IFB 159208 Specifications.pdf

Administrative Services/Procurement Equipment with Operator Services Page, Clarke & Warren Counties

IFB # 159208

Issue Date: October 11, 2024 INVITATION FOR BIDS IFB# 159208

Title: Equipment with Operator Services – Page, Clarke & Warren Commodity Code(s): 97586 Location Where Work Will Be Performed: Page, Clarke & Warren Counties

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

NOTE TO BIDDERS

Prebid Conference: A pre-bid conference will not be held for this solicitation; however, potential bidders are encouraged to present questions and obtain clarification relative to any facet of this solicitation

Solicitation Closing Date and Time: 1:30 PM EST on October 23, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 2:00 PM EST on October 23, 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’S CAPACITY

10. CERTIFIED LAND DISTURBER

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.

Administrative Services Division Staunton District

Invitation for Bids IFB # 159208 Equipment with Operator Services – Page, Clarke & Warren Counties

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 Teleconference 10

VI. Method for Payment 10

VII. Invoicing 11

VIII. Bidders Instructions and Public Bid Opening 11

IX. General Terms and Conditions 12

X. Special Terms and Conditions 18

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’s Capacity – Fillable Form

H. Land Disturber Certification - Fillable Form

I. Virginia Code Red Ozone Days

J. Prevailing Wage Rate Determination(s)

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/

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 operators and personnel to perform various general maintenance and maintenance repair operations, incidental construction, and emergency repair work in various locations on primary and secondary roadways during the contract period in Page County, located in the Harrisonburg Residency and Clarke and Warren Counties, located in the Edinburg Residency, for the Virginia Department of Transportation, Staunton District, an agency of the Commonwealth of Virginia in accordance with the specifications contained herein. This can also include small/miscellaneous paving and patching projects at VDOT facilities within the same area. Awards will be made on a Lot Total basis. VDOT reserves the right to make multiple awards for each lot.

Lots are identified as follows:

Lot 1: Page County (Harrisonburg Residency) Lot 2: Clarke & Warren Counties (Edinburg Residency)

PERIOD OF CONTRACT: From December 18, 2024 through December 17, 2025. (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 Elana Sorrell at Elana.Sorrell@VDOT.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

Provide questions no later than 5:00 PM EST on October 17, 2024.

III. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor”. Virginia Department of Transportation is referred to as “Department” or as “VDOT”, and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: The Contractor shall furnish the rental of construction equipment, experienced operator(s), laborer (s), certified flagger(s), supervision, fuel, tools, parts, supplies, and incidentals as necessary for the safe and efficient operation of the equipment listed to perform incidental and unplanned highway construction work, work in the event of a critical and immediate need, repair operations, and maintenance/maintenance replacement work. This will also include the use of equipment with operator services at VDOT facilities within this same area. The Contractor shall perform, but will not be limited to, the following work:

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, Removal of Rock Outcroppings, 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, 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. SPECIFICATIONS & STANDARDS: All work shall be performed following the direction given by the VDOT Contract Administrator, or designee. All traffic control shall conform to the latest VDOT-approved edition of the Manual on Uniform Traffic Control Device Standards (MUTCD), the latest edition of the Virginia Work Area Protection Manual (VWAPM), and VDOT IIM-TE-386.1. 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.

C. EQUIPMENT REQUIREMENTS:

1. EQUIPMENT: Equipment shall be of equal size, or larger, as specified on the Pricing Schedule, or herein. VDOT reserves the right to determine how many of each type of equipment will be required at each work site. All equipment to be used in the performance of this contract shall be listed on the fillable form attachment C, Vendor Qualification/ Equipment Inventory Certification Form with the complete information including whether it is owned or rented/leased, make, model, description, identification number, and vehicle identification number (VIN), if applicable. Failure to provide this information may result in the bid being declared non-responsive.

2. 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.

a. TRAFFIC CONTROL SIGNS AND STANDS: The Contractor shall supply, transport, erect, maintain and dismantle traffic control signs and stands in accordance with the latest edition of the VWAPM and VDOT. Sign layouts shall be in place prior to the performance of any work. This item will be paid by the 24-hour day for each set (sign plus stand).

b. TRUCK WITH TRUCK-MOUNTED ATTENUATORS AND ELECTRONIC FLASHING ARROW BOARDS:

When needed to close a lane, the Contractor shall be required to supply, transport, erect and dismantle truck-mounted attenuators and electronic arrow boards with qualified operators in accordance with the latest edition of the VWAPM.

These items will be paid by the hour and the hourly rate shall incorporate all costs associated with transporting, erecting, operating, repairing and dismantling this equipment.

c. PORTABLE TEMPORARY RUMBLE STRIPS: This work may consist of employing Portable Temporary Rumble

Strips (PTRS) in support of work-zone flagging operations at locations or times designated herein, in the VWAPM, VDOT IIM-TE-386.1, or as directed by VDOT representative. IIM-TE-386.1 provides additional requirements and guidance beyond what is shown in the Virginia Work Area Protection Manual (VWAPM) for flagging operations on two-lane roadways Contractor shall only use Portable Temporary Rumble Strips (PTRS) that are listed on the most current VIRGINIA DOT Pre-Approved Traffic Control Device Listing. The list may be accessed at:

https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/traffic-operations/traffic-control-devices/. Currently, there is only one (1) approved product. At VDOT’s discretion, these items will be paid either by the hour or by the day for each ARRAY (one set of three rumble strips). Pricing shall include “Rumble Strips Ahead” signs, installing, maintaining, removing devices, and relocating within the work zone.

d. ADDITIONAL TRAFFIC CONTROL DEVICES: If channelizing devices are required by the VWAPM for the work being performed, VDOT will supply them.

3. DUMP TRUCKS: The standard single axle dump trucks shall haul a minimum of 4-5 cubic yards or eight (8) tons.

The tandem dump trucks shall haul a minimum of ten (10) cubic yards or fourteen (14) tons.

https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/technical-guidance-and-support/technical-guidance-documents/traffic-operations/IIM212_7_368_1_2022_FINAL-508c_acc092722.pdf http://www.virginiadot.org/Business/resources/Wrk_zone/2011_WAPM_Rev_1.pdf https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/traffic-operations/traffic-control-devices/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/traffic-operations/traffic-control-devices/

a. Lot 1 : Page County - Single-axle dump truck with operator - The Contractor shall have the capability to provide a minimum of two (2) single axle dump trucks with operators at one time.

b. Tandem dump truck with operator:

Lot 1: Page County - The Contractor shall have the capability to provide a minimum of six (6) tandem dump trucks with operators at one time.

Lot 2: Clarke and Warren Counties - The Contractor shall have the capability to provide a minimum of four

(4) tandem dump trucks with operators at one time.

c. Tandem rock dump truck with operator capable of hauling heavy rip rap stone and fill material - The Contractor shall have the capability to provide a minimum of two (2) tandem rock axle dump trucks with operators at one time.

4. MAINTAINING EQUIPMENT: The Contractor shall possess or have available, prior to the award of the contract, sufficient equipment necessary to perform the work for the awarded contract. 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.

5. FUELED AND READY: The Contractor, at his expense, shall have equipment fueled and ready to begin operations prior to reporting to the work site. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools and safety supplies.

6. ADDITIONAL TRUCKS OR EQUIPMENT: VDOT reserves the right to supply additional trucks and/or equipment from VDOT sources if deemed necessary.

D. PERSONNEL REQUIREMENTS:

1. 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 the quantity of each type of equipment needed at each location. If a Contractor is successful in being awarded multiple lots, it is the Contractor’s responsibility to ensure adequate resources (personnel and equipment) are available to accomplish all work within the specified timeframe. Complete the Fillable attachment G titled Contractor’s Capacity, which is a separate fillable form attachment, to indicate the number of lots your company has the capacity for supplying the required crews/equipment. If your bid is determined to be the lowest responsive and responsible bid for more than the number of lots indicated above, VDOT reserves the right to determine which lot(s) shall be awarded to your company. The determination shall be made in the best interest of VDOT, Commonwealth of Virginia.

VDOT may require the services of several crews simultaneously; therefore, VDOT reserves the right to make multiple awards as a Primary and a Secondary for each lot.

2. EXPERIENCED, QUALIFIED OPERATORS/LABORERS: The Contractor shall provide experienced, properly trained, qualified operators for each piece of equipment listed. VDOT reserves the right to reject any of the Contractor’s employees who, in VDOT’s judgment, are not adequately qualified to perform the work. When an operator is used as a laborer, they will be paid at the laborer/flagger rate and not the equipment with operator rate. 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. Reference Special Term and Condition No. 20. The Contractor shall comply with all environmental regulations necessary to complete the project.

3. PRICE QUOTED: The quoted price for equipment shall include the equipment with operator and all associated expenses including, but not limited to, profit, direct and indirect costs, administrative costs, equipment and personnel transportation, cellular phones, pagers and hand-held radios. The hourly price for each piece of unlicensed equipment shall include the cost of mobilization (i.e. usage of lowboy tractor/trailer) to and from the work site. The price quoted for non-equipment shall include transportation, setup, breakdown and any other applicable associated cost.

4. SUPERVISION:

a. When a foreman is required, it shall be the Contractor’s responsibility to supervise and direct the work of employees and any subcontractors that may be utilized. When a foreman is not required, VDOT will provide the necessary work description to the operator(s). Subcontractors who perform work under this contract shall be responsible to the General Contractor.

b. The Contractor shall assign a Contractor’s Representative/Supervisor, who shall be equipped with a cellular telephone. The Supervision Representative shall be responsible for assigning and coordinating work, notifying the Contract Administrator of crew locations on a daily basis, processing daily/weekly reports, handling general contract performance issues and meeting with VDOT representatives as needed. The Supervisor’s name and cellular phone number shall be required prior to commencement of work activities. The Contractor shall provide this name, as well as additional personnel names and phone numbers who can be contacted 24 hours a day/7 days a week in case of emergency. Reference separate fillable form attachment E, Normal and Emergency Telephone Numbers.

5. CELLULAR PHONE: During the performance of the contract, the contact person shall carry a functional cellular telephone at all times, which is effective throughout the counties covered by the contract. Contact information shall be provided to the VDOT Contract Administrator or designee within five (5) calendar days after the contract is awarded and whenever information changes.

6. FLAGGER/LABORERS: When used as a flagger, they shall be VDOT or American Traffic Safety Services Associates (ATSSA) certified and shall have certification cards on their person 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 VWAPM. 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 VWAPM. The Contractor shall provide the flagging paddles, which must adhere to the specifications of the latest edition of the MUTCD, and hand-held two-way radios for communication between the flaggers. Flaggers found performing their duties improperly shall have their certifications revoked. VDOT will check on a regular basis to ensure flaggers have their certification cards.

Flaggers shall be courteous and neat in appearance at all times according to the VWAPM. 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. VDOT reserves the right to determine the number of flagger/laborers at each job location. The VWAPM shall determine the number of flaggers required for each job location. There may be instances where more than two (2) flaggers are required.

7. COMMUNICATION: The Contractor shall have at least one (1) individual on the worksite that communicates in

English (both orally and in writing) and comprehends the English language. This individual shall communicate instructions to the others working under this contract or coordinate this communication. VDOT personnel must be able to understand the English used by this person. Any individual used as a flagger shall comprehend and speak only in English while performing this job duty as required by the VWAPM.

8. CONTRACTOR’S CONDUCT: The Contractor shall be responsible for the conduct of all Contractor’s and

Subcontractor’s personnel while at the work site.

9. BEHAVIOR: Behavior displayed by the Contractor’s and subcontractor’s employees, such as catcalling, whistling, leering, and other similar gestures will not be tolerated. Anyone exhibiting such behavior will be barred from the work site permanently. Repeated incidents shall be grounds for termination of the contract at the discretion of VDOT.

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

11. COORDINATION WITH VDOT: VDOT shall have the right at all times to be advised, upon request, of the status of work being done by the Contractor, and details of that work. The Contractor will maintain coordination with the VDOT designee. VDOT reserves the right to perform any type of highway maintenance within the limits of the operation. The Contractor shall verify daily completions with the Contract Administrator, or designee.

E. BILLABLE TIME:

1. PAYMENT: Unless a different unit of measure (UOM) is indicated in the Pricing Schedule, payment will be made on an hourly basis to the nearest one-half hour for the actual time equipment and personnel are used at the project location, with no stand-by time allowed. The Contractor shall incorporate the mobilization costs into the bid rate for each line item.

2. VERIFICATION: At the conclusion of the workday, the Contractor shall submit a VDOT- provided daily timesheet showing the line items and quantities for each workday. The form will 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.

3. COMPLIANCE: At the conclusion of the workday, the Contractor shall demonstrate to the Contract Administrator the work is fully in compliance with the contract and VDOT specifications. Any deficiencies shall be corrected within 24 hours by the Contractor at his sole expense, prior to the final acceptance of the work. VDOT may arrange for the corrective work to be accomplished by other forces and reserves the right to deduct that portion from the amount due the Contractor. Any complaint as to quality, faulty or delinquent delivery, or violation of contract provisions will be reported to the VDOT Contracting Officer with the use of a Procurement Complaint form.

4. LOWBOY COMPENSATION: Compensation for moving equipment to and from the job site via the lowboy tractor/trailer will be paid for a one-time trip per load from the Contractor’s base of operation, the previous job site, or the VDOT Area Headquarters, whichever is closer to the job site. Payment will be made for actual moving time not to exceed two (2) hours per load. Waiting time on the job site will not be paid under normal circumstances unless pre-authorized by the Contract Administrator. No payment will be made to move the equipment back to the contractor’s base of operations.

5. BILLABLE TRAVEL TIME: Equipment traveling or moved from one VDOT work location to another VDOT work location within the same day will be paid at the equipment’s hourly rate per the Pricing Schedule. Unlicensed equipment required to be moved between job sites within the same day will be paid at the lowboy hourly rate only and not under the equipment’s hourly rate. Other travel or movement of equipment will not be billable.

6. SHOW-UP TIME: The Contractor shall be paid two (2) hours show-up time for the requested work order production items if the Contractor is unable to perform due to circumstances approved by the Contract Administrator (i.e., inclement weather, emergency situations for VDOT, etc.) and the proper personnel and equipment reported to the job location. VDOT reserves the right to determine if the Contractor qualifies for show-up time.

7. EQUIPMENT BREAKDOWN: If a piece of 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 two (2) 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. Payment will resume once the project can be restarted.

8. CRITICAL/IMMEDIATE RESPONSE FEE: VDOT will pay five hundred ($500) dollars for each critical/immediate response when required and verified that the Contractor has furnished all of the requested personnel and equipment within six (6) hours of notification. This fee will be paid only once per event and is in addition to other pay items. The critical/immediate response fee will not be subject to any increases during the duration of the contract, including the Special T & C #29, Renewal of Contract.

F. METHOD OF ORDERING WORK

1. WORK NOTIFICATION PROCEDURE: The Contractor’s official notification is the purchase order or release order, outlining setup location, quantity and types of equipment required, and expected period of time equipment will be required. In case of emergency, verbal notification shall be sufficient for the Contractor to begin. Written confirmation (purchase order or release order) shall follow within 48 hours.

2. CONFIRMATION/RESPONSE TIME:

a. After receipt of the purchase order, the Contractor shall confirm the acceptance of work assignment within 72 hours and begin work within five (5) calendar days of notification. The Contractor may, at the time of notification, request additional time to respond. Approval of additional response time will be decided by VDOT on a case-by-case basis.

For work assignments, the Primary Contractor will be contacted first.

b. When there is a requirement for a critical mobilization, the Contractor shall confirm within two (2) hours after being contacted by the Contract Administrator and work shall begin within six (6) hours of notification. The Contractor may, at the time of notification, request additional time to respond. Approval of additional response time will be decided by VDOT on a case-by-case basis. If additional response time is approved, the critical mobilization fee shall be forfeited.

3. CRITICAL MOBILIZATION: In the event of a critical/immediate need, the Contract Administrator, or designee, may request the Contractor furnish any or all listed equipment within six (6) hours of notification. If unable to provide, the secondary Contractor will be contacted and if he is unable to provide, VDOT may procure these services from another source. A one-time per event critical mobilization fee of $500 will be paid in addition to the pay items. Reference

IV.E.8.

Service under this contract may be required for emergency situations (floods, etc.), which would require a response time per the emergency situation. In cases of emergency, VDOT may contract services elsewhere if the Contractor cannot respond as needed.

4. CONTINUOUS OPERATION REQUIREMENT: The Contractor (s) shall provide a continuous operation once they commence work. If this is not done, a Procurement Complaint Form may be issued, which may ultimately result in the default of the contract.

5. CONTRACTOR’S FAILURE TO REPORT: If a Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with General Term and Condition Para. P. A Procurement Complaint Form may be issued against the Contractor.

6. DECLINING ASSIGNMENT: When the Contractor (Primary or Secondary) is unable to report to an assignment, the

Contractor shall provide the Contract Administrator, or designee, written documentation stating why they cannot perform work. The Contractor Release from Contract Form (ASD-05) will be signed by the Contract Administrator and submitted to the Contract Officer for final approval. VDOT will approve or disapprove in writing whether the Contractor is released from contractual responsibilities. If a Contractor (Primary or Secondary) declines an assignment other than one approved in writing by VDOT, they will be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with General Term and Condition No. P. A Procurement Complaint form will be issued against the Contractor.

7. MULTIPLE PROJECTS: The Primary Contractor will be contacted first for all work planned; however, if multiple projects are ongoing and the Primary Contractor is unable to provide the necessary equipment and experienced operators needed to complete all projects within VDOT’s timeframe, VDOT reserves the right to contact the Secondary Contractor to complete any projects it deems necessary. The Primary Contractor shall submit written documentation for completion of the Contractor Release Form.

G. HOURS OF WORK:

1. NORMAL HOURS OF WORK: All normal work will be expected to be performed between the hours of 7:00AM

(EST) and 7:00PM (EST), Monday through Friday; however, the Contract Administrator reserves the right to alter work schedules as needed. There may be circumstances under which the Contractor will be required to work extended hours or weekends to complete the ordinary maintenance work and planned scheduled work. During these times the Contractor will be paid at the quoted rate with no overtime allowed. No work shall be performed on Primary roadways after 12:00 noon on Fridays without the approval of the VDOT Contract Administrator, or designee. Lane closures on

Primary Routes will not be permitted after 12:00 noon the day before a holiday and will not be permitted again until the day after the holiday. When a holiday falls on a Monday, lane closures will not be permitted after 12:00 noon the preceding Friday and when a holiday falls on a Friday, lane closures will not be permitted until the following Monday, unless otherwise approved by the Contract Administrator. No work shall be allowed on State holidays unless directed by the Contract Administrator. State holidays include: New Year’s Day, Martin Luther King Day, George Washington Day, Easter, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Election Day, Veterans’ Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day. If any of these holidays occur on Saturday, the preceding Friday shall be considered the holiday and if they occur on Sunday, the following Monday shall be considered the holiday. Work activities shall only take place when weather conditions permit. Work activities shall cease when weather conditions are considered by VDOT to be hazardous for working, or for the traveling public

2. STARTING TIMES AND SCHEDULES: Starting times and schedules may vary and will be at the discretion of the

VDOT Contract Administrator or designee.

H. SAFETY REQUIREMENTS:

1. SAFETY STANDARDS, RULES AND REGULATIONS: The Contractor shall ensure all personnel and equipment comply with all OSHA and VOSH standards as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes, but is not limited to, equipment having vehicular backup alarm systems and flashing lights and equipment containing a roll-over protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to Special Term and Condition Section 30. for Safety and Health Standards.

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

3. PERSONAL PROTECTIVE EQUIPMENT (PPE): All contractor personnel shall wear the applicable PPE when required (i.e. hardhats, safety vests/apparel, etc.) and participating or observing all types of fieldwork when outside the cab of the vehicle.

4. 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.

5. 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.

I. MATERIALS REQUIREMENTS:

1. Normally, VDOT will furnish all materials necessary to complete the specified work such as stone, asphalt, concrete, pipe, etc. This will not include any materials classified within this solicitation as the Contractor’s responsibility.

2. When directed by the Contract Administrator, or designee, the Contractor shall furnish incidental supplies and materials from a VDOT-approved supplier not to exceed $500.00 per occurrence with the use and location identified. If applicable, supplies or materials listed in the VDOT-approved product listing can be found at http://www.virginiadot.org/business/resources/Materials/approve_Lists.pdf. These incidental supplies and materials will be billed to VDOT at the invoiced cost with no mark-up. The Contractor shall furnish copies of all original invoices for materials with the invoice. VDOT will only pay for material that has been utilized. The breakdown must include the type of material, amount used, unit cost and extension. All materials shall be in accordance with the http://www.virginiadot.org/business/resources/Materials/approve_Lists.pdf

Virginia Department of Transportation Road and Bride Specifications, 2020 or latest edition, excluding all of Sections 101 through 110.

J. MANNER OF CONDUCTING WORK AT THE JOB SITE:

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

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

3. REVIEW OF WORK SITE: The Contract Administrator, or designee, will review the work site with the Contractor prior to the start of work. The Contractor shall include the cost to review work sites prior to starting work into their overhead cost incorporated into the prices quoted.

4. DELIVERY, PARKING AND STORAGE: The Contractor shall not deliver and store equipment within the VDOT

Right-of-Way or VDOT property without first obtaining permission from the Contract Administrator, or designee. The Contract Administrator, or designee, will approve the parking and storage arrangements; however, VDOT will not be responsible for any loss or damage to the Contractor’s equipment that is left at this site.

5. MISS UTILITY: When digging is required, the Contractor shall contact “Miss Utility of Virginia” for marking underground utilities prior to the performance of work and provide VDOT with the assigned “Miss Utility” ticket number to confirm the site is clear for work to commence. The Contractor shall not dig until verifying the marking has occurred. When the job is complete, the Contractor is responsible for clearing the ticket number. The Contractor will be responsible for any damages caused when “Miss Utility” guidelines are not followed.

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 or otherwise as required by law. No VDOT dumpsters are to be used for debris disposal. The cost for disposal shall be included in the bid pricing.

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 other contractors as necessary.

V. PRE-BID CONFERENCE: A pre-bid conference will not be held for this solicitation; however, potential bidders are encouraged to present questions and obtain clarification relative to any facet of this solicitation. Reference section II

QUESTIONS REGARDING THIS INVITATION FOR BID.

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

VII. INVOICING: After acceptance of work, invoices shall be submitted biweekly (or upon completion of work) to the applicable mailing addresses or email addresses 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.

Lot 1 - Page County Lot 2 - Clarke & Warren Counties Virginia Department of Transportation Virginia Department of Transportation Harrisonburg Residency Edinburg Residency 3536 North Valley Pike 2275 Northwestern Pike Harrisonburg, VA 22802 Winchester, VA 22603-3955 StauntHburgAP@vdot.virginia.gov StaunteburgAP@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 2:00 PM EST on October 23, 2024.

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

Join the meeting now Meeting ID: 287 986 094 15 Passcode: aPvKBM

Dial in by phone +1 434-230-0065,,932519561# United States, South Hill Find a local number Phone conference ID: 932 519 561#

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.

mailto:StauntHburgAP@vdot.virginia.gov mailto:StaunteburgAP@vdot.virginia.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ZhMjU4MGEtZjg4YS00NDUyLTlmYzMtYWVlMjg4ZmM0ZmJk%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22d3fc78de-4286-4a9a-b82e-56b5da7677f7%22%7d tel:+14342300065,,932519561 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=932519561

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.

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.

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

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…