1216600_157654 IFB.pdf

Administrative Services Division

Bristol District/Wise Residency

Invitation for Bid (IFB) – Hauling Service

IFB # 157654

TABLE OF CONTENTS

Page

I. Purpose 2

II. Questions Regarding This Invitation For Bid 2

III. General 2

IV. Specifications/Contract Requirements 2

V. Pre-Bid Conference 9

VI. Method For Payment 9

VII. Invoicing 10

VIII. Bidders Instructions 11

IX. General Terms and Conditions 11

X. Special Terms and Conditions 19

Attachments:

A – Virginia State Corporation Commission Form

B – Normal and Emergency Contacts

C – Vendor Qualification Equipment Inventory Certification Form

D – Subcontractor Approval Request Form

RESOURCES BY REFERENCE

1. General Term and Condition C.1.(d): Anti-Discrimination - Link to Referenced Training

2. General Term and Condition CC: Civility in State Workplaces – Link to Referenced Training

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid.

https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training https://www.virginiadot.org/business/virtualcampus.asp

Administrative Services/Procurement

Bristol District/Wise Residency

Hauling Service

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”), an agency of the Commonwealth of

Virginia, is soliciting bids from qualified firms to provide as- needed, trucks with operators for general hauling services in Lee, Scott, Wise, and Dickenson Counties of the Wise Residency of the Bristol District, to supplement

VDOT crews in accordance with the specifications contained herein.

The Commonwealth reserves the right to make multiple awards as a result of this solicitation. Multiple awards will be made on a line item basis to the lowest responsive and responsible bidder(s), with a primary and secondary award. The Primary Contractor will be the lowest responsive and responsible bidder for that bid line and will be the first Contractor contacted for any work assignments. Contracts will only be awarded to bids that meet the minimum requirement as listed on the line item.

PERIOD OF CONTRACT: The contract will be for a period of one year from date of award. (Renewable)

Note to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting

Plan (SBSP) with the electronic bid response in eVA. Bidders selecting “Vendor Will Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and

Supplier Diversity (DSBSD) by the due date of this solicitation to participate in the SWAM Program.

If the Bidder is the not a DSBSD-certified small business, the “Vendor Plans To Use Subcontractors” box must be selected and the Bidder shall identify the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods. Reference Special Term and

Condition Paragraph 30.

II. QUESTIONS REGARDING THIS INVITATION FOR BID

Any questions regarding this Invitation for Bids shall be addressed to Chelsa Taylor, chelsa.taylor@vdot.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of questions or other matters raised. Provide questions by close of business five (5) days prior to the bid due date.

III. GENERAL:

For the purpose of clarification, each firm receiving this Invitation for Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor.” Virginia Department of Transportation is referred to as “Department” or as “VDOT,” and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bid states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: The Contractor(s) shall provide dump trucks with a qualified operator, supervision, fuel, tools, parts, supplies and all incidentals as necessary for the safe and efficient operation of the dump trucks to perform general hauling services as listed in this IFB. The work will consist of, but will not be limited to: hauling asphalt from local plants to state projects; and hauling materials such as fill dirt, stone, and soil from ditching operations, broken concrete, rip rap, and trash and debris from state maintenance yards to landfills. VDOT reserves the right to perform any type, or portion, of work within the limits of this operation. The Contractor shall work with VDOT and other Contractors as necessary.

mailto:chelsa.taylor@vdot.virginia.gov

Bristol District/Wise Residency

Work may be performed at any time of the year, weather permitting, at the discretion of VDOT. There may be a lapse between project assignments. The daily hours of use may vary on each piece of equipment. All waste material generated in connection with this contract is the property of the Contractor and disposal is the responsibility of the Contractor. Landfill costs shall be the responsibility of the Contractor.

B. MATERIALS: VDOT will furnish all materials necessary to complete the specified work such as plant mix, stone, pipe, silt fence, seed, mulch, and straw. The Contractor shall be responsible for picking up and hauling of all materials from an approved VDOT supplier or VDOT storage lot, unless otherwise specified by VDOT. All delivery tickets shall be signed by the Contractor and turned in to the appropriate Area

Headquarters, on a daily basis. These will be used to verify delivery amounts. Stone/plant mix shall be picked up from the nearest quarry or VDOT lot to the job site, as specified by VDOT. VDOT will issue purchase orders for all materials picked up directly from the quarry or supplier. Purchase Order numbers will be supplied to the Contractor. The Contractor shall be responsible to ensure Purchase Order number is on all tickets/receipts prior to leaving supplier.

C. BID PRICES: The bid prices shall represent a combined total for the equipment with operator(s), labor, and all associated expenses including, but not limited to: profit; direct and indirect costs; general and administrative costs; supervision; repair and/or replacement and removal of equipment; transportation of equipment and personnel to and from designated site(s); and the use of cellular phones, and hand-held radios used by the Contractor to conduct business.

Bid prices shall represent a combined charge for the equipment and operator when indicated in the line item description.

D. SPECIFICATIONS AND STANDARDS: All work shall be performed following the direction given by the VDOT Contract Administrator, or designee. All work shall be performed to the following standards: the current versions of the Virginia Department of Transportation Road and Bridge Specifications (excluding all of Sections 101 through 110); the Virginia Department of Transportation Road and Bridge Standards;

Virginia Work Area Protection Manual (VWAPM); and the Manual on Uniform Traffic Control Device

Standards (MUTCD). The Contractor’s equipment shall meet Occupational Safety & Health

Administration (OSHA) and Virginia Occupational Safety & Health (VOSH) standards. Additionally, the

Contractor shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations, and conform to all VDOT requirements. Equipment shall meet the most current version of the

VDOT Road and Bridge Specifications, and applicable Department of Conservation and Recreation (DCR), Department of Environmental Quality (DEQ), VWAPM, and VDOT specifications and standards. The

Contractor shall comply with all environmental regulations necessary to complete the project.

E. CONTRACTOR REQUIREMENTS:

1. PERSONNEL REQUIREMENTS:

a. CONTRACTOR’S CAPACITY TO PERFORM: The Contractor shall ensure their capacity to perform work under this contract, regardless of other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the timeframe required herein, and shall employ a sufficient number of qualified personnel who shall consistently perform the work described herein. The

Contractor may be requested to provide multiple pieces of equipment simultaneously at various locations throughout the counties.

b. EXPERIENCED, QUALIFIED OPERATORS/LABORERS: The Contractor shall provide experienced, properly trained, qualified operators for each piece of equipment listed. The operator of each piece of equipment shall possess a valid driver’s license or

Commercial Driver’s License (CDL), with required endorsements, when required for the equipment being operated. VDOT reserves the right to reject any of the Contractor’s employees who, in VDOT’s judgment, are not adequately qualified to perform the work.

Bristol District/Wise Residency

The Bidder must submit certification documentation with their bid, or within three (3) business days of request from VDOT.

c. CONTACT PERSON: The Contractor shall assign a contact person, who shall be equipped with a cellular telephone. The contact person shall be responsible for assigning and coordinating work, notifying the Contract Administrator of crew locations on a daily basis, processing daily/weekly reports, handling general contract performance issues, and meeting with VDOT representatives as needed. The contact person’s name and cellular phone number shall be required prior to commencement of work activities (Attachment

B).

d. CELLULAR PHONE: During the performance of the contract, the contact person shall carry a functional cellular phone at all times, which is effective throughout the counties covered by the contract.

2. EQUIPMENT REQUIREMENTS:

a. EQUIPMENT: Equipment shall be equivalent to what is specified on the bid lines.

VDOT reserves the right to determine how many of each type of equipment will be required at each work site. The Bidder shall be required to provide with their bid the make, model and capacity of each piece of equipment, as noted in the bid lines. With the bid submission, each bidder shall furnish a listing of the equipment that will be used under this contract (reference Attachment C, Vendor Qualification/Equipment Inventory

Certification Form). Bidders shall complete Attachment C listing the number and type of equipment they are able to provide (i.e. if the Bidder is only able to supply five dump trucks, the Bidder should list the five trucks and their information on the attachment). The

Contractor shall provide any accessories that are necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools and safety supplies.

An inspection will be conducted to review all equipment and verify personnel requirements prior to posting of the Notice of Intent to Award. Equipment shall be owned, leased/rented, or sub-contracted (see Attachment C, #5 for documentation requirements for leased/rented or sub-contracted equipment). Prior to any renewal of the awarded contract, VDOT Contract Administrator, or designee will review equipment and personnel requirements. The equipment offered by Bidders shall be suitable for the intended purpose and have equivalent specifications and capabilities. VDOT in its sole discretion shall determine whether the equipment offered by Bidders is considered equivalent to that named herein. Any changes in equipment ownership, equipment leases and leased equipment (size, VIN model etc.) shall be documented to VDOT within five

(5) business days with appropriate supporting documentation.

b. DUMP TRUCKS: The dump trucks shall haul the specified weight as listed on the line item description. The Contractor shall have the capability to provide the minimum number of trucks with operators as listed on the line item description. The truck shall have the capability of hauling various debris, woody debris, sodium chloride, asphalt, various aggregates such as, but not limited to, salt, sand, and #8 stone to Class II Rip Rap.

1) Dump trucks shall be, tri-axle or tandem-axle with power locking tailgates as requested. Trucks with dual swing gate capability will be accepted. Trucks with swing gate capability may be called as priority for certain hauling needs (i.e., pipe) to ease off-loading. Trucks shall have properly operating tailgate chains for maintenance and construction operations. All trucks shall have asphalt shoots (lips) on all trucks offered for ease of unloading asphalt into pavers. All trucks shall be equipped with a removable tarp.

Bristol District/Wise Residency

2) AMBER LIGHT: Warning lights on trucks shall be mounted as to be viewed 360 degrees and shall be high intensity amber rotating, oscillating or strobe light or a combination thereof. Contractor equipment’s warning lights shall meet the requirements referenced in the VWAPM. Vehicles that do not meet these requirements will not be allowed to be utilized in conjunction with this contract and a Procurement Complaint Form will be issued against the Contractor.

3) LOAD COVERAGE: All loads must be covered during transport in accordance with State and VDOT regulations and transportation guidelines.

In addition, trucks must be clean and equipped with asphalt tarp when hauling asphalt from plants. Truck beds shall be free of obvious defects such as large rusted out spots, etc.

4) HAULING CAPACITY: The hauling capacity of all trucks shall be in conformance with DMV requirements and allowances. VDOT reserves the right to require trucks to haul loads at or near the maximum allowable weights per Virginia’s Size, Weight and Equipment Requirements. The hauling capacity shall be determined by the actual physical vehicle identification sticker/plate in the Contractor’s equipment.

5) OFF-LOADING BY MACHINE: All trucks shall allow material to be unloaded or loaded by machines such as excavators, gradalls, backhoes, etc.

Drivers shall raise dump bed as requested by VDOT staff or heavy equipment operators to allow access to materials in dump bed.

c. MAINTAINING EQUIPMENT: Prior to the award of the contract, the Contractor shall possess or have available sufficient equipment necessary to perform the work for the awarded contract. The Contractor shall maintain and operate equipment designed for the operation(s) described herein and shall ensure the equipment is maintained in good repair and operating condition. No payable time shall be allowed for equipment breakdowns. If a breakdown occurs, the equipment must be in operable condition within three (3) hours, or a replacement piece of equipment shall arrive within three (3) hours, if it is deemed essential by VDOT. A daily inspection shall be performed on the equipment by contractor personnel. No payable time shall be charged for this safety inspection. Any damage should be annotated on the daily timesheet.

d. FUELED AND READY: The Contractor, at their own expense, shall have equipment fueled and ready to begin operations prior to reporting to the work site. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently.

This shall include, but is not limited to, all hand tools and safety supplies.

e. ADDITIONAL TRUCKS OR EQUIPMENT: VDOT reserves the right to supply additional trucks and/or equipment from VDOT sources if deemed necessary.

f. VDOT PLACARDS: In some instances, VDOT may supply placards to the Contractor identifying them as a VDOT Contractor. When supplied, drivers shall display the placard on dash of truck when performing hauling services.

g. SUBCONTRACTS: No truck shall be sent to the job site that has not previously been inspected and included on the approved sub-contractor list. In the event the

Contractor supplies an UNAPPROVED subcontractor truck for a job, the truck shall not be accepted. If an approved sub-contractor cannot be supplied to replace an unapproved subcontractor, a Procurement Complaint Form will be issued and VDOT

Bristol District/Wise Residency will request a truck from the next available Contractor.

F. WORK ASSIGNMENTS: All projects will be assigned as they become available. VDOT shall determine the order of completion of the projects in the event multiple projects are assigned simultaneously.

G. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. SATISFACTION: All work shall be performed according to the standards of the industry and to the complete satisfaction of the VDOT Contract Administrator or designee.

2. SIGNS OR ADVERTISEMENTS: No signs or advertisements shall be posted on VDOT’s property without prior written approval by the VDOT Contract Administrator.

3. DELIVERY, PARKING, AND STORAGE: The Contractor shall not deliver nor store equipment within the VDOT Right-of-Way or on VDOT property without first obtaining permission from the Contract Administrator. However, if the Contract Administrator approves the parking and storage arrangements, VDOT will not be responsible for any loss or damage to the

Contractor’s equipment that is left at the site.

4. CLEANUP: The Contractor shall clean up frequently so the worksite presents a neat, orderly, and workmanlike appearance at all times. If a Contractor fails to clean up at the completion of the work, the Contract Administrator may do so and charge the costs to the Contractor. The

Contractor shall dispose of all refuse, rubbish, scrap materials and debris caused by their operations as instructed by VDOT. No such refuse, rubbish, scrap material and debris shall be left within the completed work area or buried on the job site, but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law.

5. CONTRACTOR’S PERSONNEL: At all times, the Contractor’s and subcontractor’s personnel shall communicate with the traveling public, landowners, and citizens in a courteous and respectful manner. The Contractor’s personnel must refer all questions concerning work planned, performed, or promised to the VDOT Contract Administrator.

6. CONTRACTOR’S CONDUCT: The Contractor shall be responsible for the conduct of all the

Contractor’s and subcontractor’s personnel while at the work site.

7. BEHAVIOR: Behavior displayed by the Contractor’s and subcontractor’s employees, such as catcalling, whistling, leering, and other similar gestures, will not be tolerated. Anyone exhibiting such behavior will be barred from the work site permanently. Repeated incidents will be grounds for termination of the contract at the discretion of VDOT.

8. SUPERVISION: It shall be the Contractor’s responsibility to completely supervise and direct the work of their employees as well as all subcontractors that may be utilized, using their best skill and attention. Subcontractors who perform work under this contract shall be responsible to the

Prime Contractor.

9. SUBCONTRACTORS: No portion of the contract shall be subcontracted without prior written consent of VDOT. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors on the attached Subcontractor Approval Request form

(Attachment D). The Contractor shall, however, remain fully liable and responsible for the work performed by its subcontractor(s) and shall assure compliance with all requirements of the contract.

10. COORDINATION WITH VDOT AND OTHER STATE FORCES: The Contractor shall cooperate with VDOT and other contractors as necessary. At all times, VDOT will have the right

Bristol District/Wise Residency to be advised, upon request, of the status of work being done by the Contractor, and details of that work. The Contractor shall maintain coordination with the VDOT Contract Administrator or designee. VDOT reserves the right to perform any type of highway maintenance within the limits of the operation.

11. DAMAGES: The Contractor shall be responsible for any and all damages to VDOT and non-

VDOT property which are a direct result of the Contractor’s activities in the performance of this

Contract.

H. SAFETY REQUIREMENTS:

1. SAFETY STANDARDS, RULES, AND REGULATIONS: The Contactor shall ensure that all personnel and equipment comply with all OSHA and VOSH Standards and VDOT safety rules and regulations as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes, but is not limited to, equipment having vehicular backup alarm systems and flashing lights, and equipment that contains a roll over protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to Special Terms and Conditions #26 for Safety and Health Standards.

2. PROTECTION OF PERSONS AND PROPERTY: The Contactor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the

Contractor’s operation in connection with the work by ensuring all work/job areas are maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT’s property from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners.

3. AUTHORITY TO SUSPEND WORK: During the execution of the work, the Contract

Administrator, or designee, will have the authority to suspend the work fully or in part due to the failure of the Contractor to correct conditions unsafe for the worker’s and/or general public, for failure to carry out orders for such period, and as may be deemed necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in the public’s interest.

4. SAFETY EQUIPMENT: The Contractor shall also provide and ensure that all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment, shall include, but is not limited to, safety hats, garments, steel toe shoes, gloves, and glasses. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract. In addition, no hard hat or safety garment shall have the Virginia state seal or any reference to the Virginia Department of

Transportation or VDOT.

5. FIRST AID KITS: The Contractor shall ensure that a First Aid Kit is on each job site at all times. The first aid kits shall contain at least the minimum number and types of supplies as required by the OSHA and VOSH Standards.

I. METHOD OF ORDERING WORK:

1. WORK NOTIFICATION PROCEDURE: VDOT will issue a Purchase Order, which will be for billing purposes only. VDOT makes no guarantee of minimum or maximum quantities as shown on the Purchase Order. The Contract Administrator, or designee, will issue a numbered Work

Order that will be the official work notification. The Work Order will request the contractor to provide an estimate of work to include the labor, equipment, materials and incidentals necessary to complete the work. The Work Order will outline setup location; whether work is to be performed at night or during daytime hours; quantity and types of equipment required; and expected period of

Bristol District/Wise Residency time equipment will be required. The Work Order may be in the form of a Highway Maintenance

Management System (HMMS) work order. No work shall begin without the receipt of a Work

Order. In case of critical/immediate need, verbal notification shall be sufficient for the Contractor to begin. Written confirmation (work order) will follow within 48 hours.

The Primary Contractor shall be the bidder with the lowest responsive, responsible bid by bid line.

The Contract Administrator, or designee, will contact the Primary Contractor first to schedule work based upon the needs of VDOT. If all of the Primary Contractor’s trucks are engaged on another VDOT assignment(s) then the Secondary Contractor will be contacted. All work shall be completed by the Contractor currently working on that VDOT job assignment, regardless if it is the Primary or Secondary Contractor. Contractors will not be substituted in the middle of a work assignment.

2. CONFIRMATION/RESPONSE TIME: The Contractor shall confirm receipt of the work assignment within eight (8) hours, and begin work within five (5) calendar days, or a schedule as mutually agreed upon. At the time of notification, the Contractor may request additional time to respond. Approval of additional response time will be decided by VDOT on a case-by-case basis.

If the Primary Contractor does not respond within the designated time, the Secondary Contractor will be contacted. The Contractor shall respond to all locations attempting to schedule work. If multiple VDOT Area Headquarters call simultaneously to schedule work, the Contractor shall provide equipment on a “first call” basis.

3. CONTINUOUS OPERATION REQUIRMENT: The Contractor shall provide a continuous operation once they commence work. If this is not done, a Procurement Complaint Form may be issued, which may ultimately result in the default of the contract in accordance with General

Terms & Conditions, Default, Paragraph P.

4. CONTRACTOR’S FAILURE TO REPORT: If a Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with General Terms &

Conditions, Default, Paragraph P. A Procurement Complaint Form may be issued against the

Contractor.

5. CONTRACTOR’S DECLINE OF ASSIGNMENT: When the Contractor is unable to report to an assignment, a VDOT supplied Contractor Release Form shall be signed and documented by the

Contractor stating why they cannot perform work. VDOT shall approve or disapprove in writing whether the Contractor is released from contractual responsibilities. If a Contractor declines an assignment other than one approved in writing by VDOT, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with

General Terms & Conditions, Default, Paragraph P. A Procurement Complaint Form will be issued against the Contractor.

J. AUTHORIZED WORK HOURS:

1. SCHEDULES: Most work may be performed between the hours of 7:00 a.m. and 3:30 p.m., Monday through Friday. The work hours may vary during the contract period and may be changed at the discretion of the VDOT Contract Administrator. The Contractor may be required to work extended hours (i.e. nights, weekends, and holidays) due to road closures; no additional pay will be given for nighttime, weekend, or holiday work.

2. HAZARDOUS CONDITIONS: No work shall be performed when the weather or other unforeseen conditions create a safety hazard or adversely affect the effectiveness of the work activities, or at the discretion of VDOT.

Bristol District/Wise Residency

3. HOLIDAY WORK RESTRICTIONS: Holiday restrictions will be in accordance with the

VDOT Road and Bridge Specification section 108.02(b). VDOT may extend these restrictions at any time based on potential traffic impacts. Exceptions to these restrictions will be at the sole discretion of VDOT’s contract administrator or designee.

V. OPTIONAL PRE-BID CONFERENCE:

An optional pre-bid teleconference will be hosted by the Contract Officer at 10:00 AM EDT on July 25, 2022.

The conference will begin promptly at the time indicated. At the start of the conference the Contract Officer will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their names, company and contact information during the roll call.

This conference can be accessed with the below dial-in information:

Dial: +1 234-575-2708

Enter Meeting PIN ID: 372 024 685#

Or, this conference can be accessed by downloading the free Google Meet App on your smart device.

From the Google App, click on “Join a Meeting”

Enter meeting code: ekv-khad-yqi

Then select “Join Now”

The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation. While attendance at this conference will not be a prerequisite to submitting a bid, bidders who intend to submit a bid are encouraged to attend.

Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VI. METHOD FOR PAYMENT:

Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA

Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692-0473 or via email at: edi@doa.virginia.gov.

A. PAYMENT: Payment will be made on an hourly basis to the nearest one-half (1/2) hour for the actual time equipment and personnel are used at the project location, with no stand-by time allowed unless pre-authorized by the VDOT Contract Administrator or designee. The hourly rate will not change for night, weekend work, or any hours worked beyond a regular 40-hour week. The Contractor shall incorporate fuel and mobilization costs into the bid rate for each line item.

B. VERIFICATION: The Contractor shall utilize a timesheet in a format accepted by the VDOT Contract

Administrator. At the conclusion of the workday, the Contractor shall submit this timesheet showing the line items and quantities for each workday. The timesheet must be verified, mutually agreed upon and signed by the Contractor and Contract Administrator or designee at the end of each workday. The timesheets will be used by VDOT to verify Contractor’s invoices.

mailto:edi@doa.virginia.gov

Bristol District/Wise Residency

C. COMPLIANCE: At the conclusion of the workday, the Contractor shall demonstrate to the Contract

Administrator or designee the work is fully in compliance with the contract and VDOT specifications. Any deficiencies shall be corrected within 24 hours by the Contractor at the Contractor’s sole expense, prior to the final acceptance of the work. VDOT may arrange for the corrective work to be accomplished by other forces and reserves the right to deduct that portion from the amount due the Contractor. Any complaint as to quality, faulty or delinquent delivery, or violation of contract provisions will be reported to the VDOT

Contract Officer with the use of a Procurement Compliant Form.

D. BILLABLE TRAVEL TIME: Equipment traveling or moved from one VDOT work location to another

VDOT work location within the same day will be paid at the contract hourly rate. Other travel or movement of equipment will not be billable.

E. ACTUAL HOURS: No time shall be billed unless both equipment and dedicated operator are present, as requested by VDOT, and in performance of the work. Equipment without operator, equipment not in use or not used shall not be billable.

F. SHOW-UP TIME: The contractor shall be paid two (2) hours show-up time if the Contractor is unable to perform due to circumstances deemed beyond the control of the contractor, (emergency situations for

VDOT, weather) and the proper personnel and equipment have reported to the work site by 7:00 a.m.

VDOT reserves the right to determine if the contractor qualifies for show up time. It shall be the contractor’s responsibility to contact the VDOT representative in the event of inclement weather and discuss whether work can be performed that day. No payment will be allowed for showing up during inclement weather without contacting the VDOT representative.

G. EQUIPMENT BREAKDOWN: If a piece of the Contractor’s equipment breaks down causing delay in a project, VDOT will not be responsible for payment to the Contractor during this time. If replacement equipment is needed, the Contractor shall provide a replacement within three (3) hours. The Contractor will not be compensated to mobilize the replacement equipment in or out. If the needed equipment has to be obtained from another source, the Contractor will not be compensated for the trip to mobilize the broken equipment from the work site. Payment will resume once the project can be restarted.

H. DOWNTIME OF SERVICES: Equipment will be paid only for actual hours worked and no time will be allowed for downtime or servicing equipment. No time will be allowed for the Contractor to conduct meetings with their employees during VDOT operating hours. Any time needed for such a meeting will require prior approval by the VDOT Supervisor, and payable time will be deducted for the amount of time taken.

VII. INVOICING:

After acceptance of work, invoices shall be submitted semimonthly for the periods ending on the 15 th day of the month and the last day of the month or upon completion of work, whichever occurs first. All invoices shall include the contract number, purchase order number, work order number, description of the work performed, work location(s), date of work, a breakdown of line items and quantities used, price per unit of measure, extended price and a grand total. Contractor shall provide, with invoice, a copy of the signed daily time sheets for all time listed on the invoice. The only charges VDOT will approve for payment will be charges based upon the rates and line items agreed upon on the daily timesheet. Invoices shall be submitted to the address listed below:

Virginia Department of Transportation

Wise Residency

Attn: Brandon Bennett

703 Hurricane Rd. NE

Wise, VA 24293

In lieu of mailing, invoices may be submitted as an attachment via email to: brandon.bennett@vdot.virginia.gov.

mailto:brandon.bennett@vdot.virginia.gov

Bristol District/Wise Residency

VIII. BIDDERS INSTRUCTIONS AND PUBLIC BID OPENING:

A. BID SUBMISSION – INSTRUCTIONS: All bids must be submitted electronically online via eVA using the bidder’s established eVA Supplier Account. The entire bid response including any/all attachments and any/all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed, or hand-delivered bids will not be accepted.

To submit an online bid, please refer to the online bidding instructions at:

https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/online-bidding-instructions-ifb.pdf

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting.

Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@dgs.virginia.gov.

B. PUBLIC BID OPENING: Bids will be opened at the time stated on the Reminders page of the electronic posting of this solicitation, and their contents, per the Virginia Public Procurement Act and Commonwealth of Virginia Vendor’s Manual, will be made public for the information of bidders and others interested.

A public bid opening via teleconference will be hosted by a VDOT representative at 10:30 a.m. EDT, August 4, 2022. The conference can be accessed with the below dial-in information:

Call: +1 401-589-5664

Meeting PIN ID: 871 989 003#

Additionally, conference can be accessed by downloading the free Google Meet App on your smart phone.

From the Google Meet App, click on “Join a Meeting”

Enter meeting code: ibr-kbhv-abn

Then select “Join Now”

The bid opening will begin promptly at the time indicated. At the start of the conference, the VDOT

Representative will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their names, company, and contact information during the roll call.

If you are unable to access the teleconference at the scheduled time please contact the Contract Officer via email and a bid reading will be provided.

The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of bids received.

IX. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia

Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors

Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Sell To Virginia”.

https://eva.virginia.gov/index.html https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/online-bidding-instructions-ifb.pdf mailto:eVACustomerCare@dgs.virginia.gov http://www.eva.virginia.gov/

Bristol District/Wise Residency

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of

Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair

Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the

Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the

Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the

Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

Bristol District/Wise Residency

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over

$10,000: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs AND RFPs:

Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the

Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

Bristol District/Wise Residency

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number

(for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of

Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if

Bristol District/Wise Residency necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions…