158672_SpecificationsTermsConditions.pdf

Administrative Services/Procurement Salem District Martinsville Residency Salt Pond Pumping & Disposal

IFB #158672

Salem District/Salem Residency

INVITATION FOR BIDS IFB #158672

Issue Date: February 14, 2024 Title: Salt Pond Pumping & Disposal Commodity Code(s): 92645 Location Where Work Will Be Performed: Martinsville

Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Contract Officer: Patty Harvey Email: Patty.Harvey@vdot.virginia.gov Phone: (540) 375-3570

NOTE TO BIDDERS

Pre-Bid Conference: An optional virtual Pre-Bid Conference will be held at 10:00 AM Eastern Standard Time (EST) on February 26, 2024. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 1:00 PM EST on March 7, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 1:30 PM EST on March 7, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Make certain bids are not unbalanced.

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

a. Vendor Qualification/Equipment Inventory Certification

b. Small Business Subcontracting Plan

c. VA State Corporation Commission Form

d. Normal and Emergency Contacts

e. Subcontractor Approval Request (if applicable)

f. References

g. Wastewater Treatment/Disposal Facility List

3. Other Instructions to Bidders: Be sure to read and follow any other instructions in the Solicitation and attach all fillable forms and addendums with your bid response.

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

Administrative Services Division

Invitation for Bid (IFB) – Salt Pond Pumping & Disposal

IFB # 158672

TABLE OF CONTENTS PAGE #

I. Purpose 2

II. Questions Regarding This Invitation For Bid 2

III. General Definitions 2

IV. Specifications/Contract Requirements 2

V. Pre-Bid Teleconference 9

VI. Method for Payment 9

VII. Invoicing 9

VIII. Bidders Instructions and Public Bid Opening 10

IX. General Terms and Conditions 10

X. Special Terms and Conditions 17

ATTACHMENTS

A. Vendor Qualification Equipment Inventory Certification Form B. Small Business Subcontracting Plan

C. VA State Corporation Commission Form

D. Normal and Emergency Contacts

E. Subcontractor Approval Request

F. References

G. Wastewater Treatment/Disposal Facility List

H. Virginia Code Red Days

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

I. PURPOSE:

The Virginia Department of Transportation, (herein referred to as "VDOT"), is soliciting sealed bids from qualified firm to provide equipment and labor to load, haul, discharge, and dispose of aqueous wastewater with high salt concentrations (salt pond water) and solid waste (sludge) from various locations. Services are to be provided on as-needed basis. Wastewater will be pumped from holding ponds located in the counties Henry, Patrick and Carroll in the Martinsville Residency.

PERIOD OF CONTRACT: One year from date of award with four (4) one-year optional renewal periods.

SITE VISIT: If you wish to review the site(s) prior to placing your bid, please contact David Hughes at david.hughes@vdot.virginia.gov or (276) 627-1502. Requests should be made by 4:00PM on March 1, 2024

Note to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting Plan (SBSP) with the electronic bid response in eVA. Bidders selecting “Vendor Will Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM Program.

If the Bidder is the not a DSBSD-certified small business, the “Vendor Plans to Use Subcontractors” box must be selected, and the Bidder shall identify the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods. Reference Special Term and Condition #27

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to patty.harvey@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 4:00 PM on March 4, 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:

BACKROUND: Holding Ponds located at Area Headquarters within the Martinsville Residency collect and hold sodium chloride contaminated water until proper disposal is arranged. Storm water run-off may also collect in these ponds daily depending on precipitation events. Ponds are generally made from asphalt and are located adjacent to salt storage buildings in order to prevent contamination of soils surrounding these lots. During winter and early spring months, the parts per thousand may be too high for disposal other than at an authorized wastewater treatment facility.

VDOT will perform the salinity testing on the pond when pumping is needed. This contract will include requests for pumping the wastewater and/or disposing of solid waste when the salinity reading is 0.5% or lower. If the salinity reading is higher than 0.5%, VDOT will make other arrangements and the pumping and disposal will not be a part of this contract.

A. SCOPE OF WORK:

1. Contractor shall provide all labor, supervision, equipment, and incidentals to load, haul, discharge, and dispose of aqueous wastewater with high salt concentrations (salt pond water) from various location within Martinsville Residency.

2. Contractor shall provide all labor, supervision, equipment, incidentals, etc., as necessary to remove and dispose of solid waste (sludge) from various locations within Martinsville Residency.

3. Contractor shall be capable of commencing work within one (1) week of award.

mailto:david.hughes@vdot.virginia.gov mailto:patty.harvey@vdot.virginia.gov

4. Contractor shall respond/ acknowledge service requests within 48 hours of receiving a written notification from

VDOT.

5. Service addresses for each location on the Holding Pond Locations.

6. Pond capacities rang from approximately 11,000 gallons to approximately 30,000 gallons.

7. Minimum Order will be 5,000 gallons.

8. During the prosecution of work, VDOT reserves the right to suspend the work in whole or in part due to the failure of the Contractor to correct conditions that are unsafe for the workers and/ or the public.

9. The contractor shall provide a continuous operation once at a site, processing multiple loads per day, until the assignment is complete.

Holding Pond Locations and Bill to Address:

BILL TO:

VDOT- Martinsville Residency 309 Weeping Willow Lane Bassett, Va. 24055 Attn: Ricky Heath

HENRY COUNTY

Carlisle AHQ 55 Jones Road Axton, Va. 24054 Contract Person: Chris Clark- 276-650-2238 10,472 Gallons

Horsepasture AHQ 15151 A.L. Philpott Hwy Ridgeway, Va. 24148 Contract Person: Brandon Boothe- 276-957-1023 Pond #1- 14,726 Gallons Pond #2· 8,415 Gallons

Martinsville AHQ 399 Weeping Willow Lane Basett, Va. 24055 Contract Person; David Hutchens- 276-629-2518 500 Gallons

PATRICK COUNTY

Fairystone AHQ 483 Fairystone Park Hwy.

Stuart, Va. 24171 Contact Person: Randy Dalton- 276-930-2241 7,363 Gallons

Veata AHQ 3390 State Shed Road Vesta, Va. 24177 Contact Person: Randy Dalton- 276-952-6656 11,037 Gallons

Patrick Springs AHQ 49 Shelton Farm Road

Stuart, Va. 24171 Contact Person: Doyle Eaton- 276-694-4193 9,114 Gallons

Peters Creek AHQ 390 Peters Creek Drive Stuart, Va. 24171 Contact Person: Doyle Eaton- 276-694-3412 8,220 Gallons

CARROLL COUNTY

Laurel AHQ 4171 Airport Road Hillsville, Va. 24373 Contact Person: Scott Hill- 276-728-2114 13,464 Gallons

Fancy Gap AHQ 150 State Shed Road Fancy Gap, 24328 (Rte. 777, 1.5 Mi. N. Rte. 52 and 148, 2.9 Mi. N. of Fancy Gap) Contact Person: Reggie Brown 276-728-2291 11,781 Gallons

Hillsville AHQ 239 Virgina Street Hillsville, Va. 24343 Contract Person: Paul Chappell- 276-728-7063 500 Gallons

B. SPECIFICATIONS & STANDARDS:

1. All work shall be performed following the direction given by the VDOT Area Headquarters Superintendent/Supervisor, Contract Manager, or designee.

2. All work performed shall be in conformance with the latest version of the Virginia Work Area Protection Manual

(VWAPM) and all revisions.

3. The Contractor’s equipment shall meet Occupational Safety & Health Administration (OSHA) and Virginia Occupational

Safety & Health (VOSH) Standards. The Contractor shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations.

4. Contractor shall be in full compliance with all applicable Federal Motor Carrier Safety Administration requirements, laws, and standards.

5. Contractor shall be in full compliance with all applicable Virginia Sate Inspection and Licensing requirements, laws, and standards.

6. The Contractor shall comply with all HAZMAT regulations associated with the hauling and disposal of aqueous wastewater and waste solids (sludge) with high salt concentrations as required by the U.S. Department of Transportation.

C. EQUIPMENT:

1. The Contractor shall possess, prior to award, and throughout the term of the contract, sufficient, up-to-date equipment to perform the work under described herein. Equipment shall be in good working order and capable of performing the described herein.

2. The Contractor shall not deliver, store, or park equipment within the VDOT Right-of-Way or VDOT property, unless approved by the VDOT Contract Administrator or designee. VDOT will not be responsible for damages to the Contractor’s equipment left at the work site.

3. The Contractor shall maintain and operate equipment designed for the operation(s) described herein and shall ensure the equipment is maintained in good repair and operating condition. If a breakdown occurs, the equipment must be in operable condition within four (4) hours, or a replacement piece of equipment shall arrive within four (4) hours, if it is deemed essential by VDOT. No payment for time shall be allowed for equipment breakdowns.

4. The Contractor, at their own expense, shall have equipment fueled and ready to begin operations prior to reporting to the work site.

5. When required by the equipment being operated, the operator of each piece of equipment shall possess a valid Commercial Driver’s License (CDL) with the proper endorsements.

6. The Contractor shall provide a commercial pump tanker truck with a hauling capacity of not less than 5,000 gallons.

7. The Contractor shall have the capacity to provide a minimum of two (2) truck-mounted jet/vacuum sewer cleaner with adequate number of operators to safely and effectively run the Jet-Vac and accomplish solid waste removal in the wastewater holding ponds. The jet/vacuum sewer cleaner shall be comparable to a Model 2100 Vactor and shall also have a minimum 1500-gallon water tank, 500 foot high pressure sewer cleaning hose, minimum of 2500 PSI water pump, 18 Hg vacuum system with various size sewer nozzles, a minimum twelve (12) cubic yard debris body and a water/vacuum system for solid waste (sludge) removal.

8. The Contractor shall have the capability to accurately meter the discharged water and provide manifests to VDOT of the gallons per discharge. The Contractor shall also be able to verify how many gallons are pumped from holding ponds prior to leaving the site and discharging at the wastewater treatment facility. The Contractor shall use a daily ticket that show the date and Area Headquarters of where the work was performed and shall be signed off by the Area Headquarters Superintendent.

9. The Contractor shall provide a commercial pump tanker truck with a hauling capacity of not less than 5,000 gallons. The Bidder shall be required to provide with their bid, the make, model, and capacity of each piece of equipment as listed on Attachment A - Vendor Qualification Equipment Inventory Certification form. The Contractor shall have the capability to supply up to two (2) pump trucks at one time, if required. A pre-award meeting may be conducted to inspect all equipment and verify personnel requirements. The Contractor shall provide any accessories that are necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools and safety supplies.

10. VDOT will, in its sole discretion, determine if the equipment offered by the Bidder meets the required specifications.

11. Contractor's equipment shall have either a metering device on the truck to show the amount loaded or a means for VDOT personnel to visually verify that the truck is empty upon arrival and to verify the load volume when loaded; float gauge, gauge window etc.

12. The Contractor's equipment shall contain and display all HAZMAT placards as may be required by the U.S. Department.

of Transportation.

D. PERSONNEL REQUIREMENTS:

1. The Contractor shall ensure that all personnel wear OSHA/VOSH approved safety equipment, including but not limited to hard hats, safety goggles, safety vest and steel toe shoes when outside the cab of any vehicle during performance of this contract.

2. The Contractor shall have an onsite person that understands and communicates the English language both verbally by the state in which they reside.

3. All personnel assigned to operate equipment utilized in the performance of this contract shall be properly licensed by the state in which they reside.

4. The Contractor shall immediately replace any operator that VDOT determines to be unqualified to operate assigned equipment.

5. Contractor’s Capacity to Perform: The Contractor shall ensure their capacity to perform work under this contract, regardless of other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the timeframe required herein. Contractor shall have the resources available to provide two (2) crews simultaneously.

6. Contractor’s Conduct: The Contractor shall be responsible for the conduct of all Contractor’s personnel and sub-contractor personnel while at the work site.

7. Coordination with State Forces: VDOT reserves the right to perform any type of work within the limits of the operations.

The Contractor shall cooperate with VDOT as necessary. VDOT shall have the right at all times to be advised, at its request, as to the status of work being done by the Contractor and of the details thereto.

8. Contractor’s Representative: The Contractor shall assign a person as their Contract Representative, who will have the authority to direct and execute work within the awarded contract.

9. The contractor shall conduct his or her work so as to ensure the least possible obstruction to traffic and shall provide for the safety and convenience of the general public and residents along the highway to protect persons and property. All employees shall wear hard hats, class 3 safety garments, and steel toe shoes that comply with all applicable VOSHA/OSHA, ANSI and VDOT safety regulations while working on State right-of-way. Workers will also be required to wear long pants and shirts with short sleeves as a minimum. All personnel shall have personal protective equipment such as safety shoes, class 3 flagging garments, safety glasses, etc. when necessary. Examples of clothing not considered appropriate include tank tops, shirts with no sleeves, shirts with cut out sleeves, shirts with sleeves rolled up to the shoulder, shorts, and class 3 flagging garments with no shirt.

E. SAFETY REQUIREMENTS:

a. Safety: The Contractor’s equipment and personnel shall meet all OSHA and VOSH safety requirements. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract.

b. Protection of Persons and Property: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor’s operation in connection with the work by ensuring all work/job areas are maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT’s property from injury or loss arising in connection with this Contract.

c. Authority to Suspend Work: During the execution of the work, the Contract Administrator, or designee, will have the authority to suspend the work fully or in part due to the failure of the Contractor to correct conditions unsafe for the workers and/or general public.

F. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. Satisfaction: All work shall be performed according to VDOT specifications and completed to the satisfaction of the VDOT Contract Administrator or designee.

2. Contractor shall check in with the location office prior to beginning work at each location. Once

3. Advertisements: No signs or advertisements shall be posted on VDOT’s property without prior written approval by the Contract Administrator.

4. PUMPING, HAULING, DISPOSAL OF WASTEWATER:

a. All wastewater collected, as a result of this contract shall be disposed of in accordance with all federal, state and local laws and regulations.

b. The Contractor shall provide VDOT the signed manifest form, with signature from a representative of the disposal facility, certifying the proper disposal of wastewater within all laws and regulations. The manifest shall show where the waste was discharged and the quantity of VDOT waste discharged. The completed manifest shall be submitted with each invoice before payment will be made.

c. Contractor shall be required to provide a clean tank during the performance of this service, to include clean hoses, attachments, and fittings.

d. Upon arrival at VDOT and prior to loading, the Contractor shall provide VDOT with certification that the tank has been cleaned. VDOT reserves the right to refuse any tank that does not have the proper certification and the Contractor shall not be compensated for time lost due to missing documentation.

Certification shall be in the form of a cleaning ticket issued by the tank cleaning facility, which at a minimum shows the following:

• Cleaning Date and Time

• Cleaning Facility

• Truck/ Tanker ID or license number

• Cleaning performed, i.e. Tank, hoses, fittings

• Prior product description

e. Unit of measure for the pumping of wastewater will be HOURS. Unit price shall include all costs to load, haul and discharge salt pond water from the Area Headquarters.

f. The Contractor will be paid a three (3) hour minimum of the unit price bid, when asked to provide this service.

g. The Contractor's billable time will begin upon arrival at the designated VDOT location and will end when the

Martinsville VDOT Representative release the Contractor upon competition of emptying the salt water. Billable hours will be recorded on an agreed upon format, either contractor's form or VDOT form may be used.

h. The Contractor’s billable gallons shall be determined by the disposal manifest which shall include the amount of wastewater discharged at the disposal site.

i. Handling of Collected Wastewater: All wastewater collected as a result of pumping operations shall be disposed of in accordance with all state and local laws and regulations. The Contractor shall provide a signed manifest form, with a signature from a representative of the disposal facility certifying the proper disposal of wastewater within all Federal, State and Local Law regulations for each load disposed of and invoiced for. The manifest must show where the wastewater was discharged, date of disposal and the total gallons per load. The completed manifests must be submitted with each invoice before payment will be made.

j. Disposal of Wastewater: Location of disposal site is the responsibility of the Contractor and any additional haul charges will be considered incidental to the contract and included in the bid item. All wastewater collected from the holding ponds shall be transported and discharged by the Contractor at an authorized wastewater treatment facility. It is the responsibility of the Contractor to ensure that maximum daily quantities of discharged water at each plant are not exceeded. In the case of exceeding these quantities, it shall be solely the Contractor’s responsibility for payment of any additional charges.

k. Disposal Site for Wastewater: Bidders shall identify the permitted wastewater treatment facility or facilities that will be utilized in disposal of chemical holding pond wastewater on ATTACHMENT G – Wastewater Treatment Facility List. The Contractor shall report in writing any changes in treatment facility/disposal site prior to commencing any pumping services to verify the site is an authorized wastewater treatment/disposal site. The Contractor shall notify the Contract Administrator in writing of any changes with the facilities prior to commencing any pumping services.

l. Wastewater Disposal Facility: The Contractor shall provide VDOT the signed manifest form, with signature from a representative of the disposal facility, certifying the proper disposal of wastewater and sludge within all laws and regulations. The manifest shall show where the waste was discharged and the quantity of VDOT waste that was discharged. The completed manifest shall be submitted with each invoice before payment will be made.

5. REMOVAL AND DISPOSAL OF SOLID WASTE (SLUDGE):

a. A separate bid pricing line has been provided for removal and disposal waste (sludge) from the sides and bottom of each pond at an hourly rate. The Contractor’s billable time will begin upon arrival at the designated VDOT location and will end when the Contractor’s crew checks out with the VDOT Area Headquarters representative.

b. Solid Waste (sludge) shall be removed using a jet-vac truck once wastewater removal operations have been completed.

c. Solid Waste may only need to be removed periodically, depending on frequency of snow removal operations and rainfall, not necessary after every wastewater removal operation. VDOT will request for this service to be performed when needed.

d. Time to travel from and to the work site will be allowed for payment up to one (1) hour per trip, Billable time shall only be for actively cleaning the sides and bottom of the salt pond. Excessive travel and unloading time may be deducted.

e. All testing costs for disposal shall be the responsibility of the Contractor.

f. Disposal of Solid Waste: Solid Waste shall be disposed of according to all state, local and federal regulations. Location of disposal site is the responsibility of the Contractor and any additional haul charges will be considered incidental to the contract and included in the bid item.

g. Disposal Fees: Contractor may submit charges for reimbursement of disposal fees when invoicing. Copies of

Manifests, Disposal tickets and invoice from disposal site must accompany Contractor’s invoice in or for payment to be made.

h. All testing costs for disposal shall be the responsibility of the Contractor and will not be billable separately to VDOT.

G. CONTRACTOR RESPONSIBILITES:

a. Upon receipt of written request, the Contractor shall contact the Area Headquarters where the salt pond is located to establish a time for loading the wastewater.

b. The Contractor shall arrive at the work site each time an empty tank and leave the site each time the tank filled.to capacity.

c. The Contractor shall be responsible for certifying to VDOT that the solution has properly of by means of signed load tickets/manifests provided by the disposal facility. Payment will not be made for invoices that do not include this documentation.

d. The Contractor shall comply with all HAZMAT regulations with the hauling and disposal of aqueous wastewater with high salt concentrations as required by the U.S. Department of Transportation.

1. NOTIFICATION: VDOT locations are not manned at all times throughout the day, upon receipt of written request, the Contractor shall contact the Area Headquarters at least 2 days prior to the date the contractor will be arriving to pump the wastewater and/or sludge, to ensure access to the location.

2. PERMITS: Contractor shall be responsible for obtaining any required permits to haul and dispose of the wastewater and solid wastes in Henry, Patrick, and Carroll counties, associated with this contract.

3. The Contractor shall arrive at the work site each time with an empty tank truck and leave the site each time with the pond emptied as requested or the tank filled to capacity.

4. The Contractor shall be responsible for certifying to VDOT that the solution has properly been disposed of by means of signed load tickets/manifests provided by the disposal facility. Payment will not be made for invoices that do not include this documentation.

5. Once the wastewater has been loaded onto the Contractor’s truck, the Contractor shall be responsible for its safe transport and disposal. Clean up shall be the Contractor’s responsibility should any spillage occur during transport.

6. QUALITY CONTROL-FINAL INSPECTION: At the completion of each assigned project, The Contractor shall demonstrate to the VDOT representative that the work is in compliance with the specifications set herein and any codes applicable. Any deficiencies shall be corrected by the Contractor at the Contractor’s sole expense within 48 hours and prior to final acceptance of the work. A final inspection result of “satisfactory” is required prior to billing for the work.

Final inspection results will be returned to the Contractor via the completed Work Order Form, signed by an authorized VDOT representative.

H. HOURS OF WORK:

Normal work hours for work performed under this contract shall be Monday – Friday, 7:00 AM - 3:30 PM, unless otherwise authorized by VDOT. Contractor may be asked to work on weekends in advance of forecasted inclement weather events.

Contractor shall not be required to work on observed State Holidays including New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day/Yorktown Victory Day, Election Day, Veteran's Day, Thanksgiving Day, Day After Thanksgiving and Christmas Day, unless otherwise approved, in writing, by the VDOT Contract Administrator or Designee.

I. METHOD OF ORDERING WORK:

1. VDOT will issue Purchase Orders at the time the work is requested. Purchase Orders may include more than one location.

Contractor shall not begin any work without acknowledging receipt of the Purchase Order, unless there is an immediate need due to an emergency. In case of an immediate need, due to an emergency, VDOT may request the work begin via email and a Purchase Order will be created within 24 hours of the request. Purchase Order numbers shall be included in all correspondence and on all invoices.

2. Contractor shall acknowledge receipt of the Purchase Order (PO) within 24 hours of the date of the PO. Work shall begin within five (5) business days of the date of the PO, unless otherwise agreed upon by the Contract Administrator, or designee.

3. Contractor’s Failure to Report: If the Contractor fails to commence work at the mutually agreed upon time, a Procurement

Complaint Form may be issued against the Contractor. It shall address the deficiency and corrective action needed. If corrective actions are not acquired by the deadline state in the cure letter. VDOT may have the work accomplished by another source and the Contractor may be held responsible for any resulting additional purchase and administrative costs in accordance with General Terms and Conditions Paragraph P.

J. BID LINES:

The quoted price for equipment shall include the equipment with operator and all associated including but not limited to profit, all direct and indirect coats, administrative costs, transportation of equipment to and from to and from assigned projects, property qualified personnel, and cellular phones, pagers, or hand-held radios. Equipment without operator not in use or not used will be billable. Prices quote shall remain firm for the contract period. Quantities below are based on ten (10) wastewater pumping and solid waste removals at Area headquarters in Henry, Patrick and Carroll Counties.

V. OPTIONAL VIRTUAL PRE-BID TELECONFERENCE:

A virtual optional prebid conference will be hosted by the Contract Officer at 10:00 AM on February 26, 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.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at this prebid conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this prebid conference. No one will be admitted to join the conference after 10:05 AM

EST.

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: 236 010 838 935 Passcode: LsGYrP Download Teams | Join on the web

Or call in (audio only)

+1 434-230-0065,,16680949# United States, Lynchburg Phone Conference ID: 166 809 49#

Line Item # Quantity UOM Description

1 9264560600 34,113 Gallons

Saltwater Holding Ponds- Pumping and Removing Wastewater- Henry County, to include Martinsville, Carlisle and Horsepasture

AHQ

2 9264560600 35,734 Gallons

Saltwater Holding Ponds, Pumping and Removing Wastewater-Patrick County, to include Fairystone Vesta, Patrick Springs and PeterCreek AHQ

3 9264560600 27,745 Gallons

Saltwater Holding Ponds, Pumping and Removing Wastewater- Carroll County- to include Laurel VFancy Gap and Hillsville AHQ

4 913812550 100 Hours

Solid Waste Removal from Holding ponds in Martinsville Residency AHQ in Henry, Patrick and Carroll County.

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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

VII. INVOICING:

Invoices shall be submitted weekly to the address and section 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. A VDOT Representative and Contractor Foreman will verify work completed in writing on an agreeable format.

Virginia Department of Transportation Martinsville Residency Attn: Ricky Heath 309 Weeping Willow Lane Bassett, Va. 24055

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

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 completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

mailto:eVACustomerCare@DGS.Virginia.gov mailto:edi@doa.virginia.gov mailto:Ricky.Heath@vdot.virginia.gov mailto:eVACustomerCare@DGS.Virginia.gov

Bids will be opened at the time stated on the reminders page of the electronic posting of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A public bid opening via teleconference will be hosted by a VDOT representative at 1:30PM EST on March 7, 2023. The conference can be accessed with the below dial-in information:

Join on your computer, mobile app or room device

Click here to join the meeting Meeting ID: 212 546 243 924 Passcode: KTrK6w Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065,,125160409# United States, Lynchburg Phone Conference ID: 125 160 409# Find a local number | Reset PIN

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

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

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

IX. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Sell to Virginia”.

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-https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWUyOThhODctZTk5Zi00ZDJhLWJkMGItZmNjZjQwMjllMGVm%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22a9141931-d4bc-4bb0-b77a-ad7cf39e29a4%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,125160409 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=125160409 https://dialin.teams.microsoft.com/usp/pstnconferencing http://www.eva.virginia.gov/

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 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.