QQ Timber Clearing RT 601 Charlottesville.pdf

Administrative Services/Procurement

Culpeper District

Tree Clearing Route 601 Albemarle

Quick Quote

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EVA QUICK QUOTE FOR TREE CLEARING ON ROUTE 601

ALL BID RESPONSES MUST BE MADE THROUGH eVA

I. PURPOSE:

The Virginia Department of Transportation herein referred to as “VDOT” is soliciting bids from qualified firms to perform planned timber clearing services on Route 601 (Old Ivy Road) in Charlottesville, VA. There is an estimated 17,400 square feet of disturbance of which approximately 6,000 square feet has some sort of trees or brush in which any trees 3 inches or greater in diameter at breast height need to be removed. This work shall be in accordance with the performance specifications herein. This project is located within the Culpeper District in Albemarle County on Route 601 (Old Ivy

Road) at State Structure 6261. All work shall be completed at the direction of VDOT.

PERIOD OF CONTRACT: From date of award March 29, 2024 (non-renewable)

This solicitation is set-aside as Small Business Enhancement Award Priority.

See Special Terms and Conditions #2 “Award”.

II. QUESTIONS REGARDING THIS QUICK QUOTE:

Any questions regarding this invitation for bid shall be submitted in writing to Rosalie.Alther@vdot.virginia.gov no later than two (2) business days, prior to the closing date. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

III. DEFINITIONS:

1. “Diameter Breast Height” (DBH): is the diameter of the trunk or trunks of a tree measured at 4.5 feet above mean ground level at the base of the trunk or trunks. Instances where there is a dispute concerning a measurement due to a tree’s excessive lean, location on a slope or having multiple leaders the method of measurement used shall be in accordance with the most recent version of the International Society of Arboriculture (ISA) Guide for Plant Appraisal.

2. Tree: – All woody vegetation greater than or equal to 3” DBH.

3. Satisfactorily Completed: - All work has been completed by the Contractor in accordance with the specifications herein. This includes inspection by VDOT, any rework as required by the Contract Administrator and validation by

VDOT.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS

A. Scope of Work: The Contractor shall provide all supervision, labor, equipment, traffic control, disposal, fuel, and any other incidentals necessary to meet the requirements of the performance specifications stated within.

1. The work shall consist of timber clearing, cutting and removal of all woody vegetation greater than or equal to three

(3) inches in diameter at breast height (DBH), and maintaining traffic. All stumps shall be cut not to exceed 24” inches in height above existing grade. All timber cut shall become the property of the Contractor. It shall be removed and disposed of in accordance with Section 106.04 of the 2020 Road and Bridge Specifications and in mailto:Rosalie.Alther@vdot.virginia.gov

2 | P a g e accordance with all local, state, and federal laws and regulations. No timber shall be disposed of on VDOT Right of Way.

2. The site location total has an estimated 6,000 square feet within the project’s footprint. Timber clearing limits are denoted in the Attachment B as well as three (3) trees marked with survey ribbon on the northwest quadrant outside the actual footprint that need to be cut and removed as per above. Attachment A shows the existing RW and the easements that have been acquired for the bridge superstructure replacement project. Stakes with survey ribbon have been placed in the field at assist in locating the areas.

3. The Contractor shall be capable of commencing work within ten (10) calendar days the contract is awarded.

Services shall be completed by March 29, 2024. There are no options for extensions or renewals.

Once work has commenced, the Contractor shall conduct in a continuous manner unless weather, safety considerations or other circumstances approved by VDOT delay the work. Contractor shall complete all work requested. Continuous operation of work shall not be delayed due to equipment breakdown, lack of operators, other contractual commitments to VDOT or private sector, etc. Delay of work will be documented in writing and a Procurement Compliant Form will be issued. See Commonwealth of Virginia Vendors Manual Section 7.14.

4. Attachment A reflects the existing RW and Temporary Construction Easement. Attachment B shows the areas where trees or woody debris 3” or greater requires cutting and removal. There are also three (3) trees outside the project footprint that have been marked in the field with survey ribbon.

5. Erosion and Sediment control, if necessary, shall be the responsibility of the Contractor.

6. The Contractor shall provide traffic control as required by the Virginia Work Area Protection Manual

B. Performance Based Specifications:

1. All work shall be performed in accordance with the current edition of ANSI Z133.1–Safety Requirements for

Arboricultural Operations, VOSH 1910.266 and the Virginia Tree Policy and Safety Operation Procedures 16

VAC 25-73-10.

2. Compliance with all applicable Federal and State laws Regulations and Policy are the responsibility of the

Contractor. The Contractor shall be able to demonstrate Compliance with VOSH regulations while performing services in the Commonwealth of Virginia. VDOT will monitor for general safety compliance and is required to report repeated safety violations to the Virginia. Department of Labor.

3. All work shall be performed within VDOT maintained Right-of-Way, Temporary or Permanent Easement or on

VDOT Property. No work shall be performed on the adjacent private property without notification to the CA and obtaining the property owner’s written permission prior to the work being done. Documentation of such permission shall consist of a VDOT Right of Entry Form signed by the adjacent private property owner(s).

4. The Contractor shall make every attempt to avoid deep scarring to prevent erosion and sedimentation of water bodies.

5. Generated debris/felled trees shall not be deposited in streams, wetlands, or ditch lines.

6. Waste / debris materials generated by these services shall not be disposed of by burning on-site.

7. A reasonable effort shall be made to avoid damaging neighboring trees during the removal of a subject tree.

Should a neighboring tree be damaged, it shall be repaired at no additional cost to VDOT, in accordance with the current editions of ANSI A300–Pruning and ISA’s Best Management Practices–Tree Pruning.

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8. When trees are felled adjacent to the travel way all wood and debris shall be immediately removed from the travel-way and or the clear zone or any area that creates a hazard to the traveling public.

9. No debris may be buried on site, within the limits of the area defined for land clearing services.

10. Equipment may be serviced on site. Appropriate measures shall be taken to ensure no contamination of soil or waterbodies occurs.

11. The Contractor shall be responsible for the daily clean up and removal of all refuse and debris within the clear zone and adjacent to travel areas.

C. Equipment:

1. The Contractor shall provide sufficient and necessary equipment, and tools of the trade to complete the land clearing operations within the defined area and within the defined period of time.

2. The Contractor shall furnish the necessary means for transporting all required equipment, personnel, and materials to all identified locations.

3. If the Contractor plans to cross a stream or wetland, they will be required to provide the necessary equipment for crossing a stream and will comply with all Federal, State, and local regulations when crossing streams. The

Contractor shall coordinate with the Fredericksburg District Environmental Section to acquire any necessary permits.

4. The Contractor shall furnish the necessary means for transporting all required equipment, personnel, materials, and traffic control to all identified locations.

5. All over the road equipment shall be equipped with the following: a wind-resistant truck bed cover, if necessary for hauling a loaded truck and one high intensity amber strobe light.

6. The Contractor shall be required to provide all necessary traffic control equipment (per the VA Work Area

Protection Manual) to include a Truck-Mounted Attenuator (TMA) and Advanced Warning Message Board.

7. At a minimum this work will require an “Lane Closure Operation under a Flagging Operation on a Two Lane

Roadway” as found in the most current edition of the Virginia Work Area Protection Manual.

8. Traffic Control:

a. All traffic control shall conform to the latest edition of the Manual on Uniform Traffic Control Device

Standards (MUTCD), latest edition of Virginia Work Area Protection Manual (WAPM), including

IIMTE-386.2.

b. PORTABLE TEMPORARY RUMBLE STRIPS: This work may consist of employing Portable

Temporary Rumble Strips (PTRS) in support of work-zone flagging operations at locations or times designated herein, in the WAPM, VDOT IIM-TE-386.2, or as directed by VDOT representative.

IIMTE-386.2 provides additional requirements and guidance beyond what is shown in the Virginia

Work Area Protection Manual (VWAPM) for flagging operations on two-lane roadways Contractor shall only use Portable Temporary Rumble Strips (PTRS) that are listed on the most current VIRGINIA

DOT Pre-

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Approved Traffic Control Device Listing. The list may be accessed at:

https://www.virginiadot.org/business/trafficeng-productlists.asp. Currently there is only one approved product.

c. Cost of Portable Temporary Rumble Strips shall be included in the unit price bid.

d. The Contractor shall be required to provide the appropriate signs and spring-loaded type sign stands meeting NHRP 350 requirements and capable of holding a 48” inch sign. It shall be the responsibility of the Contractor to transport, properly set up, and break down all traffic control devices. The contractor shall install and maintain signs in accordance with the most recent edition of the VWAPM and MUTCD, as revised or amended. Signs and outlays layouts shall be in place prior to the performance of any work.

The Contractor shall supply all traffic cones and traffic-related channelizing devices. Contractor shall provide two-way radios for traffic control when applicable.

e. The Contractor shall provide, transport, erect and maintain and dismantle adequate traffic control work zone signs and or temporary barriers to delineate work areas when required and the price quoted shall include these costs.

D. Personnel:

1. Contractor’s Capacity to Perform: The Contractor shall be responsible for having sufficient and adequately qualified personnel and equipment available throughout the contract period to perform the services.

2. Contractor’s Personnel: The Contractor shall be responsible for the conduct of all Contractor’s and

Subcontractor’s personnel while at the work site. The Contractor’s and Subcontractor’s personnel shall at all times communicate with the traveling public, landowners and citizens throughout Fredericksburg District in a courteous and respectful manner. The Contractor’s personnel shall refer all public questions concerning work planned, performed or promised to the Contract Administrator/Contract Monitor.

3. Contact Person: The Contractor shall assign an individual as the Supervision Representative whose name and cellular phone number shall be required prior to commencement of any work activities. The cellular telephone shall be capable of operating throughout the area covered under this contract and be able to communicate effectively with Contract Administrator/Monitor.

4. Supervision: The Supervision Representative shall be responsible for assigning and coordinating work, notifying the CA of crew locations on a daily basis, processing daily/weekly reports, (as necessary) and addressing general contract performance issues and have the ability to meet with VDOT representatives on site as needed. All costs incurred for the Contractor’s Supervision Representative to review future work assignments with VDOT shall be the sole responsibility of the Contractor.

5. Work Zone Certification: The Contractor shall provide at least one (1) employee who, at a minimum, is verified by VDOT in Basic Work Zone Traffic Control for activities involving the installation, maintenance and removal of work zone traffic control devices. In addition, the Contractor shall provide an employee that is verified by VDOT in Intermediate Work Zone Traffic Control to provide supervision during those times when work zone adjustments or changes to standard traffic control installations as shown in the latest edition of the Virginia Work Area Protection Manual are needed due to field conditions. These persons must have their verification card with them while on the project site. If proof of verification cannot be provided by the

Contractor at any time, the operation may be suspended or the Contractor may be deemed in default.

6. Communication: The Contractor’s Supervision Representative and at least one (1) crewmember on each crew shall be capable of communicating (both verbally and in writing) and comprehending the English language. Contractor’s Supervision Representative and the designated crewmember shall be capable of

5 | P a g e communicating instructions to the other crewmembers. The English used by this person must be understood by VDOT personnel.

7. Appearance: Any person working under this contract shall be dressed appropriately at all times. Proper dress shall include long pants (slacks) and shirts or blouses with sleeves.

E. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. Delivery and Parking: There shall be no storage of vehicles, equipment or materials within VDOT property/Right of-Way without specific written permission from the CA.

2. Work Hours: All work shall be performed Monday through Friday, excluding observed Virginia State holidays, during daylight hours and weather conditions permitting, unless otherwise approved by the CA. (Daylight light hours are defined as one-half hour after sunrise to one-half hour before sunset).

3. Cleanup/Disposal: Disposal costs shall be included in the bid prices. Debris shall be kept off the traveled portions and shoulders of the roadway, as work progresses.

F. METHOD OF ORDERING WORK:

Work shall only commence upon written notification (purchase order) from VDOT. Work shall begin within 10 calendar days with a continuous daily operation.

G. SITE VISIT: Bidders are encouraged to physically visit the work site to familiarize themselves with the area in which the work will be performed, in order to provide a solid, firm bid. My signature (including electronic signature) on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the

Commonwealth

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) 6920473 or via email at: edi@doa.virginia.gov

VI. INVOICING:

Invoices may be submitted upon completion of services to the address and section 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 on an agreeable format.

Virginia Department of Transportation

Attn. Culpeper Structure & Bridge Section

1601 Orange Road

Culpeper, VA 22701

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

Sarah.Sydnor@vdot.virginia.gov

VII. BID SUBMISSION - INSTRUCTIONS:

1. Bid Pricing: The bid price shall include all labor, supervision, equipment, traffic control, fuel, disposal, clean-up, supplies, materials, and any other incidentals for performance specifications stated within.

2. All quotes must be electronically submitted through eVA. www.eva.virginia.gov

3. Bidder’s Attachments: Bids received with bidder’s terms and conditions, changes or other documents that contradicts or changes any part of this solicitation may be declared non-responsive at VDOT’s sole discretion.

4. UOM/Quantity: Bidder shall not change the Unit of Measure or Quantity. The unit of measure for bidding on this solicitation grand total for LOT.

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 mailto:Brian.Arnold@VDOT.Virginia.gov http://www.eva.virginia.gov/

7 | P a g e 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 Commonwealth of Virginia under said contract.

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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.

A. 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.

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.

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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.

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

10 | P a g e 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

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. OMITTED:

R. OMITTED.

S. OMITTED:

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.

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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.

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.state.va.us/ file:///C:/Users/gmf87213/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/3CSQTVCA/www.eVA.virginia.gov

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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.

IX. SPECIAL TERMS AND CONDITIONS:

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a. AWARD: The Commonwealth will make the award(s) on a GRAND TOTAL basis to the lowest responsive and responsible bidder. The purchasing office reserves the right to conduct any test it may deem advisable and to make all evaluations. The Commonwealth also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest. Any bidder who enters $0, No Bid, N/A, on a pricing blank or leaves it blank may be considered nonresponsive.

b. BID PRICES: Bid prices shall be in the form of a firm unit price for each item during the contract period.

c. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

d. CLAIMS: The Contractor shall be responsible for the resolution of any and all damage claims presented to VDOT as a result of operations provided herein. Within 30 days of VDOT’s notification to the Contractor of a claim, Contractor shall respond in writing to the claimant and copy VDOT. Failure to properly respond to and resolve claims in a timely manner constitutes unsatisfactory performance and may result in cancellation of the contract and/or removal from the bidders list.

e. 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 working on VDOT right of way or VDOT facilities and/or grounds.

f. 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.

g. ESTIMATED QUANTITIES: Estimated quantities provided within are reflective of past usage and proposed usage only. The contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown. Factors that may contribute to the actual quantities, frequencies of service and/or level of include, but are not limited to, Executive Orders, Department directives affecting changes in funding allocated for the services described in this solicitation. The quantities are estimates only and VDOT does not guarantee that the contractor will perform the estimated quantities. At VDOT’s sole discretion, any or all of the quantities may be added or eliminated and by signing this bid, the bidder agrees that no claims for contractor costs or damages will be allowed for an increase, decrease or elimination of the estimated quantities.

h. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in a single purchase order(s) with the eVA transaction fee assessed for each order.

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format

(CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or

Index Page information to eVA-catalog-manager@dgs.virginia.gov.

i. FINAL INSPECTION: At the conclusion of the work, the contractor shall demonstrate to the authorized owner’s…