Coleman Bridge HPU Integration.pdf

Administrative Services/Procurement

Hampton Roads District

Coleman Bridge HPU Integration

REQUEST FOR QUOTE

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EMERGENCY POSTING

REQUEST FOR QUOTE

Coleman Bridge HPU Integration

Hampton Roads District

Posted Date: October 30, 2026

To be considered, respond by: November 10, 2026 5:00 PM EST

Email responses to: ashley.stoll@VDOT.Virginia.gov

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 or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status, status as a military family, 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 or request for proposal.

Date: Printed Name:

My signature on this Emergency Posting Notice - 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.

Company’s Signature:

Fax Number:_______________________________

Company Name:___________________________________________ Phone Number:_____________________________

Email:_____________________________________

Company’s Address: ______________________________________________Contact:__________________________________________ http://www.eva.virginia.gov/

Coleman Bridge HPU Integration

REQUEST FOR QUOTE

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Administrative Services Division

TABLE OF CONTENTS PAGE #

I. PURPOSE 3

II. GENERAL DEFINITIONS 3

III. SPECIFICATIONS 3

IV. METHOD FOR PAYMENT 8

V. INVOICING 8

VI. GENERAL TERMS AND CONDITIONS 8

VII. SPECIAL TERMS AND CONDITIONS 16

ATTACHMENTS

A. VA State Corporation Commission – Fillable Form

B. Subcontractor Approval Request – Fillable Form

C. Normal and Emergency Contacts – Fillable Form

D. Contractor License Requirements– Fillable Form

E. Virginia Code Red Ozone Days

F. Special Provisions

G. CII-SSI-Form

REFERENCED TRAININGS

1. General Term and Condition C.1.(d): Link to Referenced Sexual Harassment Training

2. General Term and Condition CC: Link to VDOTU. Log in and search for “VDOT Workplace Civility Training https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training https://virginiadot.csod.com/login/render.aspx?id=defaultclp

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I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting quotes from qualified firms to modify the existing far side movable grating HPU starter box, install a new PLC control cabinet on Pier 1N and control cabinet on the far side span lock platform, remove all of the existing fully seated movable grating limit switches, install new movable grating fully seated limit switches at, install new fully raised movable grating limit switches and rotary cam limit switch at the far side span lock platform and integrate all of the new equipment into the existing PLC and control system in accordance with the

Contract Plans and the specifications contained herein.

The Commonwealth intends to make a single award as a result of this solicitation. The award will be made to a respondent meeting the requirements detailed in this request 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 quotes, in whole or in part 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.

Quotes will be evaluated immediately upon receipt.

PERIOD OF CONTRACT: The contract will be from date of award up to 6 months to complete the repairs, modifications and integration activities and services.

II. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor.” Virginia Department of Transportation is referred to as “Commonwealth” or “Department” or as “VDOT,” and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bids 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:

A. STANDARDS

1. All work shall be performed in accordance with the current versions of the following but not limited to:

a. AASHTO Load and Resistance Factor Design (LRFD) Movable Highway Bridge Design Specifications 3rd

Edition with all interim revisions.

b. VDOT Road and Bridge Specifications 2020:

(1) Division I – General Provisions except the following:

i. Sections 101 – 105, 108, and 109.02 – 109.10

(2) Section 226 – Structural Steel

(3) Section 231 – Paint

(4) Section 233 – Galvanizing

(5) Section 407 – Steel and Other Metal Structures

(6) Section 411 – Protective Coating of Metal in Structures

(7) Section 512 – Maintaining Traffic

(8) Section 513 – Mobilization

(9) Section 517 – Contractor Construction Surveying

(10) All other sections as referenced in the Contract Plans or Special Provisions.

(11) The contractor shall follow all regulations, standards, and procedures in accordance with the

Administrative Regulation Manual part III, Occupational Safety and Health Standards 1910.266, 16VAC25 -60-120 and 16VAC25-60-130 of the Virginia Department of Labor and Industry, all

Page | 4 applicable sections of the Assistance Program and Policy Guide Version 4 or most current, and the OSHA

Standards for General Industry Part 191.67(2)(viii).

2. Traffic Control: All traffic control shall conform to the latest edition/revisions of the Manual on Uniform Traffic

Control Device Standards (MUTCD), Virginia Work Area Protection Manual or the latest edition and the most current version of VDOT IIM-TE-386.1.

Virginia Work Area Protection Manual (VWAPM): https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/work-area-protection-manual-and-pocket-guide/

Portable Temporary Rumble Strips: This work may consist of employing Portable Temporary Rumble Strips

(PTRS) in support of work-zone flagging operations at locations or times designated herein, in the WAPM, VDOT

IIM-TE-386.1, or as directed by VDOT representative. IIM-TE-386.1 provides additional requirements and guidance beyond what is shown in the Virginia Work Area Protection Manual (VWAPM) for flagging operations on two-lane roadways.

The Contractor shall only use Portable Temporary Rumble Strips (PTRS) that are listed on the most current

VIRGINIA DOT Pre-Approved Traffic Control Device Listing. The list may be accessed at:

https://www.virginiadot.org/business/trafficeng-productlists.asp

Cost of Portable Temporary Rumble Strips, furnish, installation, maintaining and removal shall all be included in the unit price bid.

3. Safety Standards, Rules and Regulations: The Contractor shall comply with Occupational Safety & Health

Administration (OSHA) and Virginia Occupational Safety & Health (VOSH) standards. Additionally, the Contractor shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations. The Contractor shall ensure that all personnel and equipment comply with all OSHA and VOSH Standards as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes, but is not limited to, equipment having vehicular backup alarm systems and flashing lights and equipment that contains a roll-over protection system must be equipped with seat belts that shall be worn by the occupants while in use. All Contractor supplied equipment, tools, and personal safety equipment shall meet or exceed the safety standards specified for such items by the American National Standards Institute Manual (ANSI Z133.1-1994). Refer to Special Terms and

Conditions #33 Safety and Health Standards. The Contractor shall provide and ensure that all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment shall include, but not be limited to: hard hats, safety vests, steel toe safety footwear, chaps, face shields, gloves, glasses, etc. Failure to comply with a safety requirement constitutes reason to restrict the work performed under this contract. In addition, no hard hat or safety vest shall have the Virginia state seal or any reference to VDOT.

B. PERFORMANCE BASED SPECIFICATIONS

1. Refer to the Special Provisions attached. Attachment F.

C. CONTRACTOR’S GENERAL REQUIREMENTS:

1. Crews Provided: The contractor shall provide crews of sufficient size that can run simultaneously, as required for the completion of work. If the contractor is able to provide them additional crews may be requested.

2. Crew Definition: A crew will consist of the following but shall not be limited to: snooper truck, foreman, skilled labor, laborers, traffic control and operators etc. as needed to efficiently perform the scope of work. VDOT will approve equipment planned to be used in the execution of this work.

3. Contractor’s Capacity to Perform: The Contractor shall ensure their capacity to perform work under this contract, regardless of other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing http://www.virginiadot.org/business/resources/IIM/TE-386_USE_OF_PTRS.pdf http://www.virginiadot.org/business/resources/IIM/TE-386_USE_OF_PTRS.pdf https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/work-area-protection-manual-and-pocket-guide/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/work-area-protection-manual-and-pocket-guide/ http://www.virginiadot.org/business/resources/IIM/TE-386_USE_OF_PTRS.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.vdot.virginia.gov%2Fmedia%2Fvdotvirginiagov%2Fdoing-business%2Ftechnical-guidance-and-support%2Ftechnical-guidance-documents%2Ftraffic-operations%2FIIM212_7_368_1_2022_FINAL-508c_acc092722.pdf&data=05%7C02%7Cpam.sprouse%40vdot.virginia.gov%7C9df63acaceb84ec6525c08dce3b4d3ce%7C620ae5a94ec14fa086415d9f386c7309%7C1%7C0%7C638635612991348215%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=wZWiuE6zVXyLuhqMu5tS5C5juWsIKniOEOMFPbra3G4%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.vdot.virginia.gov%2Fmedia%2Fvdotvirginiagov%2Fdoing-business%2Ftechnical-guidance-and-support%2Ftechnical-guidance-documents%2Ftraffic-operations%2F2011_WAPM_REV_2_1.pdf&data=05%7C02%7Cpam.sprouse%40vdot.virginia.gov%7C9df63acaceb84ec6525c08dce3b4d3ce%7C620ae5a94ec14fa086415d9f386c7309%7C1%7C0%7C638635612991370249%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=yNzKXjGgfNIAzZagzeeUi5VjIqsPYojIDs6EWYo4ZzY%3D&reserved=0 https://www.virginiadot.org/business/trafficeng-productlists.asp

Page | 5 work within the timeframe required herein. The Contractor shall provide enough equipment with operators to perform services.

4. Signs or Advertisements: No signs or advertisements shall be posted on VDOT’s property without prior written approval by the VDOT Contract Administrator.

5. Cleanup and Disposal: All debris generated in the performance of this contract is the responsibility of the

Contractor and shall be removed from bridge each day and properly disposed of by Contractor, unless otherwise permitted by the Contract Administrator. Disposal costs shall be included in the bid prices. Debris shall be kept off the bridge deck and shoulders of the roadway, the walkways, center piers and platforms, as work progresses.

6. Contact Person: The Contractor’s assigned Supervisor and/or Crew Leader for the project, shall at all times keep a cellular phone capable of operating throughout the area covered by the contract. The Supervisor shall be available during the specified working hours for immediate contact and have the authority to take immediate action to correct conditions determined by VDOT to be unsafe, or otherwise not in accordance with the terms of the contract. The

Contractor must be able to communicate in English, orally and written, with VDOT personnel at all times. Changes in supervision shall be reported to VDOT in a timely manner to prevent loss of communication with the Contractor.

See Fillable Attachment C Normal and Emergency Telephone Contacts.

7. Work Zone Notification: The Contractor shall notify the appropriate Traffic Center before beginning work each day when working on any route to notify of work location and duration and any other information required by the Traffic

Center. The Contractor shall also call the center when work is completed for the day. The Contractor shall be responsible for all LCAMS and VAtraffic input and coordination. All work shall be in accordance with the latest version of the Hampton Roads Allowable Lane Closure document.

The Contractor shall immediately provide notification to the TOC for any accident that occurs within the work zone or for any personal injury which requires off-site medical attention (notification shall also be immediately made to the CA/CM). The Transportation Operations Centers will request the following information from the Contractor:

Route, county, location (termini), lane impacted (NBL, SBL, etc.), and cell phone number.

8. Accident and Injuries: The Contractor shall immediately notify the Contract Administrator for any accident that occurs within the work zone or for any personal injury which requires off-site medical treatment.

9. Protection of Persons and Property: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor’s work by ensuring all work/job areas are maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT’s property from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners.

D. CREWS/EQUIPMENT/MATERIAL

1. CREWS:

a. Experienced, Qualified Operators/Laborers: The Contractor shall provide experienced, properly trained, qualified operators for each piece of equipment listed. The operator of each piece of equipment shall possess a valid CDL license when required for the equipment being operated. The Contractor shall comply with all environmental regulations necessary to complete the project and shall ensure the overall safety of all personnel and VDOT property involved in incidental construction and restorative maintenance. The Contractor shall be required to provide employees that are able to communicate in the English language. The employees shall be required to demonstrate that they are capable of understanding directions and work requests in English for safe and effective operations.

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b. Flagger/Laborers: All flaggers/laborers shall be VDOT or American Traffic Safety Services Associates (ATSSA) certified and shall have certification cards with them while performing these duties. Certified flaggers shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the most current edition/revisions of the Virginia Work Area Protection Manual.

Flaggers shall speak only English while performing their job as a flagger and shall use sign paddles to regulate traffic in accordance with the requirements of the Virginia Work Area Protection Manual. The Contractor shall provide flagging paddles and hand-held two-way radios for communication between the flaggers. Flaggers found performing their duties improperly may have their certifications revoked. VDOT will check on a regular basis to ensure that flaggers have their certification cards. Flaggers shall be courteous and neat in appearance at all times according to the Virginia Work Area Protection Manual. When not being utilized in flagging operations, the flagger/laborer shall perform laborer duties. When used as a laborer, the person will be expected to perform manual labor such as cleaning pipe, shoveling stone, etc. Flaggers/laborers shall only be used in conjunction with other contractual duties under this contract with hired equipment projects.

c. Work Zone Traffic Control Training Requirements: The Contractor shall provide at least one (1) employee who, at a minimum, is verified by VDOT in Intermediate Work Zone Traffic Control for activities involving the installation, maintenance and removal of work zone traffic control devises for each crew. See Special Term and

Condition 44.

d. Crew Supervision: The contractor shall assign an individual as the Supervision Representative, whose name and cellular phone number shall be required prior to commencement of any work activities. The cellular telephone shall be capable of operating throughout the areas covered under this contract and be able to communicate effectively with Contract Administrator. It shall be the Contractor’s responsibility to completely supervise and direct the work of their employees, as well as any subcontractors that may be utilized. The

Supervision Representative shall be responsible for assigning and coordinating work, notifying the CA/CM of crew locations on a daily basis, processing daily/weekly reports, (as necessary) and general contract performance issues and have the ability to meet with VDOT representatives on site as needed.

e. Crew Conduct: The Contractor shall be responsible for the conduct of all personnel while on the work site. All personnel shall obey all rules and regulations. Inappropriate behaviors displayed by the Contractor’s employees, including, but not limited to, addressing stopped motorists for personal gain, or whistling or leering at motorists will not be tolerated. Any employees of the Contractor exhibiting inappropriate behavior will be barred from work sites permanently. Repeated incidents with inappropriate behavior from Contractor’s employees shall be grounds for termination of this contract and purchase orders associated with this contract at the discretion of VDOT.

Contractor’s employees shall refer all public questions concerning projects performed under this contract to the

Contract Administrator. Contractor’s employees shall communicate in a courteous and respectful manner to any landowner, citizen or any of the traveling public if approached with questions.

2. EQUIPMENT: Contractor shall possess, prior to award, sufficient equipment to perform the work described herein. Equipment shall be in good working order and capable of performing the work described herein.

a. Contractor’s Equipment: The Contractor shall provide all necessary equipment and tools of the trade to perform the scope of work as described herein.

b. Maintaining Equipment: The Contractor shall maintain and operate equipment designed for the operation(s) described herein and shall ensure the equipment is maintained in good repair and operating condition.

c. Fueled and Ready: The Contractor, at their expense, shall have equipment fueled and ready to begin operations prior to reporting to the work site.

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

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e. Arrow Boards: Shall be in compliance with the latest edition/edition of the Virginia Work Area Protection

Manual and VDOT Road and Bridge Specifications Manual, Section 512.

f. Truck-Mounted Attenuators: The crash cushion shall be crashworthy, conforming to the requirement of

National Cooperation Highway Research Program (NCHRP) Report 350, test level 3 and shall be in compliance with the latest edition/revisions of the VDOT Work Area Protection Manual and VDOT 2020 Road and Bridge

Specification Manual, Section 512. A copy of the certification shall be provided to the VDOT Contract

Administrator before use on a project/task. TMA usage can be in a stationary operation on multi-lane roadways and/or for mobile/moving lane closures.

g. Traffic Control Signs, Stands, Cones and Barrels: The Contractor shall supply, erect and dismantle traffic control signs, stands, signs and barrels in accordance with the Virginia Work Area Protection Manual. The

Contractor shall be responsible for proper display and removal of signs, stands, cones and barrels. In the event that Traffic Control devises are needed to remain in place during non-working hours or until project is completed, the Contractor may leave in place. The Contractor shall be responsible for proper erection and placement of all traffic control devices, as defined by VDOT policy. The cost of these devices shall be included in the bid line item prices.

All roll-up signs shall be made of retro-reflective roll-up material. All signs shall be mounted on sign stands that meet the performance criteria for portable sign stands contained in the National Cooperative Highway Research

Program (NCHRP) Report 350. The Contractor shall provide certification that signs stands chosen to be used during construction operations meet the NCHRP 350 performance criteria. A Federal Highway Administration

(FHWA) approval letter for the particular sign stands chosen, will serve as an acceptable means of certifying that the sign stands meet the NCHRP 350 performance criteria. FHWA approval letters may be obtained from the manufacturer of the sign stands.

E. HOURS OF WORK:

1. Starting Times and Schedules: Starting times and scheduled hours may vary and will be at the discretion of the

Contract Administrator. Most scheduled hours will Monday through Friday, during daylight hours (daylight hours are defined as one-half hour after sunrise to one-half hour before sunset).; however, the Contract Administrator reserves the right to alter work schedules as needed, there may be circumstances under which the Contractor may be required to work extended hours, nighttime hours or weekends to complete the ordinary maintenance work and planned scheduled work. During these times, the Contractor shall be paid at the normal rate.

Work activities shall only take place when weather conditions permit. Work activities shall cease when weather conditions are considered by VDOT or the Contractor to be hazardous for working, or for the traveling public.

All work is subject to Hampton Roads District’s current Allowable Lane Closure Hours and any revisions issued after award of this contract. It shall be the contractor’s responsibility to stay informed of the allowable work hours.

Allowable Lane Closure Hours: https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/technical-guidance-and-support/traffic-operations/work-zones/hampton-roads-allowable-lane-closure-hours-2025-12-

18_acc.pdf

2. Holidays: Work shall not be performed on any Federal or State observed holidays unless approved in writing by

Contract Administrator. If an observed holiday occurs on Saturday, the preceding Friday will be considered the holiday, and if it occurs on a Sunday, the following Monday shall be considered the holiday. If an observed holiday falls on a Friday, no work shall be performed from 12:00 noon on the preceding Thursday through 12:00 noon on the following Monday. If the observed holiday falls on a Monday no work shall be performed from 12:00 noon on the preceding Friday through 12:00 noon on the following Tuesday, unless otherwise approved by the Contract

Administrator.

3. Lane Closure Advisory Management System: The Contractor will be required to comply with VDOT Lane https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/technical-guidance-and-support/traffic-operations/work-zones/hampton-roads-allowable-lane-closure-hours-2025-12-18_acc.pdf https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/technical-guidance-and-support/traffic-operations/work-zones/hampton-roads-allowable-lane-closure-hours-2025-12-18_acc.pdf https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/technical-guidance-and-support/traffic-operations/work-zones/hampton-roads-allowable-lane-closure-hours-2025-12-18_acc.pdf

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Closure Advisory & Management System (LCAMS). Training and data entry will be the responsibility of the

Contractor for roadways that require lane closure notifications. The Contractor shall have a minimum of two (2) individuals trained to input lane closures into the LCAMS system. Training shall be completed within thirty (30) calendar days of issuance of Notice to Award. Further information regarding training opportunities may be obtained by contacting Contract Administrator, there will be no separate pay item for the training.

F. BID/PRICES:

1. Mobilization; Mobilization will be paid for at the contract lump sum price in accordance with section 513 of the

VDOT Road and Bridge Specifications.

2. Mechanical and Electrical Work; Mechanical and Electrical work will be paid for at the contract lump sum price.

This price shall include all of the mechanical and electrical work as shown on the Contract Plans and as specified herein, as required to complete the work or as directed by the Engineer. This price shall also include all materials, labor, and equipment required or incidental to the satisfactory completion of the work.

IV. METHOD FOR PAYMENT:

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

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

0473 or via email at: edi@doa.virginia.gov

V. INVOICING:

Invoices may be submitted monthly to the address as listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by a VDOT Representative and Contractor Foreman on an agreeable format.

Virginia Department of Transportation

Hampton Roads S&B Wayside

ATTN: Robert Hewitt

120 S. Military Hwy

Norfolk, VA 23502

In lieu of mailing, invoices may be submitted as an attachment via email to HamptonRoadsSBWayside@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”.

mailto:edi@doa.virginia.gov mailto:HamptonRoadsSBWayside@vdot.virginia.gov http://www.eva.virginia.gov/

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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, § 2.2-4343.1(E)).

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, veteran status, status as military family, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

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

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

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

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

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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: 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).

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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

Page | 12 the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

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

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

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

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

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

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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: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of

Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible for clearly and specifically identifying the product being offered and providing sufficient descriptive literature, catalog cuts, and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder 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 further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

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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…