IFB 158677 Specifications, Terms and Conditions.pdf

Administrative Services/ Procurement *Small Business Set Aside Award Priority* Wayside and ROW Mowing & Litter Removal Services Bath County

IFB# 158677

Issue Date: February 1, 2024 INVITATION FOR BIDS IFB# 158677

Title: Wayside and Right of Way Mowing and Litter Removal Services – Bath County Commodity Code(s): 98836 Location Where Work Will Be Performed: Bath County

Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Contract Officer: Pamela Turner Email: Pamela.Turner@vdot.virginia.gov Phone: (540) 332-7890

NOTE TO BIDDERS

Pre-Bid Teleconference: An Optional Pre-bid conference will not be held. Refer to Section V. for details.

Solicitation Closing Date and Time: 1:30 PM Eastern Time on February 12, 2024. Refer to Solicitation Section VIII. A. for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 2:00 PM Eastern Time on February 12, 2024. Refer to Solicitation Section VIII. B. for instructions on how to participate.

REMINDERS

1. Be sure to read and follow all instructions in the solicitation. Make certain bid pricing is not unbalanced.

2. Ensure all bid documents are completed and fillable attachments are uploaded with the bid submission.

Bid documents and fillable attachments include, but may not be limited to:

3. VA STATE CORPORATION COMMISSION FORM

4. NORMAL AND EMERGENCY CONTACTS

5. REFERENCES

6. SUBCONTRACTOR APPROVAL REQUEST

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.

Wayside and ROW Mowing & Litter Removal Services Bath County

TABLE OF CONTENTS Page(s)

I. Purpose 1 II. Questions Regarding this Invitation for Bid 1

III. General Definitions 1 IV. Specifications/Contract Requirements 1 - 7 V. Optional Pre-bid Conference 7

VI. Method of Payment 7 - 8 VII. Invoicing/Payment 8

VIII. Bidder’s Instructions and Public Bid Opening 8 - 10 IX. General Terms and Conditions 10 - 19 X. Special Terms and Conditions 19 - 29

ATTACHMENTS

A. Bath County Mowing and Litter Removal Locations & Location Specific Instructions

B. Location Specific Sketches (B-1 through B-2) 31 - 32 C. VA State Corporation Commission Form (separate fillable form)

D. Normal and Emergency Telephone Numbers (separate fillable form)

E. References (separate fillable form) F. Subcontractor Approval Request (separate fillable form)

RESOURCES BY REFERENCE

1. General Term and Condition C.1.(d): Anti-Discrimination Link to Referenced Training

2. General Term and Condition CC: Civility in State Workplaces Link to Referenced Training https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training https://www.virginiadot.org/business/virtualcampus.asp

Wayside and ROW Mowing & Litter Removal Services

I. PURPOSE: The Virginia Department of Transportation, herein referred to as “VDOT,” is soliciting bids from qualified firms to perform mowing, and litter removal services for various locations in Bath County for the Lexington Residency located in the Virginia Department of Transportation’s Staunton District, an agency of the Commonwealth of Virginia, in accordance with the specifications contained herein. Award will be made on a Grand Total basis.

PERIOD OF CONTRACT: The initial contract period is from March 16, 2024, or date of award whichever is later, to March 15, 2025 (renewable).

SMALL BUSINESS SET-ASIDE AWARD PRIORITY: This solicitation is designated as a set-aside in accordance with the Small Business Enhancement Award Priority as a Small Business Set-Aside Award Priority. Reference General Term and Condition, Para. Z, and Special Term and Condition Paragraph 1.

For further information, contact the Dept. of Small Business and Supplier Diversity (DSBSD) at http://sbsd.virginia.gov.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be submitted in writing to Pamela Turner at Pamela.Turner@VDOT.Virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 5:00 PM EST on February 6, 2024.

III. 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 “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.

IV. SPECIFICATIONS/CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: The Contractor shall furnish all labor, supervision, equipment, tools, parts, materials, traffic control, fuel, water, and incidentals necessary to provide mowing and litter control services on an as-needed basis. The anticipated timeframe for mowing will be from April 15 through November 15. Litter control services in at Warm Springs Overlook and downtown Hot Springs will be required for the entire twelve (12) months the contract is in effect. The quantity of off-season litter pick-ups may be reduced or eliminated by VDOT.

B. SPECIFICATIONS & STANDARDS: All work shall be performed following the direction given by the VDOT Contract Administrator, or designee. All traffic control shall conform to the latest edition of the Manual on Uniform Traffic Control Device Standards (MUTCD) and the latest edition of the Virginia Work Area Protection Manual (VWAPM). The Contractor’s equipment shall meet OSHA and VOSH standards. Additionally, the Contractor shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations.

http://sbsd.virginia.gov/ mailto:Pamela.Turner@VDOT.Virginia.gov

Wayside and ROW Mowing & Litter Removal Services

C. REQUIREMENTS, WITH WHICH THE CONTRACTOR SHALL COMPLY:

1. PERSONNEL REQUIREMENTS:

a. CONTRACTOR’S CAPACITY TO PERFORM: The Contractor shall ensure their capacity to perform work under this contract, regardless of other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the timeframe required herein.

b. EXPERIENCED, QUALIFIED PERSONNEL: The Contractor shall provide experienced, qualified and properly trained personnel to perform the requested work.

c. PRICE QUOTED: The price quoted shall be a lump sum amount for the satisfactory completion of all services required at the location per each occurrence and represents a combined total for all necessary equipment, operators, and ground crew to perform mowing and litter control operations, traffic control (including signs & stands), and including profit, all direct and indirect costs such as general and administrative costs, all supplies and safety equipment, transportation of equipment and personnel to all designated locations, and including the repair and/or replacement and removal of equipment. This shall also include the use of cellular phones and hand-held radios used by the Contractor to conduct business.

d. CONTACT PERSON: The Contractor shall assign a person as the Supervisory Representative who will have the authority to execute the contracted work. The Contractor shall provide the name, as well as additional personnel names and phone numbers who can be contacted 24 hours, seven (7) days a week in case of emergency. Reference the separate fillable form attachment titled Normal and Emergency Telephone Numbers, Attachment D.

e. SUPERVISION: It shall be the Contractor’s responsibility to completely supervise and direct the work of his employees, using his best skill and attention.

f. CELLULAR PHONES: The Contractor and all employees performing work shall carry a functional cellular telephone at all times during the performance of the contract, which is effective throughout the counties covered by the contract. The phone numbers for the contractor and employees performing work under the contract shall be made available to the Contract Administrator.

g. CONTRACTOR’S CONDUCT: The Contractor shall be responsible for the conduct of all Contractor’s and Subcontractor’s personnel while at the work site. Employees appearing to be under the influence of alcohol or drugs shall not be permitted on the property. All personnel involved with the work shall obey all VDOT rules and regulations.

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h. BEHAVIOR: Behavior displayed by the Contractor’s and subcontractor’s employees, such as catcalling, whistling, leering, and other similar gestures will not be tolerated.

Anyone exhibiting such behavior will be barred permanently from the work site. Repeated incidents shall be grounds for termination of the purchase order at the discretion of VDOT.

i. CONTRACTOR’S PERSONNEL: The Contractor’s and Subcontractor’s personnel shall at all times communicate with the traveling public, landowners and citizens throughout the County of Bath in a courteous and respectful manner. The Contractor’s personnel shall refer all public questions concerning work planned, performed or promised to the Contract Administrator.

2. EQUIPMENT REQUIREMENTS:

a. EQUIPMENT: The Contractor shall provide, maintain and operate equipment designated for the operation(s) described herein and shall ensure the equipment is in good repair and operating condition. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently and to complete the work in a satisfactory manner. All safety equipment and/or accessories shall be in use and operable at all times. Mowing operations will not take place if safety equipment is not in use. VDOT reserves the right to inspect equipment prior to being placed into operation. Due to safety concerns, some equipment may be specifically excluded from use.

b. SAFETY EQUIPMENT/TRAFFIC CONTROL: The Contractor shall supply, transport, erect, maintain and dismantle all traffic control signs and stands required by the latest edition of the VWAPM. Safety vests shall be worn by all personnel exposed to vehicular traffic. Sign layouts shall be in place prior to the performance of any work. Traffic control devices may be subject to inspection and approval at time of delivery to the job site. All costs for providing traffic control shall be included in the bid price. The Contractor(s) shall be required to provide a copy of the Intermediate and Basic Work Zone Traffic (WZT) Control Training certificate(s) to the Contract Officer prior to award. Each crew performing work must include one (1) employee who, at a minimum, is verified by VDOT in Basic Work Zone Traffic Control and have available, one (1) employee verified as Intermediate WZT certified.

At locations requiring the erection or change of work zone set-ups while the traveling public commutes through the work zone area, the crew must include one individual Intermediate WZT certified. Reference Special Terms and Conditions No. 38 requiring Work Zone Traffic Control Training.

c. ADDITIONAL EQUIPMENT: VDOT reserves the right to supply additional equipment from VDOT sources if deemed necessary.

3. MANNER OF CONDUCTING WORK AT THE JOB SITE:

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a. SATISFACTION: All work shall be performed according to VDOT specifications and completed to the satisfaction of the VDOT Contract Administrator or designee.

b. SIGNS OR ADVERTISEMENTS: No signs or advertisements shall be posted on VDOT’s property without prior written approval by the Contract Administrator.

c. DELIVERY, PARKING AND STORAGE: The Contractor shall not store equipment within the VDOT Right-of-Way or on VDOT property without first obtaining permission from the VDOT Contract Administrator. If permission is granted, all equipment shall be parked outside the clear-zone. VDOT will not be responsible for any loss or damage to the Contractor’s equipment when the Contractor may have to park a piece of equipment overnight while moving from one place to another.

d. CLEANUP: The Contractor shall clean up frequently so the worksite presents a neat, orderly and workmanlike appearance at all times. If a Contractor fails to clean up at the completion of the work, the Contract Administrator may do so and charge the costs to the Contractor.

e. DISPOSAL: The Contractor is responsible to dispose of all refuse, rubbish, scrap material and debris caused by their operations. No such refuse, rubbish, scrap material and debris shall be left within the completed work area nor buried on the job site, but shall be removed from the site and properly disposed in a licensed landfill or otherwise as required by law. No VDOT dumpsters are to be used for debris disposal. The Contractor shall pay any landfill disposal costs and include this cost in their bid prices.

f. LITTER CONTROL: The Contractor’s price, when specified to include litter control, shall include maintaining litter and an attractive appearance at the locations listed in Attachment A, “Bath County Mowing and Litter Removal Locations and Location Specific Instructions.” Reference Location Specific attachments, which show the mowing and litter removal areas for each specific location listed in Attachment A. The attachments approximate the percentage of hand mowing required (i.e. push mowing or string trimming with weed eater). VDOT reserves the right to modify the mowing schedule or delete location(s) dependent upon contract prices and availability of funds.

Unless otherwise indicated for specific locations referenced in Attachment A, litter pickup is paid only at the time of mowing and only if all litter is removed prior to and on the same day of mowing. This does not apply to wayside and overlook areas which have a requirement of additional scheduled litter pickups. The quantity of off-season litter removal may be reduced or eliminated by VDOT. Litter is defined as debris, rocks, tree limbs, trash, etc., which are required to be cleared either due to aesthetics, or if it may become a safety hazard to the traveling public and/or there is a threat of damage to Contractor’s equipment. VDOT personnel will remove debris only if it is too large to be moved by hand (ex. clear large tree limbs or fallen trees). Large debris shall be reported by the Contractor to the Contract Administrator so removal can be scheduled.

Wayside and ROW Mowing & Litter Removal Services

g. MOWING: The Contractor’s price, when specified to include mowing, shall include riding, push mowing and/or string trimming (i.e. weed eater). A grass height of 5 - 8 inches shall be maintained at all Bath County locations. The Contractor shall monitor grass height at all locations to determine the mowing frequency to maintain grass height. If the Contract Administrator is required to call the Contractor for services, a Procurement Complaint may be issued.

h. RAKING/VACUUMING/TRIMMING: Raking/vacuuming grass clippings is required if grass grows to a height above recommendations in Section IV.D.3.g., which results in heavy, unsightly cutting. Buildings, sidewalks, trees and fences shall be neatly edge-trimmed. Fences shall be trimmed on both sides unless indicated on sketch. The area surrounding all trees and shrubs shall be trimmed with a string trimmer each time grass is mowed. Grass shall not be allowed to grow in the fence at the Alphin Lane office lot.

Mowing and trimming at each location shall be done within the same day. No time lapse between mowing and trimming will be permitted. Grass shall be blown or swept from sidewalks and all paved areas after each mow. The Contractor shall refrain from blowing grass into the roadways in accordance with local and/or state laws and remove any grass or vegetation that may be blown into the roadway as a result of the mowing operation.

i. INSTRUCTIONS SPECIFIC TO LOCATIONS are found in Attachment A.

j. POST-AWARD MEETINGS: After award and prior to the start of the contract, the Contractor, including personnel performing services, shall schedule a meeting with the VDOT Contract Administrator to review the specifics of the contract.

E. METHOD OF ORDERING WORK:

1. WORK NOTIFICATION PROCEDURE: The Contractor’s official notification is the purchase order outlining location, time period, and work to be accomplished.

2. RESPONSE TIME/COORDINATION OF WORK: The Contractor’s response time to begin work shall be within 72 hours after initial notification from VDOT and attendance at a post award meeting. The Contractor may request additional time at the time of notification.

Approval of additional response time will be decided by VDOT on a case-by-case basis. The recommended mowing schedule shall meet the standards described in Section IV.D.3.f. – g.;

however, VDOT reserves the right to change any scheduled mowing at the time of each notification.

3. CONTINUOUS OPERATION REQUIREMENT: The Contractor shall provide a continuous operation once they commence work. If this is not done, a Procurement Complaint form may be issued, which may ultimately result in the default of the contract. Reference General Term and Condition Para. No. P and Vendors Manual 7.14 Termination for Default.

Wayside and ROW Mowing & Litter Removal Services

4. CONTRACTOR’S FAILURE TO REPORT: If a Contractor fails to commence work at the mutually agreed upon time, a Procurement Complaint Form may be issued against the Contractor. It shall address the deficiency and corrective action needed. If corrective actions are not acquired by deadline stated in the cure letter, VDOT may have the work accomplished by another source and the Contractor may be held responsible for any resulting additional purchase and administrative costs in accordance with General Term and Condition Para. P.

F. HOURS OF WORK:

1. STARTING TIMES AND SCHEDULES: Starting times and scheduled hours may vary and will be at the discretion of the VDOT Contract Administrator.

2. WORK HOURS: All work shall be performed during daylight hours. ‘Daylight hours’ shall be from 7:00 AM to 7:00 PM or half hour after dawn and half hour before dusk, or whichever occurs last. Work shall be performed Monday through Friday unless authorized by the Contract Administrator.

3. STATE HOLIDAYS: Work shall not be permitted on State Holidays, Saturday or Sunday, without written permission from the Contract Administrator. Major holidays include New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Easter, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Election Day, Veterans’ Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. If any of these holidays occur on a Saturday, the preceding Friday shall be considered the holiday and if they fall on Sunday, the following Monday shall be considered the holiday.

G. SAFETY REQUIREMENTS:

1. SAFETY STANDARDS, RULES AND REGULATIONS: The Contractor and subcontractors shall ensure all personnel and equipment complies 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 contain a rollover protection system, must be equipped with all seat belts that shall be worn by all occupants while in use. All safety equipment and accessories appropriate to operation and equipment used shall be in working order and in use at all times. Necessary safety supplies and equipment, shall include, but not limited to, safety hats, traffic safety vests, steel-toe safety shoes, gloves, eye protection, and any other safety equipment or tools necessary to ensure a safe and reliable operation. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract. Refer to Special Terms and Conditions, No. 28 for Safety and Health Standards.

2. PROTECTION OF PERSONS AND PROPERTY: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor’s 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

Wayside and ROW Mowing & Litter Removal Services 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.

The Contractor shall be responsible for any and all damages which are a direct result of the Contractor’s performance under this contract. Mowers shall be equipped with appropriate safety devices to prevent objects from being thrown into traffic. When working in medians or around parked vehicles, the Contractor shall take care to have maximum control of grass blown from mower/weed eater. Grass shall not be blown on vehicles.

3. AUTHORITY TO SUSPEND WORK: During the execution of the work, the VDOT Contract Administrator, or designee, will have the authority to suspend the work fully or in part due to the failure of the Contractor to correct conditions unsafe for the workers and/or general public, for failure to carry out orders for such period, and as he may deem necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in the public’s interest.

4. FIRST AID KITS: According to OSHA and VOSH standards, the Contractor shall ensure a First Aid Kit is on each job site at all times.

V. OPTIONAL PRE-BID CONFERENCE:

A pre-bid conference will not be held for this solicitation; however, potential Bidders are encouraged to present questions and obtain clarification relative to any fact of this solicitation

VI. METHOD OF PAYMENT:

A. PAYMENT: Payment for mowing, litter removal, and landscaping services will be made based on an EACH (i.e. per location and occurrence) unit of measure when all services for that location are satisfactorily completed. To clarify, if the Contractor performs mowing with litter control on the same day as a scheduled litter control and barreled trash removal, the Contractor will be paid for both services.

B. VERIFICATION: The Contractor shall complete a VDOT-provided weekly timesheet. The time sheet shall be mutually agreed upon and signed by the Contractor and VDOT Contract Administrator, or designee, at the end of each week. The Contractor shall demonstrate to the VDOT Contract Administrator, or designee, the work is fully in compliance with the contract and VDOT specifications. Any deficiencies shall be promptly corrected by the Contractor at the Contractor’s sole expense prior to final acceptance of the work.

The time sheet for each week (Monday through Friday), shall either be hand-delivered or faxed to the Lexington Residency office at 540-463-7763 with the original mailed the same day to the Lexington Residency office no later than the Monday following the week work was performed.

Timesheets not provided in a timely manner cannot be verified. Work completed that cannot be verified may result in work not being accepted and delay of payment.

Wayside and ROW Mowing & Litter Removal Services

Lexington Residency office, 275 Alphin Lane, Lexington, VA 24450 Phone 540-462-6990, Fax 540-463-7763 Attn: Dwayne Hall, Contract Administrator

VII. INVOICING/PAYMENT:

A. INVOICE: The Contractor shall submit invoices to the Lexington Residency office after completion and acceptance of the work no more than every two (2) weeks. Each invoice shall include the invoice date, Contractor’s name and remittance address, invoice number, contract number, purchase order number, location of work, description of work completed including dates of service, rate/unit price, extended cost based on the contract pricing schedule, and invoice grand total.

The Contractor shall mail or hand-deliver invoices to the Lexington Residency office:

Virginia Department of Transportation Lexington Residency 275 Alphin Lane Lexington, VA 24450

Invoices may also be submitted electronically as an e-mail attachment to StauntLexAP@VDOT.Virginia.gov. Electronic invoices are acceptable but only as a PDF attachment to an email and not as part of the body of the email. DO NOT send an invoice by both mail and electronically.

B. PAYMENT DATE: Payment will be made (in accordance with the Virginia Prompt Payment Act) within thirty (30) days after receipt of a proper invoice or acceptance of the work, whichever is the later.

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 the eVA Customer Care Center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments, please contact the Dept. of Accounts (DOA) at (804) 692-0473 or via email at edi@doa.virginia.gov.

VIII. BIDDER’S INSTRUCTION and PUBLIC BID OPENING:

A. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To learn how to submit an online bid in eVA please refer to the online supplier training page at:

mailto:eVACustomerCare@DGS.Virginia.gov mailto:edi@doa.virginia.gov https://eva.virginia.gov/index.html

Wayside and ROW Mowing & Litter Removal Services https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at:

https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

B. PUBLIC BID OPENING:

Bids will be opened at the time stated on the electronic posting and the reminders page of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A virtual public bid opening will be hosted by a VDOT representative at 2:00 PM EST on February 12, 2024.

Join the Microsoft Teams virtual meeting on your computer, mobile app or room device.

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting

Meeting ID: 248 965 066 929 Passcode: oijNDt

Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065,,290201150# United States, Lynchburg

Phone Conference ID: 290 201 150#

Find a local number | Reset PIN Learn More | Meeting options https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTY4ZmFkMWYtMDUxYi00MjkwLWIxYzAtNzZlYTIxNGIwZGM0%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%224bb17600-3689-4c5e-8fb0-0623b8229f13%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,75571028#%20 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=75571028 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=4bb17600-3689-4c5e-8fb0-0623b8229f13&tenantId=620ae5a9-4ec1-4fa0-8641-5d9f386c7309&threadId=19_meeting_NGQxOTNjOWUtYmFmMy00ZjU2LWEwODQtNThkODkyNjQ2NTEw@thread.v2&messageId=0&language=en-US

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The bid opening will begin promptly at the time indicated. At the start of the conference the VDOT Representative will conduct a roll call to identify the individuals participating on the call.

Participants will be requested to provide their individual name, company name and contact information during the roll call.

If you are unable to access the teleconference at the scheduled time, please contact the Contract Officer via email and a bid reading will be provided.

The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of bids received.

IX. 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 www.eva.virginia.gov under “I Sell To Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body.

(Code of Virginia, § 2.2-4343.1E).

http://www.eva.virginia.gov/

Wayside and ROW Mowing & Litter Removal Services

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

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

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

d. 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.

e. 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

Wayside and ROW Mowing & Litter Removal Services 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).

Wayside and ROW Mowing & Litter Removal Services

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

Wayside and ROW Mowing & Litter Removal Services for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan.

Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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

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

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

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

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

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

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

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

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

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

Wayside and ROW Mowing & Litter Removal Services 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, after due oral or written notice, may procure them 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.

Wayside and ROW Mowing & Litter Removal Services

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 to clearly and specifically identify the product being offered and to provide 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 nonresponsive.

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.