IFB Solicitation_FINAL_25-ODU-03_Posting_9-10-2024.pdf

OLD DOMINION UNIVERSITY

REQUEST FOR BIDS

SEALED - IFB #25-ODU-03-CCC

Title: Parking Lots and Garage Maintenance, and Related Repairs

Issue Date: Tuesday, September 10, 2024

Pre-Bid Conference Date: Wednesday, September 18, 2024 at 10:00 AM

Due Date and Time: Monday, September 30, 2024 at 2:00 PM

Commodity Code: 913-36, 913-75, 913-94, 936-53

Issuing Agency: Old Dominion University Procurement Services, Suite 111 4401 Powhatan Avenue Norfolk, Virginia 23529-0308

Period of Contract: Award Date through September 30, 2025 with four (4) one year renewal options.

THIS DOCUMENT CONSTITUTES A REQUEST FOR SEALED BIDS FROM QUALIFIED INDIVIDUALS AND/OR ORGANIZATIONS TO PROVIDE TO PROVIDE PARKING LOTS AND GARAGE MAINTENANCE FOR THE UNIVERSITY’S PARKING SERVICES DEPARTMENT. ALL SERVICES SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS LISTED HEREIN.

ACKNOWLEDGE RECEIPT OF ADDENDUM: #1____ #2____ #3____ #4____ #5____ (Please Initial)

In compliance with this Request for Bid (“IFB”) and to all the conditions imposed herein, the signatory agrees to faithfully execute any resulting contract, and offers to furnish the goods/services in accordance with the attached signed bid or as mutually agreed upon by subsequent negotiation. An ‘Agent’ authorized to bind the company to same shall sign the following section.

Name and Address of Firm:

Date:

_________________________________________ By:

Signature Name:

Typed or Printed (Name and Title)

Phone #:

FEI/FIN #: _________________________________ Fax #:

E-mail address:

Are you or your company registered with eVA? Yes No eVA ID#:_________________________

Is your firm registred with the Commonwealth’s State Corporation Commission (SEC)? If yes, please indicate identification number:

Are you or your firm certified through the Commonwealth’s Department of Small Business and Supplier Diversity? Yes No

If yes, please indicate the following:

SWaM Designation:

Certification #:

Expiration Date:

TABLE OF CONTENTS

IFB #25-ODU-03-CCC

Parking Lots and Garage Maintenance, and Related Repairs

I. INSTRUCTIONS TO BIDDERS PAGE 3

II. PURPOSE PAGE 6

III. BACKGROUND PAGE 7

IV. SPECIFICATIONS PAGE 8

V. REPORTING & DELIVERY REQUIREMENTS PAGE 10

VI. GENERAL TERMS AND CONDITIONS PAGE 10

VII. SPECIAL TERMS AND CONDITIONS PAGE 16

VIII. BID PREPARATION AND SUBMISSION

REQUIREMENTS PAGE 22

IX. FEES AND PRICING PAGE 22

X. METHODS OF PAYMENT PROCESSING PAGE 26

XI. ATTACHMENTS

ATTACHMENT A - Contractor Data Sheet PAGE 27 ATTACHMENT B - Conflict Of Interest Statement PAGE 28

SUBSTITUTE W-9 FORM PAGE 29

ATTACHMENT C – Specification Documents Specs 02300 – Earthwork Specs 02640 – Utility Adjustment Specs 02741 – Hot Mix Asphalt Paving Specs 03300 – Concrete Specs 10436 - Signage

I. INSTRUCTIONS TO BIDDERS:

A. General:

1. The University reserves the right to accept or reject any and all bids in whole or in part, and waive any informality that may occur during the formal sealed bidding process. Further, the University reserves the right to enter into any contract deemed to be in the best interest of the University.

a) Sealed bids will be received by and in the office of issuing agency specified on page 1 of this IFB until Monday, September 30, 2024 NLT 2:00 PM local time. Bids time-stamped 2:01 P.M. or later will not be considered, and will be returned to the Contractor unopened. The University is not responsible for late delivery by U. S. Postal mail or other couriers.

b) Should the University experience an ‘unoffcial’ closing on and/or during the date and time specified herein for the receipt of sealed bids, the due date shall automatically extend to the next day the University is officially opened for business, with the receiving time remaining the same.

c) It shall be the Bidder’s responsibility to confirm any ‘unofficial’ closings.

2. All inquiries and questions regarding this solicitation must be directed to Neil Cutler, CPPO, CPPB, VCCO, VCO, CUPO, Procurement Manager, Department of Procurement Services via email at ccutler@odu.edu, and are due NLT 2:00 P.M. (EST) September 19, 2024. A response via an addendum shall be issued for any such requests deemed to have any bearing on service delivery or cost.

3. IDENTIFICATION OF BID ENVELOPE: The signed bid should be returned in a separate envelope or package, sealed and identified as follows:

From: ___________

Name of Bidder Due Date Time

_______________________________ _25-ODU-03-CCC__

Street or Box Number IFB No.

_______________________________ __Parking Services and Garage Maintenance__

City, State, Zip Code IFB Title

Name of Contract/Purchase Officer or Buyer Neil Cutler

The envelope should be addressed as directed on Page 1 of the solicitation.

Bids may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other bids should be placed in the envelope.

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

5. Announcement of Award: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the University will publicly post such notice on the eVA VBO website for a minimum of 10 days.

6. Bid Binding Period: Any response to this solicitation shall be valid for (90) days. At the end of the (90) days the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

7. Bidder Certification: By submitting their bids, Bidder’s certify to the University that:

a) 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. (the VPPA §2.2-4367 through §2.2-4377.)

b) 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, and the Americans with Disabilities Act.

c) If awarded the contract as a ‘faith-based’ organization, they shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipients religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender 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. (the Rules §36.E.)

d) They do not and will not during the performance of any resulting contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

e) They are not currently debarred by the Commonwealth of Virginia from submitting bids on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

f) They agree to faithfully enter into any resulting contract and further conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

8. Bidder Obligation:

a) Bidder shall carefully examine the terms and conditions set forth in this Invitation to Bid and any subsequent addenda. Failure to do so shall not relieve a bidder of an obligation to furnish the goods and/or services specified in this Invitation to Bid and its addenda.

b) Bidder must detail under separate tab identified as “Exceptions”, any issues (referenced by specific paragraph/section of the IFB document and/or Addenda) with which they disagree or wish to clarify position. Failure to identify any exceptions to the IFB document and/or any associated Addenda will be interpreted to mean that the Bidder is in full agreement with the all provisions of the IFB document and/or Addenda, including, but not limited to, (i) specifications/statement of needs/scope of work, (ii) terms and conditions, both general and specific, as applicable, (iii) submission requirements, (iv) evaluation and award criteria and process, and (v) all other requirements as specified in the IFB document and/or Addenda.

9. Discrimination by University Prohibited:

a) The University shall not discriminate against any Bidder during this solicitation or award of any resulting contract because of race, religion, color, sex, national origin, age, disability, any other basis prohibited by state law relating to discrimination in employment. (the Rules §9.A.)

b) The University shall not discriminate against any Bidder during this solicitation or award of any resulting contract because the Bidder employs ex-offenders unless the University has made a written determination that employing ex-offenders on the specific contract is not in its best interest.

(the Rules §9.D.)

c) The University shall not (i) discriminate against a faith-based organization on the basis of the organization's religious character or (ii) impose conditions that (a) restrict the religious character of the faith-based organization, except as provided in subsection F of the Rules §36 , or (b) impair, diminish, or discourage the exercise of religious freedom by the recipients of such goods, services, or disbursements. (the Rules §36.C.)

10. eVA Website Portal: The eVA Internet electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth.

The eVA portal is the gateway for Contractors to conduct business with state agencies and public bodies.

All Contractors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet eprocurement solution either through the eVA Basic Contractor Registration Service or eVA Premium Contractor Registration Service. If selected for award by the University, selected Bidder must register in eVA and agree to pay the Contractor Transaction Fees specified on the eVA website. Failure to register will result in cancellation of contract.

11. Ownership Of All Data and Trade Secrets or Proprietary Information:

a) Materials and documentation originated and prepared for the University pursuant to this IFB shall belong exclusively to the university and be subject to public inspection in accordance with the Virginia Freedom of Information Act, Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2 of the Code of Virginia.

b) Trade secrets or proprietary information submitted by an Bidder shall not be subject to public disclosure under the Freedom of Information Act; however, the Bidder must invoke the protections of §23-38.90 of the Code of Virginia, specifically the ‘Rules Governing Procurement of Goods, Services, Insurance, and Construction by a Public Institution of Higher Education of the Commonwealth of Virginia (the “Rules”), subsection F. of §34, in writing either before or at the time the data or other material is submitted.

c) The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information.

d) The classification of an entire bid document, line item prices and/or total bid prices as proprietary or trade secrets is not acceptable and will result in rejection of the bid.

12. Quantities: Quantities set forth in this solicitation are estimates only, and the Contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

13. Specifications:

a) Specifications used herein are to be considered a quality indicator and acceptance will be based on

Bidder’s compliance with the intent of the specifications. Deviations and/or exceptions taken to the specifications herein may be considered if they are deemed to meet the intent of the solicitation.

b) Unless otherwise provided in the Invitation to Bid, the name of a certain brand, make, or manufacturer shall not restrict bidders to the specific brand, make, or manufacturer named and shall be deemed to convey the general style, type, character, and quality of the article desired. Any article that the Institution in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted (the Rules §12.)

14. Tax Exempt: Sales to the Commonwealth of Virginia are exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

15. Withdrawal Of Bid Due To Error: (the Rules §23.)

a) If a bid contains both clerical and judgment mistakes, a Bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the bid sought to be withdrawn.

b) If an error or mistake is made, the Bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. The work papers shall be delivered by the Bidder in person or by registered mail within the time frame specified. The work papers, documents, and materials may be considered as trade secrets or proprietary information subject to the conditions of subsection F of § 34 of the Rules.

c) No bid shall be withdrawn under this section when the result would be the awarding of 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.

d) 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 Bidder to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

e) In those cases in which an unintentional arithmetic error occurs related to the improper calculation and extension of fixed unit costs and quantities and/or the improper calculation of the overall total sum, the specified fixed unit cost shall be used to determine the correct calculation and extended total cost per associated line item(s) and/or overall total sum of each associated line item(s).

B. Specific:

1. Award: (the Rules §4.)

a) Award shall be made to the lowest responsible and responsive Bidder. The right is reserved to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the University. In case of arithmetic errors, the unit price will govern.

b) A responsible Bidder shall mean a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will ensure good faith performance, and who has been pre-qualified, if required.

c) A responsive Bidder shall mean a person who has submitted a Bid which conforms in all material respects to this Invitation to Bid.

d) Award(s) may be made to more than one Bidder.

2. Pre-Bid Conference – Optional:

a) The purpose of this Optional conference is to allow potential Bidders an opportunity to present questions and obtain clarifications relative to any facet of this solicitation. The PREBID CONFERENCE will be conducted at 11:00 AM on Wednesday, September 18, 2024 in the Procurement Services Office Conference Room ‘B’, located at 4401 Powhatan Avenue, Building #5, Suite 111, Norfolk, VA 23529.

b) While attendance at this conference will not be a prerequisite to submitting a bid, Bidders who intend to submit a bid are encouraged to attend. Bring a copy of the solicitation with you.

Responses will be issued in a written addendum to any changes deemed to have any bearing on service delivery or cost.

c) Visitor parking passes are required to park on campus and can be obtained from the University Multi-level Parking Garage (at 43rd and Elkhorn Avenue) on the date of the visit, free of charge.

3. Negotiation With Lowest Responsible Bidder: (the Rules §15.)

Unless canceled or rejected, a responsive bid from the lowest responsible Bidder shall be accepted as submitted, except that if the bid from the lowest responsible Bidder exceeds available funds, the Institution may negotiate with the apparent low Bidder to obtain a contract price within available funds.

However, the negotiation may be undertaken only under conditions and procedures described in writing and approved by the Institution prior to issuance of the Invitation to Bid and summarized therein.

4. References:

Bidders shall complete and submit with response the requested account and reference information specified herein in Attachment A. Bidder shall provide a minimum of five (5) references, however, additional references may be included as a separate attachment incorporated into the response.

If at any time during the past ten (10) years the Bidder and/or any of the Bidders’ currently named principals has conducted business and/or held a contract agreement of any type with Old Dominion University, either under the Bidder’s current legal name or a previous legal name including any sole proprietorship, corporation, partnership, limited liability corporation, or joint venture, etc., then Bidder shall include as a named reference, Old Dominion University.

If Old Dominion University is named as a reference in a Bidder’s response, then Bidder’s past performance for any and all Old Dominion University contracts held and/or completed during the specified ten (10) year period may be used to determine a Bidder’s responsibility and subsequent award of this contract.

II. PURPOSE

The purpose of this Invitation for Bid (IFB) is to solicit bids to establish a fixed price term contract with a single qualified bidder to perform maintenance, repairs, and potential improvements / expansions on various parking lots and garages, and to provide construction and related services to new parking areas and park garages on the campus of Old Dominion University.

III. BACKGROUND

A. Old Dominion University is a state-assisted, doctoral research institution located in Norfolk, Va. The University serves approximately 24,500 students and offers an array of traditional, professional, and technical academic programs at the undergraduate and graduate level. The University main campus currently has 42 surface parking lots, and five

(5) multi-level parking garages. Over time, these areas require maintenance and repairs. The landscape of the campus is ever changing. Because of the finite amount of space, existing lots may be redesigned or expanded to accommodate more spaces, provide a better flow of traffic, incorporate safety controls, etc. Occasionally, a new surface lot will be constructed.

July 1, 2024 ODU integrated with EVMS health sciences center creating the largest portfolio of health sciences degrees in the Commonwealth. The combined institution would include a School of Medicine, School of Health Professions, College of Health Sciences, and School of Nursing, along with the Medical Group and O.N.E. School of Public Health, a joint initiative among ODU, Norfolk State University and EVMS. The EVMS medical campus has a number of surface parking lots and (2) multi-level parking garages.

Currently, the University does not have a term contract in place for maintenance and repair parking lot and garages that will expire on September 30, 2024. The University wishes to continue to standardize the maintenance program and use for other related services as required.

B. Good Faith Small, Women, and Minority (SWaM) Owned Business Participation Efforts:

1. The University is committed to (a) achieving the Commonwealth of Virginia’s aspirational goal of forty two percent (42%) SWAM participation for combined prime Contractor and sub-Contractor spend, and (b) increasing participation of Department of Small Business and Supplier Diversity (DSBSD) Certified (i) small businesses, (ii) small woman-owned businesses, (iii) small minority-owned businesses, and (iv) businesses owned by service disabled veterans. The University also encourages Bidders to provide for participation of small businesses, businesses owned by women and minorities, and businesses owned by disabled veterans through partnerships, joint ventures, subcontracts, or other contractual opportunities. Submission of a report of past efforts to utilize the goods and services of such businesses, and plans for involvement on this contract are required. By submitting a response, Bidder certifies that all information provided in response to this solicitation is true and accurate. Failure to provide the information required by this solicitation may ultimately result in response being deemed non-responsive, and ultimately rejected.

2. While it is the University’s intent to enter into an exclusive contract with one Bidder, whenever possible, all potential Bidders are encouraged to subcontract any applicable services by partnering with qualified Contractors that have also been certified as small, small woman-owned, small minority-owned, or service disabled veteran owned businesses through the University of Virginia’s Department of Small Business and Supplier Diversity

(DSBSD).

3. In order for Bidders to be given consideration for award of a contract, each Bidder shall provide with their response (and/or no later than ten (10) business days after solicitation closing date and time), such statement(s) setting forth:

a. The good faith SWAM owned business participation efforts which the Bidder has undertaken in the past: and

b. The good faith SWAM owned businesses participation efforts which the Bidder intends to undertake in connection with the performance of this contract; including name of firm, contact name and phone number, total dollar amount to be subcontracted, category type (small, women, or minority owned), type of product/services.

4. If, in the statement submitted in the response to subsection (a) and (b), the Bidder indicates that it has not undertaken any good faith SWAM business participation efforts in the past and/or does not intend to undertake any such efforts in connection with the performance of this contract, the Bidder must also submit a statement setting forth the reason why it has not undertaken such efforts in the past and/or does not intend to undertake them in connection with the performance of this contract. Bidder’s failure to provide the information as specified in this Section III.B., may result in Bidder’s response being deemed non-response.

5. Any Bidder that can qualify for certification through DSBSD must do so prior to the award of any contract. The qualification information shall be evidenced by that information specified in the Bidders completed and submitted W-9 form.

6. If selected Bidder does not qualify for DSBSD certification, same shall be required to provide quarterly reports to the University’s Contract Administrator. The reports shall identify if and when applicable, the sub-Contractors used during the performance of any subsequent contract, as follows:

a. For DSBSD Certified sub-Contractors, quarterly reports verifying (i) those DSBSD certified sub- Contractors being used, (ii) scope of goods and/or services being provided, (iii) payments to subcontract Contractor(s) for current quarter and year-to-date totals, and (iv) percentage of same payments related to “overall” contract totals for current quarter and year-to-date totals; and

b. For non DSBSD Certified sub-Contractors providing services for contracts that exceed $200,000, quarterly reports verifying (i) non-certified sub-Contractors being used, (ii) scope of goods and/or services being provided, (iii) payments to subcontract Contractor(s) for current quarter and year-to-date totals, and

(iv) percentage of same payments related to “overall” contract totals for current quarter and year-to-date totals.

Note: Failure to provide the quarterly reports as requested will result in non-payment to Contractor for any services provided and invoiced during that period, shall remain unpaid until such reports are provided, and unless provided will be considered a breach of contract.

C. Authorized Contract Participation: In accordance with the University’s Rules Governing Procurement of Goods, Services, Insurance and Construction (“Rules Document”), specifically §6, Cooperative Procurement, it is the intent of this solicitation to allow any public body, public or private health or educational University’s, or Old Dominion University’s affiliated agencies and/or corporations, access and use of any subsequent contract(s), as authorized by the Contractor(s).

Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor(s), any resultant contract(s) may be extended to the entities as indicated above to purchase at contract prices in accordance with contract terms and conditions. The Contractor(s) shall notify Old Dominion University in writing of any entities accessing the contract. No modification of this contract or execution of a separate contract is required to participate.

The Contractor(s) will provide semi-annual usage reports for all entities accessing the contract(s). Participating entities shall place their own orders directly with the Contractor(s), and shall fully and independently administer their use of the contract(s), including contractual disputes, invoicing and payments, without direct administration from Old Dominion University. Old Dominion University shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor(s) to extend participation and use of the contract(s). It is understood and agreed that Old Dominion University is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract(s) no matter the circumstances.

Use of this contract does not preclude any participating entity from using other contracts or competitive processes as the need may be.

IV. SPECIFICATIONS:

A. GENERAL

1. Contractor shall furnish all materials, equipment, labor, and supplies to perform all work as specified in all future work requests, and in accordance with these specifications.

2. The work may include, but not necessarily be limited to: mobilization; maintenance of traffic; construction stake-out; coordination with the University and the University’s representatives on site; erosion and sediment control; demolition; grading; raising / lowering of manholes, valve covers, hand holes, or drop inlets;

aggregate base and aggregate subbase course; asphalt course; storm drain installation; pavement markings and striping; curb painting; hot sealer application; seal coating application; pot hole repair; relocation or addition of wheel stops installation or removal of signage; installation of curb and gutter; seeding; site restoration and clean-up; and all incidental work needed to perform complete and useable pavement maintenance and repairs.

3. The following reference specifications and standard detail drawings (latest editions) shall be applicable to this project:

a. Department of Transportation (VDOT) Road and Bridge Specifications;

b. VDOT Road and Bridge Standards;

c. Manual on Uniform Traffic Control Devices;

d. Virginia Work Area Protection Manual;

e. Virginia Erosion and Sediment Control Handbook;

f. Virginia American Society for Testing and Materials (ASTM) specifications;

g. American Association;

h. All other applicable local, state, and federal codes to render a safe, complete, and useable lot.

4. The Contractor shall familiarize themself with the above standards and specifications, as well as these project specifications, and submit to the Project Manager in written form any questions or proposed revisions for his interpretation or approval. Failure to comply with the standard drawings and specifications shall constitute shutdown of job and removal of unsatisfactory work at the Contractor’s expense until all requirements are satisfied as directed by the University’s Contract Administrator.

5. The Contractor shall examine the plans provided and the site before submitting a proposal and shall familiarize himself with the scope and working conditions of the project.

6. Upon notification of a University’s Work Order, the successful Contractor shall visit the site of the proposed work to acquire a full understanding of the nature and scope of the project to be accomplished. The Contractor shall furnish the Contract Administrator with a written price quote of the costs to be billed at the contracted prices. The quote shall detail a listing and description of the major items of material, parts, and equipment, the total cost of materials, parts, supplies and equipment, and a target date for completion with the estimated number of labor hours to complete the project.

Work shall begin within five (5) working days of receipt of the purchase order or as scheduled by the

University's representative. The typical work schedule shall be performed during the period of 7:00 am until 4:00 PM, Monday through Friday, unless otherwise approved by the director of Parking Services of Old Dominion University or his designee.

7. The University standard size for a parking stall is 8 ½ feet by 18 feet.

8. All products used shall be certified in writing by the Contractor to be free of asbestos.

9. The University shall not reimburse the Contractor for time or mileage to and from the job site. This includes going to and from the supply houses.

10. The contractor shall be responsible to assure that all materials used are compatible with existing materials and equipment of the work site involved. All materials shall be new and unused. In addition, the University reserves the right to provide materials, supplies, and accessories from any surplus the University may have inventory.

11. Any questions, after the contract has been awarded, will be addressed in writing to:

Sean Freeman Transportation & Parking Services Old Dominion University – Main Campus Elkhorn Ave.

Norfolk, Virginia 23529 Phone: 757-683-5915 Email: sfreeman@odu.edu

Zachary Pearce Transportation & Parking Services Old Dominion University – Medical Campus Parking Garage A Norfolk, Virginia 23529 Phone: 757-683-3445 Email: zpearce@odu.edu

B. SPECIFIC – See attached Specifications:

1. Sections: 02300; 02640; 02741; 03300; and 10436

2. Snow Removal: Contractor may be required to provide snow removal services to the campus locations, broken down by zones, areas, square footage, and/or linear foot at the University, service shall include, be not limited to the following:

a. The contractor shall furnish all necessary labor, equipment, and materials to remove snow and/or ice from sidewalks, parking lots and other designated areas as requested on the grounds of Old Dominion University Campuses to include the Medical Campus;

b. The contractor shall be responsible for the repairs of curbing, parking bumpers, asphalt, paving, etc. if it is found that damage to such areas were caused by the extreme negligence on the part of the Contractor while performing snow and /or ice removal;

c. The authorized Agency’s representative will determine the necessity for snow and/or ice removal and notify the contractor. The contractor shall be on site within two (2) hours;

d. It is desired that the Contractor have available for snow and/or ice removal the following types of equipment:

1) Motor Grader;

2) Farm Tractor with Blade;

3) Dump Truck with Blade;

4) Skid Steer Loader;

5) Dump Truck;

6) Sand Spreader;

7) Front End Loader;

8) Grounds men.

e. All snow and/or ice removal equipment used under this Contract shall be operated and maintained in a safe and mechanically reliable condition;

f. White sand shall be provided by the Contractor as necessary;

g. Grounds men shall be used to shovel snow and/or ice from sidewalks, steps and entranceways.

h. The Contractor shall stock-pile snow on grass areas adjacent to parking lots as designated by the

Agency’s authorized representative;

i. All work performed for snow and/or ice removal shall be supported by daily job tickets prepared by the Contractor. Each job ticket shall reflect the daily job site activity for each location to include the time of arrival and departure for each piece of equipment used, the number of grounds men on the job, and types and quantities of materials used at the job site. The job ticket shall be approved daily by the Agency’s authorized representative or his designee at the job sites and a copy provided to that employee.

j. The original approved job ticket (s) and the Contractor’s materials invoice(s) shall be submitted with the invoice as supporting documentation for equipment hours billed.

V. REPORTING AND DELIVERY REQUIREMENTS

UTILIZATION OF SMALL BUSINESSES AND BUSINESSES OWNED BY WOMEN AND MINORITIES: The following reports shall be submitted as indicated:

A. Periodic Progress Reports/Invoices: The Contractor shall provide a report on involvement of small businesses and businesses owned by women and minorities on a quarterly basis to the Contract Officer. This report will specify the actual dollars contracted to be spent to date with such businesses, actual dollars expended to date with such businesses, and the total dollars planned to be contracted with such businesses on this contract. This information shall be provided separately for small businesses, women-owned businesses and minority businesses.

B. Final Actual Involvement Report: The Contractor shall submit to the Contract Officer, within 10 days of contract completion, a report on the actual dollars spent with small businesses and businesses owned by women and minorities during the performance of the contract. At a minimum, this report shall include for each firm contracted with and for each such business class (i.e., small, women-owned) a comparison of the total actual dollars spent on this contract with the planned involvement of the firm and business class as specified in the bid, and the actual percent of the total estimated contract value.

VI. GENERAL TERMS AND CONDITIONS

The following ‘general’ terms and conditions shall govern this solicitation, associated Bidder response(s), and as applicable, may be incorporated into any resulting contract.

A. ADVERTISING: Bidder agrees that that no indication of such sales or services to the University will be used in product literature or advertising during the contract term of any contract award for supplies, equipment, or services resulting from this bid.

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 and any litigation with respect thereto shall be brought in the 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, § 23-38.90). The Contractor shall comply with all applicable federal, state and local laws, rules and regulations and policies of the University.

C. APPLICABLE LEGISLATION AND MANUAL: This solicitation and any resulting contract is subject to the provisions of the Commonwealth of Virginia, specifically § 23-38.90 of the Code of Virginia and its associated Rules Governing the Procurement of Goods, Services, Insurance and Construction (“the Rules”) and the Purchasing Manual for Universities of Higher Education and their Contractors and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is accessible on the Internet at www.odu.edu/procurement under “Information for Contractors”.

D. ASSIGNMENT OF CONTRACT: Any resulting contract shall not be assignable in whole or in part without the written consent of the University.

E. AVAILABILITY OF FUNDS: The University shall be bound hereunder only to the extent of the funds available or which may hereafter become available during each subsequent fiscal year and/or contract term, as applicable, and any requirement by Contractor for any total or partial compensation or payment by the University of unpaid fees, whether current of future, for lost profit and/or as liquidated damages in the event of early termination of the then current term if for other than breach by the University is prohibitive.

F. AUDIT: Bidder agrees that they shall retain all books, records, and other documents relative to any resulting contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The University, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

G. CHANGES TO THE CONTRACT: During the term of any resulting contract, including any and all applicable extensions and/or renewals, changes may be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written contract to modify the scope of the contract.

2. The University may request and issue change orders within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the University a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

c. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the University with all vouchers and records of expenses incurred and savings realized. The University shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the University within thirty (30) days from the date of receipt of the written order from the University. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Purchasing Manual for Universities of Higher Education and their Contractors.

Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by the University or with the performance of the contract generally.

H. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the

University, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the University may have.

I. DISCOUNTS

1. Prompt Payment Discounts: The University will pay within 30 days after acceptance.

2. Special Educational Or Promotional Discounts: The Contractor shall extend any special educational or promotional sale prices or discounts immediately to the University during the term of the contract.

Such notice shall also advise the duration of the specific sale or discount price.

J. DRUG-FREE WORKPLACE: (the Rules §11.)

During the performance of any resulting 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 prohibition; (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 Contractor.

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, the employees of who 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.

K. EMPLOYMENT DISCRIMINATION: (the Rules §10.)

During the performance of any resulting contract, the Contractor agrees to:

1. Not discriminate against any employee or applicant for employment because of race, religion, color, sex, 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, and to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the above nondiscrimination clause.

2. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that such Contractor is an equal opportunity employer.

3. Certify all notices, advertisements and solicitations shall be placed in accordance with federal law, rule or regulation deemed sufficient for the purpose of meeting these requirements.

4. Include the provisions of foregoing paragraphs 1., 2., and 3. in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or Contractor.

L. ENVIRONMENTAL LIABILITY: Any costs or expenses associated with environmentally related violations of the law, the creation or maintenance of a nuisance, or releases of hazardous substances, including, but not limited to, the costs of any cleanup activities, removals, remediations, responses, damages, fines, administrative or civil penalties or charges imposed on the Contractor, whether because of actions or suits by any governmental or regulatory agency or by any private party, as a result of the storage, accumulation, or release of any hazardous substances, or any noncompliance with or failure to meet any federal, state or local standards, requirements, laws, statutes, regulations or the law of nuisance by Contractor (or by its agents, officers, employees, subcontractors, consultants, sub consultants, or any other persons, corporations or legal entities employed, utilized, or retained by Contractor) in the performance of any resulting Contract or related activities, shall be paid by Contractor. This paragraph shall survive the termination, cancellation or expiration of this Contract.

M. EXCLUSIVITY: The University reserves the right to procure goods or services covered under any resulting contract from a third party when, in the University’s sole discretion, it is deemed to be in the University’s best interest.

N. EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete installation ready for the University’s use, and shall include all applicable freight and installation charges; extra charges will not be allowed.

O. FINAL INSPECTION: At the conclusion of the work, the Contractor shall demonstrate to the authorized University representative that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the Contractor at the Contractor’s sole expense prior to final acceptance of the work.

P. GUARANTEE OF WORK:

1. Except as otherwise specified, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment, or workmanship for one (1) year from the date of final acceptance of the entire project by the owner in writing. Equipment and facilities, which have seasonal limitations on their operation, shall be guaranteed for one (1) full year from the date of seasonally appropriate tests and acceptance, in writing, by the owner.

2. If, within the guarantee period, defects are noticed by the owner which require repairs or changes in connection with the guaranteed work, those repairs or changes being in the opinion of the owner rendered necessary as the result of the use of materials, equipment or workmanship, which are defective, or inferior or not in accordance with the terms of the contract, then the Contractor shall, promptly upon receipt of notice from the owner, such notice being given not more than two weeks after the guarantee period expires, and without expense to the owner:

i. Place in satisfactory condition in every particular all of such guaranteed work and correct all defects therein;

ii. Make good all damage to the structure, site, equipment, or contents thereof, which is the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the contracts; and

iii. Make good any work, materials, equipment, contents of structures, and/or disturbance of the site in fulfilling any such guarantee.

3. In any case, where in fulfilling the requirements of the contract or any guarantee embraced in or required thereby, the Contractor disturbs any work guaranteed under contract, he shall restore such work to a condition satisfactory to the owner and guarantee such restored work to the same extent as it was guaranteed under such other contract.

4. If the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, the

University may have the defects corrected and the Contractor and his surety shall be liable for all expense incurred.

5. All special guarantees applicable to definite parts of the work that may be stipulated in the specifications or other papers forming a part of the contract shall be subject to the term of this section during the first year of the life of such special guarantee.

6. Nothing contained in this section shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the contract documents. This paragraph relates only to the specific obligation of the Contractor contained in this section to correct the work and does not limit the time within which his obligation to comply with the contract documents may be sought to be enforced, nor of the time within which proceedings may be commenced to establish the Contractor’s liability with respect to his other obligations under this…