IFB 26 -27- 01- Asphalt Marking and Overlay.doc

IFB FY 27-01: Asphalt Overlay and Traffic Marking

IFB FY 27-01: Asphalt Overlay & Traffic Marking

This work consists of the asphalt milling, overlay and traffic marking of streets in the Town of South Hill.

Town of South Hill 211 South Mecklenburg Avenue South Hill, VA 23970

Telephone: 447-3191

Fax: 447-5064

Table of Contents Section 1 Advertisement Pg 3

Section 2 Purpose, Scope & Specifications Pg 4

Section 3 Qualifications Pg 5

Section 4 Terms and Conditions Pg 6

4a Mandatory Terms and Conditions Pg 6 4b Special Provisions Pg 13 4c General Terms and Conditions Pg 13 Section 5 Attachment “A” - Contractor Data Sheet Pg 21

Section 6 Specifications Pg 22

Section 7 Bid Form Pg 26

Section 8 Sample Certificate of Insurance Pg 28 Section 7 Additional General Terms and Conditions Pg 29 Section I - Advertisement

Sealed bids will be received by the Town of South Hill, Virginia at the South Hill Town Hall, 211 South Mecklenburg Avenue, South Hill, VA 23970 for IFB FY 26-01: Asphalt Overlay and Traffic Marking at 2:00 p.m. on Wednesday, November 18, 2026. Performance and payment bonds will be required of the successful bidder.

A bid bond of 5% of the total bid will be required.

The work consists of the asphalt milling, overlay, and traffic marking on the streets noted in the Bid Form on page 26 of the bid packet. On the date and time specified above, the bids will be opened and read aloud.

Copies of the bid forms and specifications are available from the Administrative Offices of the Town of South Hill at the above address, or by calling (434) 447-3191 during normal business hours (8:30 a.m. - 5:00 p.m. M-F, except holidays).

The Town of South Hill reserves the right to reject any and all bids or to accept the bid which, in its judgment, will be in its best interest.

NO BID MAY BE WITHDRAWN FOR A PERIOD OF FORTY-FIVE (45) DAYS SUBSEQUENT TO THE DATE OF THE BID OPENING.

Any bid may be withdrawn PRIOR to the scheduled time for bid opening or authorized postponement thereof.

Envelopes shall be clearly marked on the outside “Sealed Bid” and show the IFB number, IFB subject, opening time, opening date, and Contractor’s registration number. The Town will NOT accept emailed or faxed bid packages. Bids that are emailed or faxed will be destroyed and not considered as a responsive bid.

Bids shall be submitted IN DUPLICATE to:

BY USPS:

or BY Physically delivering to:

Town of South Hill

Town of South Hill

Attn: C J Dean

Attn: C J Dean 211 S. Mecklenburg Avenue

111 East Danville Street South Hill, VA 23970

South Hill, VA 23970 PUBLICATION: The Mecklenburg Sun

Section II - Purpose and Scope

PURPOSE:

The purpose of this Invitation for Bid (IFB) and the resulting contract / purchase order is to obtain the services of a qualified licensed contractor having experience in the removal and placement of asphalt and traffic markings in accordance with the specifications attached herein.

SCOPE:

This contract shall cover the total cost of all labor, insurance, permits, materials, personnel, transportation, supplies, traffic control, etc., as necessary for or incidental to the performance of the work as follows and in accordance with the specifications, terms and conditions as specified herein.

The work shall consist of the milling of old asphalt, placement of new asphalt, and painting of traffic markings in accordance with the specifications and time schedule.

Section III - Qualifications

The Contractor shall provide the following if they have not performed work for the Town of South Hill in the last two (2) years: names, addresses, and telephone numbers of at least three (3) other firms or governmental agencies for whom this type of work has been performed in the past twelve (12) months. This information is to be filled out on Attachment A, which must be submitted with the bid - in duplicate.

The Town of South Hill will consider, in determining the qualifications of a bidder, his record in performance of any contracts for the services into which he may have entered with the Town or with other public bodies or corporations; and, the Town of South Hill expressly reserves the right to reject the bid of such bidder, if such record discloses that said bidder, in the opinion of the Town, has not properly performed such contracts or has habitually and without just cause neglected the payment of bills, or has otherwise disregarded his obligations to subcontractors, suppliers, or employees.

The Town of South Hill will make an investigation as to the ability of the bidder to perform the work. The Town of South Hill reserves the right to reject any bid, if the evidence submitted by, or investigation of the bidder, fails to satisfy the Town that such bidder is properly qualified by experience and financial status to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

Section IV - Terms and Conditions

MANDATORY TERMS AND CONDITIONS

Requirements in this subsection have been specified as mandatory and must be met to the degree stated in these specifications in order for the bid to receive further consideration. Bids which fail to meet ALL of the mandatory requirements may be considered unacceptable and may not be considered for selection.

The Town’s General Terms and Conditions, which are a separate Attachment C to these specifications, must be met and part of the contract for the services.

Final acceptance of purchase will depend on the successful completion of all necessary work as specified.

The bidders shall state on the Official Town Bid form the cost of each of the items as outlined.

All attachments to this solicitation are incorporated into this Section and therefore, are considered by the Town to be mandatory requirements.

a. Measurements - The bidders are responsible for visiting the sites and verifying the locations and the measurements specified in this solicitation.

b. Progress Schedule – Upon receiving the “Notice of Award” the Contractor shall proceed according to the following schedule (calendar days): 1) 10 days – complete and submit all necessary paperwork (insurance, bonds, etc); 2) No asphalt work will be performed during the period of November 15th to April 1st without the expressed written permission of the Town; and 3) All work must be completed on or before June 1, 2021. The Contractor shall coordinate the exact work schedule with the Public Works Director or his designee.

c. Contract Extension - The Contractor shall perform fully, entirely and in a satisfactory and acceptable manner the work contracted, by JUNE 30, 2027. Penalties will be assessed against the contractor beginning with the any work that is not actually completed by June 30, 2027. No asphalt work will be performed during the period of November 15th to April 1st without the expressed written permission of the Town.

Any requests for time extensions, due to unforeseeable delays beyond the contractor’s control and without the fault or negligence of the Contractor, shall be made in writing to the Town within ten (10) days from the beginning of such delay. All requests will be judged on their individual merit and it must be understood that weather not considered unusually severe will not necessarily be justification for a time extension.

d. Modification of Contract - The Town may, upon mutual agreement with the contractor, issue written modifications to the scope of work of this contract, and within the general scope thereof, except that no modifications can be made which will result in an increase of the original contract price by a cumulative amount of more than $30,000 or 25% of the contract, whichever is greater, without the written approval of the Mayor and Council.

e. Insurance - The Contractor shall provide the Town with a Certificate of Insurance PRIOR to the start of any work under the contract and agrees to maintain such insurance until the completion of the contract. The minimum limits of liability shall be:

Worker’s Compensation - Standard Virginia Worker’s Compensation Policy

Broad Form Comprehensive General Liability - $1,000,000

Automobile Liability - $500,000 Combined Single Limit

THE TOWN OF SOUTH HILL IS TO BE NAMED AS AN ADDITIONAL INSURED AND THIS IS TO BE NOTED ON THE CERTIFICATE OF INSURANCE.

The policy shall be delivered to the Town PRIOR to the start of any work. A thirty (30) day written notice of cancellation or non-renewal shall be furnished by the certified mail to the Town at the address indicated on the solicitation.

The signature of the Contractor on the proposal constitutes certification that, if awarded the contract, the Contractor shall obtain the required coverage as specified herein within ten (10) days of the notification of award.

A copy of a Sample Certificate of Insurance is attached to this document as Attachment B for your review.

f. Hold Harmless Clause - Bids shall provide for the contractor holding harmless the Town of South Hill and representatives thereof from all suits, actions, or claims of any kind brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding contract work, or on account of any act or omission by the contractor or its employees, or from any claim or amounts arising or recovered under any law, bylaw, ordinance, regulation, or decree.

g. Laws and Regulations - The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations and lawful orders of any public authority bearing on the performance of this work.

The Contractors and Subcontractors shall comply with the Virginia Contractor’s Registration Law, Title 54, Chapter 7, Code of Virginia (1950) as amended.

All non-resident Contractors and Subcontractors submitting bids on the work described herein shall register with the Department of Labor and Industry under the provisions of Subsection 40.1-30 of the Code of Virginia (1950) as amended.

This contract and all other contracts and subcontracts are subject to the provisions of Articles 3 and 5, Chapter 4, Title 40.1, Code of Virginia (1950), as amended, relating to labor unions and the “right to work”, and all Contractors and Subcontractors, whether residents or non-residents of the Commonwealth, who perform work related to the project shall comply with all of said provisions.

The Contractor shall furnish the Town copies of affidavits upon request giving original dates, renewal dates and expiration dates of all labor contracts related to any phase of the work to be performed on the job site under this contract.

The provisions of all rules and regulations governing safety as adopted by the Safety Codes Commission of the Commonwealth of Virginia, issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia (1950), as amended, shall apply to all work under this contract.

h. Superintendence by the Contractor - The Contractor shall be responsible for all means, methods, techniques, sequences, and procedures and for coordinating all portions of the work under the Contract except where otherwise specified in the Contract Documents.

The Contractor shall, at all times, enforce strict discipline and good order among the workers on the project, and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him or her.

The Contractor shall employ an English-speaking superintendent or foreman, at the work site, at all times. This person shall have full authority to act for the Contractor and in full accordance with the Public Works Director or his designee’s instructions.

The Town shall have the right to terminate the contract due to communications problems between the Contractor and / or his representative and the Town’s representative.

i. Contractor’s Title to Materials - No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sales or other agreement by which an interest is retained by the seller. The Contractor warrants that he has clear title to all materials and supplies for which he invoices for payment.

j. Warranty of Materials and Workmanship - The Contractor warrants that, unless otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new, first class, and in accordance with the Contract documents. The Contractor further warrants that all workmanship shall be first class and in accordance with the Contract Documents and shall be performed by persons qualified in their respective trades.

The Contractor shall guarantee all work performed under this contract against faulty workmanship for a minimum of one (1) year. Work not conforming to these warranties shall be considered defective.

This warranty of materials and workmanship is separate and independent from and in addition to any other guarantees in this Contract.

k. Protection of Persons and Property - The Contractor expressly undertakes, both directly and through its Subcontractors, to take every precaution at all times for the protection of persons and property, including the Town’s employees and property and its own.

The Contractor shall use customary and reasonable precautions, including suitable protective coverings where necessary, to prevent damage to adjoining areas.

The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work.

The Contractor shall continuously maintain adequate protection of all work from damage and shall protect the Town’s property from injury or loss arising in connection with this Contract. The Contractor shall make good any damage, injury or loss, except such as may be directly due to errors in the Contract documents or caused by agents or employees of the Town. The Contractor shall adequately protect adjacent property as provided by law and the Contract Documents, and shall provide and maintain all passageways, guard fences, lights, and other facilities for protection required by public authority, local conditions, or any of the Contract Documents.

l. Owner’s Right to Terminate Contract - The contract may be terminated by the Town for any one of the following reasons:

1. If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of his inventory;

2. Substantial evidence that the progress being made by the Contractor is insufficient to complete the work within the specified time frame;

3. If the Contractor should persistently or repeatedly refuse or should fail, except in cases for which extensions of time is provided, to supply enough properly skilled labor or proper materials;

4. If the Contractor should fail to make prompt payment to Subcontractors or for material or labor, or persistently disregards laws, ordinances, or the instructions of the Town, or otherwise be in substantial violation of any provisions of the Contract;

5. Failure of the Contractor to promptly make good any defects in materials or work or any defects of any other nature, the correction of which has been directed in writing by the Town;

6. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the Town in the construction of the work under contract;

7. If the Contractor should fail to work on the project on a continuous basis. Unauthorized absence of the contractor from the work area for more than a forty-eight (48) hour period shall constitute immediate cancellation of the work and procedures to finish the project utilizing any remaining funds.

Prior to termination of the Contract, the Contractor and his surety shall be notified in writing by the Town of the condition which makes termination of the contract imminent. Ten (10) days after this notice is given, if a satisfactory effort has not been made by the Contractor or his surety to correct the conditions, the Town may declare the contract terminated and notify the Contractor and his surety accordingly.

Upon receipt of the notice of termination, the Contractor shall immediately discontinue all operations. The Town may then proceed with the work in any lawful manner that they may elect until the project is final and complete.

The Town reserves the right to take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method is deemed expedient. In such case, the Contractor shall not be entitled to receive any further payment. If the expense of finishing the work, including compensation for additional managerial and administrative services, shall exceed the unpaid balance of the contract price, the Contractor shall pay the difference to the Town. The expense incurred by the Town as herein provided, and the damage incurred through the Contractor’s default, shall be certified by the Town.

Termination of the Contract under this section is without prejudice to any other rights or remedies of the Town.

m. Performance and Payment Bond - The following bonds or surety shall be delivered to the Town within ten (10) days of the notification of award and PRIOR to the commencement of any work and shall become binding on the parties upon the execution of the Contract:

A performance bond satisfactory to the Town, executed by a surety company authorized to do business in Virginia or otherwise secured in a manner satisfactory to the Town, for the faithful performance of the Contract in strict conformity with the plans, specifications and conditions of the Contract Documents. The bond shall be in an amount equal to 100% of the price specified in the contract; and a payments bond satisfactory to the Town, executed by a surety company authorized to do business in Virginia or otherwise secured in a manner satisfactory to the Town, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the Contract Documents. Labor and materials shall include public utility services and reasonable rentals of equipment, but only for the periods when the equipment rented is actually used at the site. The bond shall be in an amount equal to 100% of the price specified in the contract.

A prime contractor shall not be precluded from requiring each subcontractor to furnish a payment bond with surety thereon in an amount equal to 100% of the contract with such subcontractor.

n. Contractor Registration - If a contract for construction, removal, repair or improvement of a building or other real property is for one hundred twenty thousand dollars ($120,000) or more, or if the total volume of all such contracts undertaken by the bidder within any twelve (12) month period is seven hundred fifty thousand dollars ($750,000) or more, the bidder is required under Title 54, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors as a “CLASS A CONTRACTOR”. If such a contract is for ten thousand dollars ($10,000) or more but less than one hundred twenty thousand dollars ($120,000), the bidder is required to be licensed as a “CLASS B CONTRACTOR”. The bidder shall place on the outside of the envelope containing the bid and shall place in the bid over his signature whichever of the following notations is appropriate, inserting his contractor license number:

Licensed Class A Virginia Contractor #: ___________________________ Specialty #: _________________________________________________

Licensed Class B Virginia Contractor #: ___________________________ Specialty #: _________________________________________________

If the bidder shall fail to provide this information on his bid and on the envelope containing the bid and shall fail to promptly provide said contractor license number to the Town in writing when requested to do so before or after the opening of the bids, he shall be deemed to be in violation of Section 54-139 of the Code of Virginia (1950), as amended and his bid will not be considered.

If a bidder shall fail to obtain the required license prior to submission of his bid, the bid shall not be considered.

o. Defective Work - All work which has been rejected or condemned shall be repaired, or, if it cannot be satisfactorily repaired, removed and replaced at the Contractor’s expense. Materials not conforming to the requirements of the specifications shall be removed immediately from the site of the work and replaced with satisfactory material by the Contractor at his expense.

After receiving formal notice from the Town, if the Contractor fails to make satisfactory repairs or to remove and replace rejected or condemned materials or work, the Town may recover for such defective work or materials on the Contractor’s bond, or by action in a court having proper jurisdiction over such matters, or may employ labor and equipment to perform corrections and charge the cost for such to the Contractor, which costs will be deducted from any money due the Contractor.

p. Conditions at the Site, Building, or Structure - Bidders shall visit the contract work site and shall be responsible for having ascertained pertinent local conditions such as location, accessibility and general character of the site, building, or structure, and the character and extent of existing work within or adjacent to the site. Claims, as a result of failure to do so, will not be considered by the Town.

q. Subcontracts - The Contractor shall, as soon as practicable after the signing of the Contract, notify the Town in writing of the names of Subcontractors proposed for the principal parts of the work. The Contractor shall not employ any Subcontractor that is not responsible or otherwise suitable. The Town shall not direct the Contractor to contract with any particular Subcontractor; however, the Town may disapprove of the use of any Subcontractor deemed unsuitable.

The Contractor agrees that he is fully responsible to the Town for the acts or omissions of his Subcontractors and of persons either directly or indirectly employed by them, as he is for acts or omissions of persons directly employed by him.

r. Use of Premises and Removal of Debris - The Contractor expressly undertakes, either directly or through its Subcontractor:

1. To perform this Contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or at the location of the work;

2. To store its apparatus, materials, supplies, and equipment in such an orderly fashion at the site of the work as will not unduly interfere with the progress of the work or the work of the Town;

3. To clean up frequently all refuse, rubbish, scrap materials and debris caused by its operation, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance.

s. Work Site Damages - Any damage to the street surfaces, concrete surfaces, grass areas, trees, shrubs, or any other existing physical condition resulting from the performance of this Contract shall be repaired to the Town’s satisfaction at the Contractor’s expense. The cost of repair or replacement shall be included in the unit price. In the event that repair or replacement is not made prior to the final payment, sufficient funds will be retained to provide for the necessary repairs.

t. Temporary Suspension of Work - The Town shall have the authority to suspend the work wholly, or in part, for such period (s) as may be deemed necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the Contractor’s failure to carry out orders given or perform any or all provisions of the Contract.

If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way, and the Contractor shall take every precaution to prevent damage or deterioration of the work performed, such as, provide suitable covering to all exposed areas, where necessary.

The Contractor shall not suspend the work without the written authority from the Town and shall proceed with the work promptly when notified by the Town to resume operations. The time in which work is suspended by written order for reasons not connected with the Contractor’s failure to perform or improper performance shall not be charged against time for completion of the Contract.

u. Liquidated Damages - It is hereby understood and agreed by the Bidder that time is of the essence in the delivery of services, materials, or supplies of the character and quality specified in the bid document. In the event these specified supplies, services, or materials are not delivered by the date specified, there will be deducted, not as a penalty but as liquidated damages, the sum of $100.00 per day for each and every calendar day of delay beyond the time specified; except that if the delivery be delayed by any act, negligence or default on the part of the Town, public enemy, war, embargo and fire or explosion not caused by the negligence or intentional act of the Contractor or his supplier(s), or by riot, sabotage or labor trouble that results from a cause entirely beyond the control or fault of the Contractor or his supplier(s), a reasonable extension of time as the Town deems appropriate may be granted. Upon receipt of a written request and justification for an extension from the Contractor the Town may extend the time for performance of the Contract herein specified at the Town’s sole discretion for good cause shown.

v. Award - The Town will make the award on a Lump Sum basis to the lowest responsive and responsible bidder. The Town Manager or his designee reserves the right to conduct any test it may deem advisable and to make all evaluations. The Town also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the Town to be in its best interest.

w. Bid Bond - Guaranty: Each bid shall be accompanied by a bid guaranty of five percent (5%) if the amount of the bid, which shall be a certified check, cashier’s check, or a bid bond from a surety company selected by the bidder that is legally authorized to do business in Virginia payable to the Town of South Hill, Virginia. Such bid bond or check shall be submitted with the understanding that it shall guarantee that the bidder will not withdraw such bid during the period of sixty (60) days following the opening of bids; that if such bid is accepted, the bidder will accept and perform under the terms of the bid and puchase order / contract. The bid guaranty will be returned upon award of the contract.

x. Business License: The successful bidder will need to obtain an appropriate business license from the Town of South Hill, if such license has not already been obtained.

Special Provisions

The quantities shown on the “Town Bid Form” are for the sole purpose of comparing bids. The Town of South Hill does not guarantee, not shall it be held liable, to purchase the quantities shown.

The contractor agrees to perform extra work when so authorized by the Town of South Hill. The extra work shall be paid at the submitted contract unit price.

General Terms and Conditions

VENDOR: THE GENERAL TERMS AND CONDITIONS WHICH FOLLOW APPLY TO ALL PURCHASES AND BECOME A DEFINITE PART OF EACH FORMAL INVITATION TO BID, REQUEST FOR PROPOSALS, PURCHASE ORDER AND / OR OTHER AWARD ISSUED BY THE TOWN OF SOUTH HILL, VIRGINIA, UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION DOCUMENTS. BIDDERS / OFFERORS OR THEIR AUTHORIZED REPRESENTATIVES ARE EXPECTED TO FULLY INFORM THEMSELVES AS TO THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS BEFORE SUBMITTING BIDS / PROPOSALS; FAILURE TO DO SO WILL BE AT THE BIDDERS’ / OFFERORS’ OWN RISK AND HE CANNOT SECURE RELIEF ON THE PLEA OF ERROR.

SUBJECT TO STATE, COUNTY AND LOCAL LAWS AND ALL RULES, REGULATIONS AND LIMITATIONS IMPOSED BY LEGISLATION OF THE FEDERAL GOVERNMENT, BIDS / PROPOSALS ON ALL SOLICITATIONS ISSUED BY THE PURCHASING OFFICE WILL BIND BIDDERS / OFFERORS TO APPLICABLE CONDITIONS AND REQUIREMENTS HEREIN SET FORTH UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION.

PLEASE NOTE: Price adjustments will be made in accordance with VDOT Special Provision for Asphalt Material Price Adjustments.

1. CLARIFICATION OF TERMS - If any prospective bidder / offeror has questions about the specifications or other solicitation documents, the prospective bidder /offeror should contact the Town Manager or the Director of Municipal Services NO LATER THAN SEVEN (7) WORKING DAYS BEFORE opening / closing date. Any revisions to the solicitation will be made only by addendum issued by the Town Manager or Director of Municipal Services.

2. PREPARATION AND SUBMISSION - In order to be considered for selection, the bidder / offeror or must submit a Complete response to the INVITATION FOR BID. Two (2) copies of each bid / proposal must be submitted on the Town of South Hill bid form.

The bid proposal shall be signed by an authorized representative of the bidders’ / offerors’ firm and delivered to the proper location by the time and date specified on the cover page.

Bids will not be accepted through email of fax.

3. ENVELOPE IDENTIFICATION - The signed bids must be returned in a sealed envelope and identified as follows: “SEALED BID,” show the IFB number, IFB subject, opening time, opening date, and bidder’s name and address. In the case of proposals, the signed proposal cover page and proposal must be returned in a sealed envelope, marked clearly on the outside “SEALED COMPETITIVE NEGOTIATION,” show the IFB number, IFB subject, closing time, closing date, and offeror’s name and address.

If a bid or proposal is mailed in an envelope, not identified as specified, the bidder / offeror takes the risk that the envelope may be opened inadvertently and the information compromised, which may cause the bid or proposal to be disqualified. The Town reserves the right to declare such a bid as non-responsive. Bids or proposals may be delivered by hand to the designated location.

4. LATE BIDS / PROPOSALS - Late bids or proposals will be returned to the bidder or offeror unopened, if the IFB number and return address are shown on the envelope.

5. QUOTATIONS TO BE F.O.B. DESTINATION - Quote F.O.B. destination for all competitive sealed bids. Otherwise, show the exact cost to deliver.

6. PRICING ERRORS - In case of an error in the price extension, the firm fixed unit price shall govern.

7. BID / PROPOSAL ACCEPTANCE PERIOD - Bids shall be binding upon the bidder for sixty (60) days following the bid opening date. Any bid or proposal on which the bidder or offeror shortens the acceptance period may be rejected.

8. CORRECTION OR WITHDRAWAL OF BIDS AND CANCELLATION OF AWARDS UNDER COMPETITIVE SEALED BIDDING - Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bid mistakes, shall be permitted. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the Town or fair competition shall be permitted. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the Town. No bid may be withdrawn when the result would be to award the Contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent. If a bid is withdrawn, the lowest remaining bid shall be deemed to be the low bid. If the Town denies the withdrawal of a bid, it shall notify the bidder in writing stating his decision.

9. USE OF BRAND NAME OR EQUIVALENT - Unless otherwise provided in the solicitation, the name of a certain brand, make or manufacturer does not restrict bidders or offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the Town of South Hill, in its sole discretion, determines to be equal to that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder or offeror is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalogs and technical details to enable the Town of South Hill to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation.

Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder or offeror clearly indicates in its bid or proposal that the produce offered is an “Equal” product, such bid or proposal will be considered to offer the brand name product referenced in the solicitation.

10. SAMPLES - Samples, if required, must be furnished free of expense to the Town of South Hill on or before the date specified; if not destroyed in examination, they will be returned to the bidder, if requested, at his expense. Each sample must be marked with the bidder’s name and address, the Town’s IFB number and the opening date. DO NOT ENCLOSE IN THE BID OR ATTACH THE BID TO THE SAMPLE.

11. DEFAULT - In case of failure to deliver the goods or services in accordance with the contractual terms and conditions, the Town of South Hill, Virginia, after due oral or written notice, may procure them from other sources and hold the defaulting Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Town of South Hill may have.

12. CONDITION OF ITEMS - All items bid or proposed shall be new and in first class condition, including containers suitable for shipments and storage, unless otherwise indicated in the bid invitation or proposal request. Verbal agreements to the contrary will not be recognized.

13. SUBSTITUTION - No substitutions or cancellations are permitted without prior written approval by the Town.

14. RIGHTS OF THE TOWN OF SOUTH HILL - The Town reserves the right to accept or reject all or any part of bids or proposals, waive minor technicalities or informalities and award the contract to the lowest responsive and responsible bidder or most qualified and best suited offer which serves the best interests of the Town.

15. ANTI-TRUST - By entering into a contract, the bidder or offeror conveys, sells, assigns, and transfers to the Town of South Hill all rights, title, and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Town of South Hill under said contract. Consistent and continued tie bidding could cause rejection of bids by the Town and / or investigation for anti-trust violations.

16. INDEMNIFICATION - The Contractor agrees to indemnify, defend and hold harmless the Town of South Hill, Virginia, its officers, agents, and employees from any claim, damages, and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using department or to failure of the using department to use the materials, goods or equipment in the manner already and permanently described by the contractor on the materials, goods, or equipment delivered.

The vendor agrees to protect the Town from claims involving infringement of patent or copyrights.

17. TIE BIDS - If there is a tie for low bid and all other considerations are equal, and if the public interest will not permit the delay of re-advertising for bids, the award will be determined by drawing lots in public.

18. PROHIBITION AS SUBCONTRACTORS UNDER COMPETITIVE SEALED BIDDING - No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, form the performance of the project for which the withdrawn bid was submitted.

19. ASSIGNMENT OF CONTRACT - A contract shall not be assignable by the Contractor, in whole or in part, without the prior written consent of the Town of South Hill.

20. CONTRACT DOCUMENTS - The contract entered into by the parties shall consist of the Invitation for Bid / Request for Proposal, the signed bid proposal submitted by the Contractor, the Town of South Hill’s standard Purchase Order, the Mandatory / Special Specifications, Terms and Conditions, and the General Terms and Conditions, all of which shall be referred to collectively as the “Contract Documents.”

If the Contractor has a standard contract form, this form shall be submitted with the bid or proposal submission for the Town’s review of its terms and conditions.

21. AWARD - The contract shall be awarded to the lowest responsive and responsible bidder. The Town Council shall award this contract.

The Town Manager or Director of Municipal Services shall sign all contract documents, and the Town Manager or Director of Municipal Services shall issue a notice to proceed to the successful bidder or offeror.

22. METHOD OF PAYMENT - Upon satisfactory delivery of the merchandise and / or the satisfactory completion of the services, all invoices and statements shall be submitted to:

Town of South Hill

Director of Municipal Services 211 S. Mecklenburg Avenue South Hill, VA 23970

The prices and payments shall be full compensation for the labor, tools, equipment, transportation and all other incidentals necessary to complete the specified terms and conditions. Please list the Town’s Purchase Order Number and Account Number on each invoice.

23. ANTI-DISCRIMINATION - By submitting their bids or proposals all bidders or offerors certify to the Town of South Hill that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, and Section 11-51 of the Virginia Public Procurement Act which provides:

In every contract over ten thousand dollars in value ($10,000) the provisions listed in (a) below apply:

a. During the performance of this contract, the Contractor agrees as follows:

The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin except where religion, sex, or national origin 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 non-discrimination clause.

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.

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.

24. ETHICS IN PUBLIC CONTRACTING - The provisions contained in Sections 11-72 through 11-80 of the Virginia Public Procurement Act as set forth in the Code of Virginia (1950), as amended, shall be applicable to all contracts solicited or entered into the Town of South Hill. A copy of these provisions may be obtained from the Purchasing Agent upon written request.

By submitting their bids or proposals, all bidders or offerors certify that their bids or proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder or offeror, or supplier, manufacturer, or subcontractor in connection with their bid or proposal, 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.

25. CRIMINAL SANCTIONS - The provisions referenced in Item 26 supplement, but do not supersede, other provisions of law including, but not limited to, the State and Local Government Conflict of Interest Act (Secs. 2.1-639.1 et seq.), the Virginia Governmental Frauds Act (Secs. 18.2-498.1 et seq.), and Articles 2 (Secs. 18.2-498.1 et seq.) and 3 (Secs. 18.2-446 et seq.) of Chapter 10 of Title 18.2. The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the State and Local Government Conflict of Interest Act.

26. APPLICABLE LAW AND COURTS - Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with all applicable federal, state, and local laws and regulations.

27. LABELING OF HAZARDOUS SUBSTANCES - If the items or products requested by this solicitation are “Hazardous Substances” as defined by 3.-250 of the Code of Virginia (1950), as amended, or .1261 of Title 15 of the United States Code, then the bidder or offeror, by submitting his bid or proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products that the bidder or offeror does not violate any of the prohibitions of 3.1-252 of the Code of Virginia or Title 15 U.S.C. 1263.

28. DRUG-FREE WORKPLACE PROVISIONS

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibitions; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

Section V - Attachment A - Contractor Data Sheet

THIS SHEET MUST BE COMPLETED AND RETURNED WITH THE BID IF CONTRACTOR HAS NOT PERFORMED WORK FOR THE TOWN OF SOUTH HILL IN THE PAST TWO (2) YEARS.

NAME OF THE COMPANY:

QUALIFICATION OF BIDDERS: Bidders must have the capability and capacity in all respects to fully satisfy the contractual requirements.

Please indicate the length of time you have been in the business providing the type of service and / or product: ____________ years ___________ months.

Please provide a list of at least three (3) accounts, preferably governmental, that your firm has provided similar goods or services to in the past twelve (12) months.

Name of Firm:

Street Address:

City, State, ZIP

Contact Person & Title:

Telephone Number:

Fax Number:

Name of Firm:

Street Address:

City, State, ZIP

Contact Person & Title:

Telephone Number:

Fax Number:

Name of Firm:

Street Address:

City, State, ZIP

Contact Person & Title:

Telephone Number:

Fax Number:

Section VI - Specifications

Part One - Asphaltic Concrete Paving

1.1 DESCRIPTION

Work includes the placement of asphalt pavement.

Work on Mecklenburg Avenue From Danville Street to Windsor must be conducted at night.

1.2 QUALITY ASSURANCE

Qualification of workmen: Provide at least one person who shall be thoroughly trained and experienced in the skills required, who shall be completely familiar with the design and application of the work described in this section, and who shall be present at all times during the progress of the work of this section and shall direct work performed under this section.

All work shall be performed according to the VDOT Road and Bridge Specifications, latest edition.

1.3 PRODUCT HANDLING

Protection - use all means necessary to protect paving materials before, during, and after installation and to protect the installed work and the materials of all other trades.

Replacements - In the event of damage, immediately make all repairs and replacements necessary to the approval of the Town and at no additional costs to the Town.

1.4 MATERIALS

Pavement: Base Course shall be VDOT BM – 25 Asphaltic Concrete.

Pavement: Surface Course shall be VDOT SM - 12.5A Asphaltic Concrete.

1.5 EQUIPMENT

Compacting equipment - All equipment for compacting shall be self-propelled tandem rollers having a minimum weight of ten tons, except that hand-held vibrator compactors may be used in areas not accessible to rollers when specially approved in advance by the Town.

1.6 PLACEMENT

Placing and spreading - Asphalt shall be uniformly placed and rolled to establish true grade not varying more than 3/8 of an inch to 10 feet from the true profile and cross- section.

1.7 COMPACTION

Procedure:

1. Compact from sides to center, overlapping by at least one-half width of rear wheel on successive trips. Alternate trips shall be of slightly different lengths.

2. In areas inaccessible to rollers, mechanical or hand tampers may be used subject to the approval of the Town of South Hill.

3. Compaction shall continue until roller marks are eliminated, and a smooth and unyielding surface emplaced, true to the thickness designated.

4. Compaction should reach a minimum of 92%.

1.8 CLEANING

Upon completion of all work of this section, remove from the job site all excess materials, debris, and all tools and equipment, leaving all areas in a neat and orderly condition to the approval of the Town’s representative.

1.9 TRAFFIC CONTROL

The contractor shall be responsible for traffic control during the removal and placement of pavement and shall include the cost of traffic control in his unit price. The contractor shall use cones, signs, and flagmen in accordance with VDOT work zone requirements. Traffic shall not be detoured without the permission of the Town of South Hill.

1.10 PAYMENT

All work will be paid based upon the quoted unit prices. The work shall include all materials, labor, equipment, and traffic control requested by the Town of South Hill, overhead, and incidentals necessary for the completion of the work. Payment for invoices will be made within thirty (30) days of submittal.

Part Two - Traffic Markings

2.1 DESCRIPTION -

Work included: Placement of traffic markings on existing or newly installed asphalt with equipment capable of the placement of traffic markings in a continuous manner. Contractor shall use thermoplastics for the centerline markings, stop bars, crosswalks and arrows. For parking space marking and no parking markings, the contractor shall use pavement paint that is fast drying. Traffic cones shall be used to protect markings during the drying process as to prevent tracking on pavement. Locations where tracking is evident will be removed by the contractor. The Contractor will be responsible for the replacement of all markings, including turn lanes, turn lane arrows, center lines, cross walks, stop bars, parking space lines, no parking markings and shoulder lines. All work shall be in accordance with VDOT Road and Bridge Specifications. Cross walks shall be marked to comply with the following diagram, see below:

2.2 EQUIPMENT

All equipment shall meet the requirements of the latest edition of the VDOT Road and Bridge Specifications.

2.3 TRAFFIC CONTROL

The contractor shall be responsible for traffic control during the placement of traffic markings and shall include the cost of traffic control in his per-foot price. The contractor shall use cones, signs, and flagmen in accordance with VDOT work zone requirements. Traffic shall not be detoured without the permission of the Town of South Hill.

2.4 CLEANING

Upon completion of all work of this section, remove from the job site all excess materials, debris, and all tools and equipment, leaving all areas in a neat and orderly condition to the approval of the Town’s representative.

2.5 PAYMENT

All work will be paid based upon the quoted unit prices. The work shall include all materials, labor, equipment, and traffic control requested by the Town of South Hill, overhead, and incidentals necessary for the completion of the work. Payment for invoices will be made within thirty (30) days of submittal.

Part Three – Asphalt Milling

3.1 DESCRIPTION

Work included: Asphalt milling of existing asphalt with milling equipment capable of removing the existing asphalt to a width, depth, and dimensions so prescribed in the specifications. The contractor must inspect the milling on all streets as there may be existing concrete under the existing asphalt and full 2” milling on all edges should be achieved.