70648SpecificationsTermsConditions.pdf

Administrative Services/Procurement

Salem District/Interstate Maintenance Operations

Emergency Response/Critical Debris Removal –

Queue Management

SMALL BUSINESS SET-ASIDE AWARD PRIORITY

QQ# 76408

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.

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 Quick

Quote

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide

Incident Management, related Traffic Control Services, Critical Roadway Debris Removal and Queue Management or Patrol for the designated locations within the VDOT Salem District, in accordance with the specifications contained herein, on an as-needed basis, on I-77 in Carroll County, including exit and entrance ramps.

EMERGENCY RESPONSE/CRITICAL DEBRIS:

QUEUE MANAGEMENT OR PATROL:

PERIOD OF CONTRACT: From date of award through December 25, 2024.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Shonda Fowler at shonda.fowler@VDOT.virginia.gov.

The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

III. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: The Contractor, on an as-needed basis, shall provide all labor, supervision, equipment, as necessary to perform Incident Response Traffic Control, Advance Warning Vehicle Services, and Queue Management or patrol 24 hours a day, 7days a week.

Work shall be performed on Interstate on I-77 in Carroll County from the Virginia/North Carolina State line to mile marker

24 on the Wythe/Carroll County Line and adjacent routes/ramps above or below the Interstate as ordered by the VDOT

Contract Administrator, or designee.

TRAFFIC CONTROL/INCIDENT RESPONSE: The Contractor shall work with the Contract Administrator and Salem

District to perform various traffic control layouts for incident response, emergencies, and an occasional incidental request.

Route Begin End

I-77 Virginia/North Carolina State Line Wythe/Carroll County Line, MM 24

Route Begin End

I-77 Virginia/North Carolina State Line Wythe/Carroll County Line, MM 24 mailto:shonda.fowler@VDOT.virginia.gov

Emergency Response/Critical Debris Removal –

Queue Management

SMALL BUSINESS SET-ASIDE AWARD PRIORITY

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It is not the intent of this contract to enumerate every detail which must be considered in the execution of this contract.

Control of traffic, as required for the specified operation(s), shall be the Contractor’s responsibility to insure placement , maintenance of, and removal of any/all traffic items in accordance with the latest editions of the VA Work Area Protection

Manual and its revisions, and Manufacturer’s Installation Instructions if applicable.

BID PRICES: The bid price shall be the for equipment, equipment operator (when required) and all associated expenses including but not limited to; profit, direct and indirect costs, administrative cost, equipment and personnel transportation, cellular phones, pagers, handheld radios and transportation of crews and equipment, and the transport, set-up and break down of traffic control devices (signs, stands, barrels, etc.).

There will be no additional cost paid for erecting or dismantling Traffic Control. The bid price for each Temporary Traffic

Control (TTC) item shall include all costs required to set-up, maintain, and remove the Traffic Control, including but not limited to additional laborers, equipment, etc.

READINESS TO WORK: The Contractor, at his own expense, shall have equipment fueled and ready to begin operations when he reports to the job location as assigned by the Contract Administrator or designee. The Contractor shall provide any accessories that are necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools and safety supplies. The Contractor shall provide, maintain, and operate equipment designated for the operation described herein and shall ensure the equipment is in good repair and operating condition and meets all safety requirements for this type of work. No payable time shall be allowed for equipment breakdowns. If a breakdown occurs, the equipment must be in operable condition within three hours, or a replacement piece of equipment shall arrive within three hours, if it is deemed essential by VDOT.

B. SPECIFICATIONS & STANDARDS:

All work shall be performed following the direction given by the VDOT Contract Administrator, or designee. All traffic control shall conform to the latest edition of the Manual on Uniform Traffic Control Device Standards (MUTCD) and the

Virginia Work Area Protection Manual dated 2015 or latest edition. The Contractor’s equipment shall meet Occupational

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

Contractors shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations and VDOT safety rules.

C. WORK ASSIGNMENTS/REQUIREMENTS:

1. WORK PROCEDURE: The Contractor may be asked to mobilize multiple Traffic Control Operations in accordance with the specifications contained herein. When Incident Response Operations are requested payment for timely response will be eligible for a mobilization fee. At the time of notification, the Contractor may request additional response time if needed. Approval of additional response time will be decided by the Contract Administrator or his or her designee on a case-by-case basis. If the Contractor cannot supply all of the requested Traffic Control, VDOT reserves the right to procure additional Traffic Control Sets from other sources.

2. EMERGENCY WORK ASSIGNMENTS: The Contractor shall respond as requested to a situation or conditions that represent an immediate threat to life or health. The Contractor shall respond 24 hours a day, 7 days a week, including holidays, to any emergency occurring on the roadway. The Contractor shall arrive on-site, with a Short Duration Incident

Management Lane Closure (VWAPM 6I) Pickup truck with arrow board, 10 cones and any other necessary equipment) within thirty (30) minutes of the initial notification of the incident between 6:00am and 6:00pm Monday through Friday, and within sixty (60) minutes after these hours and on weekends, holidays. Once the Contractor is notified that additional Temporary Traffic Control is needed at the scene, the Contractor will have sixty (60) minutes to complete the installation of the requested traffic control. If the requested temporary traffic control is installed within the approved time frame, the Contractor will receive the emergency mobilization fee for that installation. Payment for Emergency

Mobilization will be at $500 per incident. No emergency mobilization fee will be paid for the short duration Incident

Management lane closure (VWAPM 6I).

Emergency Response/Critical Debris Removal –

Queue Management

SMALL BUSINESS SET-ASIDE AWARD PRIORITY

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If upon arrival at or near the designated locations, the Contractor encounters situations that may prevent the installation of the requested traffic control at the location specified by VDOT or delay the completion within the approved time frame, the Contractor shall immediately notify the VDOT representative of the situation in order to confirm direction given and/or receive additional instructions.

3. CONTINUOUS WORK REQUIREMENT: The Contractor shall provide a continuous operation once they commence work. 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 in accordance with General Terms and Condition, Paragraph

P.

4. QUEUE MANAGEMENT/ PATROL VEHICLE(S): The Contractor shall respond to perform Queue Management or patrol at a Level 1, Level 2 or level 3 response as requested by the VDOT Contract Administrator or designee to a situation or conditions that represent an immediate threat to life or health. The Contractor shall respond 24 hours a day, seven (7) days a week, including holidays, to any emergency occurring on the roadway, which may also include adjoining parallel primary and routes. The Contractor shall arrive on-site, within 30 minutes of the initial notification of the incident during the hours of 6:00 a.m. to 6:00 p.m., Monday through Friday, and within 60 minutes of the initial notification of the incident during the hours of 6:00 p.m. to 6:00 a.m. the next morning, weekends, and holidays.

a. LEVEL 1: During a Level 1 Response, the Queue Management Operation shall consist of one (1) Queue

Management Vehicle that shall consist of a ½ ton pickup. or larger, with a 360° amber high-intensity rotating, flashing, oscillating, or strobe light and a vehicle mounted changeable message sign (CMS). The amber warning light on the vehicle shall not interfere with the visibility and recognition of the CMS. The CMS shall consist of a full matrix display and shall be capable of displaying 12 inch letters. All controls of the CMS shall be inside of the QMV.

The CMS two-phase message on the Active Vehicle shall be displaying “ROAD WORK AHEAD” and “SLOW OR

STOPPED TRAFFIC” to approaching traffic. The tailgate of the QMV shall be fully delineated with retroreflective yellow-green and red six (6) inch stripes installed in an inverted V formation extending outward from the center of the rear panel. The QMV shall be marked on both sides with their company’s name. Each QMV shall be equipped with a hands-free cell phone and two-way radio communications for areas with limited cell phone coverage. The

QMV shall never face oncoming traffic. Queue Management ends when the queues have dissipated or as directed by the VDOT Coordinator.

During a Level 1 Response, the QMV shall be stationed approximately 2,000 feet upstream of the Advance Warning

Area, as defined by the current version of the VWAPM and all revisions. When traffic queues become longer or shorter, the QMV moves with traffic on the shoulder, staying within 2,000 feet of the end of queue. The operator of the QMV shall update the Traffic Operations Center (TOC) and the VDOT Coordinator of the queue status every 30 minutes, or when the queue length increases or decreases by a half mile or greater.

b. LEVEL 2 & 3: During a Level 2 or 3 response, the Queue Management Operation shall consist of a Queue

Management Team (QMT) of two (2) vehicles, each shall be a ½ ton pickup. or larger, equipped with a 360° amber high intensity rotating, flashing, oscillating, or strobe light and a vehicle mounted changeable message sign (CMS).

The amber warning light on the vehicle shall not interfere with the visibility and recognition of the CMS. The CMS shall consist of a full matrix display and shall be capable of displaying 12-inch letters. All controls of the CMS shall be inside of the QMT vehicles. . The tailgate of the QMT vehicles shall be fully delineated with retroreflective yellow-green and red six (6) inch stripes installed in an inverted V formation extending outward from the center of the rear panel. Each vehicle shall be marked on both sides with their company’s name. Each QMV shall be equipped with a hands-free cell phone and two-way radio communications for areas with limited cell phone coverage. QMT vehicles shall never face oncoming traffic.

1. One vehicle will be considered “active,” and the other “transitory.” These roles shall swap between the vehicles to meet the requirements of this specification. The CMS two-phase message on the Active Vehicle shall be displaying “ROAD WORK AHEAD” and “SLOW OR STOPPED TRAFFIC” to approaching traffic. The CMS two-phase message on the Transitory Vehicle shall display “ROAD WORK AHEAD” and “SLOW TRAFFIC

AHEAD” to approaching traffic when the vehicle is stationary.

Emergency Response/Critical Debris Removal –

Queue Management

SMALL BUSINESS SET-ASIDE AWARD PRIORITY

QQ# 76408

2. During a Level 2 & 3 response, the Active Vehicle shall be stationed approximately 2,000 feet upstream of the

Advance Warning Area, as defined by the current version of the VWAPM and all revisions. The operator of the

Active Vehicle shall update the Traffic Operations Center (TOC) and the VDOT Coordinator of the queue status every 30 minutes or when the queue length increases or decreases by a half mile or greater. The Contractor shall employ a leapfrog methodology to ensure the Active Vehicle provides constant warning to travelers. The

Transitory Vehicle shall be stationed approximately a half mile upstream of the Active Vehicle. The QMT vehicles shall switch roles when the end of the queue reaches a point approximately 2,000 feet downstream of the Active Vehicle.

3. When traffic queues become shorter, the Active Vehicle moves with traffic on the shoulder, staying within 2,000 feet of the end of queue, and the Transitory Vehicle stays within a half mile of the Active Vehicle.

4. An experienced operator shall be supplied to operate the truck at all times. The Contractor shall have sufficient

Queue Management Vehicles to meet timeliness requirements and be able to respond to multiple incidents at one time. AVL Unit required.

The contractor shall respond to perform patrol operations as requested by the VDOT Contract Administrator or designee to a situation or conditions that represent a heavy traffic flow or special events where they may patrol a designated area to immediately respond to a situation of a disabled vehicle or fender bender and be able to provide assistance to clear the roadway of the obstruction or provide emergency traffic control until such time as they are relieved or the scene clears. The Contractor shall have sufficient Patrol Vehicles to be able to respond to as requested across the contract area.

The Queue Management or Patrol vehicles may be used during times of heavy Holiday travel, Virginia Tech and Radford

University move-in days, sporting events, etc.

5. Incident Attributes – Incident Severity Level

LEVEL (1) MINOR: Less than 30 minutes, 0-1 Minor Lane Blockage Ex: Disabled, debris, Property damage Crash.

LEVEL (2) INTERMEDIATE; 30 minutes 2 hours, 1-2 Major lane blockage & Measurable impact on Traffic. Ex:

Crashes with injuries, multi vehicle crashes, motor carrier crashes, etc.

LEVEL (3) MAJOR; 2 hours or more, 1 or more Major lane blockage & Significant impact on traffic. Ex: Fatal crashes, Hazardous material spills, overturned truck/trailer, roadway or structural damage

D. REQUIREMENTS WHICH THE CONTRACTOR SHALL COMPLY WITH:

1. PERSONNEL REQUIREMENTS:

a. Contractor’s Capacity to Perform: The Contractor shall ensure their capacity to perform work under this contract, regardless of other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the timeframe required herein. VDOT reserves the right to determine quantity of each type of equipment needed at each location. The Contractor may be required to provide multiple crews when work or incidents require, as determined by VDOT.

b. Experienced, Qualified Operators/Laborers: The Contractor shall provide experienced, properly trained and qualified personnel in providing the services requested herein, Traffic Control Services Operation, Incident

Response, Debris /Dead Animal Removal. All equipment operators shall possess a valid operator license for equipment listed in the pricing schedule.

c. Crew Supervision: The Contractor shall provide supervision of employees at all times, including assignment of a crew supervisor. The supervisor shall report to VDOT's Contract Administrator or his or her designee. The assigned supervisor shall be knowledgeable of all aspects of the operation and have authority in writing to commit the contractor. The supervisor shall have a cell phone capable of operating within the assigned area. The supervisor

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SMALL BUSINESS SET-ASIDE AWARD PRIORITY

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shall be available to meet with VDOT personnel within one hour of notification; providing essential information or documentation as required by VDOT.

d. Contact Person: The contact person’s name and cellular phone number shall be required prior to commencement of work activities. Refer to Attachment A, Normal and Emergency Telephone Numbers.

e. Cellular Phone: During the performance of the contract, the contact person shall carry a functional cellular telephone at all times, which is effective throughout the counties covered by the contract.

f. Contractor’s Conduct: The Contractor shall be responsible for the conduct of all Contractor and Subcontractor’s personnel while at the work site.

g. Contractor’s Personnel: The Contractor and Subcontractor’s personnel shall at all times communicate with the traveling public, landowners and citizens in a courteous and respectful manner. The Contractors personnel shall refer all questions concerning work planned, performed or promised to the VDOT Contract Administrator.

h. Crew Language & Dress Requirements: Each crew shall have a supervisor 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 contact the foreman/supervisor within thirty (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.

2. EQUIPMENT REQUIREMENTS:

a. Equipment: The bidder shall have resources to supply sufficient equipment and personnel to perform the work as described.

b. Condition: All Equipment shall be in good mechanical condition at the time of bid closing and throughout the term of the contract.

c. Amber Light: Contractor’s equipment warning lights shall meet the requirements referenced in the 2015 revision, or latest version, of the Virginia Work Area Protection Manual (VWAPM). Vehicles that do not meet these requirements will not be allowed to be utilized in conjunction with this contract.

d. State Inspection/Registration/ Licensure: All Contractor vehicles used under this contract shall have a current state vehicle inspection and registration from the 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, State and Federal regulations regarding the conditions, safety and operations of the requested vehicles.

e. Company Identification: The name of the Contractor’s company shall be displayed on both sides of all work vehicles while on VDOT right of way.

f. Maintaining Equipment: The Contractor shall possess or have available, prior to the award of the contract, sufficient equipment necessary to perform the work for the awarded contract. The Contractor shall maintain and operate equipment designed for the operation(s) described herein and shall ensure the equipment is maintained in good repair and operating condition.

Emergency Response/Critical Debris Removal –

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g. Additional Trucks or Equipment: VDOT reserves the right to supply additional trucks and/or equipment from VDOT sources if deemed necessary.

h. Safety Equipment: The Contractor shall provide and ensure all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment shall include, but is not limited to, hard hats, safety vests, steel-toed shoes, gloves, glasses, etc. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract. In addition, no hardhat or safety vest shall have the Virginia state seal or any reference to the Virginia Department of Transportation or VDOT.

i. Warning Arrow Panel: An advance warning arrow panel “Type C”, 96” x 48”, shall be mounted on the truck mounted attenuator in accordance with the Virginia Work Area Protection Manual; sufficient room shall be maintained below the advance warning panel to facilitate mounting brackets that shall be provided/installed by the Contractor to hang a

Contractor provided 84” x 36” advance warning sign. The sign and arrow panel shall be visible to traffic approaching from the rear. The advance warning arrow panel shall also be equipped with a caution mode that utilizes the four-corner flash design. A minimum of one (1) rotating amber light or high-density amber strobe light shall also be mounted on the truck and shall be visible to approaching traffic from any direction. An experienced operator shall be supplied to operate the truck at all times.

j. Pickup Trucks: Pickup trucks for incident response shall be equipped with “Type B” 60” x 30” arrow boards. The advance warning arrow panel shall be visible to traffic approaching from the rear. The advance warning arrow panel shall also be equipped with a caution mode that utilizes the four-corner flash design. A minimum of one (1) rotating amber light or high-density amber strobe light shall be mounted on the truck and shall be visible to approaching traffic from any direction. An experienced operator shall be supplied to operate the truck at all times. Trucks used for Incident

Response shall have a minimum of 10 cones available for use. Contractor shall provide a minimum of two (2) Emergency

Response vehicles bid on.

k. Traffic Control Signs and Stands: The Contractor shall supply, erect and dismantle all channeling devices and traffic control signs and stands in accordance with VDOT Policy and the Virginia Work Area Protection Manual dated 2015, or latest edition.

l. Truck-mounted attenuators and electronic arrow boards are required when closing a lane on primary and interstate roadways in accordance with the latest version of the Virginia Work Area Protection Manual dated 2015 or latest edition, and as determined by VDOT. The Contractor shall supply the truck-mounted attenuators and electronic arrow boards if required.

m. Electronic Arrow: The electronic arrow shall be electronic flashing or sequential amber arrows having dimmer controls and shall be mounted on a suitable truck or trailer. The Contractor shall maintain and move electronic arrows as needed for traffic control.

n. Lane Closure: The advanced warning vehicle service and assembling/dissembling lane closures will be used in conjunction with work performed by various VDOT crews or other VDOT contractors. The advanced warning vehicle service and assembling/dissembling lane closures will be utilized on Interstate, and Primary routes within VDOT's Salem

District as described in this solicitation. The Contractor may be required to move lane closures to different locations during a workday. For Lane Closures paid for on a per day basis, no additional pay will be made for multiple setups during the same workday.

E. MANNER OF CONDUCTING WORK AT THE JOB SITE:

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

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

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3. DELIVERY, PARKING and STORAGE: The Contractor shall not deliver and store equipment within the VDOT

Right-of-Way or on VDOT property without first obtaining written permission from the Contract Administrator. The

Contract Administrator will approve the parking and storage arrangements; however, VDOT will not be responsible for any loss or damage to the Contractor’s equipment that is left at this site.

4. COORDINATION WITH STATE FORCES: VDOT reserves the right to perform any type of work within the limits of this operation. The Contractor shall cooperate with VDOT and other contractors as necessary.

F. METHOD OF ORDERING WORK:

1. Work Notification Procedure: Purchase Orders will be issued, for billing purposes only, for an estimated value for the contract term. The Purchase Order number must be listed on all correspondence and invoices. When there is an emergency/critical/immediate need, verbal notification shall be sufficient for the Contractor to begin.

2. Emergency Work Assignments: The Contractor shall respond, as requested, to a situation or conditions that represent an immediate threat to life or health and identified as an Emergency Work Assignment. An Emergency Mobilization

Fee (C. Work Assignments/Requirements, #2, Page 5) will be paid once per incident/task. All other contract prices shall apply as listed.

3. 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 and Conditions, Paragraph P. Procurement Complaint Form may be issued against the

Contractor.

G. HOURS OF WORK:

Since the work to be performed by this contract is a result of unforeseen traffic and roadway incidents, work may be requested and performed during day or night depending upon location and VDOT need. Work hours will be as directed by

VDOT’s Contract Administrator. No additional pay will be given for night operations.

H. SAFETY REQUIREMENTS:

1. Safety Standards, Rules and Regulations: The Contractor shall ensure all personnel and equipment comply with all

OSHA and VOSH standards 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 containing a rollover protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to Special Terms and Conditions Paragraph 17 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 to maintain clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT’s property from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners.

3. Hardhats: Hardhats shall be worn by ALL employees while participating in or observing all types of fieldwork when outside of the cab of a vehicle.

4. Safety Garments: ALL Employees exposed to vehicular traffic when not behind a barricade shall wear a Safety

Garments.

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

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IV. 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

1. PAYMENT: Payment will be made on the hourly components of this contract to the next one-half (1/2) hour for the actual time equipment and personnel are in use, with no stand-by time allowed unless authorized by the VDOT Contract

Administrator in advance. The hourly rate will not change for night, weekend work, or any hours worked beyond a regular 40-hour week. Payment for the hourly pieces of equipment will only be paid when they are used separately or as an addition to a requested layout. When traffic control is requested, all equipment, manpower for set up and breakdown and monitoring and maintaining shall be included in the bid item price. The Contractor shall incorporate fuel and mobilization/demobilization costs into the bid rate for each line item.

2. VERIFICATION: At the conclusion of each workday, the Contractor shall submit a VDOT- provided daily timesheet showing the line items, operator name and quantities for each piece of equipment or laborer/flagger. The timesheet must be verified, mutually agreed upon and signed by the Contractor and Contract Administrator at the end of each workday.

The timesheets will be used by VDOT to verify Contractor’s invoices.

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

4. BILLABLE TRAVEL TIME: Equipment traveling or moved from one VDOT work location to another VDOT work location within the same day will be paid at the hourly rate per the Pricing Schedule. For Lane Closures paid for on a per day basis, no additional pay will be made for multiple setups during the same workday.

5. ACTUAL HOURS: Both equipment and dedicated operator are present, as requested by VDOT, to perform or in performance of the work. Equipment without operator, not in use or not used will not be billable.

6. SHOW-UP TIME: In the event the Contractor’s equipment reports to work as requested, but due to the weather or a change in VDOT’s plans, and it is not utilized that day, the Contractor shall be paid one-quarter (1/4) of each requested line item with the unit of measure of each. Line items with an hourly unit of measure will be paid Two (2) hours of show-up time for each occurrence. No payment will be made if work is cancelled by VDOT before 4:00PM the day before work is to be performed. VDOT reserves the right to determine if the contractor qualifies for show up time. It shall be the contractor’s responsibility to contact the VDOT representative in the event of inclement weather and discuss whether work can be performed that day. No payment will be allowed for showing up during inclement weather without contacting the VDOT representative.

7. EQUIPMENT BREAKDOWN: If a piece of the Contractor’s equipment breaks down causing delay in a project, VDOT will not be responsible for payment to the Contractor during this time. If replacement equipment is needed, the

Contractor shall provide a replacement within three (3) hours. The Contractor will not be compensated to mobilize the replacement equipment in or out. If the needed equipment has to be obtained from another source, the Contractor will not be compensated for the trip to mobilize the broken equipment from the work site. Payment will resume once the project can be restarted.

mailto:edi@doa.virginia.gov

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8. DOWNTIME OF SERVICES: Equipment will be paid only for actual hours worked and no time will be allowed for downtime or servicing equipment. No time will be allowed for the Contractor to conduct meetings with their employees during VDOT operating hours. Any time needed for such a meeting will require prior approval by the VDOT Supervisor, and payroll time will be deducted for the amount of time taken.

9. MOBILIZATION:

Supplemental Payment Schedule: The pay items listed below are fixed prices and will be paid to the Contractor if all required criteria have been met.

MOBILIZATION PAYMENT: Emergency Mobilization: $500.00 per occurrence

V. INVOICING:

Invoices may be submitted at the conclusion of work to the Billing Address listed on the Purchase Order. All invoices shall include the Contract Number, Purchase Order number, description of the work performed, work location(s), date of work, a breakdown of line items and quantities used based on the contract line items, price per unit of measure, extended price and a grand total. Invoices shall be created in such a way to clearly identify the Work Order being invoiced.

Contractor shall provide, with their invoice:

• Copies of the signed daily time sheets for all time listed on the invoice

The only charges VDOT will approve for payment will be charges based upon the rates and line items agreed upon on the daily timesheet. Invoices shall be submitted to the Billing Address listed on the Purchase Order.

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

VI. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual.

A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell To Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative

Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the

Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and §

2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, 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 mailto:mike.vanover@vdot.virginia.gov https://eva.virginia.gov/index.html

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organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

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

Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

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

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

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

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

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this

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solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

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

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

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

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

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

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

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

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-

4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-

4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

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2. To Subcontractors:

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

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

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

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

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE

LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM

AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM

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

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The

Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract.