Roof Repair Services IFB 158350.pdf

Administrative Services/Procurement Hampton Roads District Roof Repair Services

IFB #158350

Administrative Services Division

INVITATION FOR BIDS IFB# 158350

Issue Date: AUGUST 9, 2023 Title: ROOF REPAIR SERVICES Commodity Code(s): 91473 Location Where Work Will Be Performed: Hampton Roads District – Multiple Locations

Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Contract Officer: Marlene M. Carter Email: Marlene.Carter@vdot.virginia.gov Phone: (757) 956-3036

NOTE TO BIDDERS

Virtual Pre-Bid Teleconference: A Mandatory Pre-Bid Teleconference will be held at 10:00 AM Eastern Standard Time on AUGUST 21, 2023. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 3:00 PM Eastern Standard Time on SEPTEMBER 12, 2023. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 9:00 AM Eastern Standard Time on SEPTEMBER 13, 2023. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Make certain bids are not unbalanced.

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

3. VA STATE CORPORATION COMMISSION

4. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT

5. NORMAL AND EMERGENCY CONTRACTS

6. REFERENCES

7. SUBCONTRACTOR APPROVAL REQUEST

8. OTHER INSTRUCTIONS TO BIDDERS: Be sure to read and follow any other instructions in the solicitation.

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

Administrative Services Division

Invitation for Bids (IFB)

IFB #158350 - Roof Repair Services

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

TABLE OF CONTENTS

PAGE #

I. Purpose 3

II. Questions Regarding This Invitation For Bid 3

III. General Definitions 3

IV. Specifications/Contract Requirements 3

V. Pre-Bid Teleconference 8

VI. Method for Payment 9

VII. Invoicing 9

VIII. Bidders Instructions and Public Bid Opening 9

IX. General Terms and Conditions 10

X. Special Terms and Conditions 17

ATTACHMENTS

A. Work Area Locations 28

B. VA State Corporation Commission Form

C. Small Business Subcontracting Plan (SBSP)

D. Normal and Emergency Contacts

E. Subcontractor Approval Request

F. Virginia Code Red Ozone Days

G. References

H. Contractor License Requirements

I. Prevailing Wages

J. Bid Bond Form

RESOURCES BY REFERENCE

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

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

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to remove and replace the existing roof, fascia, soffit, siding, rakes, gables, sliding door and paint all exterior paintable surfaces at the Franklin Area Headquarters Timekeeper’s Office, Windsor Chemical Building, Skiffs Creek Chemical Building, Williamsburg Area Headquarters Chemical Building, Pine Chapel Area Headquarters, Pine Chapel Equipment Shop, and Pine Chapel Gas House.

PERIOD OF CONTRACT: From Date of Award to be completed within 120 Calendar Days of Award (Non-renewable)

Reminder to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting Plan (SBSP) Attachment C with the electronic bid response in eVA. Bidders selecting “I Plan To Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM Program.

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

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

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

The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

Provide questions no later than 5:00 PM on October 6, 2020.

III. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor”. Virginia Department of Transportation is referred to as “Department” or as “VDOT”, and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. GENERAL

1. Work shall be performed in accordance with the 2018 Virginia Uniform Statewide Building Code.

2. Contractors shall remove existing asphalt shingles, roofing felt, fascia, soffit, siding, and gables in preparation for new material. However, prior to installing new material, all materials planned for use shall have a specification sheet or submittal provided for review and approved prior to use.

3. Remove deteriorated roof sheathing and replace with new sheathing of like kind to match surrounding material at the approved bid price per square foot.

4. In compliance with manufacturer’s warranty requirements, the Contractor shall install new asphalt architectural shingles rated for a 115-mph wind zone. The Contractor shall use Manufacturer’s compatible ridge vents and metal T-Edge drip edge extending ½ inch below sheathing and extend back on the roof a minimum of 2 inches, overlap 3 inches at joints. Material shall meet code requirement for metal gauge and be fastened at 12-inch o/c staggered.

5. Contractor shall use Ice and Water Shield suitable as a versatile underlayment that may be used on sloped roofs and vertical applications. It shall meet code compliance and standards ICC ESR-1677 and Underwriters

Laboratories Inc. Classified Sheathing Material Fire Resistance Classifications. Apply roof covering materials at temperatures of 40 degrees or higher. Side laps shall be 3.5 inches and end laps shall be 6 inches. Metal drip edges and starters shall be installed over the membrane. Do not leave material exposed to sunlight.

6. Perforated vinyl soffits shall be used.

7. At the entrance of the Dome Chemical Buildings, remove and replace torch down roofing membrane on interior concrete walls. Modified roofing material (torch down materials) shall be used at entrances at multiple layers equaling 3/16 or 0.4763 cm thick.

8. At the entrance to Dome Chemical Buildings, prepare bollards by sanding, applying rust prohibitor such as Ospho and painting them Safety Yellow. Two coats of paint are required.

9. Existing metal nosing for the corners shall be replaced with galvanized 4.5 x 4.5 x 3/8 angle iron.

10. Contractor shall use urethane sealant between the shingle lap at the horizontal break line on each diamond shaped section of the roof of the Dome Buildings.

11. Contractor shall repair or replace sheathing on interior of entrances to Dome Buildings as needed and paint.

12. On the domes there shall be a moisture barrier between the coated aluminum drip-edge and concrete which shall be along the bottom edge of the metal.

13. Replace existing fascia and rakes with a ¾” PVC smooth side out to match original material dimensions. Plan work so that newly cut edges will butt against siding, soffits, or other trim, and let the smooth factory edge show wherever possible. Select stainless steel fastener lengths that will penetrate at least 1-1/2” in. Place fasteners every 16 inches at both sides of the trim, spacing them about ½” from the edges. Ten-inch or wider trim, add another fastener in the middle. Follow all the flashing techniques to prevent water from penetrating between the PVC trim boards and the wall sheathing behind. In addition, splice long pieces of PVC trim with “scarf joints”, that is, overlapping 45-degree joints. For temperatures higher than 80 degrees F, cut pieces to fit tightly. Sixty to eighty degrees, leave a 1/16-inch gap for every 18 feet of length. Below 60 degrees, leave a 1/8-inch gap.

After installation, cover the gap with acrylic or urethane caulk. Avoid silicone-based caulks as they do not adhere well to vinyl.

14. Contractor shall remove T-111 and replace with ½” CDX plywood then cover with Tyvek wrap and Smart Siding or Hardie board siding. Coordinate wall and roof sheathing installation with flashing and joint-sealant installation so these materials are installed in sequence and manner that prevent exterior moisture from passing through completed assembly. Add blocking to the vertical junction of the entrance section of the dome roof, sheet with ½” CDX plywood, siding color, and style to be determined by the Facility Manager.

15. For ALL locations, any signage removed to complete the work, must be re-installed at the completion of the project.

B. LIMITATIONS OF OPERATIONS:

1. Contractors are limited to performing work Monday through Friday, between the hours of 7:00 a.m. and 3:30 p.m. each day.

2. Access to the work site will not be available on Holidays observed by the Commonwealth of Virginia.

C. ESTIMATED QUANTITIES:

Below are approximate square footage totals of roof. Contractors shall be responsible for verifying calculations for their own bid accuracies:

a. Pine Chapel AHQ – 10,624 Square Feet = 106.24 Sq. Slope 4/12 – Building # 5946429

b. Pine Chapel Equipment Shop – 12,488 Square Feet = 12,488 Square Feet = 125 Sq. – Building # 5946430

c. Pine Chapel Gas House – 350 Square Feet = 35 Sq. – Building # 5946421

d. Windsor Chemical Dome – 7,300 Square Feet = 73 Sq. – Building # 5330146

e. Skiffs Creek AHQ Chemical Dome – 7,300 Square Feet = 73 Sq. – Building # 5305246

f. Franklin AHQ – 2,200 Square Feet = 22 Sq. – Building # 5310129

g. Williamsburg Chemical Dome – 7,300 Square Feet = 73 Sq. – Building # 5350046

D. ROOF SHEATHING:

1. Plywood roof sheathing shall be manufactured in accordance with U.S. Product Standard PS-1 and shall be Exposure 1, APA Rated Sheathing or better. Nail sheathing to framing members utilizing 10d nails at 6” o/c at each end supporting member, and 8 d nails at 6” o/c at each intermediate support. Use full 4’ x 8’ plywood sheets wherever possible.

2. Exposure Durabilty Classification is EXTERIOR.

3. Span Rating: As required to suit the wood truss spacing.

4. Do not use materials with defects that impair quality of sheathing or pieces that are too small to use with minimum number of joints or optimum joint arrangement. Arrange joints so that pieces do not span between fewer than three (3) support members.

5. Fasteners: 10d and 8d hot dipped zinc coated nails.

6. Comply with applicable recommendations contained in APA Form No. E30, “APA Design/Construction Guide:

Residential and Commercial” for type of sheathing and application indicated.

E. ROOFING SHINGLES, UNDERLAYMENT AND RIDGE VENT:

1. Shingles shall be Self Sealing; UL Rating of A and Wind Resistance Label, glass fiber at base, mineral granule surface type; architectural; similar to GAF Timberline ArmorShield II with a 50+ year warranty, equal or better.

Manufacturer’s catalog data shall be submitted to VDOT for review and approval. Shingles must be rated for a 115-mph wind zone and be installed with six (6) nails per shingle, according to the manufacturer’s instructions, to validate the warranty.

2. Color of shingles to be chosen by VDOT PRIOR to installation. A color sample shall be submitted to VDOT for approval.

3. Underlayment shall conform to ASTM D 226 Type I or ASTM D 4869 Type I and be a minimum of 15 lb., unperforated asphalt saturated felts, asbestos free, as recommended for use in waterproofing and in construction of shingled roofs.

4. Roofing nails shall be aluminum or hot-dip galvanized steel, 0.120-inch (3 mm) diameter barbed shank, sharp-pointed, conventional roofing nails with a minimum 3/8-inch (9.5 mm) diameter head and of sufficient length to penetrate ¾” (19 mm) into solid decking or at least 1/8 (3 mm) through plywood sheathing.

5. Where nails are in contact with flashing, prevent galvanic action by providing nails made from the same metal as that of the flashing.

6. Ridge vent shall be similar to the Cobra 3 or an approved equal or better and shall be installed the entire length of the ridge according to manufacturer’s instructions. Roof sheathing shall be cut to accommodate ridge vent installation according to manufacturer’s instructions.

F. REMOVAL AND INSTALLATION:

1. Any damage to existing roof sheathing resulting from the Contractor’s operations, and not due to pre-existing conditions (water damage, etc.), will be corrected by the Contractor by replacing the damaged sheathing panel in its entirety at no cost to VDOT.

2. Remove deteriorated sheathing and replace with new sheathing of like dimension, meeting specified material specifications. Dormers on the domes shall be reconstructed new to existing design.

3. Remove existing fascia, soffits, rakes, siding and gables. Trim shall be installed in lengths to create as few joints as possible.

4. Install underlayment in accordance with manufacturer’s instructions.

5. Install shingles and related materials to the roofing in accordance with manufacturer’s instructions.

6. Project first course of shingles ¾ inch beyond eave drip flashing.

7. Extend shingles 1-inch beyond face of gable edge drip flashing.

8. Install ridge vent in accordance with manufacturer’s instructions.

9. Cap ridges with individual pre-manufactured ride cap shingles maintaining 5-inch weather exposure. Lace to avoid exposed nails.

10. Complete installation to provide weather tight service.

11. Do no permit traffic over finished surface.

12. Exterior wood surfaces shall be prepped, primed and painted with two (2) surface coats of paint per manufacturer’s recommendation.

13. Colors and styles shall be determined by VDOT.

14. Clean up work site. Contractor shall remove and dispose of construction debris at approved locations in accordance with all local, state and federal regulations. Debris removal shall include old roofing materials.

G. EXTRA MATERIALS:

1. Provide one (1) bundle of extra shingles of the same type used to re-roof the building for future repair needs.

H. WARRANTIES:

1. The Contractor shall guarantee the materials and workmanship associated with the roofing, flashings, and sheet metal work incidental to the re-roofing project against defects due to faulty materials or workmanship for a period of two (2) years from the date of acceptance by VDOT.

2. The Contractor shall furnish, as a minimum, manufacturer's warranty/guarantee.

I. GENERAL NOTES:

1. Addresses for the work locations can be found on Attachment A.

2. An inspection to identify asbestos-containing material has been conducted and can be found as part of the Project

Specifications. No asbestos materials were identified by this report. Should the Contractor access any materials suspected of containing asbestos not identified by this report, Contractor shall stop work in the immediate area and notify VDOT.

3. An inspection to identify lead coated building components has been conducted and can be found as part of the

Project Specifications.

J. 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. Contractor and Subcontractor personnel, shall at all times, communicate with the traveling public, landowners and citizens throughout the area 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/ 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 the 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. Communication: The Contactor’s Supervision Representative an at least one (1) crew member 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 crew member shall be capable of communicating instructions to the other crew members. The English used by this person must be understood by VDOT personnel.

6. 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.

K. 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 approval from the CA.

2. Work Hours: All work shall be performed Monday through Friday between the hours of 7:00 a.m. and 3:30 p.m., excluding observed Virginia state holidays, during daylight hours and weather conditions permitting, unless otherwise approved by the CA.

3. Debris: All debris generated in the performance of this contract is the responsibility of the Contractor and shall be removed from the right-of-way each day and properly disposed of by the Contractor. Removal and disposal costs shall be included in the bid prices.

4. COORDINATION AND NOTIFICATION OF WORK:

a. Department Responsibilities:

1. Work shall commence only upon issuance of a Purchase Order (PO) from VDOT.

2. Upon completion of work by the Contractor, the Department will inspect and send confirmation of validation email of completed work within five (5) business days of notification from the Contractor. In the event the Department determines that work is unfinished, or not in compliance with the stated Scope of Work, the Department will identify such work to the Contractor (via fax or email) and the Contractor shall rework or complete as required.

L. SAFETY REQUIREMENTS:

1. Safety Standards, Rules and Regulations: The Contractor shall ensure all personnel and equipment comply with all OSHA and VOSH standards as they apply to the work being done 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 equipment containing roll over protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to Special Term and Condition No. 34 for Safety and Health Standards.

2. Protection of Persons and Property: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor’s operation in connection with the work by ensuring all work/job areas are to be maintained clean and free from safety hazards. The Contractor shall adequately protect adjacent property to prevent any damage to or loss of use and enjoyment by its owners.

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 ion the public’s best interest.

4. Commercial Driver’s License: When required by the equipment being operated, the operator of each piece of equipment shall possess a valid Commercial Driver’s License with the proper endorsements.

M. SUBMITTALS:

1. Valid Certificate of Liability Insurance, naming VDOT as an additional insured (see General Term and Condition

Paragraph T) within ten (10) calendar days of issuance of Notice of Intent.

2. Copy of Contractor’s DPOR Class A License with Bid Submittal.

3. Notice acknowledging completion of Security requirements (see Special Term and Condition Paragraph 36).

4. Fall Protection Plan (upon request by Contract Administrator).

V. PRE-BID TELECONFERENCE:

MANDATORY PRE-BID TELECONFERENCE:

A mandatory pre-bid teleconference will be hosted by the Contract Officer at 10:00 AM EST on AUGUST 21, 2023. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at this teleconference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this pre-bid conference. No one will be admitted after 10:05 AM EST.

If you plan to participate in the Mandatory pre-bid teleconference you must provide the following information via email to Marlene.Carter@vdot.virginia.gov no later than 5:00 PM EST on the business day prior to the scheduled conference.

• Solicitation Number and Title

• Company Name and Address

• Representative Name, Phone Number, Email Address.

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

Participants will be requested to provide their names, company and contact information during the roll call. Participants who did not provide their information in advance will be requested to provide their name, company and contact information during the roll call. Bids will only be accepted from those Bidders who are represented and make their participation known to the Contract Officer during the teleconference roll call but no later than 10:05 AM EST.

Microsoft Teams Virtual Meeting. This meeting may be recorded.

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 273 730 248 652 Passcode: tafRPg Download Teams | Join on the web Or call in (audio only) +1 434-230-0065,,461100881# United States, Lynchburg Phone Conference ID: 461 100 881#

SITE VISITS WILL BE HELD ON AUGUST 25, 2023 AND SEPTEMBER 1, 2023 @ 10:00 A.M. SPECIFIC

LOCATIONS WILL BE SCHEDULED DURING THE PRE-BID CONFERENCE.

VI. METHOD FOR PAYMENT:

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

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692- 0473 or via email at: edi@doa.virginia.gov

VII. INVOICING:

Invoices may be submitted monthly 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 Foreman on an agreeable format.

Virginia Department of Transportation Hampton Roads District Facilities

7511 Burbage Drive Suffolk, VA 23435

In lieu of mailing, invoices may be submitted as an attachment via email to hamprdsfacilitiesinvoices@vdot.virginia.gov

VIII. BIDDER’S INSTRUCTIONS and PUBLIC BID OPENING

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGRjNTNmMWUtZDdmOS00NjhiLWE1MWUtNWEzNjQ5ZmEyMDcx%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22443134f0-cd4b-42db-aa7c-3e3231242278%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,461100881 mailto:edi@doa.virginia.gov mailto:hamprdsfacilitiesinvoices@vdot.virginia.gov https://eva.virginia.gov/index.html in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

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

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

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

https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

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

A public bid opening via teleconference will be hosted by a VDOT representative at 9:00 AM EST on SEPTEMBER 13, 2023. The conference can be accessed with the below dial-in information:

Microsoft Teams Virtual Meeting. This meeting may be recorded.

Join the virtual meeting on your computer, mobile app or room device Click here to join the meeting Meeting ID: 254 406 897 64

Passcode: EcqJPP Download Teams | Join on the web Or call in (audio only) +1 434-230-0065,,615401228# United States, Lynchburg Phone Conference ID: 615 401 228#

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

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

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

IX. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDNlN2EwNDgtZTlhZi00ZmY1LTkzYTUtYmYzNzI4YTNhYjIz%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22443134f0-cd4b-42db-aa7c-3e3231242278%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,615401228

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.

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.

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

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.

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.

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

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.

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…