158941_SpecificationsTermsConditions.pdf

ASD-Salem Procurement Martinsville Residency/Carroll County Small Business Set Aside Award Priority Asphalt Patching Service

IFB #158941

Issue Date: June 27, 2024 INVITATION FOR BIDS IFB #158941

Title: Asphalt Patching Services Commodity Code(s): 91384, 91371 Location Where Work Will Be Performed: Carroll County

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

NOTE TO BIDDERS

Pre-Bid Conference: An Optional Pre-bid Conference will be held at 10:00 a.m. Eastern Standard Time (EST), on July 8, 2024. Refer to Solicitation Section V for instructions on how to participate.

Solicitation Closing Date and Time: 1:00 PM EST on July 18, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 1:30 PM EST on July 18, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS`

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

2. Ensure all bid documents are completed and fillable attachments are uploaded with the bid submission.

Bid documents and fillable attachments include, but may not be limited to:

A. Vendor Qualification/Equipment Inventory Certification B. VA State Corporation Commission Form C. Normal and Emergency Contacts D. Subcontractor Approval Request (if applicable)

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.

mailto:Patty.Harvey@vdot.virginia.gov Patty.Harvey Highlight

Patty.Harvey Highlight

Small Business Set Aside Award Priority Asphalt Patching Service

IFB #158941

Administrative Services Division Salem District/Martinsville

Invitation for Bid (IFB) – Asphalt Patching Services – Carroll County

TABLE OF CONTENTS Page

I. Purpose 3 II. Questions Regarding This Invitation For Bid 3 III. General Definitions 3 IV. Specifications/Contract Requirements 3 V. Pre-Bid Teleconference 9 VI. Method for Payment 10 VII. Invoicing 10 VIII. Bidders Instructions and Public Bid Opening 10 IX. General Terms and Conditions 11 X. Special Terms and Conditions 18

ATTACHMENTS:

A. Vendor Qualification Equipment Inventory Certification Form (Fillable Form)

B. VA State Corporation Commission Form (Fillable Form)

C. Normal and Emergency Contacts (Fillable Form)

D. Subcontractor Approval Request (Fillable Form) E. Prevailing Wage Documentation

F. Virginia Code Red Ozone Days

RESOURCES BY REFERENCE

1. General Term and Condition C. Anti-Discrimination

2. General Term and Condition CC: Civility in State Workplaces

Small Business Set Aside Award Priority Asphalt Patching Service

IFB #158941

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as VDOT) is soliciting bids from qualified firms to provide equipment and qualified operators, including certified flag persons, for the purpose of performing various paving/patching operations, on an as needed basis, to repair winter break-up damage on Primary and Secondary routes in Carroll County at locations designated by the Contract Administrator or the designee.

PERIOD OF CONTRACT:

The initial term or period of the contract shall be for one year with the effective date to be determined at time of award with three (3) optional one-year renewals.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Patty Harvey at Patty.Harvey@VDOT.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

Provide questions no later than 4:00 PM on July 12, 2024.

III. GENERAL DEFINITIONS:

For clarification, each firm submitting a Bid is referred to as a “Bidder”. The Bidder awarded the contract is referred to as a “Contractor”. VDOT will assign a “Contract Administrator” as the Contractor’s primary point of contact for administering the contract. The VDOT Contract Administrator may identify “Designee(s)” to monitor, coordinate, schedule, and inspect the Contractor’s performance on 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 all necessary labor, supervision, tools, traffic control, portable rumble strips, supplies, materials and incidentals to perform paving/patching operations on Primary and Secondary roads in areas designated. The Contract Administrator or designee will designate the surface areas for preparation and the type of restoration to be achieved prior to beginning of work in accordance with the Invitation of Bid.

BID PRICES: Measurement for payment shall be the amount of TONS PLACED. This bid price shall include removing and disposing of unsuitable materials, preparation of areas, application of tack coat, application of asphalt materials, compaction, asphalt distributor, paver, trucks, roller, operators, fuel, maintenance of equipment, insurance on equipment (certification will be required) and operator(s), supervision, traffic control, portable rumble strips, labor, miscellaneous tools and all other items needed to meet the requirements for paving/patching maintenance.

The Contractor shall verify all quantities with the designated VDOT Site Representative at the end of each day. Any tonnage left at the end of the day’s assignment, verified, and mutually agreed upon by the VDOT Site Representative and the Contractor, will be deducted from the last delivery ticket for that day and shall not be billed to VDOT. The Contract Administrator or designee and the Contractor Representative shall both sign and date this form, confirming work completed and tons placed. A copy of this form shall be included as an attachment to all invoices submitted.

B. SPECIFICATIONS / CONTRACT REQUIREMENTS:

1. VDOT will furnish all materials (including tack) necessary to meet individual specifications for each location. This will be on an “as needed” basis for maintenance in Carroll County throughout the contract period to complete specified work mailto:Patty.Harvey@VDOT.virginia.gov

Small Business Set Aside Award Priority Asphalt Patching Service such as asphalt and cold patch unless further stated as being the responsibility of the contractor to furnish. Tack coat shall be applied prior to patching/overlay per 2020, or most current version, of the VDOT Road and Bridge Specifications section 310, 311, and 315.

2. All work performed shall be in compliance with the Road and Bridge Specifications 2020 or latest edition excluding all of Sections 101 through 110 but for Section 107.14, Environmental Stipulations and Section 110.05, Construction Safety and Health Standards. All traffic control shall conform to the latest edition of the Manual on Uniform Traffic Control Device Standards (MUTCD) and the latest edition of the Virginia Work Area Protection Manual and VDOT IIM-TE- 386.1.

3. PATCHING is defined as asphalt overlay; the maximum depth of the overlay will not exceed 1 ½ -inches or 500-feet in length (unless approved by Contract Administrator).

Patching will be paid for by the TON PLACED. Sub-standard pavement on roadways will be pre-marked and reviewed with the Contractor. A patch will have a minimum width of 4-feet and a maximum width of 12-feet. Length shall not exceed 500-feet unless approved by Contract Administrator or their designee. The minimum number of tons placed shall be one hundred (100) tons.

4. PLANT MIX Shall be procured at the Asphalt Plant nearest the designated work site, as determined by VDOT, on VDOT

Purchase Orders. VDOT pays for plant mix materials.

5. SURFACE REPLACEMENT: The Contractor shall plan the work, whereas, to completely restore (replace) the final pavement surface to finish grade prior to opening work area up to traffic. The Contractor shall not leave any uneven grades or drop-offs upon the conclusion of each day’s work period.

6. PAVEMENT MARKERS: The Contractor shall not remove/destroy any more markings and/or markers than absolutely necessary to perform the work. The Contractor shall notify the Contract Administrator or designee prior to the performance of any operations that would remove pavement markings in any single work location that would exceed 100 feet in centerline length. In the event work assignments involve the removal and or loss of existing pavement markings or markers, VDOT will be responsible to replace accordingly.

C. REQUIREMENTS WHICH THE CONTRACTOR SHALL COMPLY WITH:

1. CONTRACTOR’S CAPACITY TO PERFORM: The Contractor shall ensure his capacity to perform work under this contract, even though there may be other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the timeframe required herein.

2. CONTACT PERSON: The Contractor shall assign a person as the Supervisory Representative who will have the authority to execute this contract work. The Contractor shall provide this name as well as additional personnel names and phone numbers who can be contacted 24 hours, seven days a week in case of emergency. The Supervisory Representative shall carry a cellular phone at all times during the performance of the contract, which is effective throughout the counties’ covered by the contract.

3. HANDHELD RADIOS: When requested, it will be required that each flag person be equipped with a handheld radio that shall be supplied by the Contractor.

4. COMMERCIAL DRIVER’S LICENSE: When required by the type of equipment being operated, the operator of each piece of equipment shall possess a valid Commercial Driver’s License with proper endorsements.

5. REVIEW OF THE WORK SITE: The Contractor Administrator or designee will provide details of the work site for the Contractor prior to the start of work requested. Sub-standard pavement on roadways will be pre-marked and reviewed with the Contractor to discuss specifically which type of patch will be required.

6. DELIVERY, PARKING & STORAGE: The Contractor shall not deliver and store equipment within the VDOT Right-

Small Business Set Aside Award Priority Asphalt Patching Service of-Way or on VDOT property without first obtaining written permission from the Contract Administrator or designee.

The Contract Administrator or designee shall approve the parking, storage arrangements and staging areas along the right-of-way. VDOT will not be responsible for any damage to the Contractor’s equipment that is left at these sites.

7. SUPERVISION: It shall be the Contractor’s responsibility to completely supervise and direct the work of his employees as well as all subcontractors that he may utilize, using his best skills and attention. Subcontractors who perform work under this contract shall be responsible to the General Contractor.

8. CLEAN UP: 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 the site at the completion work to the satisfaction of VDOT, the Contract Administrator or designee may make arrangements to do so and charge all associated costs to the Contractor.

9. DISPOSAL: The Contractor is responsible to 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 with the completed work area nor 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. No VDOT dumpsters are to be used for debris disposal.

The Contractor shall immediately report to law enforcement authorities and to the respective VDOT office any discovery of suspicious activity or suspected hazardous or foreign material within the VDOT Right-of-Way while engaged in any active and/or standby operations performed under this contract

10. FINAL INSPECTION: At the conclusion of the work, the Contractor shall demonstrate to the VDOT representative that the work is in compliance with the contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the Contractor at the Contractor’s sole expense prior to final acceptance of the work.

11. CONTRACTOR’S FAILURE TO REPORT: If the Contractor fails to commence work at the designated time, a

Procurement Complaint Form may be issued against the Contractor. It shall address the deficiency and corrective action needed. If corrective actions are not achieved by the deadline stated in the Complaint form, VDOT may have the work accomplished by another source and the Contractor may be held responsible for any resulting additional purchase or administrative costs in accordance with General Term and Condition letter P.

D. MATERIALS: VDOT may furnish all materials (including tack) necessary, by use of Purchase Orders set up by the

Residency, to complete the specified work such as asphalt, plant mix, tack, and cold patch unless further stated as being the responsibility of the Contractor to furnish.

1. The Contractor shall be responsible for picking up and hauling of all materials from an approved VDOT supplier or

VDOT storage lot, unless otherwise specified by VDOT.

• Stone, plant mix, tack and any other materials needed shall be picked up at the nearest plant/quarry or VDOT facility to the designated work site, as determined by VDOT, using VDOT purchase orders assigned for the material(s). The Contractor shall be responsible to ensure that all tickets/receipts have the VDOT purchase order written on them prior to leaving the supplier. VDOT will process payment to the supplier for all materials picked up against VDOT purchase orders.

• All delivery tickets shall be signed by the Contractor and turned into the Contract Administrator or designee, on a daily basis. These will be used to verify delivery amounts and to pay the materials invoices. Failure to turn in signed tickets will result in a Procurement Complaint Form being issued which may ultimately result in default of the contract per General Term & Condition P.

E. EQUIPMENT AND CREW:

1. The Equipment offered by Bidders shall be of equal size, or larger, and within the specifications of this IFB, suitable for the intended purpose and provide the following or approved equal specifications and capabilities. For each piece of

Small Business Set Aside Award Priority Asphalt Patching Service

Equipment offered Contractor shall provide an experienced, qualified operator. VDOT in its sole discretion shall determine whether the equipment offered by Bidders is considered equal to that named herein.

The bidder shall furnish a completed Vendor Qualification/Equipment Inventory Certification Form (Attachment A) with each bid, to certify the bidder has sufficient equipment and personnel to perform the work as described. The bidder shall supply the quantity of personnel and type of equipment submitted on the certification. VDOT reserves the right to inspect any equipment submitted on the certification form prior to Notice of Intent to Award, and any time after award.

After commencement, modification or substitutions by the contractor for the equipment listed in the certification may be permitted with the written permission of the VDOT Contract Administrator or designee. Equipment substitutions permitted by VDOT may be inspected.

Required Equipment and Specifications – the equipment listed is the minimum equipment required to perform the work under the provisions of this Invitation for Bid. Each piece of equipment provided under this contract must be equipped with operating lights and other appropriate safety features, including backup alarms, so as to maintain a safe work site. The contractor shall be fully responsible for his/her equipment and for any liability, damages and/or losses that may be sustained while such equipment is on VDOT Right of Way. The contractor shall devise a method of refueling his/her equipment on site so as to meet the approval of VDOT.

A. PAVER – self-propelled, adjustable scree, tamping system on screed, hopper with a minimum capacity of

2.5 tons and capable of laying a minimum of one and half (1.5) inch depths and four (4) to twelve

(12) foot widths.

B. DUMP TRUCKS - Four (4) Tandem or five (5) Single-Axle dump trucks capable of transporting and dumping bituminous concrete into a paver hopper with no delays and be capable of maintaining the temperature of the bituminous concrete the same as when it was loaded at the Asphalt Plant up to two (2) hours.

C. DISTRIBUTOR - Equipped with tack hose and header bar.

D. TRACTOR & BROOM - Tractor-mounted broom for the purpose of sweeping debris from pavement, curb lines and intersections prior to paving.

E. SERVICE TRUCK - Capable of hauling ALL essential operating supplies.

F. ROLLER - tandem roller, six (6) and eight (8) tons with a watering device to evenly moisten roller drum.

2. VEHICLE REQUIREMENTS: All contractor vehicles shall have a current inspection and registration from that

State where the vehicle is registered and must be properly insured in accordance with that State's requirements.

Contractor's equipment and operators shall be in compliance with all applicable DMV and State and Federal regulations regarding the conditions and operations of the requested vehicles. The name of the company will be displayed on both sides of all work vehicles while on State right of way. The contractor shall be responsible for having secured all equipment and materials on their vehicles when in transit to and returning from a work assignment.

3. The Contractor shall provide, maintain and operate equipment designated for the operation(s) described herein and shall ensure the equipment is in good repair and operating condition. Maintenance of the Contractor’s equipment for continuous operation shall consist of, but is not limited to, repairs needed due to malfunctioning of equipment and refueling equipment. At the Contractor’s expense, equipment shall be fueled and ready to begin operations prior to reporting to the worksite. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently, to include the capability of refueling equipment on site. This shall include, but is not limited to, all tools and safety supplies.

4. All crew persons shall possess the knowledge, skills and abilities to perform all aspects of operation of the equipment and to follow the practices and methods of roadway maintenance and construction used by VDOT. The Contractor’s personnel shall not create any hazardous condition with the operation of the equipment.

5. The Contractor, at their expense, shall have equipment fueled and ready to begin operations prior to reporting to the

Small Business Set Aside Award Priority Asphalt Patching Service work site.

F. MANNER OF CONDUCTING WORK AT THE JOB SITE:

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

2. COMMUNICATION: Each crew shall have at least one crewmember that communicates in English (both orally and in writing) and comprehends the English language. This crewmember shall communicate instructions to other crewmembers or coordinate this communication. The English used by this person must be understood by VDOT personnel. Additionally, any crewmember that is used as a flagger shall speak only English while performing this duty as required by the Virginia Work Area Protection Manual.

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

4. CONTRACTOR’S PERSONNEL: The Contractor’s personnel, shall at all times, serve the traveling public, landowners and citizens throughout the Martinsville Residency 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.

5. 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.

6. CREW LANGUAGE & DRESS REQUIREMENTS: Each crew shall have a foreman or designated crew supervisor capable of communicating (both verbally and in writing) and comprehending the English language. The foreman/supervisor shall be capable of communicating instructions to members of the Contractor’s crew. VDOT shall be able to make contact with the foreman/supervisor within 30 minutes.

The contractor shall conduct his or her work so as to ensure the least possible obstruction to traffic and shall provide for the safety and convenience of the general public and residents along the highway to protect persons and property.

All employees shall wear hard hats, class 3 safety garments, and steel toe shoes that comply with all applicable VOSHA/OSHA, ANSI and VDOT safety regulations while working on State right-of-way. Workers will also be required to wear long pants and shirts with short sleeves as a minimum. All personnel shall have personal protective equipment such as safety shoes, class 3 flagging garments, safety glasses, etc. when necessary. Examples of clothing not considered appropriate include tank tops, shirts with no sleeves, shirts with cut out sleeves, shirts with sleeves rolled up to the shoulder, shorts, and, class 3 flagging garments with no shirt.

7. VA811: When digging is required, the Contractor shall contact VA811 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 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 Contract Administrator.

G. TRAFFIC CONTROL:

1. The Contractor shall be responsible for all traffic control during all asphalt service operations. The Contractor shall be responsible for furnishing all signs, stands, flag, cones arrows panels, portable rumble strips, vehicles and other items necessary for traffic control to include truck mounted attenuators. The Contractor shall be responsible for the displaying and removal of traffic control as required for each location per VW APM and directed by the Contract Administrator or Designee.

2. The standards set forth in the most recent version of The Virginia Work Area Protection Manual shall be followed at

Small Business Set Aside Award Priority Asphalt Patching Service all times so as to maintain a safe working environment for VDOT, Contractor personnel and the traveling public. The Contractor shall be responsible for obtaining subsequent revisions of the manual and for implementing any revised traffic control measures during each term of the contract.

3. Portable Temporary Rumble Strips (PTRS): PTRS shall be used when requested or as required per IIMTE-386.1

Memorandum or latest version listed on the VDOT Traffic Engineering website:

https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/traffic-operations/traffic-control-devices/

PTRS must comply with IIM-TE386.1, in addition to the latest version of the VW APM. PTRS units must be Contractor owned or rented and shall be included in the bid price.

PTRS units must be Contractor owned or rented and shall be included in the bid price, no additional costs may be billed for use of the PTRS.

4. Flagger/Unskilled Laborers: All flag persons shall be VDOT or American Traffic Safety Services Associates (ATSSA) certified and shall have certification cards with them while performing these duties. Certified flag persons shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the Virginia Work Area Protection Manual. Flag persons shall speak only English while performing their job as a flagger and shall use sign paddles to regulate traffic in accordance with the requirements of the Virginia Work Area Protection Manual. The Contractor shall provide flagging paddles and hand-held two-way radios for communication between the flaggers. Flag persons found performing their duties improperly shall have their certifications revoked. VDOT will check, on a regular basis, to ensure that flag persons have their certification cards.

Flag persons shall be courteous and neat in appearance at all times according to the Virginia Work Area Protection Manual.

5. VDOT will suspend operations at the Contractors expense if incorrect traffic control measures are set up. The

Contractor will be required to cease all operations and remove the lane and/or shoulder closures. The Contractor shall then submit a hand-drawn sketch of the proposed revised traffic control plan to the on-site VDOT representative for approval. The Contractor shall not resume operations until the corrected traffic control measures are fully implemented. If the Contractor has questions, he/she shall immediately contact the VDOT Project Manager or Contract Administrator for clarification. In the event of a dispute, the VDOT representative can contact the District Work Zone Safety Coordinator for resolution. The Work Zone Safety Coordinator shall have the final decision.

H. SAFETY REQUIREMENTS:

1. SAFETY STANDARDS, RULES AND REGULATIONS: The Contractor 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 General Terms and Conditions section #26 for Safety and Health Standards.

2. PROTECTION OF PERSONS AND PROPERTY: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor’s operation in connection with the work by ensuring all work/job areas are 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 the contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners.

3. AUTHORITY TO SUSPEND WORK: During the execution of the work, the VDOT Contract Administrator or VDOT work site Representative will have the authority to suspend the work fully or in part due to the failure of the Contractor to correct conditions deemed unsafe for the workers 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.

https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/traffic-operations/traffic-control-devices/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/traffic-operations/traffic-control-devices/

Small Business Set Aside Award Priority Asphalt Patching Service

I. WORK HOURS:

1. STARTING TIMES AND SCHEDULES: Work assignments will be on an as-needed basis as determined by the Contract Administrator or designee. Start times and scheduled hours may vary and will be at the discretion of Contract Administrator or designee.

2. WORK HOURS: The Contractor may be expected to work 10-hour days, Monday through Friday. Saturday hours may also be necessary.

3. HOLIDAYS: Work shall not be performed any Virginia state or federal holidays unless approved 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. State holidays include, but are not limited to: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus/Yorktown Victory Day, Election Day, Veterans' Day, Thanksgiving, the day after Thanksgiving, and Christmas Day.

J. METHOD OF ORDERING:

1. WORK NOTIFICATION PROCEDURE: The Contractor’s official notification to proceed is the purchase order.

The purchase order should outline the work location, estimated quantities and expected period of time.

2. RESPONSE TIME: The Contractor shall be expected to respond back to the Contract Administrator or designee within 48 hours of the purchase order being issued. At this time the Contractor may request additional time to respond.

Approval of additional response time will be decided by VDOT on a case-by-case basis. Work shall start no later than five (5) working days after the purchase order is sent or as mutually agreed upon with the Contract Administrator or designee.

3. CONTINUOUS OPERATION REQUIREMENT: The Contractor shall provide a continuous operation once they commence work. The Contractor shall verify daily completions with the Contract Administrator or designee to ensure progress continues on the project. Failure to maintain a continuous operation will result in a Procurement Complaint Form being issued, which may ultimately result in the default of the contract.

4. 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, which may ultimately result in the default of the contract.

V. OPTIONAL PRE-BID CONFERENCE:

An optional virtual prebid conference will be hosted by the Contract Officer at 10:00 AM EST on July 8, 2024. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation. While attendance at this conference will not be a prerequisite to submitting a bid, bidders who intend to submit a bid are encouraged to attend.

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

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

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

Small Business Set Aside Award Priority Asphalt Patching Service

Microsoft Teams Need help?

Join the meeting now Meeting ID: 261 368 624 16 Passcode: Fyvj6M

Dial in by phone +1 434-230-0065,691581076# United States, Lynchburg Find a local number Phone conference ID: 691 581 076# Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VI. METHOD FOR PAYMENT:

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

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692-0473 or via email at: edi@doa.virginia.gov.

VII. INVOICING:

Invoices shall include the contract number, purchase order number, itemized quantities, unit price and extended costs based on the contract pricing and the Contractor's actual cost for materials used (with supporting invoices showing the Contractor's actual costs attached to the invoice) No payment will be made for work in progress on the prescribed payment dates. Completed work will be verified in writing on a form on a provided by VDOT. The Contractor or his/or Representative and the VDOT Contract Administrator or designee shall both sign and date this form, confirming work completed and tons placed. Payment will be mailed to:

Virginia Department of Transportation

Martinsville Residency Attn: Ricky Heath

309 Weeping Willow Ln.

Bassett VA 24055

Submission of invoicing electronically as an email attachment is encouraged. The invoices are sent to ricky.heath@vdot.virginia.gov. Electronic invoices are acceptable, but only as an attachment to the email, not as part of the body of an email. VDOT Salem Structure & Bridge does not accept faxed invoices.

VIII. BIDDERS 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 https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjQ3MzIzNmYtYmEwYy00ODVkLWI5MTktMDgxYjc2ZWU5MDdk%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22a9141931-d4bc-4bb0-b77a-ad7cf39e29a4%22%7d tel:+14342300065,,691581076 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=691581076 mailto:eVACustomerCare@DGS.Virginia.gov mailto:edi@doa.virginia.gov mailto:ricky.heath@vdot.virginia.gov

Small Business Set Aside Award Priority Asphalt Patching Service

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.

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 bid opening via teleconference will be hosted by a VDOT representative at 1:30 PM EST on July 18, 2024.

The conference can be accessed with the below dial-in information.

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Join the meeting now Meeting ID: 280 582 862 770 Passcode: yxtGGq

Dial in by phone +1 434-230-0065,722807957# United States, Lynchburg Find a local number Phone conference ID: 722 807 957#

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 & CONDITONS:

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/proposals), (bidders/offerors) 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 https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@dgs.virginia.gov https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTU3YTNlOGYtN2EwOS00OTcxLTk1MTMtMGMwNTZlNjY4YWZk%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22a9141931-d4bc-4bb0-b77a-ad7cf39e29a4%22%7d tel:+14342300065,,722807957 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=722807957 http://www.eva.virginia.gov/

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Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

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

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), 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.

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

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

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

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

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

Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid.

Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) 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:

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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…