Bristol EMERGENCY Road Clearing Services Snow 2025 Zones A & B Bid revPackage.pdf

REQUEST FOR QUOTE

EMERGENCY ROAD CLEARING SERVICES

Interstates in Zone A & B

Washington and Smyth Counties

Posted Date: 1/13/2025

To be considered, respond by: 01/17/2025 5:00 PM EST

Email responses to: Matthew.Lewis@VDOT.Virginia.gov

Hand Deliver responses to:

VDOT

2111 Bonham Road, Bristol, VA 24201 Attn: Matthew Lewis

This solicitation is subject to the provisions set forth in the scope of work and the DGS/DPS Vendors Manual which is accessible on the Internet at www.eva.virginia.gov under the “I Sell to Virginia” tab, and the Special Terms and Conditions as included herein.

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid.

Date: Printed Name:

My signature on this Request for Quote indicates that I will comply with all terms and conditions, and I agree to furnish the goods/services at the price(s) indicated on the pricing schedule.

Bidder’s Signature:

Fax Number:_______________________________ Bidder’s Company Name:___________________________________________ Phone Number:_____________________________ Email:_____________________________________ Bidder’s Address: __________________________________________________Contact:__________________________________________ http://www.eva.virginia.gov/

Bid Line # Zones A & B Description Unit of Measure

Estimated Quantity

Minimum Amount of Equipment Needed

Extended Quantity Unit Price Extended Price

Light Duty Wrecker rated up to 8,000 lbs. HR 50 4 200

Heavy Duty Wrecker rated up to 26,000 lbs. HR 50 4 200

Welfare Check Vehicle:

4X4 Pickup or SUV w/ trailer and UTV or All- Terrain Vehicle HR 50 4 200

Grand Total

Emergency Road Clearing Services

Washington & Smyth Counties

Administrative Services Division - Bristol District/Interstate Maintenance Office

Emergency Road Clearing Services

TABLE OF CONTENTS

Page

I. Purpose 2

II. General 2

III. Specifications/Contract Requirements 2

IV. Method For Payment 4

V. Invoicing 4

VI. General Terms and Conditions 5

VII. Special Terms and Conditions 12

Attachments:

A – Equipment Inventory Certification - Fillable Attachment

B – Vendor State Corporation Commission Form – Fillable Attachment

C – Normal and Emergency Contacts - Fillable Attachment

D – Subcontractor Approval Request - Fillable Attachment

RESOURCES BY REFERENCE

2. General Term and Condition CC: Link to VDOTU. Log in and search for “VDOT Workplace Civility Training

1. General Term and Condition C.1.(d): Link to Referenced Sexual Harassment Training https://virtualcampus.vdot.virginia.gov/ https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training

Washington & Smyth Counties

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”), an agency of the Commonwealth of Virginia, is soliciting bids from qualified firms to provide wreckers and wellness check equipment with experienced, licensed operators to perform emergency road clearing services as needed on VDOT maintained Interstate routes, entrance and exit ramps, and associated detour routes in accordance with the specifications contained herein. Work shall be performed at the following locations:

I-381 Washington County mile marker 0 to mile marker 2 and I-81 Washington County mile marker 0 (TN State Line) to mile marker 34.2 and I-81 Smyth County mile marker 34.3 to mile marker 54

AWARD TO MULTIPLE BIDDERS: The Commonwealth reserves the right to make multiple awards as a result of this solicitation. The award(s) will be made to bidder(s) meeting the requirements of the solicitation whose prices are deemed fair and reasonable. The Commonwealth reserves the right to conduct any tests it may deem advisable and to make all evaluations. The Commonwealth also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

Bids will be evaluated immediately upon receipt. Bidders may bid as few as 1 (one) piece of equipment listed; it is not necessary to bid on each line item. Bidder(s) shall indicate the number of equipment bid by completing Attachment D with the quantities available in each category. Awards will be made until VDOT reaches the desired number of equipment for each line.

PERIOD OF CONTRACT: The contract will be from date of award until April 30, 2025.

II. GENERAL:

For the purpose of clarification, each firm receiving this Invitation for Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the goods and services is referred to as a “Contractor.” Virginia Department of Transportation is referred to as “Department” or as “VDOT,” and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bid states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

III. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: During severe weather and emergency operations, it may become necessary to use staged equipment to be available to clear roadways of vehicles (i.e. stalled, abandoned, stuck, etc.) The Contractor shall provide equipment with experienced operators, labor, supervision, fuel, transportation (mobilization), tools, materials, supplies, and incidentals as necessary for performing safe and efficient road clearing operations. These services shall be available on an on-call as needed basis, 24 hours a day, from the date of award through April 30, 2025. Payment for services will be at an Operational Rate.

Staging location and start time will be provided when contacted by the VDOT representative. The staging location may be changed to meet the needs of VDOT.

B. SPECIFICATIONS & STANDARDS:

1. All work shall be performed following the direction given by the VDOT Contract Administrator or designee.

Washington & Smyth Counties

2. All work performed shall be in conformance with the current version of the Virginia Work Area Protection Manual (VWAPM) dated 2011 Edition Revision 2.1 or latest edition.

3. The Contractor’s equipment and personnel shall meet Occupational Safety & Health Administration (OSHA) and Virginia Occupational Safety & Health (VOSH) standards. The Contractor shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations for the duration of this contract.

4. The Contractor shall be in full compliance with all applicable Federal Motor Carrier Safety Administration and Virginia State Inspection and Licensing requirements, laws, and standards.

C. BID PRICES: All bidders shall complete and submit Vendor Qualification/Equipment Inventory Certification Fillable Attachment A with their bid to include the year, make, model, and capacity of each piece of equipment to be utilized under this contract. The unit price shall be an hourly rate and shall include the cost of vehicle, supervision, fuel, communication devices, mechanical services and any other incidental costs associated.

D. CONTRACTOR REQUIREMENTS:

1. The Contractor shall own, possess, or have available the equipment necessary to perform the work under the terms of this contract. The equipment bid shall be of equal size, or larger, as specified on the Bid Lines and within the specifications of this IFB, suitable for the intended purpose and provide the same or approved equal specifications and capabilities. For each piece of equipment offered, the Contractor shall provide properly-licensed operators. VDOT in its sole discretion shall determine whether the equipment offered by Bidders is considered equal to that named herein.

2. The Contractor shall have all applicable equipment licensed, operational, and insured (see General Term and Condition T) as required for the term of the contract.

3. The Contractor shall be responsible for repairing any damage to VDOT property as a result of the actions of the Contractor’s equipment or operators.

4. The quantity of equipment to be mobilized will be directed by the Contract Administrator or designee based on the level of response required for each event. Additional quantities of equipment may be used if they are needed and available from the contractor.

5. Environmental cleanup due to spilled or leaked chemicals from Contractor’s equipment shall be the responsibility of the Contractor.

E. EQUIPMENT DESCRIPTIONS: All of the Contractor’s equipment shall meet the minimum requirements listed below.

1. TOWING SERVICE: Towing services requested under this contract will be used to assist and/or move vehicles that are stuck or otherwise impeding the flow of traffic from the roadway during winter weather events; however, these services may be requested to assist during other cr i t ica l events as determined by VDOT. Note: Towing as a result of an accident will be handled by the State Police and will not be covered by this contract. Vehicles shall be relocated off the travel portion of the roadway to a safe location. In most cases, vehicles will not be towed to a storage location. Towing equipment furnished shall be solely dedicated to VDOT for the entire event, beginning from the time VDOT requests the equipment to be in place until the equipment is released by VDOT. While performing duties under this Contract, the Contractor shall not perform, or offer to perform, any operations at the direction of any private individuals or corporations using equipment being utilized under this contract. The Towing Contractor shall bill VDOT at the hourly rate listed on the price schedule. The Towing

Washington & Smyth Counties

Contractor shall not bill vehicle owner nor any other party for any charges associated with work performed while working under this agreement.

2. WELLNESS CHECKS: Wellness Check vehicles shall be solely dedicated to VDOT for the entire event beginning from the time VDOT request the equipment to be in place until equipment is released by VDOT. Wellness Check UTV’s or All-Terrain Vehicles while performing duties on limited access right-of-way under this Contract shall be accompanied at all times by an Emergency Vehicle or other State Agency such as VDOT, VSP, or VDEM. The UTV’s or All- Terrain Vehicles shall be capable of hauling up to four (4) people in the cab to relocate them to a safe location. When this occurs the owner will be responsible for retrieving their vehicle when conditions are safe. This will be at no cost to VDOT.

F. EQUIPMENT REQUIRMENTS:

1. All equipment shall operate in compliance with the Virginia Work Area Protection Manual and shall be equipped with all required signs and lights.

2. In the event the Contractor’s vehicle becomes immovable or out of service, the Contractor shall immediately notify the Contract Monitor or Administrator to which they are assigned. No payment will be authorized until the vehicle is back in operating status. The Contractor, not VDOT, shall be responsible for rescuing their equipment should it become immovable. The Contractor shall have a maximum of one (1) hour (60 minutes), from the time the breakdown was reported, to either replace the broke down piece of equipment with an equal piece of equipment or have it back in operation.

3. VDOT will not be responsible for any damage to the Contractor’s vehicles, equipment, tools, rented or leased equipment as a result of work being performed under this contract.

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

5. The equipment bid by Bidders shall be of equal size, or larger, as specified on the Bid Lines and within the specifications of this IFB, suitable for the intended purpose, and provide the same or approved equal specifications and capabilities.

G. PERSONNEL:

1. Experienced, Qualified Operators/Laborers: The Contractor shall provide fully trained and qualified operators to operate the wreckers who shall have at least 2 years experience performing towing services for heavy equipment. The operators shall be registered through the Department of Criminal Justice Services (DCJS). The DCJS provides statutory oversight of individuals who drive a tow truck in the Commonwealth of Virginia, and DCJS is responsible for providing technical assistance to their constituents. Tow truck drivers are required to have their tow truck driver registration document in their possession when driving a tow truck.

NOTE: It is a Class 3 misdemeanor to drive a tow truck without having a valid license or DCJS registration. https://www.dcjs.virginia.gov/licensure-and-regulatory-affairs/tow-truck-drivers.

Operators must be properly licensed and adhere to all applicable Federal and State Motor Vehicle regulations. Failure to comply with this request constitutes unsatisfactory performance and may result in cancellation of the contract and/or non-payment for hours worked. VDOT reserves the right to check driver’s license validity with Virginia’s Department of Motor Vehicles at any time during the contract period.

2. EQUIPMENT MECHANIC: The Contractor shall have a mechanic available during emergency operations to keep the Contractor’s trucks and equipment in proper working condition. The mechanic shall be capable of working on any piece of equipment furnished by the Contractor.

https://www.dcjs.virginia.gov/licensure-and-regulatory-affairs/tow-truck-drivers

The Contractor’s mechanic shall not use nor operate VDOT owned equipment, tools, supplies, radios, or telephones at any time to repair Contractor owned equipment.

3. COMMUNICATION EQUIPMENT: All equipment operators shall have in their possession an appropriate means of communication. Appropriate communications is defined as a functioning, compatible cellular phone or radio communications (other than citizen band). All communication equipment shall be provided by the Contractor at no additional cost to VDOT.

I. RESPONSE REQUIREMENT:

1. CALL-IN NOTIFICATION: VDOT will contact the Contractor’s listed number at the beginning of the event as notification for the Call-in. VDOT will give the Contractor as much advance notice as possible, however, the Contractor shall be able to report to the VDOT work area within one (1) hour of notification. See Fillable Attachment C – Normal and Emergency Contacts.

2. CONTINUOUS OPERATION REQUIREMENT: The Contractor shall provide a continuous operation once work has commenced, with the exception of interruptions caused by delays authorized by the Contract Administrator or designee. The Contractor shall provide sufficient equipment and personnel to complete the work within the timeframe specified. Performing maintenance or repairs to the Contractor’s equipment or re-fueling equipment shall not cause interruptions.

3. STANDBY TO ACTIVE REQUIREMENT: Any vehicles that have been directed to remain in

Standby Status shall commence active operations immediately of being directed by the Contract Administrator or designee.

4. DEMOBILIZATION/CHECK OUT REQUIREMENT: At the conclusion of the event, the Contractor’s operators shall report back to their assigned location. The Supervisor will verify time for each piece of equipment with the Contract Administrator or designee on a VDOT provided timesheet.

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 on the Purchase Order 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.

OPERATIONAL RATE: Payment for Operational Rate will be a flat rate paid during active emergency operations for any time a Contractor is requested and reports to work. Includes “Active” engagement as well as time when mobilized, but not actively participating “Standby Time.” The Operational Rate shall include the cost for vehicles, equipment, miscellaneous equipment, operators, fuel, supplies, tools, chains, and any other equipment or incidentals needed to perform the contracted services. Payment will only be allowed to be invoiced after the close of an emergency event.

V. INVOICING:

Invoices shall be submitted within 10 calendar days of completion and acceptance of each event. Invoices shall not be submitted for an event prior to the closure of each event. Invoices shall include the event number, contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing mailto:edi@doa.virginia.gov schedule. No payment will be made for work in progress on the prescribed payment dates. Daily Sheets signed by the VDOT Contract Monitor shall be included with invoice as proof of hours. Invoices shall be sent to:

Virginia Department of Transportation Bristol Interstate Maintenance Office

Attn: Katelin Wright 2111 Bonham Rd.

Bristol, VA 24201

In lieu of mailing, invoices may be submitted as an attachment via email to: katelin.wright@vdot.virginia.gov and matthew.lewis@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 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.

mailto:katelin.wright@vdot.virginia.gov mailto:matthew.lewis@vdot.virginia.gov

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

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

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

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

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

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

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

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

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the Contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a

Contractor awarded a contract under this solicitation is hereby obligated:

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

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

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

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

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

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

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

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

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

L. QUALIFICATIONS OF (BIDDERS/OFFERORS): 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. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt, unless the Contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

c. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty.

Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: Omitted.

R. USE OF BRAND NAMES: Omitted.

S. TRANSPORTATION AND PACKAGING: Omitted.

T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the Contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

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

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

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

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

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

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND

ORDERS: The eVA Internet electronic procurement solution, web site portal eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

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

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

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

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at eva.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

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

Z. 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/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

AA. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

CC. CIVILITY IN STATE WORKPLACES: The Contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the Contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

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

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

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

DD. CONTRACT EXTENSIONS: In the event that the original term and all renewals of the contract expire prior to the award for a new contract for similar goods and/or services, the Commonwealth of Virginia may, with written consent of the Contractor, extend this contract for such a period as may be necessary to afford the Commonwealth of Virginia, a continuous supply of the identified goods and/or services.

VII. SPECIAL TERMS AND CONDITIONS:

1. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this invitation for bid/request for proposal, no indication of such sales or services to the Virginia Department of Transportation (VDOT) shall be used in the contractor's product literature, press releases or advertising nor shall the Contractor state in any of its advertising, press release or product literature that the Commonwealth of Virginia or VDOT has purchased or uses its products or services. The Contractor also shall not include VDOT in any client list in advertising and promotional materials.

2. AUDIT: The Contractor shall retain all books, documents, papers, accounting records, subcontracting records, and other evidence supporting any of the services performed, and the costs incurred, at all times during the contract period, and for five (5) years after payment of the final invoice or final audit, whichever is later. Such evidence shall be maintained at the Contractor’s office and made available to the Department at reasonable times. Such evidence will be subject to audit and inspection at any time by the Department.

3. BID PRICES: Bids shall be in the form of a firm unit price for each item during the contract period.

4. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, at any time.

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

6. CONTRACTOR IDENTIFICATION CARDS: The Contractor, the Contractor's supervisors and employees, and any subcontractors shall carry a valid government-issued picture identification card on them at all times when working on VDOT Right-of-Way or VDOT facilities and/or grounds.

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