QQ 57691 Asphalt Repair Services.pdf

Administrative Services/Procurement Hampton Roads District Asphalt Repair Services

QQ# 57691

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide asphalt repair services at the First Landing State Park located at 2500 Shore Drive, Virginia Beach, Virginia 23451.

PERIOD OF CONTRACT: From start date specified on Notice of Award (PO) through thirty (30) days.

This Quick Quote is Set Aside with the Department of Small Business and Supplier Diversity (DSBSD) Certified Small Business Enhancement Award Priority.

II. QUESTIONS REGARDING THIS QUICK QUOTE:

Any questions regarding this Quick Quote shall be addressed to Rhonda J. Tharrington at rhonda.tharrington@VDOT.virginia.gov. The issuing office shall determine whether any amendment should be issued as a result of any questions or other matters raised.

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:

The contractor shall provide all transportation, labor, supervision, equipment (to include PPE), tools, materials and incidentals necessary to apply an overlay to a section of pavement at First Landing State Park. All equipment, materials and work performed, shall conform to the current edition of the VDOT Road and Bridge Specifications sections 211, 315, and 515 of the current edition of the Virginia Work Area Protection Manual and the Manual on Uniform Traffic Control Devices and all revisions. The contractor shall comply with the Occupational Safety and Health Administration (OSHA) and the Virginia Occupational Safety and Health (VOSH) regulations as applicable.

A. CONTRACTOR’S REQUIREMENTS/PROCEDURES:

The Contractor

1. Shall hold a current Contractor’s License with the Heavy/Highway classification.

2. Shall provide an all-inclusive firm fixed price to mobilize, perform grading and prep work to pave an area approximately 370' L X 15' W from camp sites 130 to 134 at First Landing State Park. This work will include milling areas where roots have grown through the existing asphalt, prepping the area, sweeping, tack coating, and placement of a 2” IM overlaying existing asphalt. This work will not include placement of any markings or require any testing.

3. Shall furnish and apply Asphalt Mix IM-19.0A as specified in Section 211 of VDOT’s current Road and Bridge Specifications.

4. Shall contact Miss Utility to have underground utilities verified and marked prior to digging or excavation work.

The Contractor shall be responsible for any damage resulting from performance of work under the resulting contract when the Miss Utility guidelines are not followed.

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5. Shall be responsible for leaving the worksite neat and clean and shall dispose of all debris and unusable material resulting from the work. This material shall be properly disposed of in a licensed/approved landfill, delivered to an asphalt production plant to be recycled, or disposed of as otherwise required by law.

6. Shall coordinate equipment location/staging with the VDOT Representative.

7. Shall use cones at the worksite if needed.

8. Shall square up at the end of each day any asphalt material placed in lifts exceeding 2 inches in depth. After placement of each lift, it shall be compacted in accordance with Section 315 of VDOT’s Road and Bridge Specifications. Care shall be taken to ensure the surface of the repaired area conforms to the grade of the surrounding pavement.

9. Shall perform all work in accordance with the contract requirements and to the satisfaction of the

Agency/Department. Upon completion of work, the roadway pavement shall have an overall neat appearance, as can be expected with regard to the type of work as required. Spillage and/or wide bands of sealant shall not be present upon completion. The contractor shall comply with any noise ordinance(s) in effect, per other governing bodies.

10. Shall be responsible for cleaning up and repairing any damage caused by spillage of lubricants or fuel from equipment at their expense.

11. Shall cut square all patch joints when feasible, and properly prepare each site prior to tacking and placing of asphalt surface mix. Upon completion, finish tie-in grades shall be smooth with all joints neatly sealed.

12. Shall transport and have equipment fueled and be ready to begin operations when he reports to the job location as assigned by the Representative. The Contractor shall provide any and all incidentals necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools, fuels, lubricants, cutting bits, safety supplies and personal protective equipment.

13. Shall provide, maintain, and operate equipment designed for the operation described herein and shall ensure the equipment is in good repair and operating condition and meets safety requirements for this type of work. The Contractor shall provide fully trained and qualified operators to operate the necessary equipment.

14. Shall continuously monitor the cutting or grinding head of the machine to ensure and maintain the creation of a uniformly textured milled surface.

15. Shall notify the VDOT Representative when the work is near completion.

16. Shall be responsible for correcting any deficiencies prior to demobilizing equipment.

B. WORK SCHEDULE:

This work is slated for March 2024. This work will be performed during daylight hours. The contractor shall coordinate start up and schedule start up with the Department Representative.

Asphalt Repair Services

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C. EQUIPMENT/PERSONNEL REQUIREMENTS:

1. The equipment furnished for these services shall strictly conform to Section 315.03 and 515.02 of VDOT’s Road and Bridge Specifications. Other equipment not listed/covered in the Road and Bridge Specifications shall be manufactured and suitable for the intended purpose. VDOT in its sole discretion shall determine whether the equipment offered by bidders is considered suitable.

2. Tandem and Single Axle Truck Operators shall be CDL certified.

3. The Contractor shall have a competent superintendent or foreman onsite at all times who shall be familiar with all phases of the work and who will ensure the required services are delivered in accordance with the contract. The superintendent or foreman shall represent the Contractor in his/her absence and all directions given to him/her shall be as binding as if given to the Contractor. The on-site foreman/superintendent will be recognized as the Contractor's safety representative unless another designee is specified. The Contractor's representative must be able to communicate verbally and understand instructions (verbal/written) in the English language.

4. Crew members shall be trained and experienced in performing asphalt placement/repair services.

5. Contractor personnel shall wear approved protective clothing, safety vests, and any other equipment required to meet the Occupational Safety and Health Administration (OSHA) and Virginia Occupational Safety and Health (VOSH) standards.

6. Each piece of equipment provided under this contract must be equipped with operating lights and other appropriate safety lights, including backup alarms, in order to effect safe operation and which shall be in compliance with the Virginia Work Area Protection Manual.

7. The Contractor shall provide (make available) a mechanic to maintain his/her equipment to keep in good working condition during asphalt repair operations.

8. The Contractor's operators shall not create any hazardous condition with the operation of the equipment.

9. The Contractor shall be fully responsible for his/her own equipment and for any liability, damages and/or losses that may be sustained while such equipment is at First Landing State Park.

10. The Contractor shall not park their equipment in areas where it can pose a safety hazard to visitors/tourists.

11. The Contractor shall devise a method of fueling his/her equipment on site that meets with the approval of the Representative.

12. The Contractor shall provide access to toilet facilities while working on projects. It is the responsibility of the contractor to accommodate their employee's bathroom and/or relief breaks, if necessary, at no additional cost to

VDOT.

13. State Inspection/Registration/Licensure — All Contractor vehicles used to provide services under this contract shall have a current state vehicle inspection and registration from the State where the vehicle is registered and must be properly insured in accordance with that State's requirements.

14. Each bidder shall furnish a listing of their equipment that will be used as a part of this contract on Attachment A (Vendor Qualification/Equipment Certification Form), with the submission of his bid. Failure to submit this listing may be cause for rejection of the bid.

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D. PERSONNEL REQUIREMENTS:

1. CONTRACTOR’S PERSONNEL: The Contractor’s personnel shall always serve the traveling public, landowners and citizens throughout the Hampton Roads District in a courteous and respectful manner. The Contractor’s personnel shall refer all public questions concerning work planned, performed or promised to the VDOT Representative.

2. CONTRACTOR’S QUALIFICATIONS: The contractor shall provide competent, properly trained, experienced and qualified personnel to accomplish the work. All equipment operators shall be experienced and licensed/certified to operate the equipment used for the work specified herein.

3. CONTACT PERSON: The contractor shall assign an individual as the prime contact for this contract. This individual shall be available 24/7 and shall be fluent in the English language.

4. SUPERVISION: Using the best skill and attention, it shall be the contractor’s responsibility to completely supervise and direct the work of their employees as well as all subcontractors that they may utilize. Subcontractors who perform work under this contract shall be responsible to the Prime Contractor.

5. COMMUNICATION: The Foreman assigned to perform work under the resulting contract must be able to understand and communicate effectively in English.

6. CONTRACTOR’S CONDUCT: The conduct of all personnel shall be professional at all times and workers appearing to be under the influence of alcohol or drugs shall not be permitted on the worksite.

7. BEHAVIOR: Loud and/or disruptive behavior including but not limited to catcalling, whistling, leering, and other similar gestures shall not be permitted. Substantiated reports of disruptive behavior or harassment shall be grounds for the removal of the employee(s). Repeated incidents may be grounds for termination of the contract.

8. APPEARANCE: Any person (contractor’s or subcontractor’s employees) working under this contract shall be neat in appearance at all times. Proper dress shall include shirts or blouses with sleeves and long pants or slacks. Clothing shall be appropriate for the weather conditions.

NOTE: VDOT reserves the right to reject/dismiss any of the contractor’s employees who in VDOT’s judgment are not adequately qualified to perform the work.

E. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. SATISFACTION: All work shall be performed according to the contract specifications and completed to the satisfaction of the DCR’S and VDOT’s Representatives.

2. USE OF PREMISES: The contractor shall perform work in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises.

3. COMMUNICATION: The crew shall have at least one crewmember that communicates effectively in English (both orally and in writing) and comprehends the English language. This crew member shall communicate instructions to other crew members or coordinate this communication.

4. SECURITY: If required, the contractor’s foreman shall be responsible to secure the work area before leaving the location.

5. 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.

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F. SAFETY REQUIREMENTS:

1. SAFETY STANDARDS, RULES AND REGULATIONS: The contractor shall be responsible for ensuring all personnel, including subcontractors, and equipment comply with all OSHA and VOSH Standards as they apply to the work being performed and not create any hazardous conditions with the equipment used. This includes, but is not limited to, equipment having vehicular backup alarm systems and flashing lights and any equipment containing a roll-over protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to Special Terms and Conditions, Safety and Health Standards, No. 21.

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 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 DCR’s property from damage arising from the performance of this contract.

3. AUTHORITY TO SUSPEND WORK: During the execution of the work, the Contract Administrator, or designee, will have the authority to suspend the work fully or in part due to the failure of the contractor to correct conditions unsafe for the workers and/or general public, for failure to carry out orders for such period, and as may be deemed necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in the public’s interest.

G. REFERENCES:

Road and Bridge Specifications | Virginia Department of Transportation

V. 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 . No additional fees/charges shall be applied when utilizing the SPCC card for payment.

VI. INVOICING:

Invoices shall be submitted upon completion of work to the address and section listed below. Invoices shall include the contract number, purchase order number, work 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 Hampton Roads District – Interstate Maintenance Office

1992 S. Military Hwy.

Chesapeake, VA 23320

In lieu of mailing, invoices may be submitted as an attachment via email to: karen.sears@vdot.virginia.gov and faye.davis@vdot.virginia.gov https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-specifications/ mailto:edi@doa.virginia.gov mailto:karen.sears@vdot.virginia.gov

Asphalt Repair Services

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VII. OPTIONAL SITE VISIT:

Due to the importance of bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, bidders are highly encouraged to contact Ruby King at (757) 705-5687 to schedule a drive through/site visit for this project.

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VIII. GENERAL TERMS AND CONDITIONS:

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

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

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

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

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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 Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS: If any prospective(bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

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J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2- 4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2- 4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in

(2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE

LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION

REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF BIDDERS: The Commonwealth 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 Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth 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.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any 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 agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes 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, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency 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 Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

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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 Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency 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 Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. 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 Vendors Manual. 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 Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, 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 Commonwealth may have.

Q. OMMITTED:

R. OMMITTED:

S. OMMITTED:

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2- 4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (www.eva.virginia.gov) for a minimum of 10 days.

http://www.eva.state.va.us/

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V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such 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 vendor.

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

W. NONDISCRIMINATION OF CONTRACTORS: A bidder or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest.

If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS:

The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automate government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

i. DSBSD-certified Small Businesses: 1%, capped at $500 per order.

ii. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at www.eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

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

Asphalt Repair Services

QQ # 57691

Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY:

This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids.

AA. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders shall state bid prices in US dollars.

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law.

Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

CC. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic , but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

Asphalt Repair Services

X. SPECIAL TERMS AND CONDITIONS:

1. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this invitation for bid, no indication of such sales or services to the Virginia Department of Transportation (VDOT) shall be used in the contractor's product literature, press releases or advertising nor shall the contractor state in any of its advertising, press release or product literature that the Commonwealth of Virginia or VDOT has purchased or uses its products or services.

The contractor also shall not include VDOT in any client list in advertising and promotional materials.

2. AWARD: The Commonwealth will make the award(s) on a total sum basis to the lowest responsive and responsible bidder that is a DSBSD-certified micro business if such a bid is received, provided that the bid is less than $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. Otherwise, award of the contract shall be made to the lowest responsive and responsible bidder that is a DSBSD-certified small business if such a bid is received, provided that the bid is not more than $100,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. If, in the agency’s opinion, the criteria in the previous two sentences are not present, then award shall be made to the lowest responsive and responsible bidder of any size, provided the agency in its sole discretion determines that the price is fair and reasonable. If applicable, unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for early prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

3. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for thirty (30) days. At the end of the thirty (30) 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.

4. COORDINATION WITH STATE FORCES: VDOT reserves the right to perform any type of work within the limits of this operation. The Contractor shall cooperate fully with VDOT and other Contractors as necessary. VDOT reserves the right to supply additional equipment from other VDOT resources if deemed necessary.

5. CONTRACTOR IDENTIFICATION CARDS: The Contractor, the Contractor's supervisors and employees shall carry a valid government issued picture identification card on them at all times when performing work under the resulting contract.

6. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I certify that this firm/individual and subcontractors is properly licensed for providing the goods/services specified. Furthermore, the contractor and subcontractors shall maintain the required license throughout the term of the contract. The contractor or their subcontractor shall immediately notify the contracting agency in writing in the event the license has been revoked.

Provide the below information on Attachment D.

Contractor Name: _________________

License # _________________ Type ________________

Subcontractor Name: _________________________

License # _________________ Type ________________

Asphalt Repair Services

QQ # 57691

7. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by bidder within any 12-month period is $750,000 or more, the bidder is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken by bidder within any 12-month period is $150,000or more, but less than $750,000 or more, the bidder is required to be licensed as a “CLASS B CONTRACTOR.”

If such a contract is over $1,000 but less than $10,000, or if the contractor does less than $150,000 in business in a 12-month period, the bidder is required to be licensed as a “CLASS C CONTRACTOR.” The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. Provide the below information on Attachment D.

Licensed Class A Virginia Contractor No. _______________Specialty _______________

Licensed Class B Virginia Contractor No. _______________Specialty _______________

Licensed Class C Virginia Contractor No.