IFB158849 Specifications.pdf

Administrative Services/Procurement

Lynchburg District Facilities

On-Call General Construction Services

IFB #158849

INVITATION FOR BIDS IFB# 158849

Title: On-Call General Construction Services

Commodity Code(s): 91006

Location Where Work Will Be Performed: Various Locations within VDOT’s Lynchburg District

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Robert Dowdle

Email: Robert.Dowdle@vdot.virginia.gov

Phone: (434) 856-8320

NOTE TO BIDDERS

Prebid Conference: A Mandatory Pre-Bid Conference will be held at 10:00 AM Eastern Standard Time (EST) on May 7, 2024. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 1:00 PM EST on May 20, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 2:00 PM EST on May 20, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

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

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

3. VA STATE CORPORATION COMMISSION FORM

4. SMALL BUSINESS SUBCONTRACTING PLAN: A Small Business Subcontracting Plan (SBSP) is required for the bid to be considered responsive if the Bidder is not certified as a small business by the Department of Small Business and Supplier Diversity at the time of bid closing. Submit the SBSP on the included Attachment and provide plan value as a percentage not dollar value. See instructions under I. PURPOSE and Special Term and Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

5. SUBCONTRACTOR APPROVAL REQUEST

6. NORMAL AND EMERGENCY CONTACTS

7. REFERENCES

8. CONTRACTOR LICENSE REQUIREMENTS

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid.

Administrative Services Division

Invitation for Bids IFB # 158849

On-Call General Construction

TABLE OF CONTENTS

PAGE #

I. Purpose 3

II. Questions Regarding This Invitation For Bid 3

III. General Definitions 3

IV. Specifications/Contract Requirements 3

V. Pre-Bid Teleconference 11

VI. Method for Payment 12

VII. Invoicing 12

VIII. Bidders Instructions and Public Bid Opening 12

IX. General Terms and Conditions 13

X. Special Terms and Conditions 20

ATTACHMENTS

K. Work Request Estimate Form

A. VA State Corporation Commission

B. Small Business Subcontracting Plan (SBSP)

C. Subcontractor Approval Request

D. Normal and Emergency Contacts

E. References

F. Contractor License Requirements

G. References (If Necessary)

H. Contractor License Requirements (If Necessary)

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

G. Prevailing Wage Determination

H. Lynchburg District Addresses

I. List of Documents Incorporated by Reference

J. Bid Evaluation Procedures

L. CII/SSI Policy Guide

RESOURCES BY REFERENCE

1. General Term and Condition C.1.(d): Anti-Discrimination Link to Referenced Training

2. General Term and Condition CC: Civility in State Workplaces Link to Referenced Training https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training https://www.vdot.virginia.gov/doing-business/training/

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to establish a time and materials contract to provide on-call, as-needed General Construction Services within the Lynchburg District, Charlotte, Halifax and Pittsylvania Counties in accordance with the specifications, terms and conditions contained in this

Invitation For Bid (IFB). The Contractor shall possess a Department of Professional and Occupational Regulation (DPOR)

Contractor’s license Class “A” or “B”.

VDOT reserves the right to add or remove sites during the contract period.

Contractor shall comply with Security Requirements as set forth in Section X ‘Special Terms & Conditions’, item 31.

PERIOD OF CONTRACT: To be determined at the time of award through one year (renewable)

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

Plan (SBSP) Attachment B with the electronic bid response in eVA. Bidders selecting the “I Plan To Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier

Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM Program.

If the Bidder is not a DSBSD-certified small business, the “I Plan To Use Subcontractors” box must be selected and the Bidder shall identify on the SPSP attachment the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Robert Dowdle at Robert.Dowdle@VDOT.virginia.gov.

The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 5:00 PM EST on May 9, 2024.

III. GENERAL DEFINITIONS:

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

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

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: The Contractor shall provide all necessary labor, supervision, equipment, tools, materials, supplies, and incidentals as necessary to provide construction services, on a time and materials basis, to the facilities owned and operated by the Virginia Department of Transportation, Lynchburg District.

1. Typical Facilities Where Work Will Be Performed: Facilities where work will be performed shall consist of, but not be limited to, office buildings, equipment storage buildings, equipment shops, material storage buildings, fuel canopies, etc. VDOT reserves the right to add or delete locations during the contract period. See ATTACHMENT H for the list of facilities and locations included in this solicitation.

2. Examples of Services: Services that may be requested within this solicitation include, but are not limited to furnishing, installing, replacing, repairing, relocating, servicing, maintaining, upgrading:

a) SITE WORK - Including, but not limited to:

Earthwork – Excavation, Trenching, Backfill, Fills

Erosion Control

Topsoil Placement & Seeding

b) CONCRETE - Including, but not limited to:

Formwork

Vapor Retarder

Reinforcement

Joints

Placing

Finishing

Curing

Repairing, Patching, and Cleaning

c) MASONRY - Including, but not limited to:

Concrete Masonry Units

Face Brick – New and Matching Existing

Mortar & Grout

Miscellaneous Masonry Accessories

Parging

Repairing, Pointing and Cleaning

d) METALS - Including, but not limited to:

Lintels

Railings

Miscellaneous Metals

e) WOOD AND PLASTICS - Including, but not limited to:

Rough Carpentry - Wood and Metal Framing

Finish Carpentry - Standing and Running Trim, Paneling

Interior Architectural Woodwork - Cabinets, Cabinet Hardware, Countertops, Backsplashes

f) THERMAL AND MOISTURE PROTECTION - Including, but not limited to:

Waterproofing

Insulation

Roofing

Gutters and Downspouts

Siding - Vinyl, Aluminum, Wood; Siding, Soffit, and Accessories

Flashing and Sheet Metal

Joint Sealants

g) DOOR AND WINDOWS - Including, but not limited to:

Metal and Wood Doors and Frames

Metal, Wood, and Vinyl Windows

Aluminum Entrances and Storefront

Hardware

Weatherstripping

Glass and Glazing

Sectional Overhead Door Systems

h) FINISHES - Including, but not limited to:

Gypsum Board - Installation and Finishing

Plaster

Tile – Floor and Wall

Acoustical Ceilings Systems

Resilient Flooring – Roll and Tiles

Resilient Wall Base and Accessories

Carpet – Roll and Tiles

Painting – Interior and Exterior

Wallcovering & Finishes - Wallpaper

i) SPECIALTIES

Toilet Compartments and Panels

Toilet and Bath Accessories

Mirrors

Louvers and Vents

Signs

j) SPECIAL CONSTRUCTION

k) GENERAL CONSTRUCTION LABOR

3. Service Repairs: The Contractor shall have qualified service personnel available for “as needed” on-call repairs twenty-four hours a day, seven days a week, three hundred sixty-five days a year.

a) Routine Response Service Calls: Work deemed by the VDOT Contract Administrator to be non-immediate response

(routine type) repair services and scheduled repair or replacement projects will be placed under the category of

‘Routine Service’ calls. The contract response time for Routine Service calls shall require that the Contractor be on site and ready to work within two (2) business days after notification, between the hours of 7:00 am and 5:00 pm, during regularly scheduled workdays.

b) Immediate Response Service Calls: In the event of a critical system failure or other situation deemed as immediate response by the VDOT Contract Administrator, the call will be placed under the category hereafter known as

‘Immediate Response Service’ calls. The immediate response fee will be 1.5 times the hourly rate of the technician(s) that VDOT request respond to the immediate response service call. The contract response time for all Emergency

Service calls shall require that the Contractor to confirm within one (1) hour of initial notification and be on site and ready to work within two (2) hours after notification. An emergency contact name and phone number shall be provided by the Contractor. Emergency work will be initiated via telephone call from the VDOT Contract Administrator or designee with indication of the requirements, location, and authorization of immediate action. The Contractor may request additional response time from the VDOT Contract Administrator. While not guaranteed, the VDOT Contract

Administrator may approve additional response time for special situations. Emergency service calls may be phoned in and the written Work Order(s) issued the next business day.

c) Crew Size: The crew size for all on-call non-immediate and immediate emergency repairs shall be set at one (1) tradesman with an adequately equipped work vehicle. For all jobs requiring additional tradesmen or the services of one or more helpers the Contractor shall obtain prior approval from the VDOT Contract Administrator.

d) Travel: The Contractor may invoice for travel in accordance with the following schedule:

0 - 25 Miles One half hour of journeyman (Work Hours) rate per crew

26 - 75 Miles One hour of journeyman (Work Hours) rate per crew

76 - 125 Miles Two hours of journeyman (Work Hours) rate per crew

Mileage shall be measured from the Contractor’s departure business address of record to the furthest VDOT address if multiple sites are visited in a day listed in ATTACHMENT H, as determined by MapQuest.

This allowance for travel will be capped at a maximum of two hours per crew per day, regardless of crew size.

The Contractor may invoice for travel time from VDOT site to VDOT site as follows: The hourly rate(s) shall begin when the crew arrives at the first VDOT job site of the workday and shall end once the crew leaves the last VDOT jobsite of the day. This applies to each crew member. Travel time from site to site shall be applied to the succeeding site and documented on the invoice. This provision is applicable only for daily multiple VDOT work site visits.

B. SPECIFICATIONS AND STANDARDS: All work shall be accomplished in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, manufacturer’s recommended procedures, industry standards and codes including the DPOR, Occupational Safety & Health Administration (OSHA) and Virginia Occupational Safety & Health (VOSH), the

Virginia Uniform Statewide Building Code issued by the Department of' Housing and Community Development, the National

Electrical Code and all codes governed by the International Code Council in effect on the date of the purchase order. All work performed under this contract shall be done in a manner that will not overload or render useless any portion of the facility and will not adversely affect the integrity of the building's structural, mechanical, electrical, fire protection, and life safety systems or any other building features.

C. REQUIREMENTS WITH WHICH THE CONTRACTOR SHALL COMPLY:

1. Contractor:

a) Contractor shall be licensed Class A or B through DPOR.

b) The Contractor shall ensure his capacity to perform work under this contract, even though there may be other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the timeframes required herein.

c) The Contractors firm shall perform (at a minimum) 75% of the total contract work with their own employees.

d) When required, VDOT will expect the Contractor to provide drawings and/or sketches of proposed work.

e) VDOT reserves the right to contract with other contractors to perform services not included in this contract. This is to inform the Contractor that they may be required to work side by side with other vendors who are performing other services during the performance of the Contractor’s work on this contract.

2. Personnel:

a) Contractor Qualifications: The Contractor agrees that competent, experienced and qualified staff professionally trained to perform Construction services shall perform all work. It is expected that if one service technician is sent to perform the service required, that the service person shall be for “Carpentry Services, Rough”, unless agreed to by the

VDOT Contract Administrator.

▪ Helper: Each Helper shall have a minimum of one (1) year of experience in the field and shall have demonstrated proficiency in providing the services.

b) Labor Rates: Bid prices for labor rates shall be in the form of a firm fixed price and shall include the use of tools, equipment, supplies and all other incidental cost of doing business. The Contractor shall be paid strictly by the hour and there will be no guaranteed minimum. Time spent in material acquisition, handling and delivery, or for the movement of Contractor owned or rental equipment shall not be invoiced. Bid prices shall include all direct and indirect overhead costs such as tools, equipment, transportation, etc. This will also include the use of cellular phones and handheld radios used by the Contractor to conduct business.

c) Contact Person: The Contractor shall assign a person as the Supervisory Representative who will have the authority to execute this contract work. The Contractor shall provide this name as well as additional personnel names and phone numbers who can be contacted 24 hours a day, seven days a week in case of emergency needs. Complete and return

Attachment – D Normal and Emergency Contacts.

d) Supervision: It shall be the Contractor’s responsibility to completely supervise and direct the work of his employees as well as all subcontractors. Subcontractors who perform work under this contract shall be responsible to the Prime

Contractor. During VDOT billable productive hours Contractor shall not engage in any non-VDOT related work.

e) Contractor’s Personnel: The Contractor’s personnel shall be courteous and respectful and shall refer all questions concerning work planned, performed or promised to the VDOT Contract Administrator.

e) Behavior: The Contractor and Contractor’s foreman/supervisor shall be responsible for the conduct and performance of all of the Contractor’s employees and subcontractors while at the work site and their compliance with the following rules:

1. Workers appearing to be under the influence of alcohol or drugs shall not be permitted on the job site.

2. Loud and disruptive conduct shall not be permitted. Profanity, whistling, catcalling, leering, coercing, or harassing shall not be tolerated. Substantiated reports of harassment shall be grounds for removal of the employee(s) concerned. Repeated incidents shall be grounds for termination of the work order/contract at the discretion of

VDOT.

3. Smoking, smokeless tobacco products, e-cigarettes,”vaping”, etc.is banned inside all state facilities including parking garages, covered walkways, temporary enclosed structures, trailers, and tents. Smoking is permitted outdoors on state property grounds, plazas, sidewalks, malls and similar open pedestrian-ways provided smokers are 25 feet or more in distance away from an entrance or exit of any facility, including parking garages. Smokers shall use ash urns to dispose of their smoking material waste and shall not litter state-owned property with smoking material waste. Smoking is banned inside all state-owned vehicles.

4. Pants, shirts, and hats must not display any offensive images or language.

g) Sanitary Facilities: The Contractor may use VDOT’s sanitary facilities, if available, as long as there is no abuse of the privilege, and the facilities are left in the same manner in which they were found.

3. Equipment:

a) Tools: The Contractor shall have and maintain suitable modern equipment and tools necessary for the satisfactory execution of solicited work and all costs associated shall be included within the bid unit prices. A listing of the

Contractor’s general tools and equipment of the trade may be requested to assist in making an award decision. If requested, this list must be received within 3 days of request.

b) Leasing of Specialized Equipment: Leasing or rental of specialized/unique/unusual equipment necessary to perform the scope of this contract, which are not considered as general tools of the trade, and require additional cost, shall be pre-approved in writing by the VDOT Contract Administrator on an hourly, weekly, or monthly basis. No markup is allowed to be added for the cost of renting or leasing equipment.

c) Use of VDOT’s Equipment: The Contractor’s employees are not permitted to use VDOT vehicles, equipment, tools, or radios at any time unless authorized by the VDOT Contract Administrator. Telephone services will only be permitted for local calls pertaining to the performance of this contract.

d) VDOT will not be responsible for any damage or loss to the Contractor’s vehicles, equipment, tools, or rented or leased equipment as a result of work being performed under this contract.

4. General Materials and Supplies:

a) Contractor-Furnished Materials: The Contractor shall furnish all materials needed unless other arrangements are made by VDOT. The materials shall be new and free from defect. Products supplied by the Contractor shall be quality products that comply with all applicable laws, ordinances, rules, regulations and codes and are compatible with pre-existing materials and equipment in the building involved and have been pre-approved for use in writing by the VDOT

Contract Administrator. If new materials are not available or the delivery time for new parts is unacceptable to the

VDOT Contract Administrator, used or rebuilt/refurbished parts may be allowed by the VDOT Contract

Administrator. This may be done only with written authorization by the VDOT Contract Administrator and will not become a normal routine.

b) VDOT-Furnished Materials: VDOT reserves the right to furnish any or all materials, and/or equipment to the

Contractor for the work order.

c) Materials Invoiced at Cost: Materials shall be invoiced at Contractor’s cost. The Contractor shall include a list of materials, itemized by supplier’s invoices and invoice total on the Contractor’s invoice. The Contractor shall also submit the supplier’s invoices to confirm these prices. If the Contractor furnishes materials from their shop, they shall be billed at the market rate on the Contractor’s letterhead/invoice. This may be done only with written authorization by the VDOT Contract Administrator and will not become a normal routine. Contractor-supplied material shall be listed on the Contractor’s invoice and itemized detailing the contractor’s cost.

d) No Changing of Materials without Approval: No materials shall be reduced or changed unless pre-approved in writing by the VDOT Contract Administrator.

e) All manufacturers’ installation, operation, and parts manuals shall accompany invoices submitted for all equipment provided under this contract and shall become the property of VDOT.

5. Manner of Conducting Work at the Job Site:

a) Work Performed Under This Contract: It is understood that the work to be performed under this contract will be non-capital outlay projects and shall not require the services of an architect, engineer, or consultant, and that the work required can be done as a result of routine field survey by the Contractor, examinations of written information and simple sketches and diagrams briefly describing VDOT’s needs and building blueprints, if necessary. However, if upon completion of the site investigation of the requested work, the Contractor determines the scope of work in response to VDOT’s request requires the services of an architect, engineer, or consultant, then the Contractor shall notify VDOT Facility Manager.

b) Satisfaction: All work shall be performed according to the specifications herein.

c) Security: If required, the Contractor’s foreman/supervisor shall be responsible to secure the work area before leaving the location. The Contractor’s employees may be required to present proper identification when reporting to a VDOT facility (i.e. examples are company identification card, driver’s license).

d) Use of Premises: The Contractor shall perform their work in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises.

e) Delivery and Parking: Arrangements shall be made to deliver material and equipment to work sites. The VDOT

Contract Administrator shall approve parking and material storage arrangements.

f) Storage: Upon approval by the VDOT Contract Administrator, VDOT may provide storage sites for the Contractor’s equipment or materials; however, VDOT will not be responsible for any loss or damage to the Contractor’s equipment or materials. The Contractor shall NOT store any flammable or hazardous materials on the VDOT property without prior approval of the VDOT Contract Administrator. The Contractor shall store their apparatus, materials, supplies, and equipment in such an orderly fashion that it will not interfere with the progress of their work, the work of any other Contractor, or operations. All stored materials shall be in compliance with Environmental Standards, Virginia

Occupational Safety & Health (VOSH)/ Occupational Safety & Health Administration (OSHA) and all other safety standards. Contractor must maintain, on the VDOT site, a copy of all required Hazard Communication Safety Data

Sheets.

g) Use of VDOT Water and Electric: With written permission from the VDOT Contract Administrator, the Contractor may use VDOT’s water and electric. If any modifications are required, the Contractor shall obtain written permission from the VDOT Contract Administrator. The Contractor, at their expense, shall make modifications that are approved.

The Contractor shall remove modifications upon completion of the project and return the area to its original condition.

VDOT will not charge the Contractor for the use of these utilities unless persistent wastage occurs. In such cases, as determined by the VDOT Contract Administrator, the Contractor will be charged for the utilities at the same rates charged to VDOT by the corresponding utility companies.

h) Miss Utility: When work requires digging, boring or excavating, the Contractor shall contact “Miss Utility” and locate all underground utilities including those installed by VDOT prior to performing any work.

i) Trenching: Trenching shall be coordinated with the VDOT Contract Administrator, to meet VDOT’s requirements, before starting the work.

j) Backfilling and Ground Disturbance: Backfilling and seeding shall be coordinated with the VDOT Contract

Administrator, to meet VDOT’s requirements, for each site. Backfill shall be compacted. Grass areas disturbed shall be leveled to match existing areas, sowed with fescue grass seed, and covered with straw mulch.

k) Concrete: The Contractor shall be responsible to secure and monitor any concrete work until it hardens. The

Contractor shall be held accountable for damage incurred prior to hardening.

l) Cleanup: The Contractor shall clean up frequently so the work site presents a neat, orderly and workmanlike appearance at all times. Floors, walls, etc. shall be swept, wiped down and the work area/site returned to the level of cleanliness prior to work commencing so the area is ready for use. If a Contractor fails to clean up at the completion of the work order, the VDOT Contract Administrator may do so and charge the costs to the Contractor.

m) Disposal: The Contractor is responsible to dispose of all refuse, rubbish, scrap materials and debris caused by their operations. No such refuse, rubbish, scrap material and debris shall be left within the completed work area nor buried on the project site but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law. No VDOT dumpsters are to be used for disposal without written permission from the VDOT Contract

Administrator. There will be no separate reimbursements for the transportation or hauling of materials or debris, therefore the Contractor shall include these costs into the hourly rate. The Contractor may invoice for the actual cost of landfill dumping fees for the disposal of VDOT debris.

n) Coordination with State Forces: VDOT reserves the right to perform any type of work within the limits of this operation. The Contractor shall cooperate with VDOT and other contractors as necessary.

D. METHOD OF ORDERING WORK:

1. Work Notification Procedure: The VDOT Contract Administrator will provide a written Work Order Number identifying the work location, the date(s) and the Scope of Work

2. Work Estimate: (See ATTACHMENT K) The Contract Administrator will request a work estimate for projects above

$2,500. The Contractor may be required to visit the work site within two workdays (48 hours) and carefully examine the site of the proposed work to acquire a full understanding of the nature and scope of the project to be accomplished upon request. The Contractor shall furnish the VDOT Contract Administrator, within five (5) workdays, a written estimate of the costs to complete the project, to include a breakout of quantities of labor to be billed at the contracted hourly rates, materials needed and the number of days to complete the project after receiving the Work Order. All approved work shall be scheduled and commence no later than five (5) calendar days from receipt of the Work Order authorizing work to proceed. The Contractor, in establishing the target date for completion, shall take into account the time required to obtain delivery of the required materials and, where appropriate, advise the VDOT Contract Administrator if the availability of materials may delay the start of work on the project beyond the required five-day limit. In preparing such estimates, the

Contractor may choose to rely on physical inspections, or to contact the Facilities Office to obtain access to building blueprints, if available. Upon approval, a Work Order will incorporate the Contractor's estimate and the terms and conditions of the basic contract.

a) If the estimate is not considered fair and reasonable by VDOT, the Contractor will be asked to review and re-submit the estimate; if the revised estimate is still not considered to be fair and reasonable, VDOT reserves the right to obtain the repairs from another source, outside of this contract, if the price is deemed not fair and reasonable.

3. Advance Notice: Due to many locations being un-manned the Contractor will be required to schedule all work in advance with the VDOT Contract Administrator or their designee. For all non-emergency work, the Contractor shall notify the

VDOT Contract Administrator at least two (2) working days in advance of their scheduled presence on site in order that building occupants may be notified in a timely manner.

4. Additional Work: The cost of actual repair work shall not exceed the Contractor’s estimate of man-hours and materials by greater than 10% without first obtaining written approval from the Contract Administrator to proceed. If during the course of the project additional work is required that is not listed in the Scope of Work on the Work

Order, the Contractor shall obtain written permission through a Change Order from the VDOT Contract Administrator before any additional work can be performed. If the Contractor fails to do so, the additional work shall not be paid by VDOT.

5. Continuous Operation Requirement: The Contractor shall provide a continuous operation once work has commenced, with the exception of interruptions caused by weather or delays authorized by the VDOT Contract Administrator or designee. The Contractor shall provide sufficient equipment and personnel to complete the work within the timeframe specified.

6. Declining Assignment: If the Contractor is unable to perform a work order, a VDOT supplied Contractor Release Form shall be signed and documented by the Contractor stating why they cannot perform the work. VDOT shall approve or disapprove in writing whether the Contractor is released from contractual responsibilities. If the Contractor declines a work order other than the one approved in writing by VDOT, he will be considered in default.

7. Contractor’s Failure to Report: If the Contractor fails to commence work at the mutually agreed upon time, a

Procurement Complaint form may be issued against the Contractor. It shall address the deficiency and corrective action needed. If corrective actions are not acquired by the deadline stated in the cure letter, VDOT may have the work accomplished by another source and the Contractor may be held responsible for any resulting additional purchase and administrative costs in accordance with the General Terms and Condition paragraph P.

E. HOURS OF WORK:

1. Work Hours: All services shall be performed (unless mutually agreed upon by the Contractor and VDOT) during normal business hours, which are 7:00 AM – 5:00 PM Monday through Friday.

2. Nights/Weekends/Holidays: During emergencies or because of the nature of work, the Contractor may be required to work hours outside of the Work Hours. These hours may be at night, anytime between 5:00 PM and 7:00AM Monday through Friday, on Weekends, any time between 5:00 PM Friday and 7:00 AM the following Monday or on Holidays, any holiday observed by the Contractor. The VDOT Contract Administrator or their designee will pre-approve in writing when the Contractor is required to work outside of normal work hours.

3. Starting Times and Schedules: Starting times and schedules may vary and will be at the discretion of the VDOT Contract

Administrator.

4. State Holidays: Normally, the Contractor will not be permitted to work on State Holidays observed by VDOT without the written permission of the VDOT Contract Administrator

F. SAFETY REQUIREMENTS:

1. Safety Standards, Rules and Regulations: The Contractor shall ensure all personnel including subcontractors and equipment comply with all OSHA and VOSH Standards as they apply to the work being done and not create any hazardous conditions. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract. Refer to Section X Special Terms and Conditions Paragraph 30 Safety and Health Standards.

2. Protection Of Persons and Property: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor’s operation in connection with the work by ensuring all work/job areas are maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT’s property. The

Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners.

3. Authority to Suspend Work: During the execution of the work, the VDOT Contract Administrator or anyone within

VDOT’s Management will have the authority to suspend the work fully or in part due to the failure of the Contractor to correct unsatisfactory work or conditions unsafe for the workers and/or general public, for failure to carry out orders for such period, and as he may deem necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in the public’s interest.

4. Signing: The Contractor shall be responsible for work sites being appropriately designated/protected by any necessary signing/barriers including signs, caution tape, etc. as required to identify any dangerous situation created by the on-going project.

5. Driver’s License: When required by the equipment being operated, the operator of each piece of equipment shall possess a valid certificate and/or Driver’s License with the proper endorsements.

6. Tradesman Certification: The Contractor shall ensure crew members possess and be able to present the proper tradesman’s certification issued by the Virginia Department of Professional and Occupational Regulation (DPOR).

G. VERIFICATION: The Contractor shall verify, with the VDOT Contract Administrator, the labor, materials, and specialized equipment used and that the work is fully in compliance with the contract and VDOT specifications, upon completion of each work request, any labor, materials, specialized equipment, and pre-approved sub-contractors used that day shall be listed on the ‘Contractor’s Service Call Report’. The VDOT Contract Administrator and the Contractor shall sign the Work Request

Estimate Form (if applicable) verifying VDOT authorized the hours worked, and the materials and specialized equipment used.

Refer to Attachment K - Work Request Estimate Form.

H. TRANSPORTATION: The Contractor shall provide transportation for workers and tools to the job site. This vehicle shall also be suitable for hauling materials and debris and shall be properly licensed in the state of Virginia.

I. LUNCH BREAKS: Lunch and other breaks shall not be considered as productive time and are not billable hours to VDOT.

J. NON-PRODUCTIVE RESPONSE TIME: The Contractor may be permitted to charge for up to two (2) hours response time, at the hourly rate for any requested personnel if the Contractor is unable to perform work under this contract due to circumstances pre-approved in writing by the VDOT Contract Administrator (i.e., inclement weather, emergency situations for

VDOT, etc.). The personnel must have reported to the job location or be enroute when the work order is canceled by the VDOT

Contract Administrator. VDOT reserves the right to determine if the Contractor qualifies for non-productive response time.

K. CORRECTIONS: Prior to final acceptance of the work, the Contractor shall correct, repair, or replace any work that was damaged by the crew. All work not meeting the approval of VDOT shall be corrected within 24 hours after notification at the

Contractor’s sole expense or VDOT may arrange for the corrective work to be accomplished by other forces and reserves the right to deduct that portion from the amount due the Contractor.

VI. MANDATORY PRE-BID CONFERENCE: A mandatory in person pre-bid conference will be hosted by the Contract

Officer at 10:00 AM EST on May 7, 2024 at the Lynchburg District Office, 4219 Campbell Ave, Lynchburg, VA 24501.

The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at this prebid conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this prebid conference. No one will be admitted to join the conference after

10:00 AM EST.

If you plan to participate in the mandatory pre-bid conference you must provide the following information via email to

Robert.Dowdle@vdot.virginia.gov no later than 5:00 PM EST on the business day prior to the scheduled conference.

• Solicitation Number and Title

• Company Name and Address

• Representative Name, Phone Number, Email Address.

At the start of the conference the Contract Officer will conduct an attendance roll call to identify the individuals participating.

Participants will be requested to provide their individual name, company name and contact information during the roll call.

Participants who did not provide their information in advance will be requested to provide their name, company and contact information during the roll call. Bids will only be accepted from those Bidders who are represented and make their participation known to the Contract Officer during the conference roll call and who requested admittance no later than 10:00 AM EST.

Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written Addendum to the solicitation.

VI. METHOD FOR PAYMENT:

Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692-

0473 or via email at: edi@doa.virginia.gov

VII. INVOICING:

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

Virginia Department of Transportation Lynchburg District Facilities Section 4219 Campbell Avenue Lynchburg, VA. 24501

In lieu of mailing, invoices may be submitted as an attachment via email to Johnathan.Franklin@VDOT.Virginia.gov.

VIII. BIDDER’S INSTRUCTIONS and PUBLIC BID OPENING

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To learn how to submit an online bid in eVA please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at:

mailto:edi@doa.virginia.gov mailto:Johnathan.Franklin@VDOT.Virginia.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents.

In the event of technical difficulties, suppliers should contact eVA Customer Care at 1 -866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

Bids will be opened at the time stated on the electronic posting and the reminders page of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A virtual public bid opening will be hosted by a VDOT representative at 2:00 PM EST on May 20, 2024.

Join the meeting now

Meeting ID: 263 014 938 170

Passcode: hrYNvk

Dial-in by phone

+1 434-230-0065,,5515657# United States, Lynchburg

Find a local number

Phone conference ID: 551 565 7#

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

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

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

IX. GENERAL TERMS AND CONDITIONS:

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

Virginia”.

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

https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWIxODVlYWQtOWY0NS00MGZiLTgxNGItNTg2MjlhMzlhZTU5%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22ca749677-1dae-462a-bde2-abdd0f12c894%22%7d tel:+14342300065,,5515657 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=5515657 http://www.eva.virginia.gov/

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

Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of

Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the

Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United

States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the…