2026-0901 High Bridge State Park Paving IFB-199-VSP-2027-009 Binder.pdf

IFB-199-VSP-2027-009 1

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CONSERVATION AND RECREATION (DCR)

600 E Main Street, Floor 24, Richmond, VA 23219 Invitation for Bids (IFB)

Issue Date: September 1, 2026

IFB Control #: IFB-199-VSP-2027-009

Title: Asphalt Paving – High Bridge Station, High Bridge Trail State Park

Commodity Code(s): 91375 - Maintenance and Repair, Parking Lot and Alley

91394 - Paving/Resurfacing, Alley and Parking Lot

Issuing Agency: Department of Conservation and Recreation

600 East Main Street, Richmond, VA 23219

Location where work will be performed: High Bridge Trail State Park, 1466 Camp Paradise Rd., Rice, VA 23966

Sealed bids will be received until 5:00 PM local time (1700 EST), September 18, 2026, for furnishing the services described herein. No late bids will be accepted. Bids will be opened publicly via virtual conference call on September 21, 2026, at 10:00 AM (1000 EST). Bidders wishing to attend must email Timothy Hatton (timothy.hatton@dcr.virginia.gov) at least two (2) business days prior to the bid opening date to receive an invitation.

A Mandatory Pre-Bid meeting and site visit will be held at High Bridge Trail State Park at 10:00 AM (1000 EST) on

Friday, September 11, 2026. Interested bidders MUST attend and stay for the ENTIRE meeting and site visit. The meeting will start promptly at 10:00 AM. Those planning to attend please RSVP to Timothy Hatton (timothy.hatton@dcr.virginia.gov) on or before close of business September 8, 2026.

All Inquiries for Information Should Be Directed To: Timothy Hatton, Procurement Officer II, at timothy.hatton@dcr.virginia.gov. All questions must be received via email by 5:00 PM (1700 EST) September 14, 2026.

All questions must be in writing and will be answered in writing, by email or addendum.

ONLY Electronic Bids Submitted in eVA will be accepted for this solicitation. Complete instructions for bid submission can be found in Section III of this document.

In compliance with this Invitation For Bids (IFB) and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and, in any schedule attached hereto, is true, correct, and complete.

Name of Firm: Signature:

Address: Date:

City, State, Zip: Name:

eVA Supplier ID: Title:

Email Address: Telephone Number:

mailto:timothy.hatton@dcr.virginia.gov?subject=Attendance%20Request,%20IFB-199-VSP-2026-042%20Public%20Bid%20Opening mailto:timothy.hatton@dcr.virginia.gov?subject=Registration%20Request,%20IFB-199-VSP-2026-042%20Pre-Bid%20Meeting mailto:timothy.hatton@dcr.virginia.gov?subject=General%20Inquiry,%20IFB-199-VSP-2026-042

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TABLE OF CONTENTS

I. PURPOSE

II. SCOPE OF WORK AND SPECIFICATIONS

III. BID INSTRUCTIONS

IV. GENERAL TERMS AND CONDITIONS

V. SPECIAL TERMS AND CONDITIONS

VI. ATTACHMENTS

Attachment A-Vendor Data Sheet

Attachment B-Virginia State Corporation Commission Registration Information Attachment C-Small Business Contracting Plan

Attachment D-Pricing Schedule

Attachment E-Electronic Bid Submission Information

Attachment F-Site Definitions

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, or any other basis prohibited by state law relating to discrimination in employment.

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I. PURPOSE: The Department of Conservation and Recreation (agency) seeks a qualified licensed contractor to perform asphalt paving and repairs of approximately 12,400 square feet of park road surface at Virginia’s High

Bridge Trail State Park. Installation of approximately 1,365 linear feet of timber guardrails is included to be awarded at the option of the agency.

II. SCOPE OF WORK AND SPECIFICATIONS: Successful bidder shall provide all equipment, materials, labor, tools, and supervision to perform asphalt paving, improvements, general maintenance, and repairs within

High Bridge Trail State Park.

A. General Requirements

1. Attendance at the mandatory pre-bid meeting and site visit is REQUIRED to submit a valid bid. Contact Timothy Hatton via email (timothy.hatton@dcr.virginia.gov) or phone (804-972-

3233) to be included on the attendee list ahead of the meeting. All bidders must sign in, remain present throughout the entire meeting, and sign out for their bid to be considered responsive. This meeting will take place on September 1, at 10:00 AM (1000 EST) at the High

Bridge Trail State Park Visitor Center (1466 Camp Paradise Rd., Rice, VA 23966).

2. Park Representative (Contract Administrator): Dan Jordan, High Bridge Trail State Park

Manager, daniel.jordan@dcr.virginia.gov, 434-315-0457

3. Available Work Dates and Times: Work must be scheduled in conjunction with the Park

Representative no later than seven (7) calendar days after receipt of purchase order. The Park

Representative will designate availability windows for scheduling. Performance of work must occur within scheduled timeframes approved by the Park Representative.

4. Project Due Date: All work shall be completed in calendar year 2026 and must be finished before seasonal weather conditions become unsuitable for proper asphalt placement and curing.

5. All services shall be performed, unless mutually agreed upon by the Contractor and the Park

Representative, during normal business hours, between the hours of 8:00AM to 5:00 PM Monday through Friday, except for State & Federal holidays.

B. Task List

1. Mandatory: New paving of parking area adjacent to High Bridge Trail State Park Visitor Center

(approximately 3,500 sq. ft.), to include installation of eight (8) park supplied wheel stops, and parking space line painting [see Attachment F, figs. 1 & 2]

2. Mandatory: New paving of wooded trail through High Bridge Station picnic area (approximately

3,500 sq. ft.) [see Attachment F, figs. 1 & 3]

3. Mandatory: Mill and repave park entrance at the intersection of Camp Paradise Road and Aspen

Hill Road (approximately 4,000 sq. ft. total) [see Attachment F, figs. 4, 5 & 6]

4. Mandatory: Pothole repair on Camp Paradise Road (approximately 400 sq. ft.)

5. Mandatory: Asphalt crack sealing on Camp Paradise Road (approximately 1000 lin. ft.)

6. Optional for Award: Furnish and install timber guardrail, such as Cor-Tenn Co. Steel-backed

Timber Guardrail, or agency-approved equivalent, [see Attachment F, figs. 7, 8 & 9] along parking areas at High Bridge Station (approximately 1,365 lin. ft.)

C. References & Standards

1. Reference VDOT Road & Bridge Standards (2016, rev. 1/13/2026)

2. Reference VDOT Road & Bridge Specifications (2016, rev. 4/1/2020), including Section 210

(Asphalt Materials), Section 211 (Asphalt Concrete), and Section 315 (Asphalt Concrete

Placement).

3. See Virginia Work Area Protection Manual (VWAPM), Version 11.0 (2026) for temporary traffic control standards.

4. See ASTM D6690 for hot-applied crack/joint sealant.

mailto:timothy.hatton@dcr.virginia.gov?subject=Registration%20Request,%20IFB-199-VSP-2026-042%20Pre-Bid%20Meeting mailto:daniel.jordan@dcr.virginia.gov https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-standards/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-specifications/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/work-area-protection-manual-and-pocket-guide/ https://store.astm.org/d6690-21.html

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5. See also FHWA Tack Coat Best Practices.

6. Where this SOW is more specific than the standards & references, this SOW shall govern.

D. Material Requirements

1. All materials employed shall conform to the requirements listed under Section II. C. References and Standards.

a. Tack coat shall be asphalt cutback or asphalt emulsion conforming to the requirements of

VDOT Section 310.

b. Seal coat primer shall be water based latex emulsion containing less than 150 grams per liter volatile organic content and shall conform to the requirements of ASTM D4758 and

ASTM D2939.

c. Seal coat shall consist of coal tar emulsion specifically formulated as a seal over asphalt pavement, shall contain clean dry silica sand, and conform to the requirements of ASTM D5727. Polymer-modified coal tar sealers are subject to compliance with requirements.

Available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following:

a. Gem Seal, Inc.

b. Neyra Industries “Jennite”

c. Other agency approved equals.

2. Surface Mix: SM-9.5 (A or D as approved) meeting VDOT Section 211 and current District requirements.

3. Tack Coat: Asphalt emulsion meeting VDOT Section 210; apply at rates sufficient to achieve bond (follow VWAPM traffic control to prevent tracking).

4. Crack Sealant: ASTM D6690 hot-applied, Type I or II.

E. Paving Performance Requirements

1. Assess base/subgrade conditions. If base/subgrade failures are discovered, notify the Park

Representative and submit a corrective plan (e.g., full-depth patching, base stabilization) with updated pricing for approval prior to proceeding.

2. Grade and compact unpaved project areas to achieve the required crown, cross-slope, and density.

a. If gravel depth is insufficient, place additional aggregate to achieve the required thickness.

b. Ensure the base transitions smoothly into adjacent surfaces.

3. Edge Reveal & Cleaning:

a. Remove vegetation and soil at path and roadway edges to expose full surface width and restore sight lines.

b. Mechanically sweep, blow, and clean surfaces to remove dust, loose aggregate, debris, and contaminants, including oil stains. Excessive oil stains may be degreased and/or scraped for correction; flame-treat only where approved by the Park Representative.

c. Re-establish positive edge support to reduce edge failures utilizing gravel shoulder support where necessary.

4. Crack Preparation & Sealing:

a. Clean cracks with compressed air; ensure dry and free of vegetation/debris.

b. Fill cracks with hot-poured sealant; tool/band as required.

5. Milling:

a. Mill all tie-ins (e.g., at intersections, cabin/driveway aprons, utilities) to ensure flush transitions and avoid lips. Depth and limits shall suit adjacent grades.

b. Provide and maintain an adequate supply of water necessary for all milling operations, including dust suppression, cooling, and proper functioning of the milling equipment. The contractor is responsible for sourcing, transporting, and storing all water required to support chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.fhwa.dot.gov/pavement/asphalt/pubs/hif16017.pdf

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the milling machine and associated activities. The contractor shall not access water from park sources, unless approved in advance by the Park Representative.

6. Pre-level and lay scratch course to correct potholes, ruts, birdbaths, and cross-slope irregularities before overlay.

7. Tack Coat:

a. Apply tack uniformly across all existing asphalt surfaces to be overlaid (emulsion preferred).

b. Avoid tracking.

c. Do not place overlay on un-tacked surfaces.

8. Overlay 2 inches (compacted) of SM-9.5 surface mix. Use appropriate paver/roller train to achieve uniform density and smoothness, with correct joint construction (longitudinal and transverse).

9. Perform final sweep; remove loose aggregate. Ensure no ponding on the new surface and that all transitions are smooth and flush.

F. Contractor Requirements:

1. This IFB document contains approximate measurements only. The Contractor is responsible for field-verified measurements prior to bid submission and again prior to commencement of work.

DCR is not liable for any errors or misinterpretations made by the Contractor in response to this solicitation.

2. The Contractor shall obtain, possess, maintain, and comply with all applicable local, state, and federal requirements such as licensing, permitting, codes, laws, regulations, standards, specifications, and guidelines for providing asphalt services as identified.

3. The Contractor shall be legally qualified and licensed by the Virginia Department of Professional and Occupational Regulation (DPOR) Board for Contractors to perform all work included in the scope of the contract.

4. The Successful bidder shall be experienced in asphalt paving and shall have adequate manpower and equipment for the scope of this project and be able to complete work according to the specified schedule. Adequate time has been allotted for completion, however, should significant weather impact the successful bidder’s ability to complete the work, consideration will be given to extend time. Contractor shall furnish references and reference contact information for at least two (2) locations where such work was completed [See Attachment A].

5. Contractor shall maintain an adequately classed contractor license as specified in the Special

Terms and Conditions, H - Contractor Registration.

6. Contractor registration is required in accordance with Section 54.1-1103 of the Code of Virginia.

7. The Contractor shall ensure that all OSHA safety regulations are followed throughout the course of the project. The area shall be clearly marked with “work in progress signs” and/or caution tape.

Proper signage shall be employed when working in a public right-of-way or anywhere the safety of the public must be maintained.

8. The Contractor shall maintain a clean work site continuously throughout the duration of the project. The Contractor shall be responsible for removal and legal disposal of all debris resulting from this project. The Contractor shall be responsible for removing all discarded or unused material, trash and debris off the park’s premises.

9. Contractor to control all related vehicular parking within the limits of the project to preclude interference with public traffic or parking, access by emergency vehicles, county operations, or construction operations. Prohibit parking on or adjacent to access roads, or in non- designated areas.

10. The Contractor shall ensure that the equipment and the installation of said equipment meets all federal, state, and local safety guidelines. All supplied equipment, tools, and personal safety

IFB-199-VSP-2027-009 6

equipment shall meet or exceed the safety standards specified for such items by the American

National Standards Institute Manual (ANSI Z133.1-1994).

11. No portion of this work shall be subcontracted or assigned to another contractor without first securing written consent of the Department of Conservation and Recreation.

12. The Contractor shall provide a minimum 12-month workmanship warranty from date of agency acceptance to cover segregation, raveling, joint failures, slippage, and delamination not attributable to extraordinary loads or third-party damage.

G. Acceptance Criteria

1. The following acceptance criteria apply to all paved areas.

a. Demonstrate continuous bonding between existing surface and overlay. No slippage or shoving; tack coat uniformly applied.

b. Surface shall be true to line/grade; free of open, raveled, or segregated joints; and local defects corrected prior to inspection.

c. Edge support shall meet Park expectations.

d. On inspection, there shall be no new ponding, birdbaths, or depressions.

III. BID INSTRUCTIONS:

A. ELECTRONIC BIDS will be accepted in the eVA Procurement System. See Attachment E for detailed instructions. These must be signed and submitted at the time of bid. NO MAILED, FAXED OR EMAILED

BIDS WILL BE ACCEPTED. See ATTACHMENT E for Electronic Bid instructions or contact eVA

Customer Care at 1-866-289-7367 or eVACustomerCare@DGS.Virginia.gov for assistance.

B. All bids for this solicitation shall include return of the IFB cover sheet, all attachments, and addenda acknowledgements, if any, signed in ink and filled out fully as requested. Bids must include all items listed to be considered in evaluation for award.

Questions related to the required attachments should be directed to Timothy Hatton via email (see solicitation cover sheet), no later than five (5) days prior to the close of bidding to ensure that answers can be returned.

It is the responsibility of the bidder to guarantee their bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. Bids received after the time designated for receipt of bids will not be considered.

Bids shall be opened publicly at the date and time listed on the first page of this solicitation. Bid opening shall be completed virtually. All bidders that participate in this solicitation will automatically receive an invitation to this bid opening.

C. Withdrawal or Modification: Bids may be withdrawn or modified by written notice received from bidders prior to the deadline fixed for bid receipt. The withdrawal or modification may be made by the person signing the bid or by an individual(s) who is authorized by him/her on the face of the bid. Written modifications must be signed by the person making the modification or withdrawal.

D. Errors in bids will be handled in accordance with section 5.13 of the Vendors Manual.

IV. GENERAL TERMS AND CONDITIONS

mailto:eVACustomerCare@DGS.Virginia.gov

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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, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender 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:

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

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, 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.

2. 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.

3. 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.

4. 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.

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5. 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.

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: 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 non-responsive. As a precondition to its acceptance, the

Commonwealth may, in its sole discretion, request that the bidder withdraw or modify non-responsive 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

IFB-199-VSP-2027-009 9

payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number

(for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364.

Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS,

CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

IFB-199-VSP-2027-009 10

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

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

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

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

A. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

B. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing

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

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

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

3. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract.

The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing

Agency within thirty (30) days from the date of receipt of the written order from the Purchasing

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

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

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may procure them from other sources and

IFB-199-VSP-2027-009 11

hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia

State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate

Health Care Practitioner (to include Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed

Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical

Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.)

Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

R. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over $50,000, as a result of this solicitation, the purchasing agency will publicly post such notice on the DGS/DPS eVA web site (www.eva.virginia.gov) for a minimum of 10 days.

S. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ http://www.eva.state.va.us/

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such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

T. NONDISCRIMINATION OF CONTRACTORS: A bidder or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

U. eVA BUSINESS-TO-GOVERNMENT CONTRACTS AND ORDERS: This solicitation shall result in multiple purchase order(s) with the eVA transaction fee specified below assessed for each order.

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

(i) DMBE-certified Small Businesses: 1%, capped at $500 per order.

(ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order.

The specified vendor transaction fee will be invoiced by the Commonwealth of Virginia Department of

General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.

The eVA Internet electronic procurement solution, website portal www.eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to conduct business with state agencies and public bodies.

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA

Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or

Index Page information to eVA-catalog-manager@dgs.virginia.gov.

V. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

http://www.eva.virginia.gov/ mailto:eVA-catalog-manager@dgs.virginia.gov

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W. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD

PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside

Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the

DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

X. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders shall state bid prices in US dollars.

Y. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the

Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

Z. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a

“Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a

Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a

State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract

Worker who the Commonwealth reasonably believes to have violated this Section.

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V. SPECIAL TERMS AND CONDITIONS:

A. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner.

The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

B. AWARD: The Commonwealth will make the award on a per-lot basis to the lowest responsive and responsible bidder. The procurement office reserves the right to conduct any test it may deem advisable and to make all evaluations. The Commonwealth also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

C. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in one purchase order with the applicable eVA transaction fee assessed for each order.

D. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (30) days. At the end of the (30) days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

E. BID PRICES: Bid shall be in the form of a firm unit price for each lot during the contract period including all delivery cost and additional production fees. No additional fees will be allowed.

F. CLAIMS: The Contractor shall be responsible for the resolution of any and all damage claims presented to Department of Conservation and Recreation as a result of operations provided herein. Within 30 days of Department of Conservation and Recreation’s notification to the Contractor of a claim, Contractor shall respond in writing to the claimant and copy Department of Conservation and Recreation. Failure to properly respond to and resolve claims in a timely manner constitutes unsatisfactory performance and may result in cancellation of the contract and/or removal from the bidders list.

G. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor.

In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

H. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $150,000 or more, or if the total value of all such contracts undertaken by bidder/offeror within any 12-month period is $ 1 million or more, the bidder/offeror is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $30,000 or more but less than

$150,000, or if the total value of all such contracts undertaken by bidder/offeror within any 12-month period is $250,000 or more, but less than $1 million or more, the bidder is required to be licensed as a “CLASS B CONTRACTOR.” If such a contract is over $1,000 but less than $30,000, or if the contractor does less than $250,000 in business in a 12-month period, the bidder is required to be licensed as a

“CLASS C CONTRACTOR.” The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The

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bidder/offeror shall place on the outside of the envelope containing the bid/proposal and shall place in the bid/proposal over his signature whichever of the following notations is appropriate, inserting his contractor license number:

Licensed Class A Virginia Contractor No. _______________Specialty _______________

Licensed Class B Virginia Contractor No. _______________Specialty _______________

Licensed Class C Virginia Contractor No. _______________Specialty _______________

If the bidder/offeror shall fail to provide this information on his bid/proposal or on the envelope containing the bid/proposal and shall fail to promptly provide said contractor license number to the

Commonwealth in writing when requested to do so before or after the opening of bids/proposals, he shall be deemed to be in violation of § 54.1 1115 of the Code of Virginia (1950), as amended, and his bid/proposal will not be considered.

If a bidder/offeror shall fail to obtain the required license prior to submission of his bid/proposal, the bid/proposal shall not be considered.

I.