IFB 158812 Specifications.pdf

Administrative Services/Procurement

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service

Set-Aside for Small Business

IFB # 158812

INVITATION FOR BIDS IFB# 158812

Issue Date: April 02, 2024

Title: Underground SWM Facility Maintenance Service

Commodity Code(s): 91381

Location Where Work Will Be Performed: Wise, Dickenson County

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Christine Necessary

Email: Christine.necessary@vdot.virginia.gov

Phone: (276) 696-3248

NOTE TO BIDDERS

Pre-Bid Conference: A Mandatory Pre-bid Conference will be held at 10:00 p.m. Eastern Standard Time (EST), on April 12, 2024. Refer to Solicitation Section V for instructions on how to participate.

Solicitation Closing Date and Time: 10:00 AM Eastern Daylight Time (EDT) on April 22, 2024. Refer to Solicitation Section

VIII.A for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 10:30 AM Eastern Daylight Time (EDT) on April 22, 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:

• Virginia State Corporation Commission

• Normal and Emergency Contacts

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

4. Invoices generated as a result of the contract must be submitted to the address listed in the specifications.

5. Ensure prices are correct. In case of an error, the unit price will govern. Do not create a separate bid to make corrections.

Contact eVA Customer Care for assistance in modifying a bid, if needed.

6. Any addenda issued for this solicitation must be signed, and uploaded with the bid submission.

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.e 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.

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service

Administrative Services Division

Bristol District

Invitation for Bids IFB # 158812

Underground SWM Facility Maintenance Service

TABLE OF CONTENTS

Page

I. Purpose 2

II. Questions Regarding This Invitation For Bid 2

III. General 2

IV. Specifications/Contract Requirements 2

V. Pre-Bid Conference 8

VI. Method For Payment 9

VII. Invoicing 9

VIII. Bidders Instructions 10

IX. General Terms and Conditions 11

X. Special Terms and Conditions 18

Attachments:

A – Virginia State Corporation Commission Form

B – Normal and Emergency Contacts

C – Plan Sheets

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

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”), an agency of the Commonwealth of

Virginia, is soliciting bids from qualified firms to provide “on call” and “as needed” specific maintenance services for VDOT’s Underground Storm Water Management (SWM) Facilities along highway U.S. 23 in the City of Norton in Wise County, and Freemont Area Headquarters in Dickenson County Virginia. All services shall be provided in accordance with all specifications within this invitation for bids.

PERIOD OF CONTRACT: The contract will be for a period of one year, with the start date to be determined at time of award (renewable).

SET-ASIDE: 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, Paragraph Z, and Special Term and Condition Paragraph 3.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this Invitation for Bids shall be addressed to Christine Necessary, christine.necessary@vdot.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of questions or other matters raised. Provide questions by close of business April 17, 2024.

III. GENERAL:

For the purpose of clarification, each firm receiving this Invitation for Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the goods and services is referred to as a “Contractor.” Virginia Department of

Transportation is referred to as “Department” or as “VDOT,” and “Representative” refers to the VDOT Contract

Administrator who will be administering the contract. This Invitation for Bid states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: Contractor shall provide all supervision, labor, materials, equipment, maintenance and repair, fuel, traffic control and other incidentals needed to meet the requirements of this IFB.

1. The work shall consist of “confined space entry” of VDOT SWM Facilities #97030, 97035, 97040, 97050, and 25062 (see Paragraph H- Location of Work) for the purpose of a thorough inspection, removal and disposal of any material (identified as, but not limited to: silt, rock, dirt, trash, and dead vegetation) within each facility as directed. All work shall be controlled through the issuance of work orders, which shall identify the work to be accomplished, along with a completion date.

2. While some of the maintenance work can be conducted above ground, most will require the work to be done using confined space entry protocols. A confined space entry permit shall be issued

(by the Contractor as required by Occupational Safety and Health Administration (OSHA), with copies provided to VDOT as requested) for every structure entered.

3. All personnel shall be trained in confined space entry with a crewmember trained in confined space rescue on all tasks. Crew shall be in compliance with OSHA’s Confined Space Training 29

CFR 1926 and must be 40 Hour HAZWOPER trained under 29 CFR 1926. In addition to safety related to confined space, the Contractor shall provide a safe work environment relating to “falling mailto:christine.necessary@vdot.virginia.gov

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service objects”, presented by the proximity of the facilities to the neighboring slope/slope protection (rip rap), as applicable.

4. CONFINED SPACE CERTIFICATIONS MUST BE COMPLETED PRIOR TO THE

CLOSING DATE OF THIS SOLICITATION. PROOF OF THIS SHALL BE PROVIDED

WITHIN TWO (2) BUSINESS DAYS OF VDOT’S REQUEST IF NOT SUBMITTED

WITH THE BID.

5. Upon completion of work on submitted work order, the Contractor shall provide VDOT with a report including “high resolution” digital camera videos of “as found” and “as left” conditions.

Each video shall be labeled to include the storm water basin structure number and the date and time the photo was taken, before submitting to VDOT.

6. All photos, videos, load tickets, and any other documents relating to the work shall be submitted to the Contract Administrator or designee before the crew leaves the County of operation. Final payment will not be issued until these documents are submitted to the Contract Administrator or designee.

7. VDOT will determine the priority order in which the Contractor shall perform work through the issuance of work orders.

8. Storm water - Existing storm water present within each facility (example: manholes, vaults, and pipes) shall be removed by the Contractor. The removed storm water shall be filtered to remove sediment prior to discharging into state waters. Filtering shall be accomplished by the use of a standard dewatering bag. The bag shall be capable of accommodating the water flow from the pump without leaking at the spout or seams. The Contractor shall ensure filtered storm water is discharged to an appropriate conveyance.

9. Sediments - Following removal of storm water from each facility, remaining sediments, saturated sediments and any storm water/water associated with the removed sediments shall be removed by the Contractor, collected and contained. The Contractor shall be responsible for any testing/characterization which may be required to ensure proper transportation and disposal of the collected materials. The Contractor shall be responsible for ensuring the removed materials are transported and disposed in accordance with applicable federal, state and local regulations; and pay any fee associated with the disposal. Prior to commencement of the project, the Contractor shall advise VDOT in writing regarding the facility which will be utilized for disposal of the removed sediments, saturated sediments and any storm water/water associated with the removed sediments. Disposal costs of all sediment and debris removed from the storm water structures shall be included in the bid price.

B. SPECIFICATIONS & STANDARDS: All work shall be performed following the direction given by the

VDOT Contract Administrator, or designee and in compliance with the requirements of all Federal, State, and Local laws and regulations including VDOT policies and specifications. 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 Occupational Safety & Health Administration (OSHA) and Virginia Occupational Safety &

Health (VOSH) standards. Additionally, the Contractor shall remain in compliance with all current OSHA, VOSH, Environmental Protection Agency(EPA), and the Virginia Department of Environmental Quality

(DEQ) standards relating to personnel, equipment, and safety regulations.

Specific reference is made to, but not limited to, the following:

1. OSHA Confined Spaces in Construction- 29 CFR 1926, Subpart AA Standard

(https://www.osha.gov/confinedspaces/1926_subpart_aa.pdf)

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service

2. VOSH Unique Standard- 16 VAC 25-70, Confined Space Standard Telecommunications Industry

(https://law.lis.virginia.gov/admincode/title16/agency25/chapter70/).

C. REQUIREMENTS:

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 OPERATORS/LABORERS: The Contractor shall provide a fully equipped, four-man maintenance crew of experienced, properly trained, qualified operators for each piece of equipment listed. The operator of each piece of equipment shall possess a valid commercial driver’s license (CDL) license when required for the equipment being operated.

c. PRICE QUOTED: The bid price shall include the equipment, personnel and all associated expenses including, but not limited to: profit, direct and indirect costs, administrative cost, equipment and personnel transportation, mobilization, debris disposal, cellular phones, pagers, hand-held radios and transportation, set-up and break down of signs and stands. No travel time will be allowed. Bid price shall be based on an hourly rate.

d. CREW SUPERVISION: The Contractor shall provide supervision of employees at all times, including assignment of a crew supervisor for each four-man crew (as applicable).

The individual shall be equipped with a cellular telephone capable of operating throughout the area covered under the contract. The name and cellular phone number shall be required prior to commencement of work activities. Refer to Attachment B, Normal and Emergency Telephone Numbers.

e. CONTACT PERSON: The Contractor shall assign a Contractor’s

Representative/Supervisor, who shall be equipped with a cellular telephone, which is effective throughout the counties covered by the contract. The Contractor’s

Representative/Supervisor shall be responsible for meeting with VDOT representatives to review current and future assignments. The contact person shall be responsible for assigning and coordinating work, notifying the Contract Administrator or designee of crew locations on a daily basis, providing storm water structure photos, handling general contract performance issues and meeting with VDOT Contract Administrator or designee as needed. All costs incurred for the Contractor’s Supervision Representative to review future work assignments with VDOT shall be included by the Contractor in the unit prices quoted for the bid items. The contact person’s name and cellular phone number shall be required prior to commencement of work activities. Refer to Attachment B, Normal and Emergency Telephone Numbers.

f. CONTRACTOR’S CONDUCT: The Contractor shall be responsible for the conduct of all Contractor’s personnel while at the work site.

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

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service

h. COORDINATION WITH STATE FORCES: VDOT will have the right at all times to be advised, upon request, of the status of work being done by the Contractor, and details of that work. The Contractor shall maintain coordination with the VDOT designee. VDOT reserves the right to perform any type of highway maintenance within the limits of the operation. The Contractor shall cooperate with VDOT and other contractors as necessary.

i. USE OF SUBCONTRACTORS: Subcontracting will not be allowed under this contract.

j. FLAGGER/LABORERS: All flag persons shall be VDOT or American Traffic Safety

Services Associates (ATSSA) certified and shall have certification cards with them while performing these duties. Certified flag persons shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the VWAPM. Flag persons shall speak only English while performing their job as a flagger and shall use sign paddles to regulate traffic in accordance with the requirements of the VWAPM. The Contractor shall provide flagging paddles and hand-held two-way radios for communication between the flaggers. Flag persons found performing their duties improperly shall have their certifications revoked. VDOT will check on a regular basis to ensure that flag persons have their certification cards. Flag persons shall be courteous and neat in appearance at all times according to the VWAPM.

2. EQUIPMENT REQUIREMENTS:

a. The equipment offered by Bidders shall be suitable for the intended purpose to include but not be limited to: a “Super Sucker Vacuum Truck” (or a “Vactor Truck” (which shall be capable of extracting the heaviest of debris through a manhole (with a vertical height of 30 ft, in addition to extending in a horizontal direction for a distance of 400 ft);

Pressure Washer; Gasoline Powered Trash/Transfer pump; Confined Space Entry

Equipment; and all necessary hand tools.

b. SAFETY EQUIPMENT: The Contractor shall provide and ensure all employees wear the proper safety equipment while on the work site in accordance with the OSHA and

VOSH standards. Necessary safety supplies and equipment shall include, but is not limited to, hard hats, safety garments, steel-toed shoes, gloves, and glasses. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract. In addition, no hard hat or safety garment shall have the Virginia state seal or any reference to the Virginia Department of Transportation or VDOT.

c. VIDEO EQUIPMENT: The video camera shall have fully articulating lenses that will provide a 360-degree inspection of the facility, including each joint and any deficient areas of the pipe/culvert, as well as a means to measure deformations/deflections of the pipe. The color image quality shall meet minimum resolution of 1080p. Equipment with a footage counter accurate to two tenths of a foot.

d. FUELED AND READY: The Contractor, at his own expense, shall have equipment fueled, have a full load of water, have an empty vacuum tank and be ready to begin operations prior to reporting to the work site. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools and safety supplies.

C. TRAFFIC CONTROL:

1. The Contractor shall be responsible for furnishing all signs, sign stands, flags, cones, arrow panels, truck-mounted attenuators, vehicles, and other items necessary for traffic control.

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service

2. The Contractor shall use the current VWAPM to determine the correct traffic control measures needed for the type of roadway on which repairs are being performed. The Contractor shall be responsible for obtaining subsequent revisions of the VWAPM and for implementing any revised traffic control measures during each term of the contract.

3. The VDOT Contract Administrator or designee will suspend operations at the Contractor’s expense if incorrect traffic control measures are set up. The Contractor shall cease all operations and remove the lane and/or shoulder closures. Contractor shall then submit a hand-drawn sketch of the proposed revised traffic control plan to the on-site VDOT contract manager for approval.

The Contractor shall not resume operations until the corrected Traffic Control measures are fully implemented. If the Contractor has questions, he/she shall immediately contact the VDOT

Contract Administrator or designee for clarification. In the event of a dispute, the VDOT representative can contact the District Work Zone Safety Coordinator for resolution. The Work

Zone Safety Coordinator shall have the final decision.

4. The Contractor shall be responsible for displaying and removing all traffic control devices. The

Contractor shall remove signs and stands at the end of each day’s work, except as-needed for overnight safety

5. The SWM Facilities are located on low-volume streets, with the majority being dead-end streets with fewer than six (6) homes served. If approved by the City of Norton, streets may be closed

(with proper control devices) if alternative access is available; or if the residents are made aware of the closure and provided access as needed (by controlling their access through the work zone).

All traffic control costs shall be included in the bid price. All flagging operations must be approved by the Contract Administrator or designee.

6. PORTABLE TEMPORARY RUMBLE STRIPS (PTRS): This work may consist of employing

Portable Temporary Rumble Strips (PTRS) in support of work-zone flagging operations at locations or times designated herein, in the VWAPM, VDOT IIM-TE-386.2, or as directed by VDOT representative. IIM-TE-386.2 provides additional requirements and guidance beyond what is shown in the VWAPM for flagging operations on two-lane roadways. The Contractor shall only use

Portable Temporary Rumble Strips (PTRS) that are listed on the most current VDOT Pre-Approved

Traffic Control Device Listing. The list may be accessed at:

https://www.vdot.virginia.gov/business/trafficeng-productlists.asp. Cost of Portable Temporary

Rumble Strips shall be included in the unit price bid.

D. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. SATISFACTION: All work shall be performed according to the standards of the industry and to the complete satisfaction of the VDOT Contract Administrator.

2. VA811/MISS UTILITY: When digging is required, the Contractor shall contact VA811/“Miss

Utility of Virginia” for marking underground utilities prior to the performance of work. If VDOT is performing work along with the Contractor, VDOT will call in its own location and reference the

Contractor’s ticket information. The Contractor shall not dig until verifying the marking has occurred. The Contractor shall be responsible for any damages caused when VA811/“Miss Utility” guidelines are not followed.

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

4. REVIEW OF WORK SITE: The Contract Administrator, or designee, will review the work site with the Contractor prior to the start of work.

https://www.vdot.virginia.gov/business/trafficeng-productlists.asp

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service

5. DELIVERY, PARKING AND STORAGE: The Contractor shall not deliver and store equipment within the VDOT Right-of-Way or on VDOT property without first obtaining written permission from the Contract Administrator. The Contract Administrator shall approve the parking and storage arrangements; however, VDOT will not be responsible for any loss or damage to the Contractor’s equipment that is left at this site.

6. CLEANUP AND DISPOSAL: The Contractor shall clean up frequently, so the worksite presents a neat, orderly and workmanlike appearance at all times. The Contractor shall dispose of all refuse, rubbish, scrap materials and debris caused by their operations as instructed by VDOT. No such refuse, rubbish, scrap material and debris shall be left within the completed work area or buried on the job site but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law. No VDOT dumpsters are to be used for debris disposal. 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. METHOD OF ORDERING WORK:

1. WORK NOTIFICATION PROCEDURE: Work shall commence only upon the issuance of a purchase order. VDOT makes no guarantee of minimum or maximum quantities as shown on the

Purchase Order. The Contract Administrator or designee will provide a Work Order to the

Contractor via fax, email, or onsite meeting outlining setup location, Scope of Work, and anticipated start date. VDOT will guarantee a minimum of four (4) hours of work per work order.

2. CONFIRMATION/RESPONSE TIME: After receipt of approved Work Order, the Contractor shall confirm the acceptance of work assignment within eight (8) hours and begin work within ten

(10) calendar days. The Contractor may, at the time of notification, request additional time to respond. Approval of additional response time will be decided by VDOT on a case-by-case basis and confirmed in writing.

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. See General Terms and

Conditions, Paragraph P.

4. CONTRACTOR’S FAILURE TO REPORT: If a Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with General Terms and

Conditions, Paragraph P. Procurement Complaint Form will be issued against the Contractor.

F. HOURS OF WORK: Workdays shall be Monday through Friday, unless authorized by the Contract

Administrator or designee. Scheduled work hours shall be limited to “daylight hours” identified as an hour after sunrise and an hour before sunset, variances will be at VDOT’s discretion. No work shall be allowed on major holidays unless directed by the Contract Administrator. Major holidays include New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. If any of these holidays occur on Sunday, the Monday following shall be considered the holiday. Work activities shall only take place when weather conditions permit. Work activities shall cease when weather conditions are considered by VDOT to be hazardous for working, or for the traveling public.

G. SAFETY REQUIREMENTS:

1. SAFETY STANDARDS, RULES AND REGULATIONS: The Contractor shall ensure all personnel and equipment comply with all OSHA and VOSH standards as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes but is not limited to: equipment having vehicular backup alarm systems and flashing lights, equipment containing a roll-over protection system must be equipped with seat belts that shall be worn by the

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service occupants while in use. Refer to Special Terms and Conditions Paragraph 24 for Safety and Health

Standards.

2. PROTECTION OF PERSONS AND PROPERTY: The Contractor shall ensure the protection of persons which may come to work site or be affected by the Contractor’s operation in connection with the work by ensuring all work/job areas are to be maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT’s property from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners.

a. HARDHATS: Hardhats shall be worn by ALL Contractor personnel, while participating in or observing all types of fieldwork when outside of the cab of a vehicle.

b. SAFETY GARMENTS: ALL Contractor personnel, exposed to vehicular traffic when not behind a barricade, shall wear safety garments.

c. AUTHORITY TO SUSPEND WORK: During the execution of the work, the 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 may be deemed 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.

H. LOCATIONS OF WORK: The Contractor shall perform services at the five (5) VDOT Storm Water

Management Facilities along highway U.S. 23 in the City of Norton in Wise County and Freemont Area

Headquarters in Dickenson County:

SWMF # Location GPS Coordinates Station

97030 Intersection of Locust Ave and 8th Street 36.93033, -82.62791 595+80

97035 Near Intersection of Roberts Ave and 7th Street 36.93069, -82.62652 599+10

97040 Roberts Ave in Front of Car Wash 36.93110, -82.62571 603+00

97050 End of Roberts Ave East Side 36.93341, -82.61829 624+10

25062 Freemont Area Headquarters 37.113545, -82.408538 N/A

V. MANDATORY PREBID CONFERENCE:

A mandatory virtual pre-bid conference will be hosted by the Contract Officer at April 12, 2024, 10:30am. 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 pre-bid conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this pre-bid conference. No one will be admitted to join the conference after Time.

If you plan to participate in the mandatory pre-bid conference you must provide the following information via email to

Christine.necessary@vdot.virginia.gov no later than 5:00 p.m. EDT on the business day prior to the scheduled conference.

• Solicitation Number and Title

• Company Name and Address

• Representative Name, Phone Number, Email Address.

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service

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 Time.

This Microsoft Teams Virtual Meeting conference can be accessed with the below information:

Join the virtual meeting.

Meeting ID: 267 327 368 746

Passcode: GKoaQe

Dial-in by phone

+1 434-230-0065,,913127233# United States, Lynchburg

Find a local number

Phone conference ID: 913 127 233#

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

VI. METHOD FOR PAYMENT:

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

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA

Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692-0473 or via email at: edi@doa.virginia.gov.

A. PAYMENT: Payment will be made monthly based upon line item shown in the pricing schedule. The bid price per month shall include cost for all services in this Invitation for Bid.

B. VERIFICATION: The Contractor shall ensure work is completed and is in compliance of the contract specifications. The Contract Administrator or designee will inspect the facility throughout the month to ensure compliance with the specifications and that the work has been done satisfactorily. Any deficiencies shall be corrected by the Contractor, at the Contractor’s sole expense prior to final acceptance of the work.

If necessary, the VDOT Contract Administrator may request a meeting with the Contractor to discuss contract performance.

VII. INVOICING:

Invoices may be submitted monthly to the address and section listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates.

Virginia Department of Transportation

Roadside Section

2111 Bonham Road

Bristol, VA 24201

Attention: Reece Wyatt mailto:edi@doa.virginia.gov

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service

In lieu of mailing, invoices may be submitted as an attachment via email to: reece.wyatt@vdot.virginia.gov.

VIII. BIDDER’S INSTRUCTIONS 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:

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 Vendor’s 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 10:30am EDT on April 22, 2024.

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

Join the meeting now

Meeting ID: 260 350 269 755

Passcode: zZBjNs

Dial-in by phone

+1 434-230-0065,,270205718# United States, Lynchburg

Find a local number

Phone conference ID: 270 205 718#

For organizers: Meeting options | Reset dial-in PIN 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 names, company, 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.

mailto:reece.wyatt@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

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service

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 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.

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

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service harassment policy in (a) a conspicuous public place in each building located in the

Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the

Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

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

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over

$10,000: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

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

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

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

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

Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the

Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

1. TO PRIME CONTRACTOR:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number

(for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

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

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

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

e. UNREASONABLE CHARGES. Under certain emergency procurements and for most time and 0material 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

Bristol District/Roadside Residency

Underground SWM Facility Maintenance Service from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

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

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

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

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

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

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

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

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

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

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

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation.