IFB 158751 Culpeper I-64 Safety Tree Project.pdf

Administrative Services Division

Culpeper District - RA

I-64 Tree Safety Project

IFB-158751

Page

| 1

INVITATION FOR BIDS IFB# 158751

Issue Date: March 7, 2024

Title: Culpeper I-64 Median Tree Safety Project

Commodity Code(s): 98888

Location Where Work Will Be Performed: Louisa County

Issuing Agency: Commonwealth of Virginia

Department of Transportation (VDOT)

Contract Officer: Rosalie Alther

Email: rosalie.alther@vdot.virginia.gov

Phone: 540-829-7672

NOTE TO BIDDERS

Virtual Pre-Bid Teleconference: A Mandatory Virtual Pre-Bid Teleconference will be held on March 18th, 2024, at 9:00 a.m.

Refer to Solicitation Section VI. for instructions on how to participate.

Solicitation Closing Date and Time: March 28, 2024, at 8:00 a.m. Refer to Solicitation Section IX.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: March 28, 2024, at 9:00 a.m. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Make certain bids are not unbalanced in accordance with Special Term for “Unbalanced Bids”

2. Ensure all bid documents are completed and uploaded with the bid submission. Bid documents include, but may not be limited to:

3. VA STATE CORPORATION COMMISSION

4. NORMAL AND EMERGENCY CONTRACTS

5. VENDOR QUALIFICATION EQUIPMENT INVENTORY CERTIFICATION

6. REFERENCES

7. SUBCONTRACTOR APPROVAL REQUEST (if applicable)

8. OTHER INSTRUCTIONS TO BIDDERS: Be sure to read and follow any other instructions in the solicitation.

9. SMALL BUSINESS SUBCONTRACTING PLAN: A Small Business Subcontracting Plan (SBSP) is required for all bidders for the bid to be considered responsive. If the Bidder is not certified as a small business by the Department of

Small Business and Supplier Diversity at the time of bid closing. Submit the SBSP on the included Attachment and provide plan value as a percentage not dollar value. See Special Term and Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

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.

mailto:rosalie.alther@vdot.virginia.gov

I-64 Tree Safety Project

IFB-158751

Page

| 2

Culpeper District Procurement

Invitation for Bid I-64 Tree Safety Project

IFB 158751

TABLE OF CONTENTS Page

I. Purpose 3

II. Questions Regarding This Invitation For Bid 3

III. General 3

IV. Definitions/Acronyms 4

V. Specifications/Contract Requirements 5

VI. Pre-Bid Conference 13

VII. Method for Payment 14

VIII. Invoicing 14

IX. Bidders Instructions 15

X. General Terms and Conditions 16

XI. Special Terms and Conditions 25

Attachments:

A. VA State Corporation Commission Form (Complete and submit with bid response)

B. Normal and Emergency Contacts (Complete and submit with bid response)

C. Vendor Qualification Equipment Inventory Certification (Complete and submit with bid)

D. Permitted Lane Closure Times

E. References (Complete and submit with bid response)

F. Small Business Subcontracting Plan (SBSP) (Complete and submit with bid response)

G. Subcontractor Approval Request

H. Pilot Project Background

I. Segment Plan Sheet

K.

K

I. I

J. Segment Plan Sheet

J. Prevailing Wage Rate Documentation

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

I-64 Tree Safety Project

IFB-158751

Page

| 3

I. PURPOSE:

The Virginia Department of Transportation herein referred to as “VDOT” is soliciting bids from interested firms to perform planned vegetation management activities on Interstate 64 for a demonstration of a corridor safety project. The work will consist of brush cutting, tree removal services and removal of all generated debris in accordance with the performance specifications herein, within the Culpeper District in the median of Interstate 64 in Louisa County between Mile Marker 137.58 and mile Marker 138.1.

See attachment I for plan sheet of project area.

PERIOD OF CONTRACT: From date of award through June 1, 2024. There shall be no renewal periods offered.

Note to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting Plan (SBSP) with the electronic bid response in eVA. Bidders selecting “Vendor Will Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM Program.

If the Bidder is not a DSBSD-certified small business, the “Vendor Plans to Use Subcontractors” box must be selected, and the Bidder shall identify the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods. Reference Special Term and Condition# 27.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be submitted in writing to rosalie.alther@vdot.virginia.gov no later than five (5) calendar days prior to bid opening date/time. The issuing office shall determine whether any addendum should be issued because of any questions or other matters raised.

III. GENERAL:

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.

mailto:rosalie.alther@vdot.virginia.gov

I-64 Tree Safety Project

IFB-158751

Page

| 4

IV. DEFINITIONS:

1. Brush – All woody vegetation less than two (2) inches in diameter to be measured at ground level.

2. Tree – All woody vegetation equal to or greater than two (2) inches in diameter to be measured at ground level.

3. Clear Zone- For the purposes of this contract and the specific locations identified in this specification, the clear zone is defined as 42 feet from the edge of pavement.

4. Emergency Work – Immediate response required – not a component of this IFB.

5. Planned – Work specifically identified in this IFB.

6. Unplanned – Work identified after the award of this IFB – not a component of this IFB.

7. Shoulder Mile – Measured length along one side of the edge of travel-way.

8. Satisfactorily Completed – All work has been completed by the Contractor in accordance with the specifications herein. This includes inspection by VDOT, rework (if required by the Contractor) and validation by VDOT.

ACRONYMS:

ANSI American National Standards Institute

ATSSA American Traffic Safety Services Association

CA/CM Contract Administrator/Contract Monitor

DBH Diameter Breast Height

DSBSD Department of Small Business and Supplier Diversity

ESC Erosion Sediment Control

IFB Invitation For Bid

ISA International Society of Arboriculture

LCAMS Lane Closure Advisory and Management System

MOT Maintenance of Traffic

MUTCD Manual on Uniform Traffic Control Device

OSHA International Society of Arboriculture

SBSP Small Business Subcontracting Plan

SWM Storm Water Management

SWPPP Storm Water Pollution Prevention Plan

TMA Truck-Mounted Attenuator

VADCR Virginia Department of Conservation and Recreation

VDOT Virginia Department of Transportation

VWAPM Virginia Work Area Protection Manual

| 5

V. SPECIFICATIONS / CONTRACT REQUIREMENTS

A. SCOPE OF WORK: The Contractor shall furnish all supervision, labor, equipment, fuel, and traffic control, to include all equipment as required per the most recent version of the Virginia Work Area

Protection Manual (VWAPM) and any other incidentals necessary to meet the requirements stated within. The work shall consist of brush cutting, tree pruning, tree removal services, and removal of all generated debris for the purpose of enhancing safety for the public. The Contractor shall be capable, prepared and plan to commence work within two (2) calendar days of award of this IFB. Once work has commenced, the Contractor shall work consistently until all work is completed.

B. PERFORMANCE BASED SPECIFICATIONS:

1. All work shall be performed in accordance with the current versions of the ANSI A300 Pruning

Standard, ANSI Z133.1 Safety Standard, and Best Management Practices - Tree Pruning

(companion publication to the ANSI A300 Pruning Standard), Virginia Tree Policy and Safety

Operation Procedures 16VAC25-73-10, 16VAC25-75-10 and the most current version of the

Road and Bridge Specifications. 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 and the OSHA Standards for General Industry Part

191.67(2)(viii).

2. All work shall be performed within VDOT maintained right-of-way or as specified in this specification.

3. All brush and trees in the median of I64 between Mile Marker 137.59 and Mile Marker 138.1 shall be removed and properly disposed of in accordance with specifications therein. (See attachment I for plan sheet of the clearing area.)

4. Chipped or mulched debris left on site shall be limited to debris generated from brush and trees less than six (6) inches DBH in diameter. Mulch or chips left on site shall not: be left in drainage structures; in piles; or exceed three (3) inches in depth. All other debris shall be removed from the site and properly disposed of in accordance with all applicable laws, regulations, and local ordinances. Forestry mulching of brush and trees less than six (6) inches DBH is permitted.

5. Contractor shall cut all stumps flush to match the contour of the surrounding grade immediately after the takedown of any tree.

6. Any trunk/stump above grade, resulting from previous VDOT activities shall be re-cut flush to match the contour of the surrounding grade and the resulting vegetative waste shall be removed from site.

7. No grubbing or grading is allowed under any circumstances.

8. All vegetative debris laying within the median, resulting from previous VDOT activities, or not associated with this project shall be removed and properly disposed.

| 6

9. Contractor shall make significant effort to avoid damaging neighboring trees that are not scheduled to be removed during the removal of a subject tree. Should a neighboring tree be damaged, it shall be removed at no additional cost to VDOT.

10. No cut trees, brush or debris resulting from daily operations shall remain within the Clear Zone overnight or any time when Contractor is not actively working, and proper Maintenance of Traffic

(MOT) controls are in place.

11. The Contractor shall return all areas affected by activities to pre-work condition, i.e. elimination of ruts, seeding, upon completion of tree, brush, and debris removal.

12. Closed travel lanes and shoulders shall be free of sediment and dirt before removing MOT.

13. Due to limited left shoulder, all work shall be performed within a left shoulder and left lane closure in accordance with the Virginia Work Area Protection Manual, TTC 17.2 -Inside Lane Closure

Operation on a Four-Lane Roadway. Contractor can work from the left lane of I64 in either or both directions simultaneously and in accordance with the allowable work hours. See attachment

D.

14. Erosion and Sediment Controls and Disturbance Mitigation Activities:

a. Extreme care shall be taken to minimize or eliminate soil disturbance. The Contractor shall be responsible for minimizing soil disturbance to under 10,000 square feet. If this is not possible with the means and methods provided the contractor is responsible for adhering to all necessary ESC and SWPPP requirements according to VDOT’s Annual Standards and

Specifications. The Contractor shall be responsible for providing a Pollution Prevention

Plan for all potentially pollutant generating activities onsite as well as spill kits readily available at each of the demonstration site location. The use of equipment which would disturb soil or damage pavement is discouraged. Using rubber tires and tracks for equipment is mandatory. The use of timber matts for access to minimize soil disturbance is encouraged.

b.It is preferred that services be done in a manner that minimizes soil disturbances from the travel way and shoulder. Traversing the median should not be done when soil is wet, or with equipment not designed for minimizing soil disruption. Tree parts shall not be dragged in a manner that rakes the soil.

c. Soil disturbances shall be corrected and stabilized within 7 days of the completion of services in the immediate area. The immediate area shall be defined as 100 feet radius from the soil disturbance.

d.The Contractor shall be responsible for adherence to VDOT’s Road and Bridge Standards for ESC and SWM requirements and compliance at the demonstration site locations and any staging/ laydown areas associated with this project.

| 7

e. Specific Standards which will be needed for compliance include:

1. EC-3 Standard: Rolled Erosion Control Soil

Stabilizing Matting EC-5 Standard: Silt Fence

2. EC-6 Standard: Storm Drain Inlet protection

(Type A, B&C) EC-11 Standard: Stabilized

Construction Entrance

3. EC-15: Standard: Sediment Retention Roll

f. In the event of an adverse soil action the VA Department of Environmental Quality’s

Erosion and Sediment Control Handbook shall be utilized to meet or exceed the mitigation efforts to ensure stabilization and revegetation of any disturbed areas.

1. The specific chapters required for compliance are as follows: Standards and

Specification 3.32 Permanent Seeding Standards and Specification 3.35 Mulching g.All Seeding efforts shall comply with VDOT’s Road and Bridge Specifications Section

603.01 - 603.03. Seeding by hand or Hydro-seeding are acceptable.

h.The Use of Green Tagged VDOT approved seed is mandatory, more information on

Vendors who sell Green Tagged seed can be found on the Virginia Crop Improvement website. GREEN TAG SEED VENDORS.

i. The seed mix shall consist of the following components per acre:

1. 200 lbs. of Dwarf Type Tall Fescue and Hard Fescue in a 50/50 mix. 20 lbs. of Barely/ Winter Wheat

2. 15 lbs. Of Annual Rye Grass

3. 200 lbs. of 10-10-10 fertilizer

4. 1000 lbs of Agricultural Lime

j. Once seeded, the disturbed area shall be covered with Straw at a rate of 80 lbs. per 1,000 square feet.

C. EQUIPMENT:

1. The Contractor shall provide all necessary equipment, safety personal protection equipment

(PPE) and tools of the trade to perform tree and brush removal services to include trucks, bucket trucks, brush chippers, chain saws, pole saws, hand tools, climbers etc.

2. All equipment which may be used shall be equipped with rubber tires or rubber tracks in areas which may be wet or soft and be subject to soil damage. Areas in which these conditions exist shall be avoided, if possible, until conditions allow equipment to traverse without soil damage. If not possible the contractor shall perform with maximum caution and care to minimize soil damage and disturbances.

https://www.deq.virginia.gov/our-programs/water/stormwater/stormwater-construction/handbooks https://www.deq.virginia.gov/our-programs/water/stormwater/stormwater-construction/handbooks https://www.deq.virginia.gov/home/showpublisheddocument/2436/637437336822670000 https://www.deq.virginia.gov/home/showpublisheddocument/2436/637437336822670000 https://www.deq.virginia.gov/home/showpublisheddocument/2442/637437336832670000 http://www.virginiacrop.org/vdot-vendors-list-2020.html http://www.virginiacrop.org/vdot-vendors-list-2020.html

| 8

3. Performance of services from the travel way and shoulder is preferred. Mechanized equipment with booms/arms with ‘reach and grasp’ capabilities should be considered. The use of mechanized equipment, i.e. feller buncher, Jarraff, forestry mulcher, grapple equipment is permitted.

Mechanized equipment must be designed for the scope of work described herein and used in accordance with the manufacturer’s intended use.

4. The Contractor shall possess or have available, prior to the award of the contract, sufficient equipment necessary to perform the work for the awarded contract with the bid submission, each

Bidder shall furnish a list of the equipment that will be used under this contract. Equipment not owned by the contractor must have a valid lease or rental agreement submitted with the bid.

Failure to submit this listing may be cause of rejection of the bid. Bidder shall complete and submit with bid response Vendor Qualification /Equipment Inventory Certification form

(attachment).

5. The Contractor shall furnish the necessary means for transporting all required equipment, personnel, materials, and traffic control to all identified locations.

6. The use of mechanized equipment shall not pose a risk of hazard to the traveling public or property damage to VDOT assets to include guardrail, pavement, drainage, and bridge structures.

7. VDOT reserves right to inspect trucks and equipment prior to award and at any time during the contract period and remove from service any truck or piece of equipment which VDOT determines to be unsafe, ineffective and/or does not meet the safety or operational standards. In addition, VDOT may request that the Virginia State Police inspect the contractor’s trucks to determine road fitness.

8. There shall be no storage of equipment, traffic control devices, or materials within VDOT property/right of way without specific written permission from the CA or designee.

9. All equipment shall be equipped with at least one high intensity amber strobe light visible from

360 degrees.

10. Equipment shall not be located within the clear zone without MOT in place or during non-work hours.

11. No Contractor equipment shall be parked or otherwise occupy the emergency right shoulder within any portion of the Work Zone while a left lane closure is in place.

12. The Contractor shall be required to provide all necessary equipment (per the VA Work Area

Protection Manual (VWAPM) to include Truck-Mounted Attenuator’s (TMA’s) and Advanced

Warning Message Board(s) as necessary per installed lane closure / Work Zone.

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

Traffic Control Device Standards (MUTCD), latest edition of Virginia Work Area Protection

Manual (VWAPM), and VDOT IIM-TE-386.1.

| 9

D. PERSONNEL:

1. International Society of Arboriculture (ISA) Certified Arborist: For the term of the contract, the Contractor shall employ (on staff) or engage (on contract), Arborist who is currently certified by the ISA and will represent the Contractor. The Arborist must be available to meet with a VDOT representative, as mutually agreed, to consult at any time during the term of the contract. The

Arborist shall be available to meet on site and within 24 hours of notification by the Contract

Administrator for dispute or performance resolution and shall provide the necessary guidance to the Contractor to ensure work product is performed in accordance with the contract. Bidder shall provide a copy of the Arborist’s current certification along with their bid or be capable of providing within 48 hours of request. The Contractor will be required to maintain on file with

VDOT Arborist current certification for the duration of the contract.

2. Contractor’s Capacity to Perform: The Contractor shall be responsible for having sufficient and adequately qualified personnel and equipment available throughout the contract period to perform the services.

3. Contractor’s Personnel: The Contractor shall be responsible for the conduct of all Contractor’s and Subcontractor’s personnel while at the work site. The Contractor’s and Subcontractor’s personnel shall at all times communicate with the traveling public, landowners, and citizens throughout the District 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/Contract Monitor (CA/CM).

4. Contact Person: 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 area covered under this contract and be able to communicate effectively with Contract Administrator.

5. Supervision: 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. All costs incurred for the Contractor’s Supervision

Representative to review future work assignments with VDOT shall be the sole responsibility of the Contractor.

6. Communication: The Contractor’s Supervision Representative and at least one (1) crewmember on each crew shall be capable of communicating (both verbally and in writing) and comprehending the English language. Contractor’s Supervision Representative and the designated crewmember shall be capable of communicating instructions to the other crewmembers. The English used by this person must be understood by VDOT personnel.

7. Appearance: Any person working under this contract shall be dressed appropriately at all times.

Proper dress shall include long pants (slacks) and shirts or blouses with sleeves.

| 10

E. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. Delivery and Parking: There shall be no storage of vehicles, equipment, or materials within

VDOT property/right-of-way without specific written permission from the CA/CM. The department will make available the abandoned East Bound I-64 Rest Area at 145.7mm for staging, storing of equipment, and temporary storage of all generated debris. If Contractor elects to use this area, contract payment will be contingent upon all material disposed and restoration of rest area to pre-existing condition by June 1, 2024.

2. Work Hours: All work shall be performed Monday through Saturday, excluding observed

Virginia State holidays, during daylight hours and weather conditions permitting, unless otherwise approved by the CA/CM. (Daylight light hours are defined as one-half hour after sunrise to one- half hour before sunset). See Attachment D.

State Holidays include, but are not limited to, New Year’s Day, Martin Luther King, Jr. Day, George Washington’s Birthday, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, 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 occur on Sunday, the following Monday shall be considered the holiday. No work shall be performed on a primary route after noon on the Friday preceding an official Monday holiday or before noon on the following Tuesday.

3. Prosecution of Work: In order for all removals and clean-up of subsequent debris to be complete by May 14th, 2024, the contractor’s production rate shall be or exceed a minimum of

140 linear feet per day.

4. Cleanup/Disposal: All debris generated in the performance of this contract not previously addressed is the responsibility of the Contractor and shall be removed from the right-of-way each day and properly disposed of by Contractor, unless otherwise allowed by the CA/CM. Disposal costs shall be included in the bid prices. Debris shall be kept off the traveled portions and shoulders of the roadway, as work progresses.

5. Coordination and Notification of Work:

a. The Contractor shall notify VDOT’s Contract Administrator via fax or email only, no later than the close of business each Friday as to the expected work locations for the following week. The Contractor shall notify VDOT’s Contact Administrator each day (before 8:00AM, unless otherwise directed) of actual work locations. The Contractor shall coordinate with

VDOT’s Contact Administrator to identify progress and locations. The Contractor is required to provide VDOT’s Contact Administrator a contact name and phone number for coordination/notification purposes.

b. The Contractor shall notify the CA (via email only to jessie.shupe@vdot.virginia.gov) of all completed work each day.

c. The Department will then inspect and send confirmation of validation (via email only) of completed work within five (5) business days of notification from Contractor. In the event the Department determines work is unfinished, or not in compliance with the stated Scope of Work, the Department will identify such work to the Contractor (via fax or email), and

| 11 the Contractor shall rework or complete as required. The Contractor shall then resubmit notification when work is completed, for VDOT validation as stated above. Contractor shall not invoice VDOT for work that it has not received written validation from VDOT that work is considered Satisfactorily Completed.

d. Lane Closure Advisory Management System: The Contractor will be required to comply with VDOT Lane Closure Advisory & Management System (LCAMS) and VA511 requirements. Training and data entry will be the responsibility of the Contractor for roadways that require lane closure notifications. Currently, LCAMS is only applicable to

Limited Access routes. VDOT reserves the right to include additional routes as it deems appropriate. The Contractor shall have a minimum of two (2) individuals trained to input lane closures into the LCAMS and VA511 systems. 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 Culpeper coordinator travis.wright@vdot.virginia.gov (540-332-9500) or Richmond coordinator sharod.taylor@vdot.virginia.gov (804-609-5338). There will be no separate pay item for the training.

i. The Contractor shall input planned lane closures for the upcoming week(s) into the

LCAMS system by 8am Thursday, of each week. Traffic Operations (TOC) will verify all LCAMS entries by close of business Thursday.

ii. The Contractor shall input planned lane closures for the upcoming week(s) into the

VA511 system by noon Friday, of each week.

e. Transportation Operations Centers: The Contractor shall notify the Transportation

Operations Center (TOC) for “VA Traffic” notification. The TOC Contact Number:

Culpeper (540-332-7789). Notifications to the TOC shall be made prior to 8:00 AM each day. 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 (EBL, SBL, etc.), and cell phone number.

Failure to provide notification to the Transportation Operations Centers may be cause for default action or contract termination.

F. METHOD OF ORDERING WORK:

1. Any/all work shall only commence upon written notification (purchase order) from VDOT.

One (1) purchase order will be issued.

VI. Mandatory Virtual Pre-Bid Conference:

A mandatory virtual prebid conference will be hosted by the Contract Officer at 9:00 AM EST on

March 18, 2024. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at this prebid conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this prebid mailto:travis.wright@vdot.virginia.gov mailto:sharod.taylor@vdot.virginia.gov

| 12 conference. No one will be admitted to join the conference after 9:05 AM EST.

If you plan to participate in the mandatory pre-bid conference you must provide the following information via email to Rosalie.Alther@vdot.virginia.gov no later than 5:00 PM EST on the business day prior to the scheduled conference.

• Solicitation Number and Title

• Company Name and Address

• Representative Name, Phone Number, Email Address.

At the start of the conference the Contract Officer will conduct an attendance roll call to identify the individuals participating. Participants will be requested to provide their individual name, company name and contact information during the roll call. Participants who did not provide their information in advance will be requested to provide their name, company, and contact information during the roll call. Bids will only be accepted from those Bidders who are represented and make their participation known to the Contract Officer during the conference roll call and who requested admittance no later than 9:05 AM EST.

Microsoft Teams meeting

Join on your computer, mobile app or room device.

Click here to join the meeting

Meeting ID: 294 152 981 027

Passcode: aJvDsU

Download Teams | Join on the web

Or call in (audio only)

+1 434-230-0065,,287286464# United States, Lynchburg

Phone Conference ID: 287 286 464#

Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VII. METHOD FOR PAYMENT:

A. 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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2YxNDMxM2UtZWJmNS00MTI3LThlZmMtYTNmNDRlNzhiNDU4%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22aff791f9-dcbd-402d-bcc0-fa61fd21e73a%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,287286464 mailto:eVACustomerCare@DGS.Virginia.gov mailto:edi@doa.virginia.gov

| 13

1. VERIFICATION: The Contractor shall notify VDOT’s Contract Administrator when the work has been completed and inspected by the Supervisor. Payment will not be made until the work is completed, inspected, and approved by VDOT’s Contract Administrator or designee.

2. COMPLIANCE: All deficiencies shall be corrected within 24 hours by the Contractor at the

Contractor’s sole expense prior to the final acceptance of the work. VDOT may arrange for the corrective work to be accomplished by other forces and reserves the right to deduct that portion from the amount due the Contractor. Any complaint as to quality, faulty or delinquent delivery, or violation of contract provisions will be reported to VDOT’s Contract Officer with the use of a

Procurement Compliant Form.

B. EARLY COMPLETION PERFORMANCE INCENTIVE: An Early Completion Performance

Incentive is available to the contractor. In order to be eligible for the Early Completion Performance

Incentive, the Contractor shall ensure:

1) All brush cutting, tree pruning, tree removal services, removal of all generated debris from the median of I-64 between Mile Marker 137.58 and Mile Marker 138.1 and erosion mitigation controls to include seed and straw application and are complete by date schedule set below.

2) VDOT CA or designee shall verify that the work has been complete specifying such date and time.

Based upon early completion verification, the Contractor shall submit an incentive payment request in writing to the VDOT CA. The Early Completion Performance Incentive is established at $4,420.00

(per day), for each day work in the median is complete prior to May 14th, 2024. The incentive shall not exceed $30,940.00.

Incentive Schedule:

Completion Date Incentive Available

5/13/2024 $4,420.00

5/12/2024 Sunday - No Work

5/11/2024 $8,840.00

5/10/2024 $13,260.00

5/9/2024 $17,680.00

5/8/2024 $22,100.00

5/7/2024 $26,520.00

5/6/2024 $30,940.00

All work completed any earlier than 5/6/2024, maximum incentive of $30,940.00 will be available.

VIII. INVOICING:

Invoice shall be submitted once all work has been completed and accepted by VDOT.

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

| 14 and Contractor on an agreeable format. Invoice for completed work shall be submitted to the following addresses:

Culpeper District

1601 Orange Rd, Culpeper, VA 22701

Jessie Shupe jessie.shupe@vdot.virginia.gov

IX. BIDDER’S INSTRUCTION:

1. 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:

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.

1. 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 9:00 AM EST on March 28, 2024.

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

Join on your computer, mobile app or room device.

Click here to join the meeting Meeting ID: 250 530 971 144 Passcode: pDZQE3 Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065,,368305762# United States, Lynchburg Phone Conference ID: 368 305 762# mailto:jessie.shupe@vdot.virginia.gov https://eva.virginia.gov/index.html 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_NmE1ZTFkZjktMDJkMC00NDlmLWIyNGYtNmRmMzA1OGYyNGVj%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22aff791f9-dcbd-402d-bcc0-fa61fd21e73a%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,368305762

| 15

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 sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

| 16

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

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the

Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

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

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

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

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

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

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

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

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

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

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

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

| 17 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.

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

Act.

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

Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the

Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated

| 18 in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee.

These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the

Commonwealth.

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

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

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

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

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

FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances.

In the event…