834977roadAshland.pdf

Town of Ashland Invitation to Bid

IFB #2026-0723

eVA BPM091939 Issue Date: July 23, 2026

Project NAME: Small Paving Projects

BID OPENING: August 18, 2026, 11:00 AM Local Time

Description:

IFB #2026-0723 Small Paving Projects

The scope of work consists of furnishing and installing asphalt for small projects ranging in size as small as 100 s.f. up to 30,000 s.f. and performing pavement maintenance for small areas.

Date Bid Submitted: __________________________________

Submitted By: ________________________________

Contractor License Number: _________________________

TABLE OF CONTENTS

INFORMATION FOR BIDDERS ..................................... Error! Bookmark not defined.

ADDITIONAL TERMS, CONDITIONS AND INSTRUCTIONS TO BIDDERSError! Bookmark not defined.

SCOPE OF WORK…………………………………………………………………………………………………17

BID

BID SCHEDULE

SPECIFICATION

SPECIAL PROVISION FOR ASPHALT MATERIAL PRICE ADJUSTMENT

INFORMATION FOR BIDDERS

Issue Date: July 23, 2026 Proposal Due: August 18, 2026 at 11:00 AM Issued by: Town of Ashland, Virginia Bernadette Cornelius, Purchasing Agent (804) 798-1073 Town of Ashland 121 Thompson Street PO Box 1600 Ashland, VA 23005 purchasing@ashlandva.gov

Electronic and paper bids accepted. Bids are to be submitted electronically (in Adobe PDF format) to eVA (Virginia’s eProcurement Marketplace). For assistance, contact eVA Customer Care at 1-866-289-7367. Paper bids are to be submitted to Purchasing Town of Ashland, 121 Thompson Street, PO BOX 1600, Ashland, VA 23005. Note: Bidders need to ensure that they submit their electronic response to the latest version/round of the solicitation.

The Town of Ashland reserves the right to accept or reject any or all proposals, to waive informalities, and to reissue any request for proposals. The Town also reserves the right to award the contract as it deems will best serve its interest.

BIDS, subject to the specifications and conditions attached hereto, will be received by the Town of Ashland, Virginia (herein called the "OWNER"), at the office of the Purchasing Agent, Ashland, Virginia, or through eVA until 11:00 a.m. on Tuesday, August 18, 2026, and then at said office publicly opened and read aloud.

Interested bidders MUST contact the purchasing office to be added to the bid holders list so that they may be notified of changes or addenda (Purchasing Agent: Bernadette Cornelius at purchasing@ashlandva.gov or call 804-798-1073. A bid may be rejected if all addenda are not included.

Paper BIDs must be submitted in a sealed envelope, addressed to Bernadette Cornelius, Purchasing Agent, Town of Ashland, 121 Thompson St., P. O. Box 1600, Ashland, Virginia 23005. Each sealed envelope containing a BID must be plainly marked on the outside as "BID NO. IFB2026-0723- Small Paving Projects," and the envelope should bear on the outside the name of the Bidder, address, and license number, if applicable. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the Purchasing Agent at Town of Ashland, Virginia, P.O. Box 1600, Ashland, Virginia 23005.

All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above-scheduled time for the opening of BIDS or authorized postponement thereof.

Any BID received after the time and date specified shall not be considered. All BIDS are to be good for thirty

(30) days after the actual date of opening thereof.

Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER.

The OWNER also reserves the right to award the contract as it deems will best serve its interest. It further mailto:purchasing@ashlandva.gov reserves the right to award the contract on a lump sum basis, individual item basis or such combination as shall best serve the interest of the OWNER, including award to multiple Contractors, unless otherwise specified by the OWNER.

Any CONTRACT resulting from this Bid Invitation may not be exclusive to the successful Contractor. The OWNER reserves the right to contract with firms not party to this CONTRACT for similar goods if it determines this to be in its best interest.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT.

Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the CONTRACTOR from fulfilling any of the conditions of the contract.

The party to whom the contract is awarded will be required to execute the AGREEMENT within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement.

The OWNER, within ten (10) days of receipt of the Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement.

Should the OWNER not execute the Agreement within such period, the BIDDER may, by WRITTEN NOTICE, withdraw the signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.

After execution of the Agreement, the OWNER shall issue the NOTICE TO PROCEED on an as-needed basis.

The OWNER may make such investigations as deemed necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein.

A conditional or qualified BID will not be accepted.

The exact location and scope of the various projects are unknown and the OWNER offers no guarantee as to actual quantities. All quantities are estimates used only for bidding purposes.

All work shall be performed in accordance with the specifications of the Town of Ashland, regulations of the Virginia Department of Transportation, the Virginia Department of Health, the Virginia Department of Environmental Quality, the Virginia Department of Conservation and Recreation, and all other applicable regulatory agencies. (Information concerning the requirements of local, State and Federal regulatory agencies may be obtained from the appropriate agency).

All materials, construction, and inspection methods shall be in accordance with the latest edition of the Virginia Department of Transportation Road and Bridge Specifications and Road and Bridge Standards. The OWNER requires that all workmanship meet the quality standards as described in the latest edition of the Virginia Department of Transportation Road and Bridge Specifications. To help accomplish the quality of work needed, the Contractor shall have a responsible foreman on the job at all times as a point of contact for the

OWNER.

The Town of Ashland's Department of Public Works will schedule all work.

When at the job site, workers in the employment of the Contractor shall be required to conduct themselves in a workmanlike manner.

The OWNER will verify time and materials for all work performed.

Bidders shall promptly notify the Town of Ashland of any ambiguity, inconsistency or error which may be discovered upon examination of this Invitation for Bidders, and/or if interpretations or clarifications of the document are required. Such notifications and requests for interpretation shall be submitted by email to Bernadette Cornelius (purchasing@ashlandva.gov) at least seven days prior to the scheduled bid opening date and time. These interpretations, clarifications, etc., will be made by the Director of Public Works, or his designee, only by a written Addendum issued by the Purchasing Agent, with a copy to each recipient of the bid invitation.

The Bidder to whom the contract is awarded shall be required to execute the contract and furnish any required Certificate of Insurance, bonds, and other required documents simultaneously with the delivery of the executed contract. Otherwise, the OWNER may award the Bid to the next lowest responsive and responsible Bidder and keep the Bidder’s security deposit, if any.

The OWNER reserves the right to inspect work that is assigned during this contract in progress, as well as make a final inspection to approve completed work.

The Contractor shall warranty his workmanship for a period of one year after completion of work and, either independently or through the manufacturer, shall warranty all materials and supplies supplied by the Contractor for a period of 1 year or the manufacturer’s standard warranty period, whichever is longer. The warranty shall include all parts, labor, premise visits, mileage, and all other expenses necessary to maintain the work for the warranty period.

The party to whom the contract is awarded shall file with the OWNER the necessary insurance certificate with the following minimum coverage:

Insurance Requirements:

Workers Compensation Statutory Worker's Compensation and Employers' Liability insurance under the Commonwealth of Virginia statutory requirements.

Bodily Injury $1,000,000 each person $1,000,000 each occurrence Property Damage Automobile $1,000,000 each accident General Liability $1,000,000 each accident $1,000,000 per occurrence

All insurance shall be provided by companies legally allowed to conduct business in the Commonwealth. The Contractor shall furnish the OWNER with an original Certificate of Insurance.

ADDITIONAL TERMS, CONDITIONS AND INSTRUCTIONS TO BIDDERS are included in APPENDIX A.

The Contract duration shall be from the execution of the contract to August 31, 2027.

The OWNER reserves the right to renew the Contract upon MUTUAL AGREEMENT with the CONTRACTOR up to a period of four (4) additional 12-month periods. For future contract periods, unless otherwise specified, price increases shall be limited to the lessor of the percentage increase in the Consumer Price Index, Urban Wage Earners and Clerical Workers (CPI-W), U.S. City Average, All Items for the most recently published twelve months as published by the U.S. Department of Labor, Bureau of Labor Statistics or the Engineering News Record Constructing Cost Index, Annual Average Index for the most recently published twelve months as published by Engineering News Record. The base price to which any adjustments will be made shall be the prices in effect during the contract term prior to the proposed term.

Either party to the CONTRACT resulting from this Bid Invitation may terminate the agreement by 30 days written notice to the other party. The Contractor agrees that any resulting contract shall be subject to annual appropriations of the Ashland Town Council and that non-appropriation of sufficient funding to continue the contract will result in its automatic termination once existing funding is exhausted.

Award will be made to the lowest responsive and responsible BIDDER, in part or in total, whichever is in the best interest of the OWNER.

Each BIDDER is responsible for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID.

ADDITIONAL TERMS, CONDITIONS AND INSTRUCTIONS TO BIDDERS

1. APPLICABILITY

These ADDITIONAL TERMS, CONDITIONS AND INSTRUCTIONS TO BIDDERS shall be binding on all bidders or offerors and are incorporated by reference in all contracts resulting from any written Request for Quotes, Invitation to Bid or Request for Proposals issued, collectively the ("Request"), to which they are attached. Use of the term "bid" in these General Terms, Conditions and Instructions to Bidders is not intended to be restricted to an Invitation to Bid and shall also affect written Request for Quotes, Invitation to Bid or Request for Proposals.

2. INDEPENDENT CONTRACTOR

The Contractor is an independent contractor and nothing contained in the CONTRACT shall constitute or designate the Contractor or any of its agents or employees as employees of the OWNER.

3. EXAMINATION OF BID DOCUMENTS

a. Bidders shall thoroughly examine the bid documents. The Bidder's failure or omission to examine any document shall not relieve the Bidder from any obligations with respect to its bid or to the resultant contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

b. If a Bidder knows, or should have known, that an ambiguity, discrepancy, error, omission or conflicting statement exists in the Bid Documents, the Bidder has an obligation to seek clarification, interpretation or instructions from the Purchasing Agent prior to submitting a bid. Any and all such clarifications, interpretations or supplemental instructions will be in the form of written addendum to the Request which, if issued, will be sent to prospective Bidders prior to the date fixed for the opening of bids. The OWNER will not be responsible for any clarifications, interpretations or instructions except those made by written addendum. Should the Bidder fail to seek such a clarification prior to submission of a bid, the Bidder thereby waives, and agrees to indemnify and hold the OWNER harmless from any claim, suit or cause of action arising out of or related to such ambiguity, discrepancy, error, omission or conflicting statement which the Bidder knew or should have known existed at the time the bid was submitted.

c. Failure of a Bidder to receive any addendum shall not relieve the Bidder from the requirements of the bid, including all addenda issued. All addenda so issued shall become part of the bid documents.

Each Bidder shall be responsible for determining prior to submitting a bid that all addenda issued have been received and shall acknowledge receipt and inclusion of all Addenda in the bid.

4. SIGNED BID CONSIDERED AN OFFER

A signed bid shall be considered an offer on the part of the Bidder and shall be deemed accepted upon award by the OWNER, unless withdrawn under the provisions herein. Should any Bidder receiving an award default or fail to deliver the products or services ordered by the time specified, the OWNER may terminate the purchase order and/or contract, and after oral or written notice to the Bidder, may procure the products and/or services from other sources and hold the defaulting Bidder liable for any resulting additional cost. Any Request for Quotes, Invitation to Bid or Request for Proposals issued on behalf of the Town of Ashland, Virginia shall allow any Board, Commission, Authority, department, agency, or constitutional officer to make purchases pursuant to the Request issued by the OWNER.

5. FAILURE TO BID

If not bidding, complete and return the signature page of the Request or a letter stating the reason for not bidding. Failure to respond may result in removal from the bidders list for the commodity(s) being bid.

6. REJECTION AND AWARD OF BIDS

The OWNER reserves the right to accept or reject any or all bids or parts of bids, to waive informalities and to request rebids. Bids having exceptions to the specifications and/or terms and conditions included in the request may be considered, but preference may be given to bids with no exceptions taken. The OWNER reserves the right to award the contract for any or all items bid on a lump sum basis, individual item basis or such combination as shall best serve its interests, including award to multiple contractors, unless otherwise specified by the OWNER. If a responsive bid from the lowest responsible bidder exceeds available funds, the OWNER may negotiate with the lowest responsible bidder to obtain a contract price within available funds. Such negotiation may include but is not necessarily limited to adjustment of the bid price and changes in the bid scope or requirements in order to bring the bid within the amount of available funds. The apparent lowest responsive and responsible bidder shall be notified in writing that the bid exceeds available funds and the OWNER wishes to negotiate. If the OWNER and the Bidder are unable to successfully negotiate the scope of work and/or bid price so the price is within available funds, all bids shall be rejected. The OWNER reserves the right to increase or decrease quantities at the quoted unit price.

7. BID BOND

When specifically required in the Request, each bid, if the total bid price, including any add alternates and excluding any deduct alternates, exceeds $100,000, shall be accompanied by a Bid Bond or Certified Check, Cashier's check or Letter of Credit (using OWNER prescribed forms) payable to Town of Ashland, Virginia, in an amount equal to five percent of the total bid price including any add alternates and excluding any deduct alternates, unless otherwise specified. All Sureties must be licensed to transact business in the Commonwealth of Virginia and be acceptable to the OWNER. Documents evidencing current authority of attorney-in-fact of surety must be attached to the bonds. In the event of default by the bidder, the deposit may be forfeited as liquidated damages to the OWNER.

8. PREPARATION, SUBMISSION AND RECEIPT OF BIDS

a. Bids must be submitted to the address stated in the Request by paper or through eVA. Bids shall be submitted in the prescribed format and on the forms furnished, if any, or copies thereof, and shall be signed in ink. Original signatures are required on bids unless facsimile/electronic submission is allowed. Bids shall be enclosed in an envelope, and shall be sealed and clearly labeled with the bid number and project name so as to indicate the work covered by the Request so as to guard against opening prior to the time set therefor. Bidders shall designate on the exterior of the outermost envelope the bid number and date and time of opening of the bid. Erasures or other changes must be explained and initialed by the Bidder. Bids containing any conditions, omissions, failure to bid all items, unexplained erasures or alterations or items not called for in the bid, or irregularities of any kind, may be rejected by the OWNER as being non-responsive.

b. Each bid must give the full legal name and business address of the Bidder. Bids by partnerships must furnish the full name of the partnership and must be signed by one of the partners. Bids by corporations should state the name of the State of incorporation, be signed by the President, Vice- President or other person authorized to bind it in the matter and should have the Corporate Seal affixed. The name and title of each person signing the bid shall also be typed or printed below the signature. When requested by the OWNER, satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished.

c. Bids must be received prior to the date and time of opening specified in the Request. Late bids will not be considered.

d. No official or employee of the OWNER shall be responsible for the improper opening of a bid which is not properly identified on the envelope, or for any bid improperly submitted, as specified in the Request. Bids for separate Requests shall not be combined on the same form or submitted in the same envelope. Any such bids may be rejected as nonresponsive.

e. Each BID FORM shall include specific acknowledgment of receipt of all addenda issued during the bidding process. Failure to acknowledge addenda may result in the bid being rejected as non-responsive.

9. SPECIFICATIONS

a. If goods/services bid are in substantial compliance with the bid requirements, the OWNER, in its sole discretion, may waive informalities and award a contract if non-compliance will not affect the price, quality, quantity or delivery schedule of the goods, services or construction being procured.

b. The Bidder shall indicate in the Request any exceptions from the bid specifications and terms and conditions. If exceptions are not stated, it will be assumed that the goods and/or services fully comply with the bid specifications and terms and conditions and the Bidder will be required to deliver the product or service meeting the bid specifications under the terms and conditions specified.

c. All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new (unused), unless otherwise specified. The items bid shall be the latest model, of the best quality, and highest grade workmanship.

d. Any ancillary items or parts of any equipment listed in the Request which are not fully described in the specification and which are necessary for the completion and use of the items or equipment and its appurtenances shall be considered a part of such equipment, although not directly specified in the Request.

10. SUBSTITUTION OF MATERIALS OR SERVICES

a. In the specifications, where any item of equipment or material is specified by proprietary name, trade name, and/or name of one or more manufacturers, with the addition of such expressions as "no substitutes," it is to be understood that those items are so specified for reasons of standardization in maintenance and operation, or for reasons of obtaining desirable features best suited to the requirements of the OWNER and no other brand shall be considered.

b. In the specifications, where any item of equipment or material is specified by proprietary name, trade name, and/or name of one or more manufacturers, without the addition of such expressions as "no substitutes," it is understood that equal-quality equipment or products of either a manufacturer named or of a manufacturer not named, which meet the requirements of the Specifications, is intended, subject to the approval of the OWNER as to the equality thereof, and it is distinctly understood: (1) that the OWNER is to use its own judgment in determining whether or not any item of equipment or material proposed is equal in quality to that specified; (2) that the decision of the OWNER on all such questions of equality shall be final; and (3) that, in the event of any adverse decision by the OWNER, no claim of any sort shall be made or allowed against the OWNER.

c. If bidding a brand other than that specified, it is the bidders responsibility to substantiate that the goods and/or services meet the specifications. To ensure that sufficient information is available, the Bidder shall furnish (and should submit as part of his bid) descriptive material (e.g., catalog cuts, drawings, specifications, etc.) necessary to substantiate that the products or services offered meet the requirements of the bid.

11. PRICING AND QUANTITIES

a. By submitting a bid, the Bidder warrants that the prices bid will be firm for acceptance for a period of 60 days from the date of the bid opening unless otherwise stated by the OWNER.

b. Unless otherwise specified by the OWNER, only firm pricing shall be given consideration. General terms such as "price in effect at time of delivery" shall not be considered for award. Prices should be stated in the units of quantity specified in the BID FORM. In the case of an error in extension of prices in the bid, the unit prices shall govern.

c. When a bid is sought seeking a source of supply for a requirements contract for goods or services, the quantities or usage shown are estimates only. No guarantee is given or implied by the OWNER as to the total amount that may or may not be purchased from any resulting contract. These quantities are for bidders information only but may be used for bid evaluation.

12. MODIFICATION OF BIDS

Bidder's may modify their bids prior to the date and time specified for the bid opening. Telegraphic or facsimile modification of bids shall not be accepted unless the Request allowed such submission. Any modification must be so worded by the Bidder so as not to reveal the original amount of the bid.

13. WITHDRAWAL OF BID DUE TO ERROR (CONSTRUCTION)

a. Upon proper request and identification, bids may be withdrawn at any time prior to the date and time for the bid opening.

b. The attention of all Bidders is directed to the Code of Virginia, Section 11-54A(i) for the procedure to be followed on the withdrawal of bids due to error.

c. No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent.

d. If a bid is withdrawn under the authority of this section, the lowest remaining bid shall be deemed to be the low bid.

e. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

f. If the Purchasing Agent denies the withdrawal of a bid under the provisions of this section, the

Bidder shall be notified in writing stating the reasons for the decision and award of the contract shall be made to the Bidder at the bid price, provided the Bidder is a responsible and responsive bidder.

14. WITHDRAWAL OF BID DUE TO ERROR (OTHER THAN CONSTRUCTION)

a. Upon proper request and identification, bids may be withdrawn at any time prior to the date and time set for the bid opening. If the Purchasing Agent denies the withdrawal of a bid, the Bidder shall be notified in writing stating the reasons for the decision. Award of the contract shall be made to the Bidder at the bid price, provided the Bidder is a responsible and responsive bidder

b. Bidders may request withdrawal of their bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein. The bidder shall give written notice to the Purchasing Agent of a claim to withdraw the bid prior to the award of the contract or issuance of the purchase order. The cause and nature of the mistake shall be stated in the claim to withdraw.

c. A minor defect or variation, ("an informality not affecting price, quantity, quality, delivery or contractual conditions"), in a bid or proposal that does not prejudice other bidders may, at the discretion of the Director of Purchasing, be waived or the bidder required to correct the informality.

d. If a bid is withdrawn under the authority of this section, the lowest remaining bid shall be deemed to be the low bid.

e. No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same Bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

15. SUBMISSION OF POST-BID INFORMATION

Bidders being considered for award of a contract may be required to file a Contractor's Qualification

Statement (AIA Document A305) and/or provide other such additional information as the OWNER may request to assist it in determining the Contractor's qualifications to satisfy its obligations under the Request. Bidders requested to file such a statement or provide such additional information shall be given 48 hours in which to file the completed statement with the OWNER. The OWNER shall determine whether such information permits the bidder to be considered as a responsible bidder in accordance with Section 11-37 of the Code of Virginia. Factors which may be considered in arriving at this determination may include the financial stability and solvency of the Bidder; experience in completing work of a nature and scope similar to the work being bid; performance and/or workmanship on previous contracts; ability to provide quality and timely maintenance, service or parts;

and life cycle cost of a product or service.

16. CONTRACTOR REGISTRATION/TOWN LICENSURE

If required to perform the work in this Request, the Bidder certifies that the Bidder has the appropriate License or Certificate and classification(s) required to perform the work included in the scope of the bid documents, prior to submitting the bid, in accordance with Title 54.1, Chapter 11 of the Code of Virginia and in accordance with the laws, rules and regulations of the Commonwealth of Virginia, Department for Professional and Occupational Regulation, Virginia Board for Contractors in granting the License or Certificate and classifications. If required for the work called for in the Request, the Contractor shall also obtain a License from the Town of Ashland treasurer’s office.

17. REGISTRATION OF CORPORATIONS

Foreign corporations transacting business in Virginia shall be required to secure a certificate of authority from the State Corporation Commission prior to signing any contract with the OWNER.

18. PROPRIETARY INFORMATION

Trade secrets or proprietary information submitted by a Bidder in connection with a Request shall not be subject to public disclosure under the Virginia Freedom of Information Act if the Bidder invokes the protection of this section prior to or upon submission of the data or the materials, identifies the data or other materials to be protected and states the reason why protection is necessary (Section 11.52 D of the Code of Virginia). Any information considered proprietary and any copyrighted material shall be submitted in a separate section of the bid and be clearly identified as proprietary and/or copyrighted information.

19. TERMINATION FOR CONVENIENCE

Unless otherwise stated, any resultant contract may be terminated by the OWNER, in whole or in part, whenever the OWNER determines that such a termination is in its best interests. Any such termination shall become effective on the date stated in a written notice of termination mailed to the Contractor at least five days prior to the stated termination date. The notice of termination shall state the extent to which performance shall be terminated. The Contractor shall be paid for all goods delivered or services successfully completed prior to the termination date. Any resultant contract shall terminate immediately upon failure of the Town Council to appropriate sufficient funds for its continuation.

20. SAMPLES

Evidence in the form of samples may be requested if the brand bid is other than that specified. When requested, samples must be furnished free of cost to the OWNER, within seven days of written request, and will, if not used or destroyed in testing and upon request, be returned at the Bidder's expense within 30 days of bid award.

21. LICENSES, PERMITS AND FEES

The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Work which are legally required prior to and during the work, unless otherwise specified by the OWNER in the Request.

22. COPYRIGHTS OR PATENT RIGHTS

By submitting a bid, the Bidder certifies that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the commodities or services to be ordered as a result of the Request. The successful bidder shall, at his own expense, defend any and all actions or suits charging such infringement, and will save the OWNER, its officers, employees, and agents harmless from any and all liability, loss, or expense occasioned by any such violation.

23. DELIVERY

Time is of the essence for any orders placed as a result of this Request. The OWNER reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified in the Request. All items shall be delivered F.O.B. destination, and delivery included in the bid price. Failure to do so may be cause for rejection of bid. The Bidder shall assume all liability and responsibility for the delivery of merchandise in good condition to the specified delivery location(s).

24. TAXES

The OWNER is exempt from Federal Excise and State Sales and Use Tax on all tangible personal property purchased or leased by it for its use or consumption. The Contractor shall pay all County, City, State and Federal taxes required by law enacted at the time bids are received and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be in addition to the contract price between the OWNER and the Contractor, as the taxes shall be an obligation of the Contractor and not of the OWNER, and the OWNER shall be held harmless for same by the Contractor.

Exemption certification will be supplied upon request.

25. ACCEPTANCE OF MATERIAL

The goods/services delivered under this bid shall remain the property of the seller until a physical inspection or actual usage of the goods/services is made and thereafter accepted to the satisfaction of the OWNER. The goods/services must comply with the specifications and terms and conditions of the Request and be of the highest quality. In the event the goods/services supplied to the OWNER are found to be defective or not to conform to specifications, the OWNER reserves the right to cancel the order upon written notice to the seller and return products to seller at the seller's expense.

26. CHANGE ORDERS

Any changes to an existing contract or purchase order must be approved in advance through issuance of a written change order by the Purchasing Agent. The OWNER will not assume responsibility for the cost of any changes made without issuance of a written change order.

27. PAYMENT TERMS

A minimum of 30 days after receipt of an approved invoice by the OWNER shall be allowed for payment. If a discount is offered for prompt payment and minimum of 20 days after receipt by the OWNER of an approved invoice is allowed for payment to qualify for the discount, the discount will be considered a factor in evaluation of the bid. For the purpose of earning the discount, payment is deemed to be made on the date the check is mailed by the OWNER. If terms are not stated, the OWNER's terms of a 2% discount for payment within 20 days of receipt of an approved invoice shall apply.

28. CONTRACTOR RESPONSIBILITY FOR DAMAGE TO PROPERTY

The Contractor shall be responsible for damages to property caused by work performed under the

CONTRACT or Purchase Order. The Contractor shall repair to proper working order or replace, to the OWNER's satisfaction, any property damaged either directly or indirectly by its actions.

29. PERFORMANCE AND PAYMENT BONDS

a. When specifically required in the Request, if the contract amount exceeds $100,000, the successful bidder shall furnish a Performance Bond and a Payment Bond, in the form acceptable to the OWNER.

Bonds must be furnished prior to the performance of any work under the CONTRACT.

b. Bonds shall comply with the Code of Virginia and each shall be in an amount equal to 100 percent of the contract amount, unless otherwise specified in the bid documents. The Surety shall be a company authorized to transact business in the Commonwealth of Virginia. Documents evidencing current authority of attorney-in-fact of surety shall be attached to the bonds.

30. OWNERSHIP OF DOCUMENTS

a. The Contractor agrees that all finished or unfinished information or materials, documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by or for it under any resultant contract shall, at the option of the OWNER, become its property and shall be delivered to and remain the property of the OWNER upon completion of the work or termination of the Contract. The OWNER shall have the right to use and reproduce the data and reports submitted hereunder, without additional compensation to the Contractor.

b. Any art work provided to the Contractor by the OWNER shall be returned to the OWNER upon delivery of the final products and/or services. Any art work, negatives, proofs, etc. produced by the Contractor in order to supply the products or services contracted for shall become the property of the OWNER and shall be sent to the OWNER upon delivery of the final products and/or services unless otherwise requested by the OWNER. Failure to deliver the art work, negatives, proofs, etc. shall be cause for withholding any payment due.

31. COMPLIANCE WITH ALL REQUIREMENTS

The Contractor shall comply with all applicable Federal, State and Local laws, codes and regulations.

The Contractor shall give notice and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work.

32. LEGAL PROCEEDINGS

Any legal proceedings arising out of or related to this Request shall be filed by the parties in the

Hanover County General District Court or the Hanover County Circuit Court.

33. NON-DISCRIMINATION

a. If this CONTRACT exceeds $10,000, during the performance of this CONTRACT, the Contractor agrees as follows:

b. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin 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 non-discrimination clause.

c. 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.

d. 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.

e. The Contractor will include the provisions of the foregoing paragraphs a., b. and c. in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

34. CONTRACTUAL CLAIMS

Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based.

Any notice or claim shall be delivered to the Town Manager, 101 Thompson Street, Town of Ashland, Virginia 23005-4600 and shall include a description of the factual basis for the claim and a statement of the amounts claimed or other relief requested. The Town Manager shall render a decision on the claim and shall notify the Contractor within 30 days of receipt of the claim. The Contractor may appeal the decision of Town Manager to the Town Council by providing written notice to the Town Manager, within 15 days of the date of the decision. The Town Council shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision shall be final unless the Contractor appeals the decision in accordance with the Virginia Public Procurement Act and any other applicable requirements. Invoices for all services or goods provided by the Contractor shall be delivered to the OWNER no later than 30 days following the conclusion of the work or delivery of the goods.

35. PAYMENTS TO CONTRACTORS

In accordance with Virginia Code Section 11-62.11 the Contractor agrees that:

a. Should any subcontractor be employed by the Contractor for the provision of any goods or services under this Contract, the Contractor agrees to the following:

i. The Contractor shall, within seven days after receipt of any payments from the OWNER pursuant to this Contract, either:

(a) Pay the subcontractor for the proportionate share of the total payment received from the

OWNER attributable to the goods or services provided by the subcontractor; or

(b) Notify the OWNER and the subcontractor, in writing, of the intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment. Written notice shall be given to: Town Manager, P.O. Box 1600, Ashland, Virginia 23005-4600.

ii. The Contractor shall pay interest to the subcontractor, at the rate of one percent per month on all amounts owed to the subcontractor that remain unpaid after seven days following receipt of payment from the OWNER for goods or services provided under this Contract, except for amounts withheld under subparagraph i(b) above.

iii. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

iv. The Contractor's obligation to pay an interest charge to a subcontractor shall not be an obligation of the OWNER.

v. No contract modification shall be allowed for the purpose of providing reimbursement for these interest charges. No cost reimbursement claim shall include any amount for reimbursement of these interest charges.

b. The Contractor shall provide, in the space provided or directed in the Request, (i) its social security number if an individual, or (ii) its federal employer identification number if a proprietorship, partnership or corporation.

36. INDEMNIFICATION

To the fullest extent permitted by law, the Contractor, for itself, heirs, representatives, successors and assigns agrees save, defend, keep harmless and indemnify the OWNER, and all of its officials, agents and employees (collectively, the "OWNER") from and against any and all claims, loss, damage, injury, costs (including court costs and attorney's fees), charges, liability or exposure, however caused, resulting from, arising out of or in any way connected with the Contractor's performance (or nonperformance) of the agreement terms or its obligations under this agreement.

37. ADDITIONAL TERMS, CONDITIONS AND INSTRUCTIONS BINDING

These ADDITIONAL TERMS, CONDITIONS AND INSTRUCTIONS shall be binding on all bidders and are incorporated by reference in all contracts resulting from any Quote or Invitation to Bid issued to which attached.

38. We will base the unit price adjustment for asphalt paving mix on the same state wide index as the

Virginia Department of Transportation computes monthly in accordance with Special Provision S109G02-0708. Bids shall be based on the current index price as published by VDOT.

39. In the event a portion of the work is in an area of the railroad right-of-way or a nearby area that affects railroad operations, the contractor will be responsible for providing additional insurance as required by the railroad. The cost of railroad flagmen will be paid by the Town.

SCOPE OF WORK

Sealed bids for asphalt paving work, subject to the specifications and conditions attached hereto, will be received by the Town of Ashland at the office of the Purchasing Agent until, but not later than, 11:00 a.m. on

Tuesday, August 18, 2026, and then publicly opened and read aloud. The scope of work consists of furnishing and installing asphalt for small projects ranging in size as small as 100 s.f. up to 30,000 s.f. and performing pavement maintenance for small areas. Work resulting from this Invitation for Bidders will be assigned between the date of award through August 31, 2027. No Bid Bond is required for this bid.

SCOPE OF WORK: Work assigned under this contract may include, but will not be limited to, paving parking lots, overlay pavement on secondary roads, paving foot/bike trails, patching utility cuts in road, asphalt sidewalks, ditches and paving or repair of miscellaneous paved areas. Except in the case of an emergency, the

Town will accumulate small projects to maximize work during a mobilization. Larger projects may be assigned one at a time.

TRAFFIC CONTROL: The contractor shall provide the following items for traffic control when needed. Note that these items may not be needed for all projects.

• Flaggers

• Cones

• Barrels

• Detour signs

If a message board or crash cushion is required, the Town may provide it if one or either is not available to the

Contractor.

BID

Proposal of ___________________________________ (hereinafter called "BIDDER"), organized and existing under the laws of the State of ______________ doing business as _____________________*, to the

Town of Ashland, Virginia (hereinafter called "OWNER").

In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform the necessary work for the OWNER, PAVING FY 21-07, in strict accordance with the contract documents, within the time set forth therein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to its own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence and complete WORK in accordance with each the NOTICE TO

PROCEED, and as detailed in this contract.

BIDDER acknowledges receipt of the following ADDENDUM:

*Insert "a corporation", "a partnership", or "an individual" as applicable.

Registration title or specialty description____________________________________________________

The undersigned hereby proposes and agrees to furnish all the necessary work for the Town of Ashland in accordance with all applicable Federal, State and local law, ordinances, rules and regulations. All amounts shall be stated in both words and figures in the blank for total bid amount. In case of a discrepancy, words shall govern.

VIRGINIA REGISTRATION NO.

CLASSIFICATION _________________________

VALID UNTIL ____________________________

(Date)

SUBMITTED BY:

Contractor Va. Registration No.

By: ___________________________________Title: _____________________________

Business Address

City State Zip Code

Date

(SEAL)

If Bid is by a Corporation

Project No. 2026-0723

For Constructing Asphaltic Concrete Paving

Date

BID SCHEDULE

DEPARTMENT OF PUBLIC WORKS

TOWN OF ASHLAND, VIRGINIA

This bid is for an on-call contractor. Below are bid forms for three types of typical projects. One, several or none of each type of project may not be awarded during the contract period. Please place your bid prices for each of the typical projects below. No Bid Bond is required for this bid.

Bid pricing will be evaluated in accordance with the estimated quantities provided below. Estimated quantities are included for evaluation purposes only and should not be interpreted as any guarantee of work to be provided in the resulting contract. Bid prices shall be based on the current index price as published by VDOT.

Typical Small-Sized Project

Example Project: Repair and overlay a utility line trench.

Item

No

Item Quantity Unit Unit Cost Total Cost for Item

1A Small Quantity Asphalt Pavement Mix (BM-25.0A):

0 to 25 Tons/Visit

5 Tons

2A Small Quantity Asphalt Pavement Mix (SM-9.5A or

D): 1 - 25 Tons/Visit

3 Tons

3A Pavement Milling Under 200 SY-IN 30 SY-

IN

4 Liquid Asphalt Prime Coat 7 GAL

TOTAL

Typical Medium-Sized Project

Example Project: Restore/Repair 30’x 30’ intersection and overlay.

Item

No

Item Quantity Unit Unit Cost Total Cost for Item

1B Mid-range Quantity Asphalt Pavement Mix (BM-

25.0A): 26 - 100 Tons/Visit

26 Tons

2B Mid-range Quantity Asphalt Pavement Mix (SM-

9.5A or D): 26 - 100 Tons/Visit

Tons

3B Pavement Milling Under 200 SY-IN 165 SY-

4 Liquid Asphalt Prime Coat 12 GAL

5 Cover Material (Sand) for Prime Coat 2 TON

6A Demo, Remove & Dispose of Existing Asphalt up to

4” thick – up to 50 SY

SY

Typical Larger-Sized Project

Example Project: Rebuild part of road and overlay pave road 450’ length x 25’ wide. .

Item

No

Item Quantity Unit Unit Cost Total Cost for Item

1C Larger Quantity Asphalt Pavement Mix (BM-

25.0A): 101 - 500 Tons/Visit

101 Tons

2C Larger Quantity Asphalt Pavement Mix (SM-9.5A

& D): 101 - 500 Tons/Visit

Tons

3C Pavement Milling Over 201 SY-IN 201 SY-

4 Liquid Asphalt Prime Coat 130 GAL

5 Cover Material (Sand) for Prime Coat 20 TON

6B Demo, Remove & Dispose of Existing Asphalt up to

4” thick – over 49 SY

Unit Prices Item

No.

Item Units Price per unit

1A Small Quantity Asphalt Pavement Mix (BM-25.0A):

0 to 25 Tons/Visit

Tons

1B Mid-range Quantity Asphalt Pavement Mix (BM-

25.0A): 26 - 100 Tons/Visit

Tons

1C Larger Quantity Asphalt Pavement Mix (BM-

25.0A): 101 - 500 Tons/Visit

Tons

1D Very Large Quantity Asphalt Pavement Mix (BM-

25.0A): Over 500 Tons/Visit

Tons

2A Small Quantity Asphalt Pavement Mix (SM-9.5A or

D): 1 - 25 Tons/Visit

Tons

2B Mid-range Quantity Asphalt Pavement Mix (SM-

9.5A or D): 26 - 100 Tons/Visit

Tons

2C Greater Quantity Asphalt Pavement Mix (SM-9.5A or D): 101 - 500 Tons/Visit

Tons

2D Very Large Quantity Asphalt Pavement Mix (SM-9.5

A or D): Over 500 Tons/Visit

Tons

3A Pavement Milling Over 201 SY-IN SY-IN 3B Pavement Milling Under 200 SY-IN SY-IN 3C Pavement Milling Over 501 SY-IN SY-IN 4 Liquid Asphalt Prime Coat GAL 5 Cover Material (Sand) for Prime Coat Tons

6A Demo, Remove & Dispose of Existing Asphalt up to

4” thick – up to 49 SY

SY

6B Demo, Remove & Dispose of Existing Asphalt up to

4” thick – 50 SY or more

7 Credit for milled material Tons

By

Name of Individual, Firm or Corporation and Address Name of Officer

Signature of Officer

No Bid Bond is required for this bid.

Note: Bidders must register with the Purchasing Agent to bid on this project. To register, provide contact person name, company name, phone number and email address to the Purchasing Agent: email bcornelius@ashlandva.gov or call 804-798-9219 ext. 222.

mailto:bcornelius@ashlandva.gov

SPECIFICATIONS

SECTION 02510

ASPHALTIC CONCRETE PAVING

PART 1 GENERAL

1.01 SECTION INCLUDES

A. Asphaltic concrete paving, wearing…