Invitation For Bid # Fencing Repair & Removal Lebanon Residency Bristol District

Transcription

1 Invitation For Bid # Fencing Repair & Removal Lebanon Residency Bristol District Closing Date and Opening Time 2:00PM PRE- BIDDERS CONFERENCE: NON-MANDATORY pre-bid conference via video will be held at 11:00 A.M, on June 06, 2007, at Lebanon Residency Office located at on Route 71 in Lebanon, VA and at VDOT Central Office contact Contract Office conference room for location. The purpose of this conference is to allow potential Bidders the opportunity to present questions and obtain clarification relative to any facet of this Invitation for Bids. Contract Officer Cary B. Stickel /VCO Phone Fax Cary.Stickel@VDOT.Virginia.gov Administrative Services 1201 E. Broad St Richmond, VA Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

2 TABLE OF CONTENTS IFB Instructions to Bidders and Signature Sheet...01 Pricing Schedule Purpose.09 Specifications Method of Payment.. 13 Invoicing.. 19 Special Terms and Conditions New Requirement *Small Business Subcontracting Plan see page 17 paragraph 21 Questions Concerning the Bid (VDOT Contacts) 09 Pre-Bid Conference..13 General Terms and Conditions Attachments: Attachment A Vendor Qualification Form Attachment B *Small Business Subcontracting Plan Forms A, B, & C Read Pages Attachment C Reference Listing

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11 9 I. PURPOSE: The Virginia Department of Transportation (herein referred to as ( VDOT ) is soliciting bids from interested firms to provide all labor, supervision, fence materials, and equipment necessary to repair, and/or remove of existing fence and for the installation of new short length fence in various locations for the Virginia Department of Transportation, Bristol District, Lebanon Residency. QUESTIONS REGARDING THIS INVITATION FOR BID: Any questions regarding this invitation for bid shall be addressed to Mr. Cary Stickel at (804) The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. II. GENERAL: For the purpose of clarification, each firm receiving this Invitation for 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 Request for Quotes 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. III. DEFINITIONS: Existing Already in place at any location. New Remove existing and install new or no fence present. Short Length No more than 600 LFT. As Needed At the location, per the direction of the Department and in accordance with all current specifications and standards. Unplanned not within the Virginia Transportation Development Plan. IV. SPECIFICATIONS / CONTRACT REQUIREMENTS: A. Contractor shall repair, and/or remove fences and install new (unplanned) short length fence at various locations throughout Russell and Buchanan Counties on an AS NEEDED basis. Prices bid shall include all costs for labor, materials, site preparation, disposal of surplus materials and all necessary incidentals. This will include the use of cellular phones and hand held radios used by the Contractor to conduct business. The Contractor shall provide all labor, equipment, tools, parts, and materials necessary to perform all work with experienced operators and craftsmen. Contractor shall be responsible for all engineering and all material orders to ensure proper dimensions and lengths. Trees, brush, stumps, logs, and other debris which will interfere with the construction, repair and/or replacement of fence and appurtenances shall be removed and disposed of off State right-of-way or as directed by the Contract Administrator. This may not be necessary on each job. On projects where it is necessary, the invoice will reflect the price for materials and the price for removal of existing fence and clearing of right-of-way. The type of permanent fence to be installed will be woven wire (FE-W1) and wood post. Because of the nature of the soil conditions in the counties of Russell and Buchanan there will be instances where the Contractor will not be capable of installing wood post for permanent fencing at which time the contractor shall contact the Contract Administrator for approval to use metal post and brace units. The use of metal post and braces will be at VDOT s discretion.

12 10 B. REQUIREMENTS WHICH THE CONTRACTOR SHALL COMPLY WITH: 1. Contractor s equipment shall meet OSHA and VOSHA Standards which include vehicular backup alarms and flashing lights and meet all DMV regulations. A VDOT Representative may inspect equipment. 2. Contractor shall provide experienced operators to ensure the safe and effective operation of the equipment utilized to complete work. 3. Contractor shall furnish and erect traffic control signs and stands when necessary in accordance with the Virginia Work Area Protection Manual, latest edition. 4. All materials, installation, and workmanship shall be done in accordance with Road and Bridge Specifications, latest edition, Road and Bridge Standards, Volume I, latest edition, and Virginia Work Area Protection Manual, latest edition. 5. All post and braces for permanent fencing shall be wood unless the conditions of the soil does not allow for installation of wood post, at which time, the contractor, with approval of the Contract Administrator, will be allow to use metal post and braces. 6. All woven wire used for fencing shall be FE-W1 and shall meet the specifications of the current Road and Bridge Specifications latest edition. C. DISPOSAL: The Contractor shall be responsible for the removal and disposal of all debris resulting from the performance of this contract. All debris generated by the Contractor shall be removed from the work site and disposed of at the end of each workday. Old fence wire, posts, stumps, logs, and other debris interfering with the installation of the new fencing will NOT be salvaged, but shall be removed and disposed of at an approved site at the Contractor s expense. The Contractor will be permitted to spread mulched or chipped material in the areas designated by the Engineer. D. AUTHORIZED WORK HOURS: Work will be assigned on an as-needed basis, as determined by the VDOT Representative. Contractor shall report to the work site within 48 hours after notification, unless otherwise mutually agreed to. All work performed under this contract shall be performed Monday through Friday, excluding major holidays, during daylight hours, weather conditions permitting. Lunch periods are excluded from payment. Saturday work may be performed if approved in advance by the VDOT representative. Work will not be performed any state or federal holidays. If holidays occur on a Sunday, the following Monday shall be considered the holiday. Work will not be permitted from 12:00 noon the day before a holiday and will not be permitted again until the day after a holiday. When a holiday falls on a Monday, work will not be permitted after 12:00 noon the preceding Friday and when a holiday falls on a Friday, work will not be permitted until the following Monday, unless otherwise approved by the Contract Administrator. E. MISS UTILITY : The Contractor shall contact Miss Utility to locate all underground utilities including those installed by VDOT prior to performing work. There may be some instances when contractor will be unable to locate all utilities using due diligence and underground locating equipment such as the ditch witch brand utility locator and signal sensors. When this occurs it shall be the contractor s responsibility to locate utilities before excavating. By means of digging by hand or request special approval from Contract Administrator to use a sub contractor for this function.

13 11 F. TRAFFIC CONTROL: 1. The Contractor shall be responsible for furnishing all signs, sign stands, flags, cones, arrow panels, and other items necessary for traffic control. 2. The Contractor shall use the current Virginia Work Area Protection Manual, to determine the correct Traffic Control measures needed for the type of roadway on which repairs are being performed. The Contractor will be responsible for obtaining subsequent revisions of the Manual and for implementing any revised traffic control measures during each term of the contract. 3. VDOT s Engineer or designee will suspend operations at the contractor s expense if incorrect traffic control measures are set up. The Contractor will be required to cease all operations and remove the lane and/or shoulder closures. Contractor shall then submit a hand-drawn sketch of the proposed revised traffic control plan to the on-site VDOT contract manager for approval. The Contractor shall not resume operations until the corrected Traffic Control measures are fully implemented. If the Contractor has questions, he/she shall immediately contact the call the VDOT contract or project manager for clarification. In the event of a dispute, the VDOT representative can contact the District Work Zone Safety Coordinator for resolution. The Work Zone Safety Coordinator shall have the final decision. G. GENERAL DEFINITIONS: The replacement and repairs of existing fencing and appurtenances shall consist of using materials of the same type found at each location unless otherwise approved or directed by the Engineer. Construction methods shall conform to the current VDOT Road and Bridge Specifications Section and Section 507 or as approved by the Engineer. FENCE WIRE (FE-W1) INSTALLATION: shall consist of furnishing wire and all necessary incidentals for erecting fence in accordance with the current Road and Bridge Standards or as directed by the Engineer. PLACEMENT OF LINE POST (WOOD): Shall incorporate the placement of posts in accordance with the current Road and Bridge Standards. PLACEMENT OF LINE POST (METAL): Shall incorporate the placement of metal posts in accordance with the current Road and Bridge Standards. PLACEMENT OF CORNER POST BRACE (WOOD) shall incorporate the placement of posts, corner braces inclusive of diagonal brace wires. The Contractor shall install the post and brace in accordance with the current Road and Bridge Standards for corner brace units and all hardware and incidentals necessary to complete the work. PLACEMENT OF CORNER POST BRACE (METAL) shall incorporate the placement of posts, corner braces inclusive of diagonal brace wires. The Contractor shall install the post and brace in accordance with the current Road and Bridge Standards for corner brace units and all hardware and incidentals necessary to complete the work. PLACEMENT OF LINE POST BRACE (WOOD) shall incorporate the placement of posts, line braces inclusive of diagonal brace wires. The Contractor shall install the post and brace in accordance with the current Road and Bridge Standards for line brace units and all hardware and incidentals necessary to complete the work. PLACEMENT OF LINE POST BRACE (METAL) shall incorporate the placement of posts, line braces inclusive of diagonal brace wires. The Contractor shall install the post and brace in accordance with the current Road and Bridge Standards for line brace units and all hardware and incidentals necessary to complete the work.

14 12 REALIGN AND ADJUST EXISTING FENCE (FE-W1) shall consist of the realigning and re-compacting of posts and braces; the stretching and securing of the fencing fabric, barbed wire, and all hardware and incidentals necessary to complete the work. REPLACEMENT OF POST and BRACE (wood or metal) shall incorporate the removal and replacement of existing posts and braces, inclusive of diagonal brace wires found in existing line brace, or corner brace units which are determined by the Engineer to be in need of replacement. When required the Contractor shall remove existing concrete footings and /or concrete blocks. The Contractor shall install the post and brace in accordance with the current Road and Bridge Standards for line or corner brace units and all hardware and incidentals necessary to complete the work. REMOVAL OF EXISTING FENCING & CLEARING: Remove Existing Fence will be performed in accordance with section 510 of the specifications. Trees, brush, stumps, logs, and other debris which will interfere with the replacement of fence and appurtenances shall be removed and disposed of by the contractor and shall be disposed of at an approved site.. The contractor will also be responsible for grading and seeding areas were fence was removed and not replaced. Remove Existing Fence will be measured and paid for in accordance with section 510 of the specifications. GATE INSTALLATION: Shall consist of furnishing and installing required tubular farm gate and all necessary hardware in accordance with the current Road and Bridge Standards. BARBED WIRE: Shall consist of furnishing and installing required barbed wire and all necessary hardware in accordance with the current Road and Bridge Standards. TEMPORARY FENCE: Shall consist of 3 strands of barbed wire attached to a suitable TEE post on 12 centers. Price per linear foot shall include all materials and labor. Temporary fence removal will be on a per foot basis and contractor will take possession of materials at completion of removal. HIGH TENSILE FENCE: Shall be 12 ½ gauge 200,000 PSI Class III Zinc coating and include springs and adjusters. When installing electrified strands insulators will be required. The contractor shall install all necessary incidentals including ground. The landowner will be responsible for providing electrical service. H. SAFETY REQUIREMENTS: 1. SAFETY STANDARDS, RULES AND REGULATIONS: The Contractor shall ensure that all personnel and equipment comply with all OSHA and VOSH Standards and VDOT safety rules and regulations 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 that contains a roll over protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to General Terms and Conditions section #36 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 area are to maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT s property from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners. 3. AUTHORITY TO SUSPEND WORK: During the execution of the work, the VDOT Contract Administrator 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 he may deem necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in the public s interest.

15 13 4. SAFETY EQUIPMENT: The Contractor shall also provide and ensure that all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment, shall include, but is not limited to, safety hats, vests, steel toe shoes, gloves, glasses, etc. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract. I. MANNER OF CONDUCTING WORK AT THE JOB SITE: 1. SATISFACTION: All work shall be performed according to VDOT specifications and completed to the satisfaction of the VDOT Contract Administrator. 2. COMMUNICATION: Each crew shall have at least one crewmember that communicates in English (both orally and in writing) and comprehends the English language. This crewmember shall communicate instructions to other crewmembers or coordinate this communication. The English used by this person must be understood by VDOT personnel. Additionally, any crewmember that is used as a flagger shall speak only English while performing this duty as required by the Virginia Work Area Protection Manual. 3. CONTRACTOR S CONDUCT: The Contractor shall be responsible for the conduct of all personnel while at the work site. 4. CONTRACTOR S PERSONNEL: The Contractor s personnel shall at all time serve the traveling public, landowners and citizens throughout the Bristol 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. 5. BEHAVIOR: Behaviors displayed by contractor s employees, such as catcalling, whistling, leering, and other similar gestures will not be tolerated. Anyone exhibiting such behavior will be barred from the work site permanently. Repeated incidents may be grounds for termination of the purchase order at the discretion of VDOT. 6. APPEARANCE: Any person working under this contract shall be neat in appearance at all times. Proper dress shall include long pants (slacks) and shirts or blouses with sleeves (short or long and buttoned if required). Clothing should be appropriate for weather conditions. 7. SIGNS OR ADVERTISEMENTS: No signs or advertisements shall be posted on VDOT s property without prior written approval by the Contract Administrator. III. PRE-BID CONFERENCE: NON-MANDATORY pre-bid conference via video will be held at 11:00 A.M, on June 06, 2007, at Lebanon Residency Office located at on Route 71 in Lebanon, VA and at VDOT Central Office contact Contract Officer for conference room location. The purpose of this conference is to allow potential Bidders the opportunity to present questions and obtain clarification relative to any facet of this Invitation for Bids. While attendance at this conference will not be a prerequisite to submitting a bid, bidders who intend to submit a bid are encouraged to attend. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the Invitation for Bids. METHOD OF ORDERING: Response time to work shall be with 48 hours after notification from the VDOT Representative. Work will be requested by issuance of a purchase order.

16 14 IV. METHOD FOR PAYMENT BID LINE ITEMS: Contractor will be paid for ACTUAL QUANTITIES OF FENCING MATERIALS COMPLETED-IN-PLACE. All fencing fabric will be measured in linear feet of fence material, complete-in-place, along the top of the fence from outside to outside of end post for each continuous run of fence and will be paid for at the contract unit price per linear foot of fence fabric. Line post either wood or metal, line or corner braces either wood or metal, will be measured in units and will be paid for at the contract unit price per each. All temporary fencing shall be measured in linear feet of fence and post in place. All gate installation shall be measured and units of each for complete installation V. INVOICING / PAYMENT: Invoices may be submitted on the 1st and the 15th of the month. Invoices shall include the contract number, purchase order, 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 daily by a VDOT Representative and Contractor Foreman on a form provided by VDOT. 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. Virginia Department of Transportation Lebanon Residency PO Box 127 Lebanon, VA SPECIAL TERMS AND CONDITIONS 1. PERFORMANCE BOND REQUIREMENTS: A performance bond will not be required for this solicitation.. 2. BID SUBMISSION - INSTRUCTIONS: The following documents must be received in our office no later than the closing date and time stated below: Instructions to Bidders and Signature Sheet (page 1) signed in ink Completed Bid Pricing Schedule (page(s) Completed Vendor Qualification / Equipment Certification Attachment A Completed Small Business Subcontracting Plan Forms A, B, & C as appropriate Attachment B The IFB/RFQ number and closing date must be clearly marked on the outside of the envelope. This solicitation will close on June 18, 2007 at 2:00pm. Bids will be opened on June 18, 2007 at 2:00pm. Return the bid to: Mail To: or Hand Delivery (FEDX, UPS, etc) Virginia Department of Transportation Virginia Department of Transportation Administrative Services (Bid Tab) Administrative Services (Bid Tab) 1401 E Broad St E Broad St. Richmond VA, Richmond VA,

17 15 3. RECEIPT OF BIDS / LATE BIDS/ PROPOSALS: It is the Bidder/Offeror s responsibility to insure that his/her bid is received prior to or at the specific time and the place designated in the solicitation. Bids or proposals received after the date and time specified for receipt shall not be considered. Bids not received at the time and place designated, (1201 E. Broad Street, 1 st Floor, Administrative Services, Bid Tab) even if they are received at other VDOT offices/locations will be considered late. Please note that 1401 E. Broad Street is the mailing address only. Bids will be opened at the time and place stated in the advertisement, and their contents made public for the information of bidders and others interested who may be present either in person or by representative. The VDOT personnel whose duty it is to open the bids, will decide when the specified time has arrived. No responsibility will be attached to any VDOT personnel for the premature opening of a bid or proposal not properly addressed and identified on the out side of a sealed envelope. The provisions of of the Code of Virginia, as amended shall be applicable to the inspection of bids received. 4. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for sixty (60) days. At the end of the (60) days, the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled. 5. BID PRICES: Bids shall be in the form of a firm unit price for each item during the contract period. 6. AWARD OF CONTRACT: Award will be made on the Grand Total offered by the lowest responsive and responsible bidder (s) meeting the requirements of the solicitation. Unit prices and extensions shall be shown for each line item $0.00 will not be accepted. If the unit prices in the bid include both a significantly high and low price that is advantageous to the bidder as determined by the Department based on the estimated cost, the bid may be rejected as a non-responsive at VDOT discretion. VDOT reserves the right to conduct any tests it may deem advisable and to make all evaluations. VDOT 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. 7. AWARD TO OTHER THAN THE LOWEST PRICED BIDDER(S): An award(s) will be made to the lowest responsive and responsible bidder(s) however; the award may be made to a reasonably priced minority or woman-owned bidder(s) that is other than the lowest priced bidder(s). Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The right is reserved to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the Commonwealth. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award. 8. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over $50,000, as a result of this solicitation, a public notice will be posted on the DGS/DPS eva web site ( for a minimum of 10 days. 9. TERM OF CONTRACT: The initial term or period of the contract shall be for a one year (12 months) period with the effective date to be determined at time of award.

18 RENEWAL OF CONTRACT: This contract may be renewed by VDOT for two (2) additional successive one-year periods, under the same terms and conditions of the original contract except as stated in B. below. Price increases may be negotiated only at the time of renewal. The Contractor shall convey, in writing, it s offer to renew the contract or increase/decrease prices to the Contract Administrator or Purchasing Officer no later than 60 days prior to the expiration of each contract period. Requests for price increases shall be substantiated in writing with detailed justification. VDOT shall have sole discretion in its decision to renew the contract or allow price increase/decrease. A. Prices shall remain fixed during the original term of the contract period. Price increases will only be considered at time of renewal as stated above. B. If VDOT elects to exercise the option to renew the contract, prices may be increased/decreased by no more than the percentage increase/decrease of the Other Services Category of the CPI-W section, Table 4 of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available. 11. TERMINATION OF CONTRACT: If the Contractor fails to provide quality goods or services in a professional manner and in accordance with applicable laws, regulations or bid provisions, solely as determined by VDOT and, upon receipt of notice from VDOT does not correct the deficiency within a reasonable period of time (not to exceed seven (7) calendar days unless otherwise agreed to by VDOT), VDOT reserves the right to terminate the contract by giving written notice to the Contractor. Upon termination VDOT may procure the services from another contractor in accordance with the terms of Paragraph 20, General Terms and Conditions. 12. PROSECUTION OF WORK: During the prosecution of work, the VDOT Representative will have the authority to suspend the work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workmen or the general public; for failure to carry out orders; for such periods, as he may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of the work for any other condition or reason deemed to be in the public interest. 13. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract and all approved subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees. 14. 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. 15. VEHICLE REQUIREMENTS: All contractor vehicles shall have a current inspection and registration from that State where the vehicle is registered and must be properly insured in accordance with that State's requirements. Contractor's equipment and operators shall be in compliance with all applicable DMV and State and Federal regulations regarding the conditions and operations of the requested vehicles. The name of the company will be displayed on both sides of all work vehicles while on State right of way. The contractor shall be responsible for having secured all equipment and materials on their vehicles when in transit to and returning from a work assignment. 16. ESTIMATED QUANTITIES: Estimated quantities provided within are reflective of past usage and proposed usage only. 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 eliminated and by

19 17 signing this bid/offer, the bidder/offeror agrees that no claims for contractor costs or damages will be allowed for a decrease or elimination of the estimated quantities. 17. MINORS ON THE WORK SITE: No minors (under 18 years of age) will be allowed on the VDOT work site(s) on which this contract will be performed except those employed by the Contractor as allowed by the Child Labor Laws of the United States and the Child Labor Laws of the Commonwealth of Virginia. 18. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the Commonwealth s satisfaction at the contractor s expense. 19. DAMAGE CLAIMS: The Contractor shall be responsible for resolution of any and all claims. Claims made to VDOT as a result of this work will be referred to the Contractor for handling. Failure to properly respond to and resolve property claims constitutes unsatisfactory performance and may result in cancellation of the contract. 20. eva Business-To-Government Contracts and Orders: The solicitation/contract will result in estimated four (4) purchase order(s) per year with the eva transaction fee specified below assessed for each order. a. For orders issued prior to July 1, 2006, the Vendor Transaction Fee is 1%, capped at a maximum of $500 per order. b. For orders issued August 16, 2006 and after, the Vendor Transaction Fee is: (i) DMBE-certified Small Business: 1%, capped at $500 per order. (ii) Businesses that are not DMBE-certified Small Business: 1% capped at $1500 per order. The eva transaction fee will be assessed approximately 30 days after each purchase order is issued. Any adjustments (increases/decreases) will be handled through eva change orders. Internet electronic procurement solution, web site portal streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to conduct business with state agencies and public bodies. Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eva Internet c- 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 Contractors should Catalog or Index Page information to eva-catalog-manager~dgs.virginia.gov. a. Enterprise Resource Planning Systems (ERP) Orders. Any ERP order provided to vendors, in lieu of or in advance of a corresponding eva order, shall include the following standard eva order term and condition. Standard eva Order Term and Condition: This order is governed in all respects by the laws of the Commonwealth of Virginia, including the Virginia Public Procurement Act, the Commonwealth of Virginia Agency Procurement and Surplus Property Manual, and the Commonwealth of Virginia Vendors Manual copies of which are available at The stated price(s) include shipping FOB destination unless otherwise stated in the body of the order. In

20 18 addition, this order is subject to an eva transaction fee in accordance with the eva Fee Schedule a copy of which is available at This fee will be invoiced to your company, approximately 30 days after the order issue date specified above, by the Commonwealth of Virginia, Department of General Services. Any modification to these terms must be agreed to in writing by both parties prior to performance of this order. 21. SMALL BUSINESS SUBCONTRACTING PLAN: The Commonwealth of Virginia has a commitment to maximizing the participation of its citizens in the vast array of commercial opportunities in state procurement. All state agencies are required to monitor the use of Virginia Department of Minority Business Enterprise (DMBE) certified small business participation in its procurement process. All potential bidders are required to complete Section A, B, or C of the Small Business Subcontracting Plan (Attachment B) to ensure DMBE certified small business participation. Failure to complete Section A, B or C shall result in your bid being declared non-responsive. A Bidder s response of not applicable, none or N/A in Section C of the Small Business Subcontracting Plan will result in the bid being declared non-responsive if the Bidder is not a DMBE-certified small business and does not plan to subcontract part of the work to a DMBEcertified small business. If your company is interested in becoming certified through DMBE, confirming certification status of a firm or identifying DMBE certified small businesses, please contact the DMBE certification office at or by visiting SMALL BUSINESS SUBCONTRACTING REPORTING AND EVIDENCE OF COMPLIANCE: Each vendor awarded a contract shall deliver to the contract administrator a completed SMALL BUSINESS SUBCONTRACTING REPORT (copy to be provided by VDOT) with each payment invoice unless instructed otherwise. When such business has been subcontracted the contractor agrees to furnish the contracting agency at a minimum the information as it appears on the form. This report should reflect dollars paid to all Virginia DMBE certified small businesses for the duration of each contract. Failure on behalf of the prime contractor to comply may result but is not limited to non-payment by the department. Payment(s) may be withheld until the vendor is deemed compliant by the contracting agency. VDOT reserves the right to request additional supportive documentation as evidence of subcontracting activities. 23. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for seventy thousand dollars ($70,000) or more, or if the total value of all such contracts undertaken by bidder/offeror within any 12-month period is five hundred thousand dollars ($500,000) or more, the bidder/offeror is required under Title , Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a CLASS A CONTRACTOR. If such a contract is for seventy-five hundred dollars ($7,500) or more but less than seventy thousand dollars ($70,000), (one thousand dollars [$1,000] for electrical, plumbing and HVAC work) the bidder is required to be licensed as a CLASS B CONTRACTOR. If such a contract is for one-thousand dollars ($1,000) or more but less than seventy-five hundred dollars ($7,500) and is not for electrical, plumbing and HVAC work, the bidder is required to be licensed as a CLASS C CONTRACTOR. The bidder/offeror shall place on the outside of the envelope containing the bid/proposal and shall place in the bid/proposal over his signature whichever of the following notations is appropriate, inserting his contractor license number: Licensed Class A Virginia Contractor No. Specialty Licensed Class B Virginia Contractor No. Specialty Licensed Class C Virginia Contractor No. Specialty

21 19 If the bidder/offeror shall fail to provide this information on his bid/proposal or on the envelope containing the bid/proposal and shall fail to promptly provide said contractor license number to the Commonwealth in writing when requested to do so before or after the opening of bids/proposals, he shall be deemed to be in violation of of the Code of Virginia (1950), as amended, and his bid/proposal will not be considered. If a bidder/offeror shall fail to obtain the required license prior to submission of his bid/proposal, the bid/proposal shall not be considered. 24. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I certify that this firm/individual and subcontractor is properly licensed for providing the goods/services specified. Contractor Name: Subcontractor Name: License # Type

22 20 VIRGINIA DEPARTMENT OF TRANSPORTATION ADMINISTRATIVE SERVICES DIVISION GENERAL TERMS AND CONDITIONS 1. VENDOR'S MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is normally available for review at the purchasing office and in addition, a copy can be obtained by calling the Division of Purchases and Supply (804) CONTRACTUAL DISPUTES: Contractual claims arising after final payment shall be governed by Section A of the Code of Virginia. This claim shall be submitted to the Commissioner of VDOT who will render a decision within 30 days. Contractual disputes arising during the course of performance shall be submitted to the Administrative Services Administrator who will make a decision in 30 working days, which will be final. Vendors will not be precluded from filing a claim at the conclusion of performance as a result of the decision made during the course of contract performance. 3. APPLICABLE LAW AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with applicable Federal, State and local laws, rules and regulations. 4. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (Bidders/Offerors) 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 of the Virginia Public Procurement Act. 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 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, E). In every contract over $10,000 the provisions in (A) and (B) below apply: (A) During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona-fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. 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. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. (B) The Contractor will include the provisions of (A) above in every sub-contract or purchase order over $10,000 so that the provisions will be binding upon each Sub-Contractor or Vendor. 5. ETHICS IN PUBLIC CONTRACTING: By submitting their bids or proposals, Bidders or Offerors certify their bids or proposals are made without collusion or fraud and they have not offered or received any kickbacks or inducements from any other Bidder or Offeror, supplier, manufacturer or Sub-Contractor in connection with their bid or proposal, and 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.

23 21 6. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By signing their bids or proposals, the Bidders or Offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of DEBARMENT STATUS: By submitting their (bids/proposals), (Bidders/Offerors) certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. 8. ANTI-TRUST: By entering into a contract, the Contractor conveys, sells and transfers to the Commonwealth of Virginia all rights, title and interest have in and to all causes of the action it may now or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods purchased or acquired by the Commonwealth of Virginia under said contract. 9. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS: 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, VDOT reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a bid as non-responsive. As a precondition to its acceptance, VDOT may, in its sole discretion, request that the Bidder withdraw or modify non-responsive portions to 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. Failure to submit a proposal on the official State form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however VDOT reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal. 10. CLARIFICATION OF TERMS: If any prospective Bidder or Offeror has questions about the specifications or other bid documents, the prospective Bidder or Offeror should submit a written request to the buyer whose name appears on the face of the solicitation, no later than 5 days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer. 11. PAYMENT TO PRIME CONTRACTORS: Invoices for items ordered, delivered and accepted by VDOT shall be submitted by the Contractor direct to the payment address shown on purchase order/contract. All invoices shall show the VDOT contract number and/or purchase order number; social security number (for individual Contractors) or the federal employer identification number' (for proprietorships, partnerships, and corporations). 12. PAYMENT TERMS: Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after delivery of an accepted invoice. This, however, shall not affect offers of discounts for prompt payment in less than 30 days. All goods or services provided under this contract or purchase order, that are to be paid with public funds, shall be billed by the Contractor at the contract price, regardless of which public agency is being billed. 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 the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. 13. PAYMENT TO SUB-CONTRACTOR: A Contractor awarded a contract under this solicitation is hereby obligated: A. To pay the Sub-Contractors within seven (7) days of the Contractor's receipt of payment from VDOT for the proportionate share of the payment received for work performed by the Sub-Contractor under the contract; or B. To notify VDOT and the Sub-Contractor, in writing, of the Contractor's intention to withhold payment and the reason. The Contractor is obligated to pay the Sub-Contractor 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 VDOT, except for amounts withheld as stated in B. above. The date of mailing of any payment by US 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 Sub-Contractor may not be construed to be an obligation of VDOT.

24 PROTEST OF AWARD: A Bidder or Offeror wishing to protest an award or a decision to award a contract must submit a written protest to the Administrative Services Administrator, VDOT 1401 East Broad Street, Richmond, Virginia 23219, no later than ten (10) days after public notice of award or announcement of the decision to award whichever occurs first. The public notice will be in the area designated for solicitation/proposal and award notices. The protest must include the basis for the protest and the relief sought. Within ten (10) days after receipt of the protest the Administrative Services Administrator will issue a written decision stating the reasons for the action taken. This decision is final unless within ten (10) days after receipt of such decision, the Bidder or Offeror institutes legal action as provided in the Code of Virginia. 15. PRECEDENCE OF TERMS: Paragraphs 1-14 of these General Terms and Conditions 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. 16. SPECIFICATIONS: The material shall strictly conform to all specifications, plans, etc. and current VDOT Road and Bridge Specifications unless otherwise stated herein. 17. QUALIFICATIONS OF BIDDERS OR OFFERORS: VDOT may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder or Offeror to perform the contract. Such investigations may include but are not limited to fingerprint-based criminal history background checks, credit checks, legal residence checks, or proof of US citizenship. The Bidder or Offeror shall furnish to VDOT all such information and data for this purpose as may be requested. VDOT further reserves the right to reject any bid or proposal if the evidence submitted by, or investigations of, such Bidder or Offeror fails to satisfy VDOT that such Bidder or Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein. 18. TESTING AND INSPECTION: VDOT reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. 19. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the VDOT Contract Officer indicated in this solicitation. 20. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, VDOT, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which VDOT may have. 21. TAXES: Sales to the Commonwealth of Virginia are normally exempt from state sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall be free of federal excise and transportation taxes. The Commonwealth's excise tax exemption registration number is K. 22. TRANSPORTATION AND PACKAGING: By submitting their bids or proposals, all Bidders or Offerors certify and warrant that the price offered for F.O.B. destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with the purchase order number or the contract number, commodity description and quantity. 23. DELIVERY POINT: Except when otherwise specified herein, all items shall be F.O.B. delivered to any of the locations specified herein. 24. AUDIT: The Contractor hereby agrees to retain all books, records and other documents relative to this contract for five (5) years after final payment, or until audited by VDOT, whichever is sooner. VDOT, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period. 25. ADDITIONAL INFORMATION: VDOT reserves the right to ask any Bidder/Offeror to submit information missing from its bid/offer, to clarify its bid/offer, and to submit additional information which VDOT deems desirable, and does not affect quality, quantity, price or delivery.