158631 Specifications.pdf

Administrative Services Procurement

Richmond District Roadside Development

Plant Bed Maintenance

IFB# 158631

Issue Date: January 18, 2024 INVITATION FOR BIDS IFB# 158631

Title: Plant Bed Maintenance

Commodity Code(s): 9885250000, 9885249011

Location Where Work Will Be Performed: Richmond District

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Cheryl Lewis

Email: Cheryl.Lewis@vdot.virginia.gov

Phone: (804) 524-6030

NOTE TO BIDDERS

Prebid Conference: An Optional Virtual Pre-Bid Conference will be held at 10:00 AM Eastern Standard Time (EST) on January 29, 2024.

Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 10:00 AM EST on February 8, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 10:00 AM EST on February 8, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Be sure to read and follow all instructions in the solicitation. Make certain bid pricing is not unbalanced.

2. Ensure all bid documents are completed and fillable attachments are uploaded with the bid submission. Bid documents and fillable attachments include, but may not be limited to:

3. VA STATE CORPORATION COMMISSION FORM

4. SMALL BUSINESS SUBCONTRACTING PLAN: A Small Business Subcontracting Plan (SBSP) is required for the bid to be considered responsive if the Bidder is not certified as a small business by the Department of Small Business and Supplier

Diversity at the time of bid closing. Submit the SBSP on the included Attachment and provide plan value as a percentage not dollar value. See instructions under I. PURPOSE and Special Term and Condition: SBSP, Evidence of Compliance and

Subcontractor Reporting.

5. SUBCONTRACTOR APPROVAL REQUEST

6. NORMAL AND EMERGENCY CONTACTS

7. REFERENCES

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.f 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.

Plant Bed Maintenance

Administrative Services Division

Invitation for Bids IFB # 158631

Plant Bed Maintenance

TABLE OF CONTENTS

PAGE #

I. Purpose 1

II. Questions Regarding This Invitation For Bid 2

III. General Definitions 3

IV. Specifications/Contract Requirements 4

V. Pre-Bid Teleconference 5

VI. Method for Payment 6

VII. Invoicing 7

VIII. Bidders Instructions and Public Bid Opening 8

IX. General Terms and Conditions 9

X. Special Terms and Conditions 10

ATTACHMENTS

A. Virginia Code Red Ozone Days

B. Prevailing Wage Rate Determination(s)

C. VA State Corporation Commission

D. Subcontractor Approval Request

E. Normal and Emergency Contacts

F. Small Business Subcontracting Plan (SBSP)

G. References (If Necessary)

H. Contractor License Requirements (If Necessary)

I. Name of manufacturer and Shipping Point (If Necessary)

G. References

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

Plant Bed Maintenance

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide the necessary equipment, personnel, supervision, materials and traffic control to perform general plant bed maintenance and mulching of plant beds and tree rings within the VDOT’s Right-Of-Way, for the Richmond District

Roadside Development Section, along select routes or sections thereof. All routes are located within Chesterfield and

Powhatan Counties.

PERIOD OF CONTRACT: From date of award through December 31, 2024 (renewable)

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

(SBSP) Attachment F with the electronic bid response in eVA. Bidders selecting the “I Plan To 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 not a DSBSD-certified small business, the “I Plan To Use Subcontractors” box must be selected and the Bidder shall identify on the SPSP attachment the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Cheryl Lewis at Cheryl.Lewis@VDOT.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 5:00 PM EST on February 6, 2024.

III. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a 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 Bids 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. The contractor shall provide all supervision, labor, equipment, materials, fuel and traffic control in accordance with the 2011 edition of the Virginia Work Area Protection Manual with all revisions (VWAPM) and the current version of the Manual on Uniform Traffic Control Devices (MUTCD) and any other incidentals necessary to perform plant bed maintenance and/or mulching services per the requirements in this solicitation.

B. The Contractor shall be capable of commencing work within 10 calendar days after contract award and thereafter within 72 hours of notification by an authorized representative of VDOT’s Richmond District

Roadside Development Office.

C. All herbicides used in conjunction with this contract shall be supplied by the Contractor, labeled for Right-Of-

Way use, and approved by the VDOT Contract Administrator before being used on VDOT right-of-ways.

D. All required paperwork (i.e., Pesticide Application Reports) shall be completed prior to leaving each treated location and submitted to VDOT by 8:00am the following business day.

E. Contractor shall contact the VDOT Contract Administrator, or designee, 48-hours in advance of any planned work to provide a schedule of day’s work locations.

F. The Contractor shall be prohibited from working during periods of heavy fog, rain or other adverse weather conditions which create hazardous driving conditions and/or would diminish the effectiveness of the operation. VDOT reserves the right to delay or suspend contracted operations at any time for any reason.

G. The Contractor shall be responsible for the immediate cleanup of the work site upon completion of the work assignment. This shall include but is not limited to the removal and proper disposal of trash, vegetative

Plant Bed Maintenance waste, wood chips and dead plant material. Any and all fees incurred in association with the disposal of waste material shall be the responsibility of the contractor.

H. The Contractor shall be responsible for the restoration of all adjacent areas disturbed and/or damaged in the performance of work.

I. Scope of Work:

All plant beds are located in the median of the routes, except for: Genito Road near Charter Colony (beds are located on the shoulders); Route 10 at Cogbill Road (two plant beds are on either side); Huguenot Road at

Robious Road (within intersection); North Woolridge Road at Coalfield Road (within intersection); and Charter

Colony at Old Hundred Road (within intersection).

1. Plant Bed Maintenance:

a. The contractor shall maintain all plant beds and tree rings in a ninety percent (90%) weed free condition. All beds shall be kept free of basal sprouts, dead/dying plant material and trash from April

1, thru the third Thursday in November. This will require the Contractor to provide continual plant maintenance services at each location.

b. All work will be inspected periodically throughout the contract period. VDOT will inspect the third Thursday of May, July, September, and November.

c. Weeding:

All plant beds and tree rings shall be kept ninety percent (90%) free of undesirable vegetation (i.e.

broadleaf weeds, grasses). Weeding may be accomplished manually and/or with herbicides.

Manually removing weeds shall include the entire plant, to include the crown and roots. When using herbicides for post emergent weed control, the weeds must be dead or showing advanced signs of dying at the time of inspection. Any and all herbicides used in the performance of this contract must first be approved by the Contract Administrator. See Section J for requirements regarding pesticide licensing and certification.

d. Removal of Basal Sprouts:

All applicable plant material shall be kept free of basal sprout growth. Clean, flush cuts shall be made with an appropriate cutting tool (i.e. hand pruner, loppers) to remove all basal sprouts.

e. Crape Myrtle Canopy Raising:

Maintain mature Crape myrtles by pruning to keep 7 feet of vertical clearance between the ground and the canopy.

f. Shrubs and Groundcover:

i. Maintain plant materials in a healthy, growing condition by pruning to encourage natural growth forms for each species.

ii. Pruning shall be performed in appropriate season as not to remove or prevent fruit or bloom.

iii. Every effort shall be made to maintain the natural growth form for each plant species while also keeping them pruned behind the curb or edge of pavement where no curb exists.

iv. No Scalping (removal of all leafy vegetation from one or more sides) of plants shall be permitted.

Unless necessary to keep vegetation out of roadway or to provide proper site distance allowances and only after authorization from the VDOT Contract Administrator.

g. Trash Pickup/Disposal:

All trash to include dead and damaged plant material shall be removed from plant beds and tree rings at each event. All vegetative waste generated by the performance of this work shall be removed from the site. All trash and vegetative waste shall be disposed of properly in accordance with local, State, and Federal regulations, at the contractor’s expense.

h. Trimming/String Trimming: Contractor shall string-trim grass low to the ground a width of one (1) foot around outer edge of ornamental trees rings.

2. Mulching:

a. Mulching shall only be performed when requested by VDOT.

b. Mulching will typically be scheduled during winter months, outside the growing season.

Plant Bed Maintenance

c. Routes will not be mulched more than once every two years.

d. Mulch shall be applied to all ornamental trees, shrubs and ground covers. No volunteer trees shall be mulched.

e. Mulch shall be applied to a depth of 2 inches. When forming mulch tree rings, mulch shall not come in contact with the trunk.

f. Mulch rings around trees shall have a radius of three (3) feet measured as from trunk.

g. Mulch shall be applied to plant beds and extend two (2) feet beyond dripline of plant material.

h. No mulch shall remain on pavement or on top of curbing.

i. All weeds and trash shall be removed from plant beds before mulching.

J. PESTICIDE LICENSING AND CERTIFICATION:

1. Pesticide Business License:

a. The Contractor shall possess and maintain a current Virginia Pesticide Business License issued by the Virginia Department of Agriculture and Consumer Services (VDACS) as required by the

Virginia Pesticide Control Act (Title 3.1, Chapter 14.1, Section 3.1-249 of the Code of Virginia) and in accordance with rules and regulations set forth by the VDACS Pesticide Control Board (VR

115-04-22 & 23).

2. Pesticide Applicator Certification/Experience:

a. The Contractor shall ensure that all personnel designated to open, pour, mix or apply any pesticide and/or adjuvant during the performance of work under this contract shall possess a current

Commercial (For Hire) Pesticide Applicator Certification valid for Category 6 (Right-of- Way Pest

Control) issued by the Virginia Department of Agriculture and Consumer Services (VDACS).

NOTE: Registered Technicians cannot open, pour, mix or apply any pesticide and/or adjuvant during the performance of work under this contract.

b. The Contractor shall provide, prior to award, a photocopy of the firms’ Virginia Pesticide

Business License along with a photocopy of the Pesticide Applicator Certificate for each applicator that will perform work under this contract.

c. The applicator shall have a minimum of one (1) year experience of verifiable full-time employment as a Commercial Applicator for Hire and shall have a demonstrable knowledge of all system controls and the ability to accurately mix one or more chemicals to ensure the correct water/chemical ratio.

d. All herbicides used in conjunction with this contract shall be supplied by the Contractor, labeled for Right-Of- Way use and approved by the VDOT Contract Administrator before they can be used on VDOT right-of-ways.

K. EQUIPMENT:

1. All vehicles/ equipment shall be equipped with a minimum of one High Intensity Amber Warning

Light mounted as to be viewed 360 degrees.

2. The contractor’s business name shall be displayed on both sides of all self-propelled vehicles when used during the performance of work. The name should be legible to passing motorists.

3. The Contractor shall provide one cellular telephone capable of operating throughout the Metro- Richmond area which is to be carried by the crew leader at all times when on duty.

4. The Contractor shall provide the necessary means for transporting all required equipment, personnel, traffic control and materials to the various work sites / assignments.

L. PERSONNEL:

1. The crew leader shall possess a general knowledge of horticulture and have practical experience in landscape maintenance. The crew leader shall possess the ability to identify plant material and to demonstrate proper pruning techniques.

Plant Bed Maintenance

2. The crew leader shall be capable of effective verbal communication with VDOT staff and all crew members.

3. All crew members shall possess the knowledge, skills, and abilities to perform work assignments as directed by the crew leader.

4. Any crew member(s) designated to operate a motor vehicle used in the performance of work under this contract shall possess a valid driver’s license issued by the state in which they reside. The contractor shall comply with all applicable licensing and registration requirements in accordance with Virginia Department of Motor Vehicles rules and regulations.

5. Contractor’s and subcontractor’s personnel shall be appropriately dressed for the anticipated weather conditions of the day. At a minimum, all personnel shall wear long pants, a shirt with sleeves, and safety shoes that meet specifications set forth in the American Standards Institute’s standard for Safety-Toe

Footwear, ANSI-Z41 for Class 75 Safety Shoe. Safety shoes shall be a minimum of 6 inches in height and have a slip resistant sole and heel.

6. The Contractor shall ensure that all personnel are outfitted with the necessary personal protective wear, such as gloves, goggles, chaps, safety vest, and hard hat. Personal protective wear shall be in accordance with the most current edition of the Virginia Work Area Protection Manual with all revisions, and meet all applicable OSHA/VOSHA specifications. Safety vests and hard hats shall be worn by contractor’s and subcontractor’s personnel at all times when on duty outside of any vehicle.

7. All work performed under this contract shall be done in a professional manner according to

VDOT specifications and standard industry practices.

M. TRAFFIC CONTROL:

1. The Contractor shall provide all required traffic control devices to include, but not limited to traffic control signs, sign stands, cones, a shadow vehicle with Truck-Mounted Attenuator (TMA) and all accessories in accordance with specifications of the latest version Virginia Work Area Protection Manual (VWAPM) with all revisions and the current version Manual of Uniform Traffic Control Devices, (MUTCD) as revised.

2. The Contractor shall be responsible for the proper installation of all required traffic control devices prior to commencing work at an assigned job site and removal of same at the end of each scheduled workday.

N. Lane Closure Advisory Management System and VA511:

1. The Contractor will be required to comply with VDOT Lane Closure Advisory & Management System

(LCAMS) and VA511 requirements. Training and data entry will be the responsibility of the Contractor for roadways that require lane closure notifications. Currently, LCAMS is only applicable to Limited

Access routes. VDOT reserves the right to include additional routes as it deems appropriate. The Contractor shall have a minimum of two (2) individuals trained to input lane closures into the LCAMS and VA511 systems. Training shall be completed within thirty (30) calendar days of issuance of Notice to Award.

Further information regarding training opportunities may be obtained by contacting sharod.taylor@vdot.virginia.gov. (804-609-5338). There will be no separate pay item for the training.

2. The Contractor shall input planned work zones for the upcoming week(s) into the LCAMS system by 8am

Thursday, of each week. Traffic Operations (TOC) will verify all LCAMS entries by close of business

Thursday.

3. The Contractor shall input planned work zones for the upcoming week(s) into the VA511 system by noon

Friday, of each week.

4. Transportation Operations Centers: The Contractor shall immediately provide notification to the

Richmond Transportation Operations Center at 804-796-4520 for any accident that occurs within the work zone or for any personal injury which requires off-site medical attention (notification shall also be immediately made to the Contract Monitor).The Transportation Operations Centers will request the following information from the Contractor: Route, county, location (termini), lane impacted (EBL, SBL, etc.), and cell phone number. Failure to provide notification to the Transportation Operations Centers may be cause for default action or contract termination.

Plant Bed Maintenance

5. The Contractor shall be responsible for directly contacting VDOT Traffic Operation Center at 804-796-

4520 for the purpose of keeping them informed of all Temporary Traffic Control Work Zone to include notification of installation, take down and changes to the location, duration or configuration.

O. MATERIALS:

1. All materials used in the performance of work under this contract shall be in accordance with the Virginia

Department of Transportation 2020 Road and Bridge Specifications, Section 244 and 2016 Road and

Bridge Standards Vol. II Section 1200, unless otherwise specified within this contract.

2. Mulch –

Contractor supplied mulch shall be double shredded hardwood mulch free from trash, sticks, rocks, dirt clogs, detrimental insects and any material toxic to plant growth. Mulch shall be uniform in size and brown color. The Contractor shall provide VDOT with a representative sample of mulch for analysis and approval prior to any mulch arriving at the job site. If there is a change in the source of supply, the contractor shall provide VDOT with another sample for analysis and approval.

3. Pesticides-

a. Pesticides shall be stored and used directly from their original containers and fully labeled as provided by the manufacturer.

b. The Contractor shall be responsible for the proper disposal of all pesticide containers in accordance with the manufacturer’s label and all applicable Federal and State regulations.

c. When work performed under this contract requires the application of pesticide(s), the Contractor shall have available a copy of all applicable labels and Material Safety Data Sheets (MSDS) or

Safety Data Sheets (SDS) within the work zone.

4. The Contractor shall be responsible for the proper disposal of all packaging used in the shipment and storage of materials to include, but not limited to paper bags, plastic bags, plastic wrap and pesticide containers. Discarded packaging and general refuse shall be handled and disposed of in accordance with all local, State, and Federal laws. State leased refuse containers shall not be utilized by the contractor.

5. The Contractor shall be responsible for having secured all equipment and materials on their vehicles when in transit during work hours.

P. STORAGE OF EQUIPMENT AND MATERIALS:

1. The Contractor will be permitted to park vehicles and equipment overnight, on weekends, and on observed

State holidays which are regularly used to carry out work under this contract, within the fenced parking area adjacent to the Roadside Development Office.

2. The Virginia Department of Transportation shall not be liable for any missing, stolen or damaged equipment and materials supplied by the Contractor.

3. The Contractor shall be responsible for any physical damage, material spills or leaks in the assigned parking area. All vehicles are required to be in good operational condition and the assigned parking area shall remain free of any trash, oils, grease, fuels or material spillage.

4. Any exterior containers shall be stored properly, secured and isolated from contact with stormwater.

V. PRE-BID CONFERENCE: An optional virtual prebid conference will be hosted by the Contract Officer at 10:00 AM EST on

January 29, 2024. 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.

Plant Bed Maintenance

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

This Microsoft Teams Virtual Meeting conference can be accessed with the below information:

Join on your computer, mobile app or room device Click here to join the meeting

Meeting ID: 227 415 178 19

Passcode: 4tukc9

Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065,,617510824# United States, Lynchburg

Phone Conference ID: 617 510 824#

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

1. VDOT will inspect within seven (7) business days of notification from contractor of completion any routes mulched and VDOT will inspect plant beds the third Thursday of May, July, September, and

November.

2. Payment for Plant Bed Maintenance shall be paid to Contractor at 25% of the as bid lump sum cost per route upon satisfactory completion of each inspection period. (ex. May, July, Sept. Nov.). The lump sum payment per route shall include all equipment, personnel, supervision, work area protection

(traffic control), materials and necessary operating costs. Operating costs shall include, but are not limited to fuel, highway tolls, and telephone calls.

3. Payment for mulching, shall be paid to Contractor based on the as bid lump sum price per route upon completion. The lump sum payment per route shall include all equipment, personnel, supervision, work area protection (traffic control), materials and necessary operating costs. Operating costs shall include, but are not limited to fuel, highway tolls, and telephone calls.

4. The VDOT Contract Administrator will inspect each route on designated days. Invoices will be approved for payment only after the Contract Administrator has deemed the work to be complete and satisfactory in accordance with the contract provisions and specifications.

5. At the time of inspection, any routes or sections thereof for either plant bed maintenance or mulching found not meeting the standard of performance and /or specifications as described herein, the Contractor shall be advised in writing of those areas and shall have seven (7) business days after notification to correct any incomplete or substandard work. No payment for incomplete or substandard work will be made.

6. Failure to correct any incomplete or substandard work within the specified time frame will result in the issuance of a Procurement Complaint Form and possible default of the contract.

7. No payment shall be made for charges of work or materials, which have not been specified under this contract or authorized for by the VDOT Contract Administrator.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjRlMGRiNjUtZWI3My00MTViLWJmY2MtMGZlN2Y5NzAyMDRi%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22ccefe87b-f31b-4e66-b993-18dc38a93dd4%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,617510824# mailto:edi@doa.virginia.gov

Plant Bed Maintenance

8. The invoice for general plant bed maintenance, weeding, removal of basal sprouts and trash pickup/ disposal, shall include the following information.

a. Contract ID #

b. Purchase Order #

c. Unit Price /Extended Price

d. Line Item Location.

e. Billing Period i.e. May, July, September or November

9. The invoice for applying mulch shall include all of the following information:

a. Contract ID #

b. Purchase Order #

c. Unit Price /Extended Price

d. Line Item Location

VII. INVOICING:

Invoices may be submitted upon satisfactory completion of each inspection period to the address as listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by a VDOT Representative and Contractor Foreman on an agreeable format.

Virginia Department of Transportation

Roadside Development Section

2430 Pine Forest Drive

Colonial Heights, VA 23834

VIII. BIDDER’S INSTRUCTIONS and PUBLIC BID OPENING

1. 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 learn how to submit an online bid in eVA please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at:

https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly complete d, 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.

2. PUBLIC BID OPENING:

Bids will be opened at the time stated on the electronic posting and the reminders page of this solicitation, and their contents per the

Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A virtual public bid opening will be hosted by a VDOT representative at 10:00 AM EST on February 8, 2024.

Join the Microsoft Teams virtual meeting on your computer, mobile app or room device.

Join on your computer, mobile app or room device Click here to join the meeting https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGE3NzU3MzMtNjRlNC00ZTQyLTg3MDMtZDRmYjFmNDVhNzM2%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22ccefe87b-f31b-4e66-b993-18dc38a93dd4%22%7d

Plant Bed Maintenance

Meeting ID: 221 469 879 374

Passcode: cLa4PQ

Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065,,321972008#

Phone Conference ID: 321 972 008#

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 individual name, company name 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”.

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.

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Plant Bed Maintenance

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

Plant Bed Maintenance 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 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 VENDORS MANUAL, APPLICABLE LAWS AND

COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT

OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General

Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

Plant Bed Maintenance

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor.

Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing

Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the

Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of

Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired.