IFB 158928 - On-Call Hired Equipment wOperator.pdf

Administrative Services/Procurement

Hampton Roads District

On-Call Hired Equipment w/Operator

IFB #158928

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Issue Date: July 3, 2024 INVITATION FOR BIDS IFB# 158928

Title: On-Call Hired Equipment w/Operator

Commodity Code(s): 97534, 97586, 97583, 98888, 97524, 91371, 98852, 33530, 33578, 75095, 79020

Location Where Work Will Be Performed: Isle of Wight, Southampton, Greensville, Sussex, Surry, James City County, York County, Accomack County and Northampton County

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Kevin Deemer

Email: Kevin.Deemer@vdot.virginia.gov

Phone: (757) 956-3039

NOTE TO BIDDERS

Prebid Conference: An Optional Pre-Bid Conference will be held at 1:00 PM Eastern Standard Time (EST) on July 16, 2024. Refer to

Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 5:00 PM EST on July 28, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 9:00 AM EST on July 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. VENDOR QUALIFICATION / EQUIPMENT INVENTORY CERTIFICATION FORM

6. SUBCONTRACTOR APPROVAL REQUEST

7. NORMAL AND EMERGENCY CONTACTS

8. REFERENCES

9. CONTRACTOR LICENSE REQUIREMENTS

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 # 158928

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/Teleconference 14

VI. Method of Payment 14

VII. Invoicing 14

VIII. Bidders Instructions and Public Bid Opening 14

IX. General Terms and Conditions 15

X. Special Terms and Conditions 22

ATTACHMENTS

A. VA State Corporation Commission – Fillable Form

B. Small Business Subcontracting Plan (SBSP) – Fillable Form

C. Vendor Qualification / Equipment Inventory Certification – Fillable Form

D. Subcontractor Approval Request – Fillable Form

E. Normal and Emergency Contacts – Fillable Form

F. References – Fillable Form

G. Contractor License Requirements– Fillable Form

H. Virginia Code Red Ozone Days

I. Prevailing Wage Rate Determinations

J. Seeding Requirements

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.vdot.virginia.gov/doing-business/training/

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I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide on-call, as needed hourly rental of equipment with experienced operators and personnel as described herein to perform various incidental road construction and restorative/replacement maintenance on primary and secondary routes in Isle of Wight, Southampton, Greensville, Sussex, Surry, James City County, York County, Accomack County and Northampton County, located within the Hampton Roads District. The Contractor shall provide all labor, supervision, equipment, transportation of equipment, traffic control, and insurance necessary to complete the project(s) as described herein.

This contract will be awarded in lots: All equipment and personnel listed herein are to support each lot.

Lot 1: Accomac Residency (Northampton County and Accomack County).

Lot 2: Franklin Residency (Southampton County, Isle of Wight County, Sussex County, Greensville County)

Lot 3: Williamsburg Residency (Surry County, James City County, York County)

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 B 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 SBSP 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 to Kevin Deemer at Kevin.Deemer@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 3:00 PM EST on July 23, 2024.

III. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor”. Virginia Department of Transportation is referred to as “Department” or as

“VDOT”, and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: The Contractor shall provide equipment with experienced operators, labor, fuel, transportation

(mobilization), tools, supplies, supervision, and incidentals as necessary for performing incidental construction, ordinary maintenance, maintenance replacement projects and miscellaneous repair to maintain safe and efficient operations on various routes within the Hampton Roads District. The majority of the work assigned under this contract will be to supplement and support existing residency road crews.

The Contractor shall have the ability to accomplish multiple operations in multiple counties simultaneously. The Contractor will provide traffic control measures for each work location unless otherwise directed by the VDOT Contract Administrator.

VDOT reserves the right to perform any type of work within the limits of this operation. The contractor shall work with VDOT and other Contractors as necessary.

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Work may be performed at any time of the year, even during the winter season, weather permitting, at the discretion of VDOT

There may be lapses in time between project assignments. The daily hours of use may vary on each piece of equipment. Projects will be built to VDOT standards, however, there may not be a set of plans. All materials generated in connection with this contract will remain the property of VDOT. Types of work that may be required in this contract include, but are not limited to:

Clearing and Grubbing, Slope Work for the Improvement of Sight Distances, Lowering Over-Vertical Curves and Sections of

Roadway, Raising of Grades to Alleviate Roadway Drainage Problems, Widening of Fill Slopes and Shoulders, Spot Widening and Minor Reconstruction of Roadways, Replacement/ Installation of Pipe Culverts, End Walls, Box Culverts, Storm Drains, Drop Inlets, Manholes, Spring Boxes, Junction Boxes, and Intake Boxes, Repair of Minor Slough Area on Slope, Excavation and Preparation of Beds for Box Culverts and Bridge Abutment Installation, Backfilling of Box Culverts and Bridge

Abutments, Excavating and Repairing Bridge Crossings, Rip Rap Armoring of Stream/River Banks near Bridge/Culvert

Structures, Paving of Ditches, Excavation and Repair of Soft Spots in Roadways, Breaking and Removal of Concrete and Solid

Rock for the Establishment of Ditch Lines and Footers, Emergency Road Repair, Drainage Work Resulting from Flooding and

Storm Damage, and Hauling of Dirt, Debris, Stone, Asphalt, and Rip Rap.

B. SPECIFCATIONS & STANDARDS: All work shall be performed following the direction given by the VDOT Contract

Administrator, or designee. Contractor shall conduct the work assigned in compliance to the VDOT Road and Bridge

Specifications (2020 Edition or later) with the exception of Sections 102 through 109.10 and the VDOT Road and Bridge

Standards (2016 Edition or later). All traffic control shall conform to the latest VDOT approved edition of the Manual on

Uniform Traffic Control Device Standards (MUTCD) and the Virginia Work Area Protection Manual (VWAPM) dated 2011, or latest edition. The Contractor's equipment shall meet Occupational Safety & Health Administration (OSHA) and Virginia

Occupational Safety & Health (VOSH) standards. Additionally, the Contractor(s) shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations.

Road and Bridge Specifications https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-specifications/

Road and Bridge Standards https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-standards/#CurrentVersion0

Virginia Supplement to the Manual on Uniform Traffic Control Devices (MUTCD) https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/virginia-supplement-to-the-manual-on-uniform-traffic-control-devices-mutcd/

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

Occupational Safety & Health Administration https://www.osha.gov/

Virginia Occupational Safety & Health https://doli.virginia.gov/virginia_occupational_safety_health_program/

C. MATERIALS:

1. VDOT may furnish materials on a case-by-case basis required for Construction and Maintenance projects, including, but not limited to environmental materials such as silt fence, pipe, fill material, stone, stakes, staples, de-watering bags, and re-seeding products.

2. A materials line item is included on this contract for an as needed basis.

3. VDOT will specify which seed will be used per job.

https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-specifications/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-specifications/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-specifications/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-standards/#CurrentVersion0 https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-standards/#CurrentVersion0 https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-standards/#CurrentVersion0 https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/virginia-supplement-to-the-manual-on-uniform-traffic-control-devices-mutcd/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/virginia-supplement-to-the-manual-on-uniform-traffic-control-devices-mutcd/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/virginia-supplement-to-the-manual-on-uniform-traffic-control-devices-mutcd/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/work-area-protection-manual-and-pocket-guide/ https://www.osha.gov/ https://doli.virginia.gov/virginia_occupational_safety_health_program/

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D. REQUIREMENTS WHICH THE CONTRACTOR SHALL COMPLY WITH:

Contractor shall be capable of providing equipment, labor, and supervision adequately qualified for the work described herein and able to work as assigned/requested throughout the counties in the Hampton Roads District (listed under Section 1 of this document. The line items may be used individually or assembled into a crew to supplement state forces. (example) A full crew may consist of an excavator w/operator, 3 laborers, and 3 tandem trucks w/operators. While another piece of equipment w/operator without a supplemental crew could be used at the same time for another project. VDOT reserves the right to request the use of all equipment on the contract simultaneously throughout the residency as needed.

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. VDOT reserves the right to determine quantity of each type of equipment needed at each location. The Contractor may be required to provide multiple crews if required for the work to be performed.

b. Experienced, Qualified Operators/Laborers: The Contractor shall provide experienced, properly trained, qualified operators for each piece of equipment listed. The operator of each piece of equipment shall possess a valid CDL license when required for the equipment being operated. There shall be at least one (1) person on-site with a

Department of Conservation and Recreation (DCR) or Responsible Land Disturber (RLD) land disturber certification.

The Contractor shall comply with all environmental regulations necessary to complete the project.

To ensure the overall safety of all personnel and VDOT property involved in incidental construction and restorative maintenance, the Contractor shall be required to provide employees that are able to communicate in the English language. The employees shall be required to demonstrate that they are capable of understanding directions and work requests in English for safe and effective operations. Flaggers are required to speak English while performing their job duties as a flagger on VDOT assignments.

c. Flagger/Laborers: All flaggers shall be American Traffic Safety Services Associates (ATSSA) certified and shall have certification cards with them while performing these duties. Certified flaggers shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the Virginia

Work Area Protection Manual. Flaggers shall speak only English while performing their job as a flagger and shall use sign paddles to regulate traffic in accordance with the requirements of the Virginia Work Area Protection Manual.

The Contractor shall provide flagging paddles and hand-held two-way radios for communication between the flaggers.

Flaggers found performing their duties improperly may have their certifications revoked. VDOT will check on a regular basis to ensure that flaggers have their certification cards. Flaggers shall be courteous and neat in appearance at all times according to the Virginia Work Area Protection Manual. When used as a laborer, the person will be expected to perform manual labor such as cleaning pipe, shoveling stone, etc. Flaggers/laborers shall only be used in conjunction with equipment required for maintenance activity. The Contractor must have the capability of providing up to six (6) certified flaggers and up to five (5) laborers per crew simultaneously if required by VDOT.

d. Price Quoted: The quoted price for equipment shall include the equipment with qualified operator and all associated expenses including but not limited to: profit, all direct and indirect costs, administrative costs, transportation of equipment to and from assigned projects, properly qualified personnel, and cellular phones, pagers or hand-held radios.

e. Equipment without operator, not in use or not used will not be billable. All equipment shall be billed for "in use" hours only. Prices quoted shall remain firm for the contract period.

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

Page | 6 contract at the discretion of VDOT. Contractor's employees shall refer all public questions concerning projects performed under this contract to the Contract Administrator. Contractor's employees shall communicate in a courteous and respectful manner to any landowner, citizen, or any of the traveling public if approached with questions.

g. Attire and Safety Equipment: When outside the cab of the Equipment all of Contractor’s personnel shall wear OSHA approved attire. No shorts, cutoffs, tennis shoes or sleeveless shirts shall be permitted. Any operator not in compliance will be asked to leave the work site and will not be paid for the remainder of the day.

h. Crew Supervision: When the job requires multiple pieces of equipment and a foreman to be present, it shall be the

Contractor's responsibility to assign a crew supervisor, who shall always supervise and direct the work of his employees. The Contractor shall make onsite visits to the job site.

i. Contact Person: The Contractor shall assign a Supervisor as the Contract Representative, who will have the authority to execute the work. The Representative's name and phone number as well as alternate contact information, shall be provided on the bid response. The Contractor shall at all times keep a cellular phone capable of operating throughout the area covered by the contract. The Supervisor shall be available during the specified working hours for immediate contact and have the authority to take immediate action to correct conditions determined by VDOT to be unsafe, or otherwise not in accordance with the terms of the contract.

The Contractor must be able to communicate with VDOT personnel at all times. Changes in Supervisor shall be reported to VDOT in a timely manner to prevent loss of communication with the Contractor.

Local Supervisor:

Telephone Number:

Cell Phone Number:

E-Mail Address (Optional):

j. Sanitary Facilities: Contractor will provide access to toilet facilities while working on projects. It is the responsibility of the contractor to accommodate their employee's bathroom and/or relief breaks, if necessary, at no additional cost to VDOT.

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

Equipment without operator, not in use or not used will not be billable. All equipment shall be billed for "in use" hours only.

Equipment shall be of equal size, or larger, as specified on the Pricing Schedule. VDOT reserves the right to determine how many of each type of equipment will be required at each work site. The Bidder shall be required to provide with their bid, the make, model, and capacity of each piece of equipment, as noted in the Pricing Schedule.

With the bid submission, each bidder shall furnish a listing of the equipment that will be used under this contract. Reference

Attachment F, Vendor Qualification/Equipment Inventory Certification Form. The Contractor shall have the capability to supply the minimum number of equipment, and labor based on that equipment's bid line. A pre-award meeting may be conducted to inspect all equipment and verify personnel requirements. The Contractor shall provide any accessories that are necessary to operate the needed equipment and perform the assigned daily or project work efficiently. This shall include, but is not limited to, all hand tools and safety supplies.

a. Maintaining Equipment: The Contractor shall maintain and operate equipment designed for the operation(s) described herein and shall ensure the equipment is maintained in good repair and operating condition. If a breakdown occurs, the equipment must be in operable condition within four (4) hours, or a replacement piece of equipment shall arrive

Page | 7 within four (4) hours, if it is deemed essential by VDOT. No payment for time shall be allowed for equipment breakdowns.

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

c. Dump Trucks: Tandem dump trucks shall haul a minimum of ten (10) cubic yards or fourteen (14) tons, and have a standard tailgate, with experienced operator. The Contractor shall have the capability to provide a minimum of three

(3) tandem dump trucks with operators per lot per day if required by VDOT. All trucks and operators shall meet all

Virginia Motor Carrier Regulations. Dump Trucks shall be paid for actual time used during a project.

d. Truck-Mounted Attenuators and Electronic Arrow Boards: When required in accordance with the latest VDOT-approved editions of the MUTCD and VWAPM, and as determined by the Contract Administrator or designee, the

Contractor shall supply truck-mounted attenuators and electronic arrow boards. VDOT will supply the truck-mounted attenuators and electronic arrow boards, if the Contractor is unable to provide them.

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

f. Additional Trucks or Equipment: VDOT reserves the right to supply additional trucks and/or equipment from other sources if deemed necessary to efficiently complete projects.

E. 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: When digging is required, contractor shall contact VA811 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 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(s), when required, to review the submittal and again prior to the start of work. The Contractor shall include any costs for review of the work site into the bid rates.

5. Delivery, Parking and Storage: The Contractor shall not deliver and store equipment within the VDOT Rightof-Way or on VDOT property without first obtaining 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 stored on the site.

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

7. Disposal: The Contractor is responsible to 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 nor buried on the job site but shall be removed from the site and properly disposed of in a licensed landfill, at an approved VDOT dumpsite, or otherwise as required by law. No VDOT dumpsters are to be used for debris disposal.

The Contractor is responsible for all their disposal cost.

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8. Coordination with State Forces: VDOT reserves the right to perform any type of work within the limits of this operation.

The Contractor shall cooperate with VDOT and any other Contractors as necessary. Coordination between contractors on the same project shall be maintained.

9. Response Requirements: Upon notification from VDOT, the Contractor shall have five (5) business days to commence work, unless otherwise scheduled with the Contractor by VDOT. Contractor shall give VDOT notice of when work will commence, no later than 24 hours prior to reporting to work locations.

If the Contractor is actively prosecuting work under this contract on previously scheduled locations when VDOT notifies the contractor of additional locations, the time limit for the additional locations may begin upon completion of the work underway in that particular Area Headquarters or as approved by the VDOT representative, unless the new assignment is deemed urgent.

10. Commencement of Work: The Contractor shall be capable of commencing work within ten (10) days after contract award, unless otherwise noted.

Once work commences, the Contractor shall work continuously and to the fullest extent possible on each assignment until completion, except for interruptions caused by weather or delays authorized by the VDOT representative who will notify the Contractor at least 24 hours in advance of resuming operations.

11. Quality Control Final Inspection: At the completion of each work assignment, the contractor shall demonstrate to the

VDOT representative that the work is in compliance with the specifications set herein and any codes applicable. Any deficiencies shall be corrected by the contractor at the contractor's sole expense within 48 hours and prior to final acceptance of the work. A final inspection result of "satisfactory" is required prior to billing for the work. Final inspection results will be returned to the Contractor via a signed log, timesheet, email or other method, as required by the VDOT

Contract Administrator. (Final inspection result of "satisfactory" may be judged by, but is not limited to, the following criteria; proof of compliance with Road and Bridge Specifications and Road and Bridge Standards, completion of all aspects of the scope of work in the timeframe allotted, status reports from contract as well as VDOT personnel and completed timesheets and proper billing.)

F. METHOD OF ORDERING WORK:

1. Work Authorization – Upon contract award, VDOT will issue a Purchase Order for billing purposes per contract awarded.

VDOT makes no guarantee of minimum or maximum quantities as shown on the Purchase Order.

2. Notification of Work

a. Daily work: Consists of various daily or weekly work assigned to the contractor to provide personnel and equipment to work alongside and supplement existing VDOT employees and/or crews. This work could consist of, but is not limited to, a wide range of routine maintenance and repair activities for ditching, pipe, paving, patching, vegetation management, inspection, washout repair, etc.

1) The VDOT Contract Administrator or designee will notify the Contractor in writing or via email a minimum of three (3) business days prior to needing any personnel and equipment. The Contractor will have twenty-four (24) hours to respond in writing to acknowledge the request.

2) Daily logs for labor and equipment hours shall be maintained by the Contractor/Contractor Employee and provided to VDOT at the end of each day for approval by the VDOT Contract Administrator, or their designee.

3) NOTE: Daily work assignments do not require an on-site Contractor Supervisor to monitor staff, unless specifically requested by the VDOT Contract Administrator.

b. Project work: Consists of specialty work assignments for a Contractor-only crew to independently accomplish various roadway maintenance and repair activities (without the supplementation of VDOT crew assistance, as

Page | 9 outlined above). It is anticipated that VDOT will provide the materials for these specialty work assignments (pipe, stone, fill material, asphalt, etc.). However, if materials are provided by the Contractor, follow the procedures that are referenced in Special Terms and Conditions 45, Work Estimates (Time and Material Contracts).

VDOT will notify the Contractor of the location via email or telephone. Upon notification, the Contractor shall schedule a Site Inspection within five (5) calendar days of the notification. The contractor may, at the time of notification, request additional time to respond. Approval of additional response time will be determined by

VDOT on a case-by-case basis.

1) Site Inspection – The contractor shall meet with the VDOT Contract Administrator or their designee to perform an inspection to review the site conditions in order to prepare an estimate and Plan of Operations.

2) Contractor Plan of Operation – Upon the completion of the site inspection, the Contractor shall submit to the Department a proposed plan of operations, to include equipment, materials, methodology and duration. The Contractor shall also include a Cost Estimate for the site.

3) Work Notification Email – After the Plan of Operation and Cost Estimate have been reviewed and approved by the VDOT Contract Administrator, VDOT will issue a Work Notification Email. VDOT will give the Contractor a notice to proceed with the work in accordance with the accepted Plan of

Operation.

3. Continuous Operation Requirement: The Contractor(s) shall provide a continuous operation once they commence work.

Failure to comply may result in the issuance of a Procurement Complaint Form, which may ultimately result in the default of the contract in accordance with General Term and Condition, Paragraph P.

G. TRAFFIC CONTROL: Contractor shall provide traffic control in accordance with the Work Area Protection Manual.

The Contractor shall be responsible for the proper transportation, display, and removal of all traffic control devices.

The Contractor shall be responsible for furnishing and for the proper erection and placement of all traffic control devices as defined by the current Virginia Work Area Protection Manual and any revision thereof, including, but not limited to: cones, barrels, work zone signs and stands and certified flaggers. The Contractor shall provide all required certifications as required for Truck Mounted Attenuators with their bid or within two (2) days upon request to the Contract

Administrator per section 512 of the Road and Bridge Specifications.

H. LAND-DISTURBING ACTIVITY:

Where contracts include deliverables that require land disturbing activities, the Department’s current Drainage Manual, Chapter

10, Section 10.2 outlines the Requirements of the Department’s Erosion and Sediment Control Program http://www.virginiadot.org/business/resources/LocDes/DrainageManual/chapter10.pdf as follows:

10.2.2.2 VDOT Training/Certifications

Where land disturbing activities occurring within VDOT right of way are regulated under the Virginia ESC Law and

Regulations, Section 107.16(a) of the 2020 VDOT Road and Bridge Specifications (VDOT R&B Specifications) requires that all contractors performing such land-disturbing activities have a person certified by the VDOT in erosion and sediment control within the project limits. This certification requirement is mandatory for all contractors performing land disturbing activities under contracts managed by VDOT, including PPTA and Design Build agreements. For contractors performing land-disturbing activities on VDOT right of way under a Land Use Permit, the certification requirements of Section

107.16(a) shall apply if the area of land disturbance within the VDOT right of way exceeds that noted in Sections 10.2.2 and 10.2.2.3 of this document. However, contractors performing maintenance related land-disturbing activities under a hired equipment contract whose work is directly supervised by VDOT personnel are not required to be VDOT certified.

• Successful completion of the Department’s “Erosion and Sediment Control Contractor Certification” (ESCCC) course satisfies the certification requirements of Section 107.16 (a) of the 2020 VDOT R&B Specifications.

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• The ESCCC is a joint training effort between the VDOT and the transportation construction industry in Virginia. The

VDOT develops the course material and members of the transportation construction industry in Virginia administer the training, testing and issuance of certifications.

10.2.2.3 Policy/General Guidelines

Requirements of the Virginia ESC Regulations and the VDOT ESC Standards and Specifications, as approved by the DEQ, shall be incorporated into all erosion and sediment control plans and shall be enforced on all Regulated Land Disturbance

Activities managed by VDOT.

The Virginia ESC Law defines land disturbance as any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands of the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land.

Any maintenance or construction activity disturbing 10,000 square feet or greater in areas other than those within

Tidewater, Virginia (see below for more discussion) must have a project specific ESC Plan developed and implemented in accordance with VDOT’s Approved ESC Standards and Specifications.

The blading/dragging/grading associated with the maintenance of the travel surface of a dirt roadway is considered a land disturbance for erosion and sediment control, but not for stormwater management. The blading/dragging/grading associated with the maintenance of the travel surface of a gravel or aggregate stabilized roadway is not considered a land disturbance for erosion and sediment control or Stormwater management.

VDOT shall be responsible for ensuring compliance with its approved ESC Standards and Specifications by private entities

(i.e., agents, contractors, subcontractors, consultants) conducting regulated land disturbance activities on projects managed by VDOT, including those constructed under the Public/Private Transportation Act (PPTA), the Design/Build process and the Capital Outlay Program.

When not included in the proposed ESC Plan for the RLDA, the contractor must provide an ESC Plan in accordance with

Section 106 of the VDOT R&B Specifications for borrow pit sites and disposal area sites utilized exclusively to obtain or dispose of project materials, as well as other regulated offsite Support Activities, in accordance with Section 107.16 of the

VDOT R&B Specifications. Any such ESC Plan provided by the contractor must comply with VDOT’s Approved ESC

Standards and Specifications. Where required, the contractor must design, construct and maintain sediment traps and/or basins at these sites. The contractor shall supply supporting calculations for sediment trap and/or basin design and calculations demonstrating compliance with the Virginia ESC Regulations, VSMP Regulation, and Construction General

Permit. All information provided by the contractor should be reviewed by the Engineer or other Department of

Environmental Quality (DEQ) certified plan reviewer to ensure accuracy, the use of appropriate methodology and compliance with VDOT’s Approved ESC Standards and Specifications, Virginia ESC Law and Regulations, and the

General VPDES Permit for Discharges of Stormwater from Construction Activities (Construction General Permit or CGP), where applicable.

10.2.2.3 Chesapeake Bay Preservation Areas

Any maintenance or construction activity disturbing 2,500 square feet or greater within the area of Tidewater, Virginia, as defined in the Virginia Chesapeake Bay Preservation Act, must have a project specific ESC Plan developed and implemented in accordance with the VDOT’s Approved ESC Standards and Specifications. Tidewater, Virginia is defined as the Counties of Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King George, King and Queen, King William, Lancaster, Matthews, Middlesex, New

Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland and York and the Cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach and Williamsburg.

RESPONSIBLE LAND DISTURBER CERTIFICATION REQUIREMENT

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Erosion and Sedimentation: The Contractor shall exercise every reasonable precaution, including temporary and permanent measures, throughout the duration of the project to control erosion and prevent sedimentation of adjacent lands, rivers, streams, wetlands, lakes, and impoundments. Erosion and sedimentation control measures shall be applied to erodible material exposed by any activity associated with construction, including clearing and grubbing, but not limited to local material sources, stockpiles, disposal areas, and haul roads.

Should the Contractor as a result of negligence or noncompliance leave an area exposed more than 7-days, the cost of temporary seeding and or mulching shall be at Contractor’s own expense. If the delay is due to circumstances beyond the

Contractor’s control, the Department will be responsible for the expense.

Temporary measures shall be coordinated with work to ensure effective and continuous erosion and sedimentation control.

Permanent erosion and sediment control measures and drainage facilities shall be installed as the work progresses.

If any land disturbing operations will be performed by the contractor under this contract, the Contractor shall have, within the limits of the project, a person certified by the Department of Environmental Quality (DEQ) in Erosion and

Sediment Control (also known as the Responsible Land Disturber or RLD certification) who shall inspect erosion and sedimentation control devices and measures for proper installation and deficiencies immediately after each rainfall, at least daily during prolonged rainfall, and weekly when no rainfall event occurs.

Deficiencies shall be corrected immediately. Failure on the part of the Contractor to maintain appropriate erosion and sedimentation controls in a functioning condition may result in the VDOT Contract Administrator or Contract Officer notifying the Contractor in writing of specific deficiencies. If the Contractor fails to correct or take appropriate actions to correct the specified deficiencies within 24-hours after receipt of such notification, the Department may do one or more of the following: require the Contractor to suspend work in other areas and concentrate efforts toward correcting the specified deficiencies; hold progress payments; proceed to correct the specified deficiencies and deduct the entire cost of such work from monies due the Contractor; and/or terminate the contract due to default by the contractor.

Along with the remedies listed above, failure of the Contractor to maintain an individual holding a VDOT Erosion and

Sediment Control Contractor Certification (ESCCC) within the limits of the project during all land disturbing activities will result in the VDOT Contract Administrator or Contract Officer suspending work related to any land disturbing activity until such time as a certified Erosion and Sediment Control employee is present on the project.

Required Submittals: As part of the bid submittal, all bidders shall submit one of the following:

1. If there will be no land disturbing activities performed by the contractor under this contract:

A written statement that no land disturbing activities will be performed by the contractor under this contract (on company letterhead, signed by company officer/owner). If during the contract the contractor’s plan of operations changes to include land disturbing activities performed by the contractor under this contract, the following must be submitted prior to any such land disturbance.

2. If there will be land disturbing activities performed by the contractor under this contract:

Proof of Responsible Land Disturber (RLD) certification for the person or persons that will be responsible for the erosion and sedimentation control involved in the work performed under this contract.

I. SAFETY REQUIREMENTS:

1. All work performed and materials used shall conform to all applicable State codes, specifications and standards, including

VOSH, OSHA, NCHRP 350 and the Virginia Work Area Protection Manual.

2. All personnel shall at all times wear approved protective clothing, and any other equipment required to meet OSHA and

VOSH standards. The Contractor shall verify site conditions prior to starting work.

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3. 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 2133.1-1994).

4. 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 vests, steel-toed shoes, gloves, glasses, etc. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract. In addition, no hard hat or safety vest shall have the Virginia state seal or any reference to the Virginia Department of Transportation or VDOT.

5. 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.

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

J. HOURS OF WORK:

1. Normal work hours are generally from 7:00 AM to 3:30 PM., Monday through Friday, unless mutually agreed upon.

Seasonal hours may change, including but not limited to Area Headquarters converting to summer schedules. VDOT will inform contractor of seasonal hours, temporary or permanent schedule changes in a timely manner.

2. The Contractor will not be permitted to work on State Holidays without the written permission of the Contract

Administrator. State holidays include, but are not limited to, New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Juneteenth, July 4th, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Day after

Thanksgiving and Christmas Day. If any of these holidays occur on a Saturday, the preceding Friday shall be considered the holiday and if they fall on Sunday, the following Monday shall be considered the holiday. The Contractor shall also not be permitted to work the day before or after Memorial Day, Independence Day, Thanksgiving Day (the day preceding) and Christmas Day.

3. Work shall be performed in accordance with Allowable Lane Closure Hours for the State Highway System in Hampton

Roads District. Link is noted below:

https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/technical-guidance-and-support/traffic-operations/work-zones/Allowable-Lane-Closure-January-1-2024_acc012424_PM.pdf

4. VDOT reserves the right to stop work when the Department deems conditions hazardous to the traveling public.

5. VDOT reserves the right to alter these limitations on a case-by-case basis.

K. MEASUREMENT FOR PAYMENT:

1. The Contractor's quoted prices shall represent a combined total for all profit, all direct and indirect costs, such as general and administrative costs, labor, supervision, as well as costs associated with repair and/or replacement and removal of equipment, transportation of equipment and personnel to and from designated site(s) and removal and disposal of material, excavation (if needed), tools, and parts. Price quoted shall be for the unit of measure for each line item in the Event

Details/Pricing Schedule and shall be all inclusive as indicated in the description/comments for the line item. The solicitation will be awarded by LOT. Bidders shall provide a bid price for all lines within a lot.

2. Bid prices shall be shown for each bid line. $0.00 will not be accepted as a bid price.

3. Actual Hours/Units: Both Equipment and appropriate Operator shall be present, as requested by VDOT, to perform or in performance of the work. Equipment without Operator, not in use or not used will not be billable. The Contractor will be https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/technical-guidance-and-support/traffic-operations/work-zones/Allowable-Lane-Closure-January-1-2024_acc012424_PM.pdf https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/technical-guidance-and-support/traffic-operations/work-zones/Allowable-Lane-Closure-January-1-2024_acc012424_PM.pdf

Page | 13 paid at the unit price bid for the total hours of actual work performed to the nearest one-half hour. Equipment bid by the day shall be paid by each half day of actual use. Items bid by other units shall be paid as indicated in the description/comments for each line item in the Event Details/Pricing Schedule.

4. Equipment will be paid only for actual hours worked and no time will be allowed for downtime or servicing equipment.

5. Travel Time: Contractor will not be paid for travel time from Contractor’s base of operation to the VDOT reporting location or back to the Contractor’s base of operation at the end of the workday. Travel between VDOT work locations within the same day will be paid at the hourly rate per the Pricing Schedule. Other travel or movement of equipment will not be billable.

6. Show Up Time: The contractor shall be paid 2 hours show-up time if the contractor is unable to perform due to circumstances deemed beyond the control of the contractor, (emergency situations for VDOT, "Code Red Days", etc.) and the proper personnel and equipment have reported to the Project Location or assigned Area Headquarters by the time determined by VDOT. VDOT reserves the right to determine if the contractor qualifies for show up time. It shall be the contractor's responsibility to contact the Contract Administrator or their designee in the event of inclement weather and discuss with the Contract Administrator or their designee if work can be performed that day. No payment will be allowed for showing up during inclement weather without calling the Area Headquarters and talking with the Superintendent.

7. Verification: At the conclusion of the workday, the Contractor shall submit a daily timesheet showing the line items and quantities for each workday. The timesheet must be verified, mutually agreed upon and signed by the Contractor and

Contract Administrator or designee at the end of each workday. The timesheets will be used by VDOT to verify

Contractor’s invoices.

8. Equipment Breakdown: If the Contractor’s equipment breaks down causing delay in a project, VDOT will not be responsible for payment to the Contractor during this time. If replacement equipment is needed, the Contractor shall provide a replacement within twenty-four (24) hours. The Contractor will not be compensated to mobilize the replacement equipment in or out. If the needed equipment has to be obtained from another source, the Contractor will not be compensated for the trip to mobilize the broken equipment from the work site.

L. SUBMITTALS:

1. Contractor shall submit the below documentation with their bids in order to be considered responsive.

a. VA State Corporation Commission Form

b. Small Business Subcontracting Plan

2. The Contractor may submit the below documentation with their bids or within three (3) calendar days of being requested by VDOT in order to be considered responsive.

a. Vendor Qualification / Equipment Inventory Certification Form

b. Subcontractor…