IFB 158822 - District Lawn Care Services - Culpeper VDOT.pdf

Administrative Services/Procurement

Culpeper District

IFB District Lawn Care Services

IFB #158822

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Issue Date: April 5, 2024 INVITATION FOR BIDS IFB# 158822

Title: Lawn Care Services – Culpeper District Complex

Commodity Code(s): 98836, 98856, 98852

Location Where Work Will Be Performed: Culpeper District Complex

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Rosalie Alther

Email: Rosalie.Alther@vdot.virginia.gov

Phone: (540) 829-7672

NOTE TO BIDDERS

Prebid Conference: An Optional Pre-Bid with Site Visit Conference will be held at 9:00 AM Eastern Standard Time (EST) on April

18, 2024. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 9:00 AM EST on April 29, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 10:00 AM EST on April 29, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

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

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

3. VA STATE CORPORATION COMMISSION FORM

4. SMALL BUSINESS SUBCONTRACTING PLAN: A Small Business Subcontracting Plan (SBSP) is required 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 instructions under I. PURPOSE and Special Term and Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

5. SUBCONTRACTOR APPROVAL REQUEST

6. NORMAL AND EMERGENCY CONTACTS

7. REFERENCES

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.

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Administrative Services Division

Invitation for Bids IFB # 158822

District Lawn Care Services

TABLE OF CONTENTS

PAGE #

I. Purpose 3

II. Questions Regarding This Invitation For Bid 3

III. General Definitions 3

IV. Specifications/Contract Requirements 3

V. Pre-Bid Conference and Site Visit 8

VI. Method for Payment 9

VII. Invoicing 9

VIII. Bidders Instructions and Public Bid Opening 9

IX. General Terms and Conditions 10

X. Special Terms and Conditions 17

ATTACHMENTS

A. VA State Corporation Commission Fillable Form - (Required – submit with bid response)

B. Small Business Subcontracting Plan (SBSP) Fillable Form - (Required – submit with bid response)

C. Normal and Emergency Contacts Fillable Form - (Required – submit with bid response)

D. References – Fillable Form (Required – submit with bid response)

E. Subcontractor Approval Form attachment

F. District Complex Aerial Photo

G. Contractor License Requirements (If Necessary)

H. Name of manufacturer and Shipping Point (If Necessary)

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

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I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide

Lawn Care Service on an on-call, as needed basis at the Culpeper District Complex at 1601 Orange Road, Culpeper, Virginia

22701. Lawn Care maintenance service shall include mowing of all grass areas, edging, string trimming, leaf removal, litter removal, plant bed hand weeding, shrub trimming, mulch application and debris disposal.

PERIOD OF CONTRACT: From date of award through one year (renewable)

Reminder to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting

Plan (SBSP) attachment with the electronic bid response in eVA. Bidders selecting the “I Plan To 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 “I Plan To Use Subcontractors” box must be selected, and the

Bidder shall identify on the SPSP attachment the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed in writing to Rosalie.Alther@VDOT.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

Provide questions no later than five (5) calendar days prior to bid closing date.

III. GENERAL DEFINITIONS:

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

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

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

The Contractor shall furnish all labor, supervision, supplies, materials, tools, equipment and incidentals necessary to mow grass; pick up litter, leaves and debris; trim around sidewalks, trees, buildings, parking areas, driveways, fences, and utility amenities; hand-weed flower beds, prune shrubbery, and mulch application at designated areas on an as-needed basis when notified by the Contract Administrator. Services are to be performed in an efficient, professional and skillful manner consistent with the highest generally accepted industry standards and practices. Mowing will normally be performed during the growing season from April thru November. Additional mowing may be ordered during these months or other months as determined by the Contract Administrator or designee. The Contract Administrator has the right to suspend the mowing schedule during periods of dry weather or wet weather conditions.

The property consists of approximately 12.5 acres (two (2) parcels - 10 acres and 2.5 acres) for weekly and periodic mowing service. The 10-acre parcel is located at 1601 Orange Road as outlined on attached map and 2.5 acres is located at the intersection of Orange Road and Standpipe Road. The 2.5-acre parcel is outside of VDOT fence perimeter.

a) Weekly manicured Mowing Finish mowing, string trimming, hand mowing, litter/debris disposal, Plant bed weeding and cleaning/blowing of sidewalk/parking areas. Bid pricing Line Items 1 & 2.

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b) Periodic Lawn Care Services shall include services for shrub trimming/pruning and mulching and leaf removal). Bid Pricing line items 3, 4 & 5.

A. SPECIFICATIONS – MOWING/LAWN CARE

a) Finish Mowing – Weekly Services: The grass shall be mowed to a height of 2.5 to 3 inches or as directed by the Contract Administrator. Mowing patterns shall be such that the cut grass is evenly distributed, and no accumulation into noticeable deposits. The area shall be mowed in such a way as to exhibit a uniform appearance without skips or uncut areas. Grass clippings from mowing, edging/trimming operations shall not be permitted to accumulate onto parking lots, traveled roadways, gutter pans, sidewalks or in drainage structures and window wells. All work within the lot and the grassy area outside the fence line in front of building along Rt. 15 (Orange

Road) shall be performed in a manner that safely directs clippings and debris away from vehicles, flowerbeds, and sidewalks. The entire site shall be thoroughly inspected, and all trash and debris removed prior to the start of any mowing operations. No trash or debris is to be cut up at any time during mowing operations. Mowing equipment shall have sharp blades so that the grass is properly cut. Equipment that is leaking fuel or oil shall not be used. Mowers shall not be fueled or oiled in grassed areas. The Contractor shall promptly and thoroughly clean up any oil or fuel spills. (Bid Line item 1 – inclusive of a, b, c & d)

b) String Trimming, Edging / Hand Mowing – Weekly Services: To be performed with each mowing cycle.

Hand mowing (non-tractor mowing) shall be defined as the cutting of those areas that cannot be mowed or trimmed by tractor due to inaccessibility or where the terrain topography is too dangerous (as determined by

VDOT) to be traversed by tractor mowers. Hand mowing shall be performed, but not limited to fences, signs, utility amenities, mailboxes, guardrails, buildings, sidewalks, shrubbery, trees, and other obstructions using hand equipment (such as so-called “weed eaters”, small mowers, machetes, hand pruners, etc.) to cut vegetation adjacent to the obstructions. Crews will hand mow traffic islands and embankments where tractor mowers cannot cut. Hand mowing shall be performed to present a neatly trimmed and uniform appearance. For the purposes of this contract, mowing of vegetation shall be interpreted as “the cutting of vegetation of 2” or less in diameter” to the finished height of approximately 3”. The Contractor shall not be required to mow or cut vegetation greater than 2” in diameter. This includes but not limited to grasses, vines, seedlings and small trees. (Bid Line item #1

– inclusive of a, b, c & d)

c) Disposal of litter, grass clippings, leaves, brush, and shrubbery trimmings – Weekly Services: The

Contractor shall remove litter/debris from the mowing area prior to each weekly mowing cycle. The Contractor’s personnel shall pickup and dispose of any litter/debris, including leaves, that would be unsightly after mowing or possibly damage mowing equipment or the traveling public during mowing operations. Debris shall hereby be defined as but not limited to paper, trash, cigarette butts, candy wrappers, cups, branches (less than 3” in diameter) or anything unsightly or easily distributed by wind. All litter/debris, as collected, shall be containerized immediately and kept at all times. Collected litter/debris shall be disposed in an approved landfill at the end of each day by the Contractor at the Contractor’s expense. VDOT dumpsters shall NOT be used for disposal. (Bid

Line Item #1 – inclusive of a, b, c, & d).

d) Cleaning – Weekly Services: The Contractor shall clean (swept or blown) all sidewalks and paved areas after each mowing is performed. Sidewalks and entryways to the facility must be open at all times. (Bid Line Item #1

– inclusive of a, b, c & d)

e) Plant Bed Hand Weeding – Weekly Services: Plant beds are to be maintained weed-free condition with hand weeding to be performed during each mowing cycle or as directed by the Contract Administrator. To be performed at various plants, trees, shrubbery, mulched, and non-mulched plant beds areas. The use of mechanical equipment such as rototillers will not be allowed. (Bid Line item #2)

f) Shrub Trimming and Pruning – Periodic Services: Shall be performed approximately twice per year, or as directed by the Contract Administrator or VDOT representative, in the season that is safe for shrub trimming/pruning. All pruning work will be performed in accordance industry standards and shall be performed

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Administrator or VDOT representative. All trimmings shall be cleaned up and removed by the contractor at the contractor’s expense. The contractor shall be responsible for damage to all shrubs or plantings as a result of the

Contractor’s operations. All damaged plantings shall be replaced at no cost to VDOT. (Bid Line Item #3)

g) Mulching – Periodic Services: Mulching is to be performed approximately once per year, once in the spring and once in the fall or as directed by the Contract Manager or VDOT representative. The Contractor shall provide fresh double shredded dark brown hardwood premium mulch. Contractor shall not use dyed mulch. Mulch shall be free of termites or other insects, seed or plants, grass and/or noxious weeds, dirt and/or other objectionable material. Old mulch shall be removed, and fresh mulch shall be placed around existing plants in plant beds and around trees and shrubs to maintain a depth of 2 to 3 inches, radiating at least 12 inches outward from tree or shrub trunks. The application of mulch shall be uniform, and all areas mulched shall be kept free of grass and weeds. (Bid Line Item 4)

h) Leaf Removal – Periodic Services: All fallen leaves shall be removed (approximately 12.5 acres) mowing area in the fall season. Leaf removal is to include raking, pickup and proper disposal of leaves, litter and debris. Leaf removal is a separate line item with an estimated annual quantity of two (2) cycles with approximate period from

October 1st to December 1st. (Bid Line item #5)

B. REQUIREMENTS WHICH THE CONTRACTOR SHALL COMPLY WITH:

1. Report at Beginning and End of Each Workday: The Contractor or designee shall report to the Facilities District

Office prior to beginning work and at the completion of each workday.

2. Crew Members: The Contractor shall be capable of providing sufficient number of crewmembers to ensure that the work is performed within the established completion time period. Each crew shall have a supervisor designated supervisor capable of communicating (both verbally and in writing) and comprehending the English language on the job site at all times. VDOT personnel must be able to understand the English used by this person. The supervisor shall be capable of communicating instructions to the member of the Contractor’s crew. Crewmembers shall possess the knowledge and technical ability to perform the work required within the contract.

3. Equipment Specifications: Contractor shall provide sufficient equipment with qualified personnel to perform mowing and litter/debris removal operation in accordance with contract specifications including the established time frame for completion of each operation. Lawn care operations shall utilize commercial grade equipment. All blades on mowing equipment shall be sharp to provide a neat and uniformed appearance. Commercial grade mowers used shall have a cut of 50” or greater. The Contractor’s equipment shall meet minimum requirements of Occupational

Safety and Health Standards (OSHA) and Virginia Occupational Safety and Health Agency (VOSH) specifications.

All equipment and signage, when utilized, shall meet the requirements as specified in the Virginia Work Area

Protection Manual (VWAPM). Mowers shall be equipped with the appropriate safety devices to prevent objects from being thrown into traffic, parked vehicles, buildings, etc. The Contractor shall only utilize equipment that meets the terrain of the land. Any equipment that does not meet the terrain will be rejected at VDOT’s sole discretion.

4. Property Damage: The Contractor shall adhere to all safety requirements. Property damaged (State or Personal) as result of lawn care operations shall be the responsibility of the Contractor. Contractor shall repair/compensate the owner of the damaged prior in a timely manner, but no later than seven (7) calendar days.

5. Continuous Operation Requirement: The Contractor shall provide a continuous operation (from 7:00 a.m. to 3:30 p.m. daily) once work has commenced until all assigned areas of work have been completed with the exception of interruptions caused by the weather or delays authorized by the Contract Administrator. Performing maintenance or repairs to the Contractor’s equipment or refueling of equipment shall not cause interruptions. A Procurement

Complaint Form may be issued to the Contractor if services are not performed continuously within designated normal

Page | 6 work hours as stated above. VDOT may have the work accomplished by another source and the Contractor may be held responsible for any resulting additional purchase and administrative costs in accordance with General Terms and

Conditions #P.

6. Securing Equipment: The Contractor shall be responsible for having secured all equipment and materials when working on state property.

7. Access to Buildings: The Contractors’ personnel shall not be allowed inside access to the buildings at any time except to report to work sign in/out, which shall take place only at the Facilities building location.

8. State Holidays: Work shall not be performed on designated State or Federal Holidays. State holidays include, but are not limited to: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans Day, Thanksgiving Day, Christmas Day, any additional holiday time granted by the Governor of Virginia (which varies each year). The list of holidays and additional time off can be found on the Department of Human Resources Management website www.dhrm.gov under the State Employee tab and selecting Pay and Holiday Calendar.

If any of these holidays occur on a Saturday, the preceding Friday shall be considered the holiday, and if the holiday fall on Sunday, the following Monday shall be considered the holiday.

9. Permits & Licenses: In connection with the work to be performed, the Contractor, at his/her expense, shall procure all necessary permits and licenses, and agrees to comply with all laws, ordinances, codes and regulations applicable to the performance of the work hereunder.

10. Delivery, Storage & Parking: The Contractor shall not deliver or store equipment within VDOT Right-of-Way or on VDOT property without first obtaining permission from the Contract Administrator. VDOT will not be responsible for damage to the Contractor’s equipment left at the work site.

11. Contractor’s Personnel Conduct: The Contractor shall be responsible for the conduct of all personnel while on the work site. Contractor’s personnel shall obey all the rules and regulations of VDOT. Inappropriate behaviors displayed by the Contractor’s employees, including, but not limited to, addressing the public, motorists or VDOT employees for personal gain, whistling or leering will not be tolerated. Any employees of the Contractor exhibiting inappropriate behavior will be barred from work sites permanently. Repeated incidents with inappropriate behavior from

Contractor’s employees shall be grounds for termination of this contract and purchase orders associated with this contract at the discretion of VDOT. Contractor’s employees shall refer all public questions concerning projects performed under this contract to the Contract Administrator. Contractor’s employees shall communicate in a courteous and respectful manner to any VDOT employee, citizen or any of the traveling public if approached with questions.

12. Quality Control/Final Acceptance: The Contractor shall ensure work is completed in compliance with contract specifications and all applicable codes. The Contractor at the Contractor’s sole expense shall correct any deficiencies with 24 hours of VDOT’s notification.

C. METHOD OF ORDERING WORK:

1. Response Time for Weekly Services (Finish Mowing / String Trimming Operations And Plant Bed Hand

Weeding:

a. VDOT and the Contractor shall establish prior to start of mowing season a pre-determined weekday (Monday thru Friday) for Finish Mowing/String Trimming operations and Plant Bed Hand Weeding.

b. In the event, the pre-determined day falls on a State Observed Holiday, the Contractor shall perform mowing operations at VDOT’s discretion on the business day before or day after the holiday. Contractor shall schedule a suitable day with Contract Administrator in advance of the holiday.

c. Finish mowing / string trimming operations and plant bed hand weeding shall be completed in two (2) consecutive business days – 7:00 a.m. to 3:30.

http://www.dhrm.gov/

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d. In the event of unsuitable weather, the contractor shall perform the operations at VDOT’s discretion on a suitable date. VDOT Contract Administrator will give the contractor two (2) business days notification to perform the finish mowing / string trimming and plant bed hand weeding operations.

2. Response Time for Periodic Services approximately 12.5 acres (Edge Trimming, Leaf Removal, Shrub

Trimming/Pruning, and Mulching): These line items shall be performed at the request of the Contract Administrator or designee as needed. The Contractor shall report to work within three (3) business days after written notification by the Contract Administrator. The Contractor may, at the time of notification, request additional time to respond.

Approval of the additional response time will be decided by VDOT on a case-by-case basis. Work shall be performed on a Continuous operation basis. (See Section IV B.5).

3. Work Hours: Normal work hours are generally 7:00 am to 3:30 pm, Monday through Friday, unless mutually agreed.

4. Weather Conditions: All work shall only take place when weather conditions permit. All work shall cease when weather or any other conditions which are considered a safety hazard. VDOT in its sole discretion shall determine whether operations shall cease.

5. Failure to Report: If the Contractor fails to commence work at the mutually agreed upon time, a Procurement

Complaint Form may be issued against the Contractor. Failure of the Contractor to perform work, VDOT may get another source and the Contractor may be held responsible for any resulting additional purchase and administrative costs in accordance with General Terms and Conditions Paragraph P.

D. SAFETY REQUIREMENTS:

1. Safety Standards, Rules and Regulations: The Contractor shall ensure that all personnel and equipment shall conform to all applicable Federal, State and Local Regulations, codes, specifications and standards, including OSHA, VOSH, NCHRP 350 and VDOT safety rules and regulations as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes but is not limited to equipment having vehicular backup alarm systems and flashing lights and equipment that contains a roll over protection system must be equipped with seat belts that shall be worn by occupants while in use.

2. Safety Equipment: All contractor supplied equipment, tools and personal safety equipment shall meet or exceed the safety standards specified for such items by the American National Standards Institute Manual (ANSI Z133.11994).

The Contractor shall provide and ensure that all employees wear the proper safety equipment while on the work site in accordance with OSHA and VOSH standards. Necessary safety supplies and equipment, shall include, but is not limited to, safety hats, vests, steel toe shoes, gloves, glasses, etc.

3. Authority To Suspend Work: During the execution of the work, the VDOT Contract Administrator 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 worker’s and/or general public, for failure to carry out orders for such period, and as he may deem necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in be in the public’s interest.

E. PRICING SCHEDULE - MEASUREMENT FOR PAYMENT:

Line 1: Finish Mowing/String Trimming/Edging/sidewalk & entry way cleaning/debris disposal:

(approximately 12.5 acres): The unit bid price shall represent one (1) cycle estimated frequency of service is once per week, with approximately twenty-eight (28) mowing cycles completed per season from April to

November. Bid price shall include all labor, equipment, materials, incidental supplies, leaf removal, administrative costs, transportation of equipment and employees to and from project site, and debris disposal needed for mowing (tractor and hand), string trimming and cleaning of sidewalks and entry ways.

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Line 2: Plant Bed Hand Weeding: (approximately 12.5 acres): The unit bid price shall represent one (1) cycle with an estimated quantity of twenty-eight (28) cycles per season (weekly) at each finish mowing service visit. Bid price shall include all labor, equipment, materials, incidental supplies and debris disposal.

Line 3: Shrub Trimming and Pruning: (approximately 12.5 acres): The unit bid price shall represent one

(1) cycle with an estimated frequency of two (2) cycles per season. Bid Unit Price shall include all labor, equipment, materials, incidental supplies and debris disposal needed for seasonal cutting and pruning bushes and shrubbery. This service shall be performed at the request of Contract Administrator or Designee.

Line 4: Mulching: (approximately 12.5 acres): The unit bid price shall represent one (1) cycle with estimated quantity of two (2) cycles per season (spring and fall). Bid unit price shall include all labor, equipment, materials, mulch, incidental supplies and debris disposal needed for mulching of all trees, shrub and plant bed areas. For bidding purposes, the estimated quantity is (2) cycles per season (spring and fall).

This service shall be performed at the request of the Contract Administrator or Designee.

Line 5: Leaf Removal: (approximately 12.5 acres): The unit bid price shall represent one (1) cycle with estimated frequency of two (2) cycles per season. This is a continuous type of service starting approximately

October 1st at 14 calendar day intervals until all leaves are removed at the conclusion of fall leaf season

(approximately December 1st). This service shall be performed at the request of the Contract Administrator.

Bid price shall include labor, equipment, materials, debris disposal, overhead expenses, travel, etc., for leaf removal.

F. INSPECTION OF JOB SITE: My signature (including electronic signature) on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the Commonwealth.

V. OPTIONAL PREBID CONFERENCE and SITE VISIT:

An optional Prebid conference and Site Visit will be hosted by the Contract Officer at 9:00 AM EST on April

18, 2024, at VDOT District Complex, 1601 Orange Road, Culpeper, VA. 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 and view the property. The site-visit will be held directly following the pre-bid conference. While attendance at this conference will not be a prerequisite to submitting a bid, bidders who intend to submit a bid are encouraged to attend.

All visitors shall report to the main VDOT entrance. 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.

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 mailto:edi@doa.virginia.gov

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VII. INVOICING:

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

Representative and Contractor Foreman on an agreeable format.

Virginia Department of Transportation

Facilities Section

1601 Orange Road

Culpeper, VA 22701

In lieu of mailing, invoices may be submitted electronically as an attachment via email to:

culpeperfacilities@vdot.virginia.gov

VIII. BIDDER’S INSTRUCTIONS and PUBLIC BID OPENING

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.

2. 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 10:00 AM EST on April 29, 2024.

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

Join the meeting now Meeting ID: 246 503 830 49 Passcode: Xggn58

Dial-in by phone.

+1 434-230-0065,,892587532# United States, Lynchburg Phone conference ID: 892 587 532# 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_YzI3NDQ4MTUtMDIzMi00ZmEwLTllYzEtMTMxY2I4ODRjYjM1%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 tel:+14342300065,,892587532

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The bid opening will begin promptly at the time indicated. At the start of the conference the VDOT Representative will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their individual name, company name and contact information during the roll call.

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

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

IX. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Sell To

Virginia”.

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

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the

Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender 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.

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

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

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

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J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

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

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

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364.

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

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

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

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

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

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

COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL

ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND

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

Conditions shall apply.

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the

Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the

Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

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

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing

Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in

Page | 14 accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual.