1216857_Saluda Residency 22.23 Snow Posting.pdf

2022-2023

SNOW REMOVAL EQUIPMENT SERVICES AGREEMENT

M-7B

DEFINITIONS: Whenever used in this solicitation or in the Agreement documents, the following terms have the meanings indicated, which are applicable to both the singular and plural and the male and female gender thereof.

1. Push Time: is defined as time actively engaged in winter operations as directed by VDOT or designee.

2. Standby Time: is any other time when mobilized that is not “Push Time”. If, during an event, there is a pause in precipitation, but precipitation is forecasted to begin again and the Contractor will be needed, they shall be placed on “Standby Time” until it is warranted to return them to “Push

Time” or release them.

3. Operational Rate: (where applicable as specified by the District’s Special Terms and Conditions) refers to a flat rate paid for an active winter operations for any time a Contractor is active, mobilized, and working.

4. Employee is defined by the Virginia Workers’ Compensation Commission

(https://workcomp.virginia.gov/). More information about coverage can be found on their site’s

Employer page at https://workcomp.virginia.gov/content/employers

The purpose of this Snow Removal Equipment Services Agreement (“Agreement”) is to obtain equipment with operators to provide emergency snow and ice removal services as ordered by the Virginia

Department of Transportation (“Department “or “VDOT”) during winter weather events. Winter weather events and the conditions they produce are unpredictable, and the services required during these events are time sensitive and ever-changing. For these reasons, VDOT will order services under this

Agreement on an as-needed basis, as determined by VDOT in its sole discretion. To be clear, this

Agreement is for an indefinite quantity of services; VDOT does not agree to any amount of snow removal services from the Contractor during the term of this Agreement.

I. SNOW REMOVAL OPERATIONS

A. SCOPE OF SERVICES

1. Upon request, the Contractor shall furnish to the Department any and all equipment described in the Snow Removal Equipment Services Agreement submitted and approved through https://plow4va.com along with experienced operator(s) for the purpose of providing snow removal and other road clearing and treatment services described in the Agreement

(“Operational Services”). The Contractor shall provide Operational Services during the Term of each year of the Agreement. This Agreement may be renewed in accordance with Section

III, Special Terms and Conditions, M. Renewal of Agreement.

2. The Contractor shall provide Operational Services at locations within the Area Headquarters, Residencies and Districts selected. VDOT may request and the Contractor may agree to work https://workcomp.virginia.gov/ https://workcomp.virginia.gov/content/employers https://plow4va.com/ in other locations under the same terms and conditions as this Agreement. Any Area

Headquarters, Residency or District in which the Contractor is assigned or agrees to provide

Operational Services shall be referred to as the “Designated VDOT Location” in the

Agreement.

3. The Term of this Agreement shall be from the date the vendor Agreement is approved through

April 30 of the year following the year of the effective date.

4. The Contractor will be paid the hourly rates selected for equipment with operator used while the Contractor is actively performing Operational Services in accordance with the

Department’s directions. If the Department requests the Contractor to be on standby in preparation prior to or during the expected weather events, the Contractor will be paid 50% of the Push Rate or otherwise as specified in the District Special Terms and Conditions.

a) Standby payment will begin when each piece of equipment, and the operator, reports to the designated VDOT location, and continues during the time the equipment and operator remains in the staging process, but is not engaged in active Operational Services.

b) The Standby Rate shall cease for each piece of equipment when VDOT either orders the commencement of active Operational Services or releases the equipment and operator from use.

c) Work under this Agreement at the Designated Rate shall commence when VDOT directs the Contractor’s equipment operator to perform active Operational Services. Work at the

Designated Rate under this Agreement shall cease when VDOT directs the Contractor’s equipment operator to stop active Operational Services, or to go on Standby.

5. VDOT may only make one (1) call to the Contractor’s listed number at the beginning of the snow event to request Operational Services from the Contractor (“Call-In Notification”). The

Contractor will be responsible for ensuring that its phone number is updated at the Designated

VDOT Location. VDOT will establish and advise the Contractor of the time for reporting during this Call-In Notification.

a) The Contractor’s operator shall be required to report to the designated VDOT Location with equipment within two (2) hour(s) of VDOT’s Call-In Notification. In the event that the Contractor Call-In Notification is later than the hours listed above, the Contractor shall report at the specific time provided.

b) Each of the Contractor’s operators shall report to the Designated VDOT Location with all equipment, fuel and any other incidentals needed to provide immediate Operational

Services.

c) Equipment photos taken during equipment verification may be used when reporting for operational service to verify the registration, license plate and Vehicle Identification

Number (VIN). (See Section E.2 VDOT)

d) Once Contractors are called to demobilize during an Event, all VDOT materials must be returned and unloaded at the VDOT location directed by the Department.

6. The Contractor shall permit the Department, at its discretion, to mount, place, remove and maintain VDOT equipment or components, including but not limited to: plows, A-frames, lights and spreaders on the Contractor’s equipment. VDOT will determine and schedule the time at which VDOT equipment or components will be installed on the Contractor’s equipment.

VDOT will maintain VDOT equipment or components only.

a) All VDOT accessories listed in this Agreement may not be available to the Contractor. For example: lights will not be available in some locations. At VDOT informational meetings, and at other times, as determined by VDOT, Contractors will be informed as to which accessories will be provided at each Designated VDOT Location.

b) If VDOT provides and installs plows on the Contractor’s equipment, VDOT may also provide and install additional sets of lights. VDOT will not be responsible for providing or installing additional lights on the Contractor’s equipment that include plows and spreaders provided and installed by someone other than VDOT.

7. The Contractor shall not perform, or offer to perform, any snow removal operations at the direction of any private individuals, firms, or corporations, while performing Operational

Services with equipment being used under this Agreement. VDOT equipment or components shall never be used for private use. VDOT equipment or components shall only to be used on

State Rights of Way as directed by VDOT.

8. The Contractor shall perform all Operational Services in such a manner as to satisfactorily remove snow and ice from assigned roadways under current weather conditions.

9. The Contractor shall pick up all VDOT-issued equipment from the Designated VDOT Location no later than the date provided in the District Special Terms and Conditions.

10. The Contractor shall return all VDOT equipment to the Designated VDOT Location no later than the date provided in the District Special Terms and Conditions.

11. The Contractor shall be in full compliance with all OSHA and VOSH personnel, equipment, and safety regulations.

B. LICENSED EQUIPMENT

1. The Contractor’s equipment shall include: vehicles, fuel, chains, supplies, and any tools necessary to insure safe operation and safe equipment. Equipment shall be properly licensed and shall adhere to all applicable federal and state motor vehicle regulations. The Contractor shall maintain all required equipment in a condition that enables the Contractor to safely and effectively perform services throughout the duration of the Agreement. Any equipment failing to meet any of the Agreement standards, deemed to be inadequate, or requiring an inordinate amount of alterations, shall not have VDOT snow removal equipment /components installed, and shall not be allowed to perform work under this Agreement. The Contractor is not eligible for payment (at Standby Rate or at the Designated Rate) until equipment is brought into compliance by the Contractor, as solely determined by VDOT.

2. Equipment changes or substitutions during the term of the Agreement will only be considered for like equipment (example: replacing a broken-down 4X4 Pickup with an operable 4X4

Pickup) and must be approved by VDOT.

3. The Contractor shall ensure its equipment has the capacity to operate VDOT plows and spreaders once such equipment is installed. The Contractor is also responsible to insure that none of its equipment is overweight. On all equipment that is equipped with a chemical spreader, the Contractor shall have the tail lights visible and unobstructed by the spreader chute or free standing spreader stand legs. The Contractor shall also be responsible for ensuring the spreader is working properly, and that all warning signs are kept clean so that they can be read easily, and that all warning lights and backup alarms are operational at all times. For VDOT-provided spreaders, if tail light adjustment is needed to meet the requirements due to free standing spreader stand legs, VDOT may provide the lights and installation of the lights, but the Contractor, or representative of the Contractor, shall be responsible for the wiring of the lights into the truck lighting system. For private spreaders, the

Contractor shall be responsible for lights, warning signs and installation. The Contractor shall ensure each Contractor-owned spreader is equipped with a prismatic lens sheeting sign, mounted and clearly visible, on the rear of the spreader which reads KEEP BACK 100 FEET.

4. Per the current version of the Virginia Work Area Protection Manual (WAPM) and subsequent revisions, each vehicle involved in Operational Services shall be equipped with at least one rotating amber light or high intensity amber strobe light, and shall be visible 360 degrees around the vehicle on which they are installed. Vehicle hazard warning lights can be used as a supplement, but shall not be used instead of rotating lights or strobe lights.

5. All single axle, tandem, and multiple axle trucks, dump or otherwise, to be rigged with VDOT-owned plows and/or spreaders, shall have a minimum 12,000 pound weight rating capacity for the front axle.

6. Contractor trucks to be rigged with VDOT-owned spreaders will be required to insure truck beds are level and free of any dents, damage, debris, or any other material that may obstruct smooth and safe loading of VDOT spreaders for those Designated VDOT Locations using portable spreader stands.

7. The Contractor shall be responsible for properly securing equipment and materials on their vehicles at all times.

8. The Contractor is responsible for all rigging and maintenance when vehicles with auxiliary equipment are provided by the Contractor.

9. The Contractor shall be responsible for providing cutting edges/blades for plows provided by the Contractor. The Contractor shall be required to replace blades as required and at the sole discretion of VDOT.

10. All contractors transporting equipment and materials in excess of legal size and gross vehicle weight rating (GVWR) are required to obtain and retain appropriate hauling permits in accordance with the Department of Motor Vehicle's Hauling Permit Requirements Manual.

a.) Contractors who are providing their own plows or spreaders for snow removal operations:

i. Contractors providing their own plows and spreaders must obtain appropriate hauling permits directly from the DMV. Contractors may contact DMV Hauling

Permit section at 804-786-2787 for more details.

b.) Contractors carrying VDOT-owned plows and spreaders for snow removal operations:

i. VDOT will issue hauling permits at no charge for Contractor Trucks that are using

VDOT-owned plows and spreaders. The “Effective Date” field and the field beneath “VDOT” for the Contractor company name shall be computer generated and printed at the time the hauling permit is issued. These two fields shall not be hand written on the hauling permit.

ii. The Contractor's VIN number can be computer generated or hand written, but must be entered to make each hauling permit specific to each truck.

iii. These hauling permits expire 1 year from the effective date entered.

iv. Hauling permits must be kept in the assigned vehicle and made available upon request.

11. The Contractor shall provide tire chains when needed for all Contractor provided equipment, including loaders and graders. In the event a Contractor’s vehicle gets stuck, the Contractor shall immediately notify the Designated VDOT Location to which the Contractor is assigned.

No payment at the Designated Rate or Standby Rate will be authorized until the vehicle is back in operating status. The Contractor, not VDOT, will be responsible for rescuing their equipment should it become stuck.

12. The name of the Contractor's company shall be displayed on both sides of equipment on all licensed equipment, including Supervisor vehicles while on VDOT right of way.

13. In the event the Contractor’s equipment breaks down, the Contractor shall immediately notify the Designated VDOT Location to which the Contractor is assigned. No payment for that piece of equipment will be authorized until the equipment is back in operating condition. With

VDOT’s prior approval, the Contractor may substitute an equivalent piece of equipment. If this substitute equipment requires any VDOT rigging, there will be no payment made to the

Contractor during rigging of the substitute equipment. VDOT may bill the Contractor the additional VDOT rigging time.

14. The Contractor is required to contact the Designated VDOT Location immediately if they are involved in an accident while performing snow removal operations. If the equipment is no longer able to perform the service, with VDOT’s prior approval, the Contractor may substitute an equivalent piece of equipment. If this substitute equipment requires any VDOT rigging, there will be no payment made to the Contractor during rigging of the substitute equipment.

No payment for that piece of equipment will be authorized for payment during downtime.

15. The Contractor shall be responsible for ensuring that all of their equipment is in full compliance with local, state and federal requirements, laws and standards and shall ensure their equipment meets all Federal Department of Transportation (USDOT) and Virginia State

Inspection standards as applicable (prior to installation of VDOT equipment or components).

16. Contractor trucks and equipment that will be utilizing a VDOT electric plow and / or spreader shall have an alternator with a minimum output of 120 amps. Contractor trucks and equipment that have 24 volt systems shall have a dedicated 12 volt battery circuit / system for the electric plow and / or spreader. Failure to meet the above requirements will result in VDOT being unable to properly rig / wire the equipment; therefore, VDOT reserves the right to decline trucks and / or equipment not equipped with proper charging systems as outlined above.

17. The Contractor shall not leave their assigned routes for any reason without notifying the Snow

Shift Supervisor or Monitor during times of staging for standby or during active snow removal operations, to include stopping for fuel or food. Any Contractor equipment found to not be in their assigned staging area or in their snow removal route without proper notification will be removed from the clock until the Contractor's equipment can be located. Leaving the assigned route or staging area without proper notification may cause for equipment to be released from operations, removed from active call list, and/or the Agreement terminated.

C. UNLICENSED EQUIPMENT

1. The Contractor’s equipment shall include: vehicles, fuel, chains, supplies, and any tools necessary to insure safe operation and safe equipment. Equipment shall adhere to all applicable federal and state motor vehicle regulations. The Contractor shall maintain all required equipment in a condition that enables the Contractor to safely and effectively perform services throughout the duration of the Agreement. Any equipment failing to meet any of the

Agreement standards, deemed to be inadequate, or requiring an inordinate amount of alterations, shall not have VDOT snow removal equipment /components installed, and shall not be allowed to perform work under this Agreement. The Contractor is not eligible for payment (at Standby Rate or at the Designated Rate) until equipment is brought into compliance by the Contractor, as solely determined by VDOT.

2. Equipment changes or substitutions during the term of the Agreement will only be considered for like equipment (example: replacing a broken-down motor grader with an operable motor grader and must be approved by VDOT).

3. Per the current version of the Virginia Work Area Protection Manual (WAPM) and subsequent revisions, each vehicle involved in Operational Services shall be equipped with at least one rotating amber light or high intensity amber strobe light and shall be visible 360 degrees around the vehicle in which they are installed. Equipment hazard warning lights can be used as a supplement but shall not be used instead of rotating lights or strobe lights.

4. The Contractor is responsible for all rigging and maintenance when vehicles with auxiliary equipment are provided by the Contractor.

5. The Contractor shall provide tire chains when needed for all non-licensed equipment including loaders and graders. In the event a Contractor’s vehicle gets stuck, the Contractor shall immediately notify the Designated VDOT Location to which the Contractor is assigned. No payment at the Designated Rate or Standby Rate will be authorized until the vehicle is back in operating status. The Contractor, not VDOT, will be responsible for rescuing their equipment should it become stuck.

6. In the event the Contractor’s equipment breaks down, the Contractor shall immediately notify the Designated VDOT Location to which the Contractor is assigned. No payment for that piece of equipment will be authorized until the equipment is back in operating condition. With

VDOT’s prior approval, the Contractor may substitute an equivalent piece of equipment. If this substitute equipment requires any VDOT rigging, there will be no payment made to the

Contractor during rigging of the substitute equipment. VDOT may bill the Contractor the additional VDOT rigging time.

7. The Contractor is required to contact the Designated VDOT Location immediately if they are involved in an accident while performing snow removal operation. If the equipment is no longer able to perform the service, with VDOT’s prior approval, the Contractor may substitute an equivalent piece of equipment. If this substitute equipment requires any VDOT rigging, there will be no payment made to the Contractor during rigging of the substitute equipment.

No payment for that piece of equipment will be authorized for payment during downtime.

8. The Contractor shall be responsible for ensuring that all of their equipment is in full compliance with local, state and federal requirements, laws and standards.

D. OPERATOR

1. The Contractor shall provide sufficient qualified operator(s) to insure continuous 24 hour per day Operational Services during a winter weather event as directed by the Designated VDOT

Location. Operator(s) must be properly licensed and adhere to all applicable federal and state motor vehicle regulations.

2. Operator(s) shall wear safety attire while performing Operational Services. Safety attire shall be provided by the Contractor. Operator(s) shall wear a hard hat and safety vest/garment anytime the operator is out of the vehicle. Safety attire shall be in accordance with the Virginia

Work Area Protection Manual.

3. Under no circumstances shall a Contractor, while performing under this Agreement allow, or be permitted to have, passengers under 18 years of age, ride in snow removal vehicles. Contractors observed allowing private or passengers under 18 years of age in vehicles during Operational

Services may be issued a “Procurement Complaint Form”, and the Agreement may be terminated and no payment will be made for demobilization fees. Animals are prohibited from riding in the vehicle during snow removal operations. No minors under the age of 18 will be allowed to perform Operational Services or be present on VDOT work site(s), including in the Contractor’s vehicle, when and where this Agreement will be performed

4. To ensure the overall safety of all personnel and the traveling public, the Contractor is required to provide operators who are able to communicate using the English language, understand instructions provided using the English language, and read and understand maps and emergency road procedures. The operators shall be required to demonstrate that they are capable of understanding instructions in English for safe and effective operations. These instructions will include: plowing and spreading instructions; techniques appropriate to the route; detailed yard requirements such as standby area, parking areas and routes to follow, loading and unloading chemicals, road maps and VDOT snow maps, and emergency road procedures. If the operator is not capable of understanding these instructions, the Contractor will be notified and a replacement operator will be required. Until an appropriate replacement operator is put in place the Contractor will not be compensated.

5. It will be the Contractor’s responsibility to provide operator(s) with valid licenses. When required for the equipment being operated, the operator of the equipment shall possess a valid

Commercial Driver’s License (CDL) with the proper endorsements, and shall have this license in their possession during operations of the vehicle. Failure to comply with this request constitutes unsatisfactory performance and may result in termination of the Agreement. VDOT reserves the right to spot check any operator’s license at any time during Operational Services, and to check the validity of the license with Virginia’s Department of Motor Vehicles at any time during the term of the Agreement.

6. The Contractor shall be responsible for establishing schedules so that any individual operator is not permitted to work more than 14 consecutive hours (to include standby) without having at least a 6-hour break. If the duration of the snow event requires it, the Contractor shall ensure that properly trained and licensed relief operator(s) are available to sustain 24 hour operations.

Contractors that repeatedly fail to provide relief drivers will have their equipment removed from the active call-in list. Continued failure to adequately staff equipment may be cause for the Agreement to be terminated.

7. The Contractor shall be responsible for ensuring that all of their operators are in full compliance with local, state and federal requirements, laws and standards.

8. Contractors shall ensure all operators are properly trained in snow removal operations, including: snow removal and treating techniques, safety requirements, proper identification of snow removal areas, and proper communication of operation status with VDOT personnel.

Contractor operators found to be plowing/treating roadways incorrectly, or plowing/treating privately owned roads or property, shall be released from operations until the Contractor can either replace the operator or ensure that the operator will perform as required. Contractor may be required to compensate VDOT for any improperly used materials and/or time used.

E. VDOT

1. The Department, when necessary, through the Designated VDOT Location supervisor or designee, will request equipment from the approved Snow Removal Equipment Services

Agreement submitted and approved through https://plow4va.com VDOT reserves the right to determine the most effective and cost efficient method of responding to a snow removal event. VDOT reserves the right to solely use its own equipment and to use or not use any contracted equipment.

2. Prior to e-signing the Agreement by VDOT, each piece of offered equipment is subject to verification by VDOT personnel. The intent of the equipment verification process is to verify that the equipment provided physically matches what is registered by the Contractor and that it is suitable for winter operations. The location and time of verification and any needed re-verification shall be determined and performed at the convenience of VDOT. During the verification by VDOT personnel, a photo will be taken of each piece of offered equipment including: the registration, license plate, Vehicle Identification Number (VIN), and a side and front profile of the vehicle. The Department reserves the right to reject any offered equipment. VDOT’s review of Contractor equipment does not absolve the Contractor of its responsibilities to meet Federal and State equipment requirements. VDOT will perform an equipment verification during each successive renewal period.

3. If Contractor equipment fails the initial verification due to vehicle deficiencies, the

Contractor shall have 10 business days to document any corrective action completed for a rejected vehicle to be re-verified. Any equipment not re-verified or scheduled for re-verification within 15 days of initial verification failure may be removed from the

Contractors application. Any equipment that will take an excessive amount of time for corrections to be made may be immediately removed from the application or substituted with like equipment.

4. If available, the Department may furnish A-Frames, snowplows, blades, spreaders and other equipment or components for Contractor equipment to be accepted and approved. VDOT will maintain and repair VDOT-owned equipment and components only.

5. VDOT will provide cutting edges/blades for all plows provided by VDOT.

6. The Contractor’s trucks scheduled to receive VDOT spreaders shall report to the appropriate

Designated VDOT Location with that vehicle’s tailgate already removed. VDOT will not assist the Contractor in removing and/or reinstalling the tailgate. The Contractor shall not be compensated for the time spent removing and/or reinstalling the tailgate. Tailgates shall not be stored at any Designated VDOT Location.

7. VDOT-installed equipment and components, (snowplow hitch, wiring, lights, etc.), excluding plow and spreader, shall not be removed by the Contractor without VDOT’s prior approval after initial installation until directed by VDOT. Once directed by VDOT, removal shall be done by an authorized VDOT representative or designee. Equipment shall be operational for snow removal at all times during the Term of the Agreement. Contractors that remove VDOT-installed equipment or components will not be eligible to receive the demobilization fee for that piece of equipment or component.

8. VDOT will provide all de-icing chemicals, sand, salt, and mixes to be used for snow and ice removal.

F. RIGGING EQUIPMENT

1. For vehicles submitted to be “first time” rigged with VDOT-provided equipment or components, VDOT will determine at its sole discretion, whether VDOT has the capability to rig the vehicles. When rigged by VDOT, all auxiliary equipment, controls, wiring, and incidentals required may be provided.

2. Each piece of equipment offered to be “first time” rigged by VDOT will be inspected by VDOT personnel. The inspection will be to insure the piece of equipment meets VDOT requirements.

Equipment will be inspected to ensure that components are capable of supporting the installation of snow equipment, including, but not limited to: front axle capacity, frame, springs, shackles, interference with steering, brake or other components. Bumpers may require modification to permit the installation of a push frame mounted plow by cutting holes in the bumper for ears to protrude. If VDOT determines that the costs of rigging exceed the customary cost of installing the same equipment on typical VDOT equipment, VDOT may reject the vehicle submitted as ineligible for VDOT rigging. VDOT will maintain VDOT equipment and components only. If the equipment is to be “first time” rigged by VDOT, the Contractor shall permit VDOT, at its convenience, to mount, place, and maintain equipment or components, including but not limited to, plows and spreaders on the equipment deemed necessary for the efficient removal of snow and ice and to remove the same. The Contractor agrees to cooperate in the scheduling of rigging appointments, and to adhere to its scheduling commitments. When VDOT calls to schedule “first time” rigging, the Contractor shall, within 48 hours, either confirm the scheduled date or request an alternative date. If the Contractor fails to meet the scheduled time, VDOT reserves the right to schedule other Contractors and/or reject the Contractor’s equipment for rigging. If the

Contractor misses a scheduled and confirmed appointment the Contractor is not eligible and shall forfeit the rigging fee in Section IV, Payment and Invoicing Items, D, Rigging Contractor

Trucks with VDOT-Owned Equipment.

3. With VDOT approval, a Contractor who is capable, may “first time” rig their own trucks with a

VDOT plow rack and its accessories using a certified welder, rather than have VDOT perform the rigging. VDOT must inspect and approve the vehicle for rigging prior to allowing installation with Contractor’s welder. After rigging, the equipment must be inspected and approved by

VDOT. The Contractor must schedule appointments for inspection by VDOT and must receive final approval from VDOT for the completion of rigging by the date established by VDOT.

VDOT reserves the right to request a copy of the certified welder’s Certificate at any time, and the Contractor shall comply with this request within 48 hours.

4. Contractor vehicles to be equipped with VDOT-provided equipment or components may also be “first time” rigged by VDOT on state premises or a VDOT Contractor. VDOT may provide all auxiliary equipment, controls, wiring, and necessities for the “first time” rigging and perform all the “first time” rigging work; however, the owner shall be responsible for making the electrical connections to the vehicle.

5. Due to the complexity and variation in vehicles and equipment, and the extreme conditions vehicles and equipment are subjected to, VDOT assumes no liability of any kind, either expressed or implied, regarding the installation of any VDOT-owned equipment or components either by VDOT staff or Contractors. The Contractor shall be responsible for inspecting all equipment or components installed by VDOT before the equipment is operating on the roadway.

6. If the snowplow obstructs the vehicle’s headlights, Snowplow lights and brackets must be installed onto the hood of the vehicle. Brackets may be added to the snowplow A-Frame for lights. Installation of additional wiring and switches may be installed in the cab area of the equipment. VDOT will maintain and/or repair VDOT-owned equipment or components only.

7. The Contractor’s personnel may be required to assist in installing VDOT plows and spreaders when called in for a snow event. Operators will be required to clean off excess salt and sand lumps from the top of spreader cage at the chemical pad before they are loaded, and during and after the event. It shall be the operator’s responsibility to inspect any equipment and all loads on their vehicle prior to leaving the VDOT loading area, and before the equipment is operated on the roadway.

8. It shall be the responsibility of the operator to inspect the VDOT spreader to ensure it is secured properly, working properly, that all warning signs are kept clean so they can be read easily, and that all warning lights are operational at all times. The Contractor shall also be responsible for maintaining the fuel and oil levels in VDOT-provided spreaders for the duration of the storm event. VDOT will provide fuel and oil for any VDOT-owned spreaders.

The Contractor shall provide fuel and oil for Contractor-owned spreaders.

9. It is the Contractor’s responsibility to report any damage to VDOT’s equipment, component, or property. As determined by VDOT, the Contractor shall be responsible and held liable for any damage to VDOT-owned equipment or components and property caused by the

Contractor. Failure to report damage shall result in the issuance of a “Procurement Complaint

Form” and other Agreement consequences.

10. If VDOT-owned equipment or components fail, the operator shall immediately report any malfunction which interferes with continued safe operation to the assigned Designated VDOT

Location. If VDOT determines that the malfunction was not caused by the Contractor, and that the Contractor cannot continue working because the equipment or components require repair, the Contractor will be compensated for lost time at the Standby or Operational Rate (as specified by the District’s Special Terms and Conditions) for the number of hours needed to complete the repair, or the remaining hours of the current shift, or the end of the snow/ice event, whichever is less. If VDOT determines the malfunction of the equipment or components was caused by the Contractor, the Contractor will not be compensated for lost time, will be held responsible for the equipment or component repair and replacement charges, and VDOT may issue a “Procurement Complaint Form”.

11. The Contractor is responsible for the return of all VDOT equipment or components by the end of the snow season but no later than end of the Term of the Agreement.

G. AUTOMATIC VEHICLE LOCATION SYSTEM (AVL) EQUIPMENT FOR LICENSED

EQUIPMENT

VDOT-approved Automatic Vehicle Location System (AVL): AVL is a mandatory requirement of this Agreement. For all licensed equipment and any unlicensed equipment if designated by the

Department. AVL technology will help locate snow removal vehicles and equipment, document hours at work, miles traveled and provide the ability to locate vehicles in the event of an emergency, such as accident or stranding. The ability to easily locate equipment will vastly improve VDOT’s ability to manage and deploy resources to “hot spots” and high priority areas during a severe weather event. Contractors that have AVL equipment that is inoperable or inaccessible to VDOT may not be allowed to perform services.

Part 1: (Cal/Amp Distributed Units)

A. VDOT will provide each Contractor with the AVL ordering Portal information and installation instructions once their Agreement is accepted by VDOT.

B. The Contractor must have the AVL device installed according to the installation instructions obtained from the designated VDOT service provider, and accessible to

VDOT by the date specified in the District’s Special Terms and Conditions (“AVL

Activation Date”). AVL must remain installed and activated through the end of the

Agreement Term. The AVL device for each piece of equipment is provided at no cost to the Contractor once. The period from the AVL Activation Date through the end of the

Agreement Term is the “Activation Period”. The Agreement is not final until the AVL unit is received, installed and properly reporting. The Contractor shall verify service is active by contacting the service provider and having the equipment signal tested.

C. Contractor shall be responsible for compliance with all requirements necessary to activate and maintain AVL service with the designated VDOT service provider. In addition, the

Contractor must ensure that the AVL service provider has all required and correct information and that all AVL service provider requirements continue to be met during the

Term of this Agreement.

D. The Contractor shall have the AVL equipment activated from the time the piece of equipment reaches the Designated VDOT Location, or at the staging location, whichever is earlier. AVL equipment must remain activated, operable, and accessible to VDOT until the

Contractor is released from Operational Services. The Contractor will use the AVL equipment in accordance with the instructions provided by VDOT.

E. In the event the Contractor’s AVL equipment is inoperable, the Contractor shall immediately notify the Designated VDOT Location to which the Contractor is assigned.

Payment for that piece of equipment will not be authorized until the AVL system is operable, accessible to VDOT to ensure accurate tracking, another method of monitoring is implemented by the Department, or the Contractor has provided adequate documentation that the Contractor has worked with the Service Provider to alleviate the issue causing the unit not to register. No equipment will be called in until the AVL unit is reporting properly or another means of monitoring is established by the Department.

F. It is the Contractor's responsibility to ensure that the units are registering prior to snow removal events by contacting the service provider or accessing their service account. AVL systems shall remain installed and in working order throughout the Snow Removal Season.

VDOT will run periodic reports to establish which units are functioning correctly. During this testing period, the Contractor shall have his AVL unit installed and reporting correctly.

Contractors will be given 10 days prior notice of specific testing dates. Contractor shall have 10 days to correct any deficiencies or document that the deficiencies are being corrected by the service provider. Failure to provide documentation may result in vehicle/equipment being permanently removed from the Active Call-In list and may be cause for the termination of the Contractor's Agreement.

G. The Contractor shall be responsible for any loss or damage it causes to AVL equipment in its possession and shall pay for replacement costs.

H. AVL Requirements:

1. Contractor complies with all requirements of the AVL service provider.

2. Contractor ensures that the AVL service provider is authorized to grant VDOT access to Contractor AVL data throughout the Activation Period.

3. VDOT’s access to AVL data during the Activation Period is continuous and uninterrupted throughout the Activation Period.

4. VDOT will not be responsible for reinstallation charges should Contractor elect to change or reassign vehicles for any reason during the snow removal season.

5. Contractor will notify VDOT and the AVL Service Provider of any reassignment of any of the AVL devices for the term of the Agreement.

Part 2: (VDOT Distributed Units) – Lynchburg District Only

A. VDOT will provide the Contractor with AVL equipment and service for each licensed piece of equipment in this Agreement. The Contractor shall be fully responsible for AVL unit from the time it was provided to the Contractor, through April 30th, or until equipment is returned to VDOT, whichever is the earliest

1. The Contractor shall have the AVL equipment turned on from the time the Contractor reaches the Designated VDOT Location, or at the staging location, whichever is earlier.

AVL equipment must remain on, operable, and accessible to VDOT until the Contractor is released from Operational Services.

2. The Contractor will use the AVL equipment in accordance with the instructions provided by VDOT.

3. If any AVL equipment becomes inoperable during the Operational Services, the

Contractor shall contact the Designated VDOT Location immediately. No payment for that piece of equipment will be authorized until the AVL system is operable and accessible to VDOT to ensure accurate tracking.

4. The Contractor shall be responsible for any damage it causes to AVL equipment in its possession, and shall pay replacement cost if the equipment is not returned to VDOT in the same working condition as when received by Contractor.

5. The Contractor shall return all VDOT AVL Equipment as directed by the Designated

VDOT Location.

II. 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”.

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 http://www.eva.virginia.gov/ 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.

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: 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:

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…