09b for determination of accessibility
2. The product is also required to be certified by the International Play Equipment Manufacturers
Association.
3. Annual estimated usage for Engineered Fiber Wood Playground Mulch is 2500 cubic yards.
4. Engineered Fiber Wood Playground Mulch is to be applied with a truck contained mulch blowing
apparatus; no deeper than eight (8) to twelve (12) inches over the existing mulch layer. This can
vary based on material used and equipment height. PRLS Representative to determine the amount
using mulch calculator.
5. A calibrated counter shall be used to verify the amount delivered.
D. Product Requirements for Walnut Dyed Hardwood Mulch (Plant bed use)
1. The Contractor shall provide a product that meets the specifications below:
a) Double Shredded, walnut dyed, disease free hardwood mulch
2. Annual estimated usage for Walnut Dyed Hardwood Mulch is 1200 cubic yards.
3. Walnut dyed hardwood mulch is to be applied manually, not blown in and it shall not be deeper
than two (2) inches over the existing mulch layer.
4. The Contractor shall rake the area smooth.
5. The Contractor shall create a clean edge between plant beds and adjacent turf areas, curbs, or any
other paved surface.
6. The Contractor shall cultivate all compacted soil or mulch with manual cultivating tools only.
Mechanical equipment such as roto-tillers shall not be allowed.
7. Mulch shall be placed over exposed soil between the plantings to completely cover any bare soil.
E. Mulch Locations (Attachment F)
1. City reserves the right to add or remove locations.
2. This list is not all inclusive.
3. Locations are comprised of Hampton City Schools, Hampton Parks, and Hampton Neighborhood
and Community Centers.
City of Hampton ITB 27-04/NB Page 6 of 40
(rev. 12-6-22)

4. When working on school sites during school hours, the Contractor must contact school personnel
to provide an explanation of work and projected time of completion before any work takes place.
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:
nbonelli@hampton.gov no later than 2:30PM EST on June 30, 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 2:31 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- Bidder Representation and Acknowledgements
b. Attachment D- Minority and Women Owned Business Program
c. Attachment E- Federally-Funded Transactions
d. Attachment G- Pricing Sheet
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 copy of the Bid.
City of Hampton ITB 27-04/NB Page 7 of 40
(rev. 12-6-22)

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 (2:31 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
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.
City of Hampton ITB 27-04/NB Page 8 of 40
(rev. 12-6-22)

Attachment A - General Terms and Conditions
These General Terms and Conditions are a sample of what may be included in the final contract awarded to
Bidder and are subject to change.
I. Term and Renewals. This Contract shall continue in force for the term of one (1) year. This Contract may be
extended upon the mutual agreement of both parties for up to four (4) optional, one (1) year periods upon the same
prices, terms, and conditions as set forth in this Contract and the ITB. Each additional year referred to as a "Renewal
Period". Said Renewal Period shall occur automatically unless written notice is given by the City or the Contractor no
later than thirty (30) days before the expiration of the current period.
II. Contractor Representations and Obligations.
A. Performance by Contractor. Contractor shall act as the prime contractor for the goods and services to be
provided under the Contract and shall be the sole point of contact with regard to all obligations due under the
Contract. To the extent Contractor employs subcontractors to perform obligations under the Contract,
Contractor agrees that it will:
1. Inform subcontractor of the proposed use and disposition of the subcontractor's products or services, and
obtain a written statement from subcontractor that it has no objection and that the City is not liable to the
subcontractor for any work performed under the Contract.
2. Obtain prior written approval from the City at least ten (10) calendar days prior to the work subcontractor
work being performed.
3. Be solely responsible for all work performed and materials provided by subcontractors and for the
liability of subcontractors for the types and limits required of the Contractor under the Contract.
B. Authority to Transact Business.
1. At the commencement of the Contract, Contractor shall be authorized to transact business in the
Commonwealth of Virginia as a domestic or foreign business entity if so required under Title 13.1 or
Title 50 of the Virginia code or as otherwise required by law.
2. Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact
business in the Commonwealth to be revoked or cancelled at any time during the term of the Contract.
C. Compliance with Law.
1. Contractor shall comply with all federal, state and local statutes, ordinances, and regulations now in
effect or hereafter adopted, in the performance of the scope work set forth herein. Contractor represents
that it possesses all necessary licenses and permits required to conduct its business and will acquire any
additional licenses and permits necessary for performance of the Contract prior to the initiation of work.
Contractor shall maintain all such licenses and permits throughout the term of this Contract. Failure to
maintain such licenses and permits and to provide copies to the City shall constitute a material breach of
this Contract.
2. Contractor does not, and shall not during the performance of the Contract, knowingly employ an
unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.
D. Nondiscrimination.
1. During the performance of the Contract, Contractor shall:
i. Not discriminate against any employee or applicant for employment because of race, religion,
color, sex, national origin, age, disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide occupational
qualification/consideration reasonably necessary to the normal operation of Contractor.
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause; and
City of Hampton ITB 27-04/NB Page 9 of 40
(rev. 12-6-22)

ii. State that Contractor is an equal opportunity employer in all solicitations or advertisements for
employees placed by or on behalf of Contractor. Notices, advertisements, and solicitations placed
in accordance with Federal law, rule, or regulation are sufficient to meet the requirements of this
section.
2. Contractor shall include the provisions of Article II.D.1 in every subcontract or purchase order over
$10,000.
E. Drug-Free Workplace.
1. For purposes of this section, "drug-free workplace" means a site for the performance of work done in
connection with the Contract with Contractor, the employees of whom are prohibited from engaging in
the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance
or marijuana during the performance of the Contract.
2. During the performance of the Contract, Contractor shall:
i. Provide a drug-free workplace for Contractor's employees;
ii. Post a statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in
Contractor's workplace and specifying the actions that will be taken against employees for
violations of such prohibition. This statement must be posted in a conspicuous location available
to all employees and applicants for employment.
iii. State that Contractor maintains a drug-free workplace in all solicitations or advertisements for
employees placed by or on behalf of Contractor.
3. Contractor will include the provisions of Article IIE.2 in every subcontract or purchase order of over
$10,000.
F. Payments to Subcontractors. Contractor shall make payment to all subcontractors, as defined in the code,
within seven (7) days after receipt of payment from the City; or shall notify the City and subcontractors in
writing of the intention to withhold all or a part of the amount due along with the reason for nonpayment. In
the event payment is not made as noted, Contractor shall pay interest at the rate of one (1) percent per month,
unless otherwise provided, to the subcontractors on all amounts that remain unpaid after seven (7) days except
for the amounts withheld as provided herein. Contractor's obligation to pay an interest charge to a
subcontractor pursuant to this section shall not be construed to be an obligation of the City. A contract
modification may not be made for the purpose of providing reimbursement for such interest charge. A cost
reimbursement claim may not include any amount for reimbursement for such interest charge.
G. Insurance.
1. If applicable, Contractor shall submit to the City certificates of insurance with applicable endorsements to
the policy attached, prior to beginning work under the Contract or no later than ten (10) days after the
intent award is issued, whichever occurs first.
2. All policies of insurance required herein shall be written by insurance companies licensed to conduct the
business of insurance in Virginia, and acceptable to the City, and shall carry the provision that the
insurance will not be cancelled or materially modified by the Contractor without thirty (30) days prior
written notice to the City.
3. The certificate of insurance shall list the City of Hampton, 22 Lincoln Street, Hampton, Virginia 23669
and its elected and appointed officials, agents, employees and volunteers as additional insureds for the
specified project. The endorsement to the policy would be that which is attached to the Contractor's
liability policy that acknowledges the Purchaser(s) as additional insureds on all policies the Purchaser(s)
are made additional insured(s). This shall be either a direct endorsement that actually names the
Purchaser(s) or a blanket endorsement within the insurance policy that states that under a contractual
agreement the Purchaser(s) will be named as additional insureds on the required insurance policy. Such
City of Hampton ITB 27-04/NB Page 10 of 40
(rev. 12-6-22)

This page summarizes the opportunity, including an overview and a preview of the attached documents.
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