158809 Scope of Work.pdf

Administrative Services/Procurement

Bristol District/Abingdon Residency

Spray Injection Pothole Patching Service

IFB # 158809

INVITATION FOR BIDS IFB# 158809

Issue Date: April 1, 2024

Title: Spray Injection Pothole Patching Service

Commodity Code(s):

Location Where Work Will Be Performed: Washington and Smyth Counties

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Chelsa Taylor

Email: Chelsa.Taylor@vdot.virginia.gov

Phone: (276) 696-3337

NOTE TO BIDDERS

Pre-Bid Conference: A Mandatory Pre-bid Conference will be held at 10:00 a.m. Eastern Daylight Time (EDT), on April 11, 2024. Refer to Solicitation Section V for instructions on how to participate.

Solicitation Closing Date and Time: 10:00 a.m. Eastern Daylight Time (EDT) on April 22, 2024. Refer to Solicitation Section

VIII.A for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 11:00 a.m. Eastern Daylight Time (EDT) on April 22, 2024. Refer to Solicitation

Section VIII.B for instructions on how to participate.

REMINDERS

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

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

• Virginia State Corporation Commission

• Normal and Emergency Contacts

• Subcontractor Approval Request (if applicable)

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

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

Compliance and Subcontractor Reporting.

4. Invoices generated as a result of the contract must be submitted to the address listed in the specifications.

5. Ensure prices are correct. In case of an error, the unit price will govern. Contact eVA Customer Care for assistance in modifying a bid, if needed.

6. Any addenda issued for this solicitation must be signed and uploaded with the bid submission.

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.

Bristol District/Abingdon Residency

Spray Injection Patching Service

Administrative Services Division

Bristol District/Abingdon Residency

Invitation for Bids IFB # 158809

Spray Injection Pothole Patching Service

TABLE OF CONTENTS

Page

I. Purpose 2

II. Questions Regarding This Invitation For Bid 2

III. General 2

IV. Specifications/Contract Requirements 2

V. Pre-Bid Conference 8

VI. Method For Payment 9

VII. Invoicing 10

VIII. Bidders Instructions 10

IX. General Terms and Conditions 11

X. Special Terms and Conditions 18

Attachments:

A – Virginia State Corporation Commission Form

B – Normal and Emergency Contacts

C – Small Business Subcontracting Plan (SBSP)

D – Subcontractor Approval Request Form

E – Prevailing Wage Rates

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

Bristol District/Abingdon Residency

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide all equipment, labor, materials, and incidentals necessary to provide self-contained, mobile pothole patching services on an on-call, as needed basis on Primary, Secondary, and Residential roadways located in Washington and

Smyth Counties of the Abingdon Residency of the Bristol District in accordance with the specifications contained herein.

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

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

Subcontracting Plan (SBSP) Attachment C with the electronic bid response in eVA. Bidders selecting the “I Plan To

Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM

Program.

If the Bidder is not a DSBSD-certified small business, the “I Plan To Use Subcontractors” box must be selected and the Bidder shall identify on the SPSP attachment the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

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

III. GENERAL:

For the purpose of clarification, each firm receiving this Invitation for Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the goods and services is referred to as a “Contractor.” Virginia Department of

Transportation is referred to as “Department” or as “VDOT,” and “Representative” refers to the VDOT Contract

Administrator who will be administering the contract. This Invitation for Bid states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: The Contractor shall provide equipment with experienced operators, labor, on-site supervision, fuel, transportation (mobilization), tools, materials (such as liquid asphalt and aggregate), supplies, and incidentals as necessary for performing self-contained pothole patching service on an as-needed basis as described herein. Work shall be performed on Primary, Secondary, and Residential Routes in Washington and Smyth Counties.

B. SPECIFICATIONS: All work performed, and all materials and equipment, used in performing the contract requirements shall comply with all existing Local, State and Federal Regulations and the current edition of the VDOT Road and Bridge Specifications, Section 106. Services shall be mobile per the

Virginia Work Area Protection Manual (VWAPM). The Contractor’s equipment shall meet Occupational

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

Additionally, the Contractor shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations. All Contractor vehicles shall have a current state vehicle inspection and registration mailto:chelsa.taylor@vdot.virginia.gov

Bristol District/Abingdon Residency from that State where the vehicle is registered and must be properly insured in accordance with that State's requirements.

C. BID PRICES: The prices bid shall be in the form of a firm, fixed price for the line item described in the pricing schedule. Bid prices shall include, but not be limited to: profit; direct and indirect costs; general and administrative costs; supervision; repair and/or replacement and removal of equipment; transportation of equipment and personnel to and from designated site(s); and the use of cellular phones, and hand-held radios used by the Contractor to conduct business.

D. MATERIALS: The Contractor shall provide all pothole patching material, (example No. 8 and No. 9 stone) and liquid asphalt (summer CRS-2 and winter CMS-2). All materials used to perform services under this contract shall be procured by the Contractor from VDOT approved sources/suppliers. Materials may be stored at the Area Headquarters with permission of the Contract Administrator or designee. Loading of material into the Contractor’s equipment at the Area Headquarters shall be considered off the clock and the

Contractor will not be compensated for the time required to load.

1. AGGREGATE #8 STONE: Number 8 stone is to be used on Secondary roads and as directed by the VDOT Contract Administrator or designee.

2. AGGREGATE #9 STONE: Number 9 stone is to be used on Primary roads and as directed by the VDOT Contract Administrator or designee.

3. LIQUID ASPHALT: The Contractor shall supply CRS-2 liquid asphalt for mixing with the aggregates in summer and shall supply CMS-2 in the winter. The Contractor shall also provide emulsion material.

E. TRAFFIC CONTROL AND TRAFFIC OPERATIONS CENTER (TOC): VDOT will provide all traffic control that may be required in accordance with the latest edition of the VWAPM. VDOT will communicate with the Traffic Operations Center (TOC) prior to making a lane closure and when changes occur, or the lane/shoulder is removed. VDOT will coordinate any special lane closures (requests) outside of the allowable work hours with Regional Traffic Operations Manager prior to implementation. A VDOT contact person at the work zone with a working cell phone capable of communicating to the TOC is required to report closures and will be available should emergencies require removal of the work zone.

F. CONTRACTOR REQUIREMENTS:

1. OPERATION: Prior to patching all potholes shall be cleaned with a high-powered blower to remove any loose rock and debris and then dried. A tack coat of hot emulsion shall be applied to the pothole and then applied with mixed aggregate and asphalt. Dry stone shall be put on top to prevent tracking. There shall be no spills or over-spray.

2. Operations shall be mobile and able to move quickly and safely with minimal interruption to the normal traffic flow.

3. ADDITIONAL MACHINES: VDOT reserves the right to increase or decrease the number machines for any project in order to meet the needs of VDOT.

4. VEHICLE PASSENGERS: Under no circumstances shall a Contractor or Subcontractor allow private or minor aged persons to ride in the Patching machine while performing services under this contract.

G. EQUIPMENT:

1. The Contractor shall provide all necessary equipment needed to sufficiently perform the services of this contract as specified. The equipment offered by Bidders shall be suitable for the intended

Bristol District/Abingdon Residency purpose and have equivalent specifications and capabilities. VDOT in its sole discretion shall determine whether the equipment offered by Bidders is considered equivalent to that named herein. VDOT may inspect any or all equipment, including Subcontractor’s equipment, used under this contract, prior to placement in service or at any other time. Any equipment deemed not suitable for performing the requested services shall be removed from the contract immediately.

a. POTHOLE PATCHING MACHINE: The pothole patching machine offered shall be a self-propelled and self-contained spray injection unit capable of travel at posted highway speeds. The machine shall be able to mix aggregate and liquid asphalt for application.

The machine shall be a spray-injected system or compatible for filling potholes.

b. ARROW PANEL: Each machine shall be fitted with a Type B Arrow Panel which meets the requirements referenced in the VWAPM Section 6F.69. Vehicles that do not meet these requirements will not be allowed to be utilized in conjunction with this contract.

c. AMBER LIGHT: Contractor equipment’s warning lights shall meet the requirements referenced in the VWAPM Section 6F.92. Vehicles that do not meet these requirements will not be allowed to be utilized in conjunction with this contract.

2. The Contractor shall provide any accessories needed to operate the equipment and to efficiently perform the assigned work. This shall include, but is not limited to, all hand tools and safety supplies.

3. The Contractor shall be fully responsible for their equipment and for any liability, damages, and/or losses that may be sustained while such equipment is on site. While performing under this contract, the Contractor shall be responsible for having secured all equipment and materials on their equipment when in transit to and returning from a work assignment.

4. Transportation of all equipment shall be included in the bid price.

5. MAINTAINING EQUIPMENT: The Contractor shall ensure the equipment used under this contract is maintained in good repair and operating condition. No payment will be allowed for equipment downtime or servicing of equipment.

6. FUELED AND READY: The Contractor, at their own expense, shall have equipment fueled and ready to begin operations prior to reporting to the work site.

7. ADDITIONAL TRUCKS OR EQUIPMENT: VDOT reserves the right to supply additional trucks and/or equipment from other sources if deemed necessary to efficiently complete projects.

I. PERSONNEL:

1. 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. The Contractor shall employ a sufficient number of qualified personnel who shall consistently perform the work described herein.

2. EXPERIENCED, QUALIFIED OPERATORS/LABORERS: The Contractor shall provide experienced, properly trained and qualified personnel in providing the services requested herein.

All equipment operators shall possess a valid operator license or Commercial Driver’s License

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

Bristol District/Abingdon Residency

3. CONTACT PERSON: The Contractor shall assign a contact person, who shall be equipped with a cellular telephone which is effective throughout the counties covered by the contract. The contact person’s name and cellular phone number shall be required prior to commencement of work activities. Refer to Attachment B, Normal and Emergency Telephone Contacts.

4. SUPERVISION: The Contractor shall assign an individual as the Supervision Representative who shall be equipped with a cellular telephone capable of operating throughout the area covered under the contract for communication purposes. The Supervision Representative shall be responsible for assigning and coordinating assigned work, notifying the VDOT Contract

Administrator or designee by email of crew locations on a daily basis (when in operation), processing daily/weekly reports, general contract performance issues, and have the ability to meet with VDOT Contract Administrator or designee on site as needed. Prices quoted shall include all costs incurred for the Contractor’s Supervision Representative, and for his/her costs to review future work assignments with VDOT.

5. MAINTENANCE: The operator shall be able to maintain the equipment in order to provide a continuous and productive operation.

K. MANNER OF CONDUCTING WORK AT THE JOB SITE:

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

2. COORDINATION WITH VDOT AND STATE FORCES: VDOT reserves the right to perform any type of work within the limits of this operation. The Contractor shall cooperate with

VDOT and other contractors as necessary.

3. CONTRACTOR’S CONDUCT: The Contractor shall be responsible for the conduct of all personnel while at the work site.

4. CREW SUPERVISION: When the job requires multiple pieces of equipment and a foreman to be present, it shall be the Contractor’s responsibility to assign a crew supervisor, who shall supervise and direct the work of their employees at all times. The Contractor shall make onsite visits to the job site.

5. CONTRACTOR’S PERSONNEL: The Contractor’s personnel shall at all times serve the traveling public, landowners and citizens throughout the Bristol 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 or designee.

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

7. VA811/MISS UTILITY: When digging is required, the Contractor shall contact VA811/“Miss

Utility” for marking underground utilities prior to the performance of work. The Contractor shall not dig until verifying the marking has occurred. The Contractor shall be responsible for any damages caused when VA811/”Miss Utility” guidelines are not followed.

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

Bristol District/Abingdon Residency

9. REVIEW OF WORK SITE: The Contract Administrator, or designee, will review the work site with the Contractor prior to the start of work.

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

Contractor’s equipment that is left at the site.

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

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

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

Prime Contractor.

13. SUBCONTRACTORS: No portion of the contract, nor any equipment, shall be subcontracted without prior written consent of VDOT. In the event that the contractor desires to subcontract some part of the work or equipment specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors on the attached

Subcontractor Approval Request form (Attachment D). The Contractor shall, however, remain fully liable and responsible for the work performed by its subcontractor(s) and shall assure compliance with all requirements of the contract. In the event the Contractor supplies an unapproved subcontracted machine for a job, the machine shall not be accepted. If an approved

Subcontractor cannot be supplied to replace an unapproved subcontractor, a Procurement

Complaint Form will be issued.

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

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

Contract.

15. 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 Bristol 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 or Contract Monitor.

L. SAFETY REQUIREMENTS:

1. SAFETY STANDARDS, RULES, AND REGULATIONS: The Contactor shall ensure that all personnel and equipment comply with all OSHA and VOSH Standards and VDOT safety rules and regulations as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes, but is not limited to, equipment having vehicular backup alarm systems and flashing lights, and equipment that contains a roll over protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to Special Terms and Conditions #25 for Safety and Health Standards.

Bristol District/Abingdon Residency

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

Transportation or VDOT.

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

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

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

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

N. AUTHORIZED WORK HOURS:

1. STARTING TIMES AND SCHEDULES: Starting times and scheduled hours may vary and will be at the discretion of the Contract Administrator or designee. All work performed under this contract shall be performed Monday through Friday. The Contractor may be required to work extended hours (such as nights, weekends, and holidays) due to road closures; no additional pay will be given for nighttime, weekend, or holiday work. Time starts when the equipment arrives at the Area Headquarters and is fully loaded for work. Time stops when the Contractor is instructed to shut down at the end of a work assignment or workday.

2. NIGHT WORK: There may be circumstances under which the Contractor shall be required to work extended hours or nights, outside of the normal hours of work, to meet the needs of VDOT.

All work will be paid at the rate on the pricing schedule with no overtime allowed. VDOT will communicate the schedule to the Contractor five (5) days prior to any night work services requested.

3. STATE HOLIDAYS: Work shall not be performed any Virginia state or federal holidays unless approved in writing by the Contract Administrator or designee. If holidays occur on a Sunday, the following Monday shall be considered the holiday. Work will not be permitted from 12:00 p.m.

(noon) the day before a holiday and will not be permitted again until the day after a holiday. When a holiday falls on a Monday, work will not be permitted after 12:00 p.m. (noon) the preceding

Friday and when a holiday falls on a Friday, work will not be permitted until the following

Monday, unless otherwise approved by the Contract Administrator or designee.

O. METHOD OF ORDERING WORK:

1. WORK NOTIFICATION PROCEDURE: VDOT will issue Purchase Orders, prior to the commencement of work, for billing purposes only. VDOT makes no guarantee of minimum or maximum quantities as shown on the Purchase Order(s). Work shall not commence until a

Purchase Order has been issued. Work Orders will be issued identifying the work to be accomplished, work location, and a deadline for completion. Failure to meet established deadlines

Bristol District/Abingdon Residency may result in the termination of the contract. Work Orders may be in the form of a Highway

Maintenance Management System (HMMS) Work Order.

2. CONFIRMATION/RESPONSE TIME: After receipt of Work Order, the Contractor shall confirm by e-mail the acceptance of work assignment within 24 hours. The Contractor may, at the time of notification, request additional time to respond. The Contract Administrator, on a case-by-case basis will decide approval of additional response time.

3. COMMENCEMENT OF SCHEDULED WORK: Contractor shall commence work within five

(5) calendar days of notification by VDOT unless otherwise agreed to by the Contract

Administrator or designee and the Contractor. If agreeable, the Contractor shall report to the designated location as scheduled and will report to the Contract Administrator or designee. No work can or will be performed without proper VDOT Traffic Control in place prior to the commencement of work.

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

Terms & Conditions, Default, Paragraph P.

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

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

Contractor.

V. MANDATORY PRE-BID CONFERENCE:

A mandatory virtual prebid conference will be hosted by the Contract Officer at 10:00 a.m. EDT on April 11, 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.

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 EDT.

If you plan to participate in the mandatory pre-bid conference you must provide the following information via email to chelsa.taylor@vdot.virginia.gov no later than 5:00 p.m. EDT on the business day prior to the scheduled conference.

• Solicitation Number and Title

• Company Name and Address

• Representative Name, Phone Number, Email Address.

At the start of the conference the Contract Officer will conduct an attendance roll call to identify the individuals participating. Participants will be requested to provide their individual name, company name and contact information during the roll call. Participants who did not provide their information in advance will be requested to provide their name, company and contact information during the roll call. Bids will only be accepted from those

Bidders who are represented and make their participation known to the Contract Officer during the conference roll call and who requested admittance no later than 10:05 AM EDT.

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

Bristol District/Abingdon Residency

Join the meeting now

Meeting ID: 263 591 381 047

Passcode: CGFdv3

Dial-in by phone

+1 434-230-0065,,263139267# United States, Lynchburg

Find a local number

Phone conference ID: 263 139 267#

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

VI. METHOD FOR PAYMENT:

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

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

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

A. PAYMENT: Work satisfactorily performed will be measured and paid based on the incremental unit of measure and the unit bid price for Spray Injection Pothole Patching, including machine with operator and all associated expenses, which shall be full compensation per the Pricing Schedule. The Contractor will be paid at the unit price bid for the total hours of actual work performed to the nearest one-half hour. No time will be allowed and no payment will be made for mobilization, equipment breakdowns, or the servicing of equipment. The hourly rate will not change for night, weekend work, or any hours worked beyond a regular

40-hour week. The Contractor shall incorporate fuel and mobilization costs into the bid rate for each line item.

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

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

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

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

Contract Officer with the use of a Procurement Compliant Form.

D. EQUIPMENT BREAKDOWN: If a piece of the Contractor’s equipment breaks down causing delay in a project, VDOT will not be responsible for payment to the Contractor during this time. If replacement equipment is needed, the Contractor shall provide a replacement within two (2) hours. The Contractor shall not be compensated to mobilize the replacement equipment in or out. If the needed equipment has to be obtained from another source, the Contractor will not be compensated for the trip to mobilize the broken equipment from the work site. Payment will resume once the project can be restarted.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDExYTlmMWUtODQxZC00NjViLWFiZDItNmFlMDQwNjAyMzQ2%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%221ffcffe2-0d6e-4a9c-bc7d-bfe4efdf32ca%22%7d tel:+14342300065,,263139267 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=263139267 mailto:edi@doa.virginia.gov

Bristol District/Abingdon Residency

E. DOWNTIME OF SERVICES: Equipment will be paid only for actual hours worked and no time will be allowed for downtime or servicing equipment. No time will be allowed for the Contractor to conduct meetings with their employees during VDOT operating hours. Any time needed for such a meeting will require prior approval by the VDOT Supervisor, and payable time will be deducted for the amount of time taken. If the Contractor should run out of material and is unable to perform the services, then the Contractor will not be paid for time required to acquire and load additional materials needed to complete the work.

F. TRAVEL TIME: The Contractor will not be paid for travel time from Contractor’s base of operation to the VDOT reporting location or back to the Contractors base of operation at the end of the workday. Travel between VDOT work locations within the same day will be paid at the hourly rate per the Pricing Schedule.

Other travel or movement of equipment will not be billable.

G. SHOW-UP TIME: The Contractor will be paid two (2) hours show-up time if the Contractor is unable to perform due to circumstances approved by the Contract Administrator or designee (for example inclement weather or emergency situations for VDOT) and the proper personnel and equipment reported to the job location as requested. VDOT reserves the right to determine if the Contractor qualifies for show-up time.

VII. INVOICING:

After acceptance of work, invoices shall be submitted semimonthly for the periods ending on the 15 th day of the month and the last day of the month, or upon completion of work, whichever occurs first. The invoice from the

Contractor shall be submitted within ten (10) calendar days of the last day of each billing cycle. All invoices shall include the contract number, purchase order number, work order number, work location(s), period ending date, item number, description, unit price, and extended price based on the contract pricing schedule No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by a VDOT

Representative and Contractor Foreman on an agreeable format. Invoices shall be submitted to the address listed below:

Virginia Department of Transportation

Abingdon Residency

Attn: Barbi Worley

700 E. Main St.

Abingdon, VA 24210

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

VIII. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING:

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

To 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 mailto:barbi.worley@vdot.virginia.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0

Bristol District/Abingdon Residency eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@dgs.virginia.gov.

B. PUBLIC BID OPENING: Bids will be opened at the time stated on the electronic posting and the reminders page of this solicitation, and their contents, per the Virginia Public Procurement Act and

Commonwealth of Virginia Vendor’s Manual, will be made public for the information of bidders and others interested.

A virtual public bid opening will be hosted by a VDOT representative at 11:00 a.m. EDT, April 22, 2024.

Microsoft Teams meeting

Join the meeting now

Meeting ID: 234 733 405 675

Passcode: DCiELA

Dial-in by phone

+1 434-230-0065,,487231330# United States, Lynchburg

Find a local number

Phone conference ID: 487 231 330#

For organizers: Meeting options | Reset dial-in 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 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, mailto:eVACustomerCare@dgs.virginia.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTI1NDVkNzEtM2Q2Zi00ZDhiLWJiNzUtZjkzMDI5ZjdjMTVk%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%221ffcffe2-0d6e-4a9c-bc7d-bfe4efdf32ca%22%7d tel:+14342300065,,487231330 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=487231330 https://teams.microsoft.com/meetingOptions/?organizerId=1ffcffe2-0d6e-4a9c-bc7d-bfe4efdf32ca&tenantId=620ae5a9-4ec1-4fa0-8641-5d9f386c7309&threadId=19_meeting_MTI1NDVkNzEtM2Q2Zi00ZDhiLWJiNzUtZjkzMDI5ZjdjMTVk@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

Bristol District/Abingdon Residency religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bristol District/Abingdon Residency

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

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

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

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

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

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

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

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

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

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

J. PAYMENT:

1. To Prime Contractor:

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.

Bristol District/Abingdon Residency

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…