158786IFB.pdf

Administrative Services/Procurement Tree Pruning Services by Route Lynchburg District

IFB-158786

INVITATION FOR BIDS IFB# 158786

Issue Date: March 25, 2023 Title: Planned Tree Trimming Services by Route Commodity Code(s): 98888 Location Where Work Will Be Performed: Lynchburg District

Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Contract Officer: Nasir Chhipa Email: nasir.chhipa@vdot.virginia.gov Phone: 804-643-1451

NOTE TO BIDDERS

Virtual Pre-Bid Teleconference: An Optional Pre-Bid Teleconference will be held at 10:00 AM EST April 5, 2024. Refer to Solicitation Section VI. for instructions on how to participate.

Solicitation Closing Date and Time: 11:00 AM EST on April 17, 2024. Refer to Solicitation Section IX.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 11:30 PM EST on April 17, 2024. Refer to Solicitation Section IX.2 for instructions on how to participate.

REMINDERS

1. Make certain bids are not unbalanced in accordance with Special Term for “Unbalanced Bids”

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

3. VA STATE CORPORATION COMMISSION

4. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT (if applicable)

5. NORMAL AND EMERGENCY CONTRACTS

6. REFERENCES

7. SUBCONTRACTOR APPROVAL REQUEST (if applicable)

8. OTHER INSTRUCTIONS TO BIDDERS: Be sure to read and follow any other instructions in the solicitation

9. 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 Special Term and Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

mailto:nasir.chhipa@vdot.virginia.gov

Administrative Services/Procurement

Lynchburg District

IFB-158786

Administrative Services Division

Invitation for Bid (IFB) – Planned Tree Trimming Services by Route

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.

TABLE OF CONTENTS Page I. Purpose 3

II. Questions Regarding This Invitation For Bid 3 III. General 3 IV. Definitions 3 V. Specifications/Contract Requirements 4-8

VI. Pre-Bid Conference 8 VII. Method for Payment 8-9

VIII. Invoicing 9 IX. Bidders Instructions 9-10 X. General Terms and Conditions 10-16

XI. Special Terms and Conditions 16-25 Attachments:

A. VA State Corporation Commission Form B. Normal and Emergency Contacts C. Subcontractor Approval Request D. Virginia Code Red Ozone Days E. Provisions

F. DISTRICT SPECIFIC

G. Guide for Line of Sight Clearance H. Guide for Vertical/Horizontal Clearance I. Permitted Lane Closure Restrictions J. References K. Small Business Subcontracting Plan

L. PRICING SCHEDULE, ROADWAY MATRIX AND REQUIREMENTS

M. Prevailing Wage Rate

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

Administrative Services/Procurement Page 3

I. PURPOSE:

The Virginia Department of Transportation herein referred to as “VDOT” is soliciting bids from interested firms to perform performance-based, planned by route tree pruning services, limited tree removal services in accordance of the performance specifications herein, within the Lynchburg District along highway rights-of-way within Appomattox, Buckingham, Campbell, Cumberland, Halifax and Prince Edward counties.

Awards will be made on a Grand Total basis. Lines are identified as follows:

Line 1: Fiscal Year 2025 as identified in attachment-L Line 2: Fiscal Year 2026 as identified in attachment-L Line 3: Fiscal Year 2027 as identified in attachment-L

PERIOD OF CONTRACT: From date of award (start date 6/10/2024) through 6/20/2027 (non-renewable)

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

If the Bidder is the not a DSBSD-certified small business, the “Vendor Plans to Use Subcontractors” box must be selected and the Bidder shall identify the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods. Reference Special Term and Condition# 29.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be submitted in writing to nasir.chhipa@vdot.virginia.gov no later than 5 business days, prior to the closing date. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

III. GENERAL:

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. DEFINITIONS:

1. Diameter Breast Height (DBH) is the diameter of the trunk or trunks of a tree measured at 4.5 feet above mean ground level at the base of the trunk or trunks. Instances where there is a dispute concerning a measurement due to a tree’s excessive lean, location on a slope or having multiple leaders the method of measurement used shall be in accordance with the most recent version of the International Society of Arboriculture (ISA) Guide for Plant Appraisal.

2. Brush – All woody vegetation less than two (2) inches in diameter to be measured at ground level.

3. Tree – All woody vegetation equal to or greater than two (2) inches in diameter to be measured at ground level.

4. Vertical Clearance – The minimum height of pruning cuts measured from the highest point of travel-way/road or otherwise identified.

5. Horizontal Clearance – the minimum parameters established for brush, small tree, and branch removal.

6. Tree Pruning – The selective removal of tree parts to meet specific goals and objectives (as defined per ANSI A-300).

mailto:nasir.chhipa@vdot.virginia.gov

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7. Tree Removal – Tree removal of trees from two (2) inches at ground level to six (6) inches at DBH.

8. Emergency Work – Immediate response required – not a component of this IFB.

9. Planned – Work specifically identified in this IFB.

10. Unplanned – Work identified after the award of this IFB

11. Shoulder Mile – Measured length along one side of the edge of travel-way.

12. Satisfactorily Completed – All work has been completed by the Contractor in accordance with the specifications herein.

This includes inspection by VDOT, rework (if required by the Contractor) and validation by VDOT.

V. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: The Contractor shall furnish all supervision, labor, equipment, fuel, and traffic control, to include all equipment and flaggers as required per the most recent version of the Virginia Work Area Protection Manual (VWAPM) and any other incidentals necessary to meet the requirements stated within. The work shall consist of tree pruning, small tree removal and disposal of all generated debris. The Contractor shall be capable of commencing work within ten (10) calendar days of award of this IFB.

B. PERFORMANCE BASED SPECIFICATIONS:

1. All work shall be performed in accordance with the current versions of the ANSI A300 Pruning Standard, ANSI Z133.1 Safety Standard, and Best Management Practices - Tree Pruning (companion publication to the ANSI A300 Pruning Standard), Virginia Tree Policy and Safety Operation Procedures 16VAC25-73-10, 16VAC25-75-10 and the most current version of the Road and Bridge Specifications. The contractor shall follow all regulations, standards, and procedures in accordance with the Administrative Regulation Manual part III, Occupational Safety and Health Standards 1910.266, 16VAC25-60-120 and 16VAC25-60-130 of the Virginia Department of Labor and Industry and the OSHA Standards for General Industry Part 191.67(2)(viii).

2. Vertical clearance (Y) shall be achieved through removal of all overhanging tree branches to achieve a clearance as specified in Attachment. for additional information.

3. Horizontal clearance (X) shall be achieved through the removal of small trees, and pruning of trees along the horizontal plane from the point of reference to the width/depth, as identified within Attachment.

4. Remaining canopy and overhanging limbs shall be inspected and all dead, diseased, broken and defective branches (at any height) greater than four (4) inches in diameter (measured at the base of the branch) shall be removed.

5. All work shall be performed within VDOT maintained right-of-way or as specified in Attachment E. No work shall be performed on the adjacent private property without VDOT obtaining the property owner’s written permission prior to the work being done. Documentation of such permission shall consist of a VDOT Right of Entry Form signed by the adjacent private property owner(s). In those instances, where the property owner (s) will not authorize access to the private property, pruning must not extend beyond VDOT’S right-of-way. It is understood that there may be instances where proper cuts may not be possible in order to remain on VDOT property.

6. Trimming operations and associated clean up shall be completed daily, unless otherwise stated. Any requests for make-up days as a result of inclement weather or other restrictions beyond the contractors control must be requested and approved by the CA in advance.

7. Routes identified for services will have dead, diseased, defective or invasive trees identified up to six (6) inches

DBH removed from the Right of Way within the identified service areas.

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8. All signs, except for Integrated Directional Signage Program (IDSP), shall be Line-of-Sight cleared, per Attachment G. See: http://www.vdot.virginia.gov/programs/sign-default.asp

C. EQUIPMENT:

1. The Contractor shall provide all necessary equipment and tools of the trade to perform tree pruning services to include trucks, bucket trucks, brush chippers, chain saws, pole saws, hand tools, climbers etc.

2. All equipment may be inspected by VDOT prior to beginning of work.

3. The Contractor shall furnish the necessary means for transporting all required equipment, personnel, materials and traffic control to all identified locations.

4. The Contractor shall be required to provide all necessary equipment (per the VA Work Area Protection Manual

(VWAP) to include a Truck-Mounted Attenuator (TMA) and Advanced Warning Message Board.

5. Nighttime Work: The Contractor shall be capable of performing work overnight in accordance with the requirements for night-time work as mandated in the VAWAPM, OSHA Standards, and the Virginia Department of Labor and Industry Unique Standards and Administrative Regulations Manual.

a. Any work during overnight periods shall include the use of lighting, signage, PPE and other required incidentals specifically designated for night-time use.

b. Contractor shall coordinate all night time work with Traffic Operations Manager, or designee, prior to executing night work. VDOT will provide the point of contact for scheduling night work. Any work during overnight periods shall be in conjunction with the allowable lane closure hours.

c. All parties involved shall agree upon work times: Contractor, District Roadside Manager, District Maintenance Engineer, and the Regional Traffic Operations Manager.

d. Proper scene lighting shall be placed with consideration as to how it will impact traffic and shall not create an unsafe condition for the traveling public.

6. Traffic Control:

a. All traffic control shall conform to the latest edition of the Manual on Uniform Traffic Control Device Standards (MUTCD), latest edition of Virginia Work Area Protection Manual (WAPM), and VDOT IIM-TE-386.1

b. PORTABLE TEMPORARY RUMBLE STRIPS: This work may consist of employing Portable Temporary

Rumble Strips (PTRS) in support of work-zone flagging operations at locations or times designated herein, in the WAPM, VDOT IIM-TE-386.1 , or as directed by VDOT representative. IIM-TE-386.1 provides additional requirements and guidance beyond what is shown in the Virginia Work Area Protection Manual (VWAPM) for flagging operations on two-lane roadways. Contractor shall only use Portable Temporary Rumble Strips (PTRS) that are listed on the most current VIRGINIA DOT Pre-Approved Traffic Control Device Listing.

Currently there is only one approved product:

c. Cost of Portable Temporary Rumble Strips shall be included in the unit price bid.

d. The Contractor shall be required to provide the appropriate signs and spring-loaded type sign stands meeting

NHRP 350 requirements and capable of holding a 48” inch sign. It shall be the responsibility of the Contractor to transport, properly set up, and break down all traffic control devices. The contractor shall install and maintain signs in accordance with the most recent edition of the VWAPM and MUTCD, as revised or amended. Signs and outlays layouts shall be in place prior to the performance of any work. The Contractor shall supply all traffic cones and traffic-related channelizing devices. Contractor shall provide two-way radios for traffic control when applicable.

http://www.vdot.virginia.gov/programs/sign-default.asp http://www.virginiadot.org/business/resources/IIM/TE-386_USE_OF_PTRS.pdf http://www.virginiadot.org/Business/resources/Wrk_zone/2011_WAPM_Rev_1.pdf

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e. The contractor shall provide, transport, erect and maintain and dismantle adequate traffic control work zone signs and or temporary barriers to delineate work areas when required and the price quoted shall include these costs.

D. PERSONNEL:

1. International Society of Arboriculture (ISA) Certified Arborist: For the term of the contract, the Contractor shall employ (on staff) or engage (on contract), Arborist who is currently certified by the ISA and will represent the Contractor. The Arborist must be available to meet with a VDOT representative, as mutually agreed, to consult at any time during the term of the contract. The Arborist shall be available to meet on site and within 24 hours of notification by the Contract Administrator for dispute or performance resolution and shall provide the necessary guidance to the Contractor to ensure work product is performed in accordance with the contract. Bidder shall provide a copy of the Arborist’s current certification along with their bid or be capable of providing within 48 hours of request. The Contractor will be required to maintain on file with VDOT Arborist current certification for the duration of the contract.

2. Contractor’s Capacity to Perform: The Contractor shall be responsible for having sufficient and adequately qualified personnel and equipment available throughout the contract period to perform the services.

3. Contractor’s Personnel: The Contractor shall be responsible for the conduct of all Contractor’s and

Subcontractor’s personnel while at the work site. The Contractor’s and Subcontractor’s personnel shall at all times communicate with the traveling public, landowners and citizens throughout the District in a courteous and respectful manner. The Contractor’s personnel shall refer all public questions concerning work planned, performed or promised to the Contract Administrator/Contract Monitor (CA/CM).

4. Contact Person: The Contractor shall assign an individual as the Supervision Representative whose name and cellular phone number shall be required prior to commencement of any work activities. The cellular telephone shall be capable of operating throughout the area covered under this contract and be able to communicate effectively with Contract Administrator.

5. Supervision: The Supervision Representative shall be responsible for assigning and coordinating work, notifying the CA/CM of crew locations on a daily basis, processing daily/weekly reports, (as necessary) and general contract performance issues and have the ability to meet with VDOT representatives on site as needed. All costs incurred for the Contractor’s Supervision Representative to review future work assignments with VDOT shall be the sole responsibility of the Contractor.

6. Flagging Certification: The Contractor shall ensure that any member of the crew to be utilized as a “flagger” shall be certified in the VDOT Flagging Certification Program or the American Traffic Safety Services Association (ATSSA) Flagger Certification Program and maintain a valid certification throughout the contract period. The VDOT or ATSSA flagging certification card must be in their possession at all times. Flagger’s found not in possession of a Certification card or performing their duties improperly shall not be allowed to perform work and the operation will be shut down. VDOT will inspect on a regular basis to ensure that flaggers have their Certification cards. Additionally, any crewmember that is used as a flagger shall be able to communicate to the traveling public in English while performing their job duty as a flagger at the flagger station as required in Section 6E.01 of the Virginia Work Area Protection Manual.

7. Herbicide Applicators: The application of pesticides along VDOT right of way is regulated by VDACS.

Application of pesticides on cut stumps under this contract, on VDOT right of way, shall be performed by performed by individuals certified and licensed by VDACS in either Category 6 (right of way) or Registered Technician (RT- Category 60). Applicators must have their card on them when applying pesticides.

8. Communication: The Contractor’s Supervision Representative and at least one (1) crewmember on each crew shall be capable of communicating (both verbally and in writing) and comprehending the English language.

Contractor’s Supervision Representative and the designated crewmember shall be capable of communicating instructions to the other crewmembers. The English used by this person must be understood by VDOT personnel.

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9. Appearance: Any person working under this contract shall be dressed appropriately at all times. Proper dress shall include long pants (slacks) and shirts or blouses with sleeves.

E. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. Delivery and Parking: There shall be no storage of vehicles, equipment or materials within VDOT property/right-of-way without specific written permission from the CA.

2. Work Hours: All work shall be performed Monday through Friday, excluding observed Virginia State holidays, during daylight hours and weather conditions permitting, unless otherwise approved by the CA. (Daylight light hours are defined as one-half hour after sunrise to one-half hour before sunset).

State Holidays include, but are not limited to, New Year’s Day, Lee-Jackson Day, Martin Luther King, Jr. Day, George Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. If any of these holidays occur on a Saturday, the preceding Friday shall be considered the holiday and if they occur on Sunday, the following Monday shall be considered the holiday. No work shall be performed on a primary route after noon on the Friday preceding an official Monday holiday or before noon on the following Tuesday.

3. Cleanup/Disposal: All debris generated in the performance of this contract is the responsibility of the Contractor and shall be removed from the right-of-way each day and properly disposed of by Contractor, unless otherwise allowed by the CA. Disposal costs shall be included in the bid prices. Debris shall be kept off the traveled portions and shoulders of the roadway, as work progresses.

4. Coordination and Notification of Work:

a. The Contractor shall notify the VDOT Contract Administrator via fax or email only no later than the close of business each Friday as to the expected work locations for the following week. The Contractor shall notify the VDOT Contact Administrator each day (before 8:00AM, unless otherwise directed) of actual work locations. The Contractor shall coordinate with the VDOT Contact Administrator to identify progress and locations. The Contractor is required to provide the VDOT Contact Administrator with a contact name and phone number for coordination/notification.

b. The Contractor shall notify the CA (via fax or email only) of all completed work each day.

c. The Department will then inspect and send confirmation of validation (via fax or email only) of completed work within five (5) business days of notification from Contractor. In the event the Department determines work is unfinished, or not in compliance with the stated Scope of Work, the Department will identify such work to the Contractor (via fax or email), and the Contractor shall rework or complete as required. The Contractor shall then resubmit notification when work is completed, for VDOT validation as stated above.

Contractor shall not invoice VDOT for work that it has not received written validation from VDOT that work is considered Satisfactorily Completed.

d. Lane Closure Advisory Management System: The Contractor will be required to comply with VDOT Lane

Closure Advisory & Management System (LCAMS). Training and data entry will be the responsibility of the Contractor for roadways that require lane closure notifications. Currently, this is only applicable to routes 29, 58 and 460. 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 system. 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 Jeremiah McKinney. There will be no separate pay item for the training.

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e. Transportation Operations Centers: The Contractor shall notify the Transportation Operations Center (TOC) for “VA Traffic” notification. The TOC Contact Number: 888-782-7982 or 540-375-0170.

Notifications to the TOC shall be made prior to 8:00 AM each day.

The Contractor shall immediately provide notification to the TOC 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 CA/CM). 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.

F. METHOD OF ORDERING WORK:

1. Any/all work shall only commence upon written notification (purchase order) from VDOT. One (1) purchase order will be issued per Lot award.

2. VDOT reserves the right to subtract routes at the rates identified in the Pricing Schedule Attachment L.

VI. PREBID CONFERENCE: An optional prebid teleconference will be hosted by the Contract Officer at 10:00 AM EST on April 5, 2024. The conference will begin promptly at the time indicated. At the start of the conference the Contract Officer will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their names, company and contact information during the roll call.

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

Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 258 739 506 004 Passcode: WtSCmm Download Teams | Join on the web Or call in (audio only) +1 434-230-0065,,672487157# United States, Lynchburg Phone Conference ID: 672 487 157#

VII. 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

VERIFICATION: The Contractor shall notify the VDOT Contract Administrator when the work has been completed and inspected by the Supervisor. Payment will not be made until the work is completed and inspected by Contract Administrator or designee.

COMPLIANCE: All deficiencies shall be corrected within 24 hours by the Contractor at the Contractor’s sole expense prior to the final acceptance of the work. VDOT may arrange for the corrective work to be accomplished by other https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjQ0Yzg0YzMtMTVjYi00NjQyLWI5ZjAtZjQ2MmYzNTFlYzcw%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22c0f3ee07-cd2a-4253-9019-5f4d4a65b112%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,672487157 mailto:eVACustomerCare@DGS.Virginia.gov mailto:edi@doa.virginia.gov

Administrative Services/Procurement Page 9 forces and reserves the right to deduct that portion from the amount due the Contractor. Any complaint as to quality, faulty or delinquent delivery, or violation of contract provisions will be reported to the VDOT Contract Officer with the use of a Procurement Compliant Form.

VIII. INVOICING:

Invoices shall be submitted bi-monthly 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. Work completed will be verified in writing by a VDOT Representative and Contractor on an agreeable format.

Virginia Department of Transportation 4219 Campbell Ave

Lynchburg, VA 24501

IX. BIDDER’S INSTRUCTIONS:

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:

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 11:30 PM EST on April 17, 2024

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: 271 272 660 890 Passcode: k9xyyy Download Teams | Join on the web Or call in (audio only) 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_NDQ5NjlhYmEtZGQ1Mi00NzQzLTk2NTgtZDcyMWMwMWRmOTU2%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22c0f3ee07-cd2a-4253-9019-5f4d4a65b112%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting

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+1 434-230-0065,,417622252# United States, Lynchburg Phone Conference ID: 417 622 252#

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.

X. 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.

tel:+14342300065,,417622252 http://www.eva.virginia.gov/

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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.

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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

Administrative Services/Procurement Page 13 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.

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

Administrative Services/Procurement Page 14 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 procure them 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: OMITTED.

R. USE OF BRAND NAMES: OMITTED.

S. TRANSPORTATION AND PACKAGING: OMITTED.

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and…