COMM01\lWEALTH OF VIRGINIA STANDARD CONTRACT

Transcription

1 COMM01\lWEALTH OF VIRGINIA STANDARD CONTRACT Contract Number: VTG This contract entered into this 15th day of August 2016, by Chandler Concrete of Virginia, Inc., hereinafter called the "Contractor" and Commonwealth of Virginia, Virginia Polytechnic Institu.te and Staie University called "Virginia Teet." WITNESSETH that the Contractor and Virginia Tech, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows: SCOPE OF CONTRACT: The Contractor shall provide the ready mix concrete to Virginia Tech as set forth in the Contract Documents. PERIOD OF COl\TTRACT: Froir. August 15, 2016 through August 14, COMPENSATION AND METHOD OF PAYMENT: in accordance with the Contract Documents. The Contractor shall be paid by Virginia Tech CONTRACT DOCUMENTS: The Contract Documents shall consist of this signed contract, Invitation ror Bid number dated June 28, 2016, and the bid submitted by the Contractor dated July 7, 2016, all of which Contract Documents are incorporated herein. In WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. ~~~tr~ <? 5? ::::> (Signature) nnfl Ou~~ - ~e-rbo \ Name and Title 1'-\jl;" vrr~ 0 ~ By. ~-4Jrx~d Ma..')' W. Helmick Director of Procurement

2 DATE INVITATION FOR SEALED BID# THIS IS NOT AN ORDER VIRGINIA POLYTECHNIC INSTITUTE AND ST ATE UNIVERSITY PROCUREMENT DEPARTMENT (MC 0333) NORTH END CENTER, SUITE 2100, VIRGINIA TECH, 300 TURNER STREET NW BLACKSBURG, VIRGINIA BID RETURN DATE AND HOUR BID OPENING DATE AND HOUR June 28, 2016 July 12, PM BIDDERS ADDRESS ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO: Anthony S. Beeken, VCO, CUPO Contracts Officer/Buyer Senior ADDRESS: TELEPHONE NUMBER (540) FAX NUMBER (540) AFTER HOUR MESSAGES (540) COMMODITY: Ready Mix Concrete SEE ATTACHED SPECIAL INSTRUCTIONS I. Faxed/ responses to Sealed Bids cannot be sent directly to the Procurement Department, see "Facsimile Bids" of the attached General Terms and Conditions. 2. Responses must be submitted on this form and the attachment (s) provided. 3. Responses should be signed below. 4. Responses will be received in the Virginia Polytechnic Institute and State University, Procurement Department (MC 0333),North End Center, Suite 2100, Virginia Tech, 300 Turner Street, NW, Blacksburg, VA until the bid opening date and hour or, if specified, the bid return date and hour shown above. 5. Contact the buyer listed above for bid award information. Enclose a self-addressed stamped envelope if you wish to obtain price information. 6. DELIVERY IS F.O.B. DESTINATION UNLESS OTHERWISE NOTED IN THE BODY OF THE BID. 7. Any ADDENDUM issued for this solicitation may be accessed at Since a paper copy of the addendum will not be mailed to you, we encourage you to check the web site regularly. 8. Bidders must take cognizance of the fees associated with the ev A Business-To-Government Vendor Registration requirement described herein and at and submit prices accordingly. CERTIFICATION: IN ACCORDANCE WITH THIS INVITATION FOR SEALED BID AND SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN INCLUDING THE GENERAL TERMS AND CONDITIONS SHOWN AT http> html.docs tcnm GTC BID 0I pdf TH E UNDERSIGNED OFFERS AND AGREES TO FURNISH THE GOODS OR SERVICES FOR THE PRICE(S) OFFERED. FULL LEGAL NAME (PRINT) FEDERAL TAXPAYER NUMBER (ID#) DELIVERY DATE (Company name as it appears with your Federal Taxpayer Number) BUSINESS NAME/OBA NAME/TA NAME (If different than the Full Legal Name) FEDERAL TAXPAYER NUMBER (If different than ID# above) BILLING NAME (Company name as it appears on your invoice) FEDERAL TAXPAYER NUMBER (If different than ID# above) PURCHASE ORDER ADDRESS PAYMENT ADDRESS CONTACT NAME/TITLE (PRINT) SIGNATURE (IN INK) DATE ADDRESS TELEPHONE NUMBER TOLL FREE TELEPHONE NUMBER FAX NUMBER *BUSINESS CLASSIFICATION I D LARGE I D SMALL I D MINORITY-OWNED I D WOMEN-OWNED *Business Classification definitions can be viewed at httn: \\ \\ \\.nrocurc1rn:nl. vt.cdu \' cndor class.html *Is your Classification certified by the Virginia Department of Small Business and Supplier Diversity I If yes, provide Certification Number: (SBSD)? D Yes D No

3 *For assistance with certification questions, lease visit: htt. \\ww.dmhc.yiroinia. O\ Is any member of the firm an employee of the Commonwealth of Virginia who has a personal interest in this contract pursuant to the Code of Virginia? YES NO SIGNATURE Date: (IN INK) 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. THIS IS NOT AN ORDER ~ """" '''""' 2

4 I. PURPOSE: VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY (VIRGINIA TECH) INVITATION FOR SEALED BID NUMBER Ready Mix Concrete The intent and purpose of this Invitation or Sealed Bid is to establish a term contract with one or more qualified sources that can provide ready mix concrete for Virginia Polytechnic Institute and State University (Virginia Tech), an agency of the Commonwealth of Virginia. II. EVA BUSINESS-TO-GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM: The eva Internet electronic procurement solution streamlines and automates government purchasing activities within the Commonwealth of Virginia. Virginia Tech, and other state agencies and institutions, have been directed by the Governor to maximize the use of this system in the procurement of goods and services. We are, therefore, requesting that your firm register as a trading partner within the eva system. There are registration fees and transaction fees involved with the use of eva. These fees must be considered in the provision of quotes, bids and price proposals offered to Virginia Tech. Failure to register within the eva system may result in the quote, bid or proposal from your firm being rejected and the award made to another vendor who is registered in the eva system. Registration in the eva system is accomplished on-line. Your firm must provide the necessary information. Please visit the eva website portal at and register both with eva and Ariba. This process needs to be completed before Virginia Tech can issue your firm a Purchase Order or contract. If your firm conducts business from multiple geographic locations, please register these locations in your initial registration. For registration and technical assistance, reference the evacustomercare@dgs.virginia.gov, or call or eva website at: Ill. CONTRACT PARTICIPATION: College of Wilham and Mary George Mason University James Madison Universily Old Dominion University Radford University The University of Virg1ma Virginia Commonwealth University Virgm1a Military Institute Virginia Tech It is the intent of this solicitation and resulting contract to allow for cooperative procurement. Accordingly, any public body, public or private health or educational institutions, or Virginia Tech's affiliated corporations and/or partnerships may access any resulting contract if authorized by the contractor. Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor, the resultant contract may be extended to the entities indicated above to purchase at contract prices in accordance with contract terms. The Contractor shall notify Virginia Tech in writing of any such entities accessing the contract. No modification of this contract or execution of a separate contract is required to participate. The Contractor will provide semi-annual usage reports for all entities accessing the Contract. Participating entities shall place their own orders directly with the Contractor and shall fully and independently administer their use of the contract to include contractual disputes, invoicing and payments without direct administration from Virginia Tech. Virginia Tech shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the contract. It is understood and agreed that Virginia Tech is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract no matter the circumstances. Use of this contract does not preclude any participating entity from using other contracts or competitive processes as the need may be. 3

5 IV. SCOPE OF SERVICE: The contractor shall provide ready mixed concrete delivered to Virginia Tech's Blacksburg, Virginia campus or Virginia Tech work sites near Blacksburg, Virginia, inclusive of all associated freight costs, on an as needed basis when ordered by Virginia Tech. All ready mix concrete work shall conform to Standards and Specifications, including, but not limited to VDOT Road and Bridge Standards, and VDOT Road and Bridge Specifications. A. TYPES OF CONCRETE REQUIRED: psi Concrete: shall be Class A4 Concrete for General Use in accordance with VDOT Section 219, unless specifically noted otherwise below: a. Cement shall be Type II, or may be Type I when fly ash is used. b. Fine Aggregate shall be natural Sand only. c. Corse Aggregate shall be VA #57, Grade A Stone. d. Air-Entraining Admixtures shall be used to provide specified air entrainment (6.5% +/- 1.5%) e. No other admixtures shall be used unless directed otherwise by Virginia Tech. f. Concrete shall contain a minimum of 635 ib. cement per cubic yard (CY) of concrete. g. Slump shall be a maximum of (4) four inches psi Concrete: Shall be Class A3 Concrete for General Use in accordance General Road and Bridge Specifications. a. Cement shall be Type II, or may be Type I when fly ashy is used. b. Fine Aggregate may be natural or manufactured, in accordance with VDOT, Section19. c. Coarse Aggregate shall be VA #57, Grade A Stone. d. Air-Entraining Admixtures shall be used to provide specified air (6%+/- 2%) e. No other admixtures shall be used unless directed otherwise by Virginia Tech. f. Concrete shall contain a minimum of 588 lbs. of cement per cubic yards of concrete. g. Slump shall be a maximum of 5 (five) inches psi, Curb Mix Concrete: Shall be Class A-3 HE Concrete for Posts and Rails in accordance with VDOT, Section 219, unless specifically noted otherwise below: a. Cement shall be Type II, or may be Type I when fly ash is used. b. Fine Aggregate shall be Natural Sand only. c. Coarse Aggregate shall be VA #7 Grade A Stone. d. Air-entraining Admixtures shall be used to provide air entrainment of (7% +/- 2%) e. No other admixtures shall be used unless directed by Virginia Tech. f. Concrete shall contain a minimum of 635 lbs. of cement per cubic yard of concrete. g. Slump shall be a maximum of 5". 4

6 psi, River Rock Aggregate Concrete: Shall be Class A4 Concrete for General Use with River Rock and River Sand Aggregates in order to match Exposed Aggregate Concrete on the Virginia Tech Campus in color and texture. a. Cement shall be Type II, or may be Type I when fly ash is used. b. Fine Aggregate shall be Brown River Sand, in accordance with VDOT, Section 202. c. Coarse Aggregate shall be Brown River Rock, graded in accordance with VA # psi, Conduit Encasement Concrete: Shall be Class B2 Concrete, to be used only in conduit encasement and other applications where unreinforced concrete is to be used for protection only, not requiring structural stability. This concrete shall be in conformance with VDOT, Section 19, of Class B2 Concrete, unless specifically noted otherwise below. a. Fine Aggregate shall be natural or manufactured. b. Coarse Aggregate shall be natural or manufactured. c. Fly Ash may be used as specified. d. Air-Entraining Admixtures are not required. e. No other admixtures shall be used unless directed otherwise by Virginia Tech. f. Concrete shall contain a minimum of 494 lbs. of cement per cubic yard of concrete. g. Slump may be 4-6" psi, Curb Mix Concrete: Shall be Class A-3 HE Concrete a. Cement shall be Type II, or may be Type I when fly ash is used. b. Fine Aggregate shall be Natural Sand only. c. Coarse Aggregate shall be VA #57Grade A Stone. d. Air-Entraining Admixtures shall be used to provide air entrainment of (7% +/- 2%) e. No other admixtures shall be used unless directed otherwise by Virginia Tech. f. Concrete shall contain a minimum of 635 lbs. of cement per cubic yard of concrete. g. Slumps maximum - 5" psi, Flowable Fill: Shall have a design compressive strength of approximately 1000 psi at 28 days after the installation of the fill when tested in accordance with AASHTO-T-23. Flowable fill composite material shall comply with all specification requirements of VDOT. 8. GENERAL NOTES: a. The quantities of fine and coarse aggregates necessary to conform to specifications in regard to consistency and workability shall be determined by the method described in "Recommended Practice for Selecting Proportions for Normal Weight Concrete" (ACI 21) and the actual quantities used shall not deviate more than plus or minus (5) five per cent from such quantities. b. The concrete shall provide minimum slump as permissible per Section IV., SCOPE OF SUPPLY. c. The quantity of admixture varies considerably and must be initially established by trial and error by the producer of the concrete or the contractor with subsequent adjustment during batching to maintain the desired results within the range as specified in Section IV., SCOPE OF SUPPLY. 5

7 B. DELIVERY SCHEDULE: 1. Concrete shall be delivered to multiple job sites located on Virginia Tech's Blacksburg, Virginia campus or Virginia Tech work sites near Blacksburg, Virginia, as directed by Virginia Tech. 2. Under normal circumstances, orders for concrete will be placed by Virginia Tech (24) twenty four hours ahead of time and shall be confirmed within (2) two hours of the requested delivery time. Orders may be cancelled by Virginia Tech at that time due to weather or unforeseen conditions. 3. Concrete shall be delivered at the requested time,+/- (30) thirty minutes. Virginia Tech reserves the right to refuse concrete delivered earlier or later than +/- (30) thirty minutes of the requested time of delivery. 4. In emergency situations as determined by Virginia Tech, (occurring approximately (24) Twenty-four to (30) thirty times per year), orders may be placed four hours ahead of time. C. OTHER REQUIREMENTS: 1. Concrete shall be placed within (1.5) one and a half hours of the time of batching, unless otherwise directed by Virginia Tech. 2. When requested by Virginia Tech, extra concrete chutes shall be provided by the contractor with concrete orders at no additional cost to Virginia Tech. 3. All orders delivered shall be accompanied by a ticket showing the following as a minimum: a. Concrete Mix b. Time of Batching c. Time of Delivery d. Quantity e. Work Order (will be provided by Virginia Tech when the concrete is ordered) f. Virginia Tech Contract Number 4. PARKING POLICY: All contractor vehicles parked on Virginia Tech property must display a parking permit. Contractors shall note that vehicles parked on Virginia Tech property without a parking pass or permit are subject to ticketing and fines. a. For overnight parking, the contractor's company owned vehicles shall use the parking lot in front of the Virginia Tech Printing Services and Surplus Property offices located at 1411 South Main Street also known as the old Kmart parking lot. Privately owned vehicle (POV) may park at this location. No overnight (24 hours) parking is allowed on Virginia Tech property. If parking POV's on Virginia Tech property, Virginia Tech Parking Services will identify which lot the POV shall park in. To be entitled to park in these lots, the contractor shall be required to buy a daily, weekly, monthly or annual permit from Virginia Tech Parking Services. It shall be the responsibility of the contractor to shuttle their employees to the job site. If the need arises, Virginia Tech may direct that the contractor owned vehicles be parked in a location or locations other than 1411 South Main Street, Blacksburg, Virginia. b. TURF PERMITS: These permits are issued by Parking Services to all vehicles requiring temporary parking on the grass except for construction equipment such as loaders and graders. Parking Services shall decide who can obtain a Turf Permit. This permit does not allow parking on sidewalks and plazas. As a courtesy, please do not park under trees. c. SIDEWALK POLICY: Sidewalk access to land - locked buildings is only allowed along designated routes. Vehicle pull - offs are designated at land locked building sites to move parked vehicles off sidewalks (but not onto turf). Parking an unattended vehicle on a sidewalk is strictly prohibited by state law and shall be subject to fines. The vehicle operator shall be made aware that extreme 6

8 caution shall be used to operate vehicle in a way that will not be a hazard or hindrance to pedestrians using the sidewalk. The contractor shall be responsible for any damage to the turf and anything that is located adjacent to the sidewalk. The procedure to obtain a permit to operate vehicles on a sidewalk is the same as outlined for Turf Policy. Any vehicle parked illegally on a sidewalk shall be subject to ticketing, fines and towing if necessary. d. UNIFORMS: All employees of the contractor and any subcontractor of the contractor shall wear uniforms or other appropriate Virginia Tech approved attire at all times to designate their affiliation with the contractor. e. DUTY TO PROTECT PROPERTY: The contractor shall continuously maintain adequate protection of all his work from damage and shall protect all other property from damage, injury or loss arising in connection with the work. The contractor shall make good any such damage, injury or loss except such as may be directly the result of errors in the contract documents or such as shall be caused directly by Virginia Tech. f. SAFETY PRECAUTIONS: The contractor shall comply with the rules and regulations of OSHA and the Department of Labor. The contractor alone shall be responsible for the safety, efficiency, adequacy of his plant, appliances, and methods and for any damage which may result from their improper construction, maintenance or operation. The contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, proper safeguards for the protection of workers and the public and shall post danger warnings against any hazards created by the construction operations. The contractor shall designate a responsible member of his organization on the work whose duty shall be the prevention of accidents. In the absence of notice to the contrary, filed with Virginia Tech in writing with a copy delivered to the Virginia Tech Police Department, this person shall be the Superintendent of the contractor. g. INVOICES: Invoices shall be submitted by the contractor within (1) one week after performance of work and shall show the contract number and the contract number. V. METHOD OF PAYMENT: Virginia Tech will authorize payment to the contractor after each satisfactory delivery of ready mix concrete and receipt of the contractor's invoice. Payment can be expedited through the use of the Wells One AP Control Payment System. Virginia Tech strongly encourages participation in this program. For more information on this program please refer to Virginia Tech's Purchasing website: or contact the person in Procurement Department identified in the IFB. VI. INVOICES: Invoices for goods or services provided under any contract resulting from this solicitation shall be submitted to: Virginia Polytechnic Institute and State University Accounts Payable North End Center, Suite 3300, Virginia Tech 300 Turner Street NW Blacksburg, Virginia VII. CONTRACT ADMINISTRATION: A. Anthony Watson, Associate Director of Buildings and Grounds, Facilities Department, at Virginia Tech or his designee, shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance. B. The Contract Administrator, or his designee, shall determine the amount, quantity, acceptability, fitness of all aspects of the services and shall decide all other questions in connection with the services. The Contract Administrator, or his designee, shall not have authority to approve changes in the services which alter the 7

9 concept or which call for an extension of time for this contract. Any modifications made must be authorized by the Virginia Tech Procurement Department through a written amendment to the contract. VIII. PRICE SCHEDULE: (TO BE COMPLETED BY BIDDER): The Bidder agrees to provide the following as described herein and in accordance with the terms and conditions contained herein for the following prices: psi Concrete, less than 3 CY order: $ /CY psi Concrete, 3 CY order or greater: psi Concrete, less than 3 CY order: psi Concrete, 3 CY order or greater: $ /CY psi Curb Mix Concrete, less than 3 CY order: psi Curb Mix Concrete, 3 CY order or greater: $ /CY psi River Rock, Aggregate Concrete, less than 3 CY order: psi River Rock, Aggregate Concrete, 3 CY order or greater: psi Conduit Encasement Concrete, less than 3 CY order: $ /CY psi Conduit Encasement Concrete, 3 CY order or greater: psi Curb Mix Concrete, less than 3 CY order: $ /CY psi Curb Mix Concrete, greater than 3 CY order: $ /CY psi Flowable Fill: 14. Duct Bank 4000 psi (dump load and leave) $ /CY IX. BID EVALUATION PROCEDURE: 1. BIDDERS SHOULD NOT FILL IN THE BLANK SPACES. This example is only intended to illustrate the evaluation procedure to be utilized. 2. Bids will be evaluated on the basis of the lowest grand total price from responsive, responsible bidders. The low bidder will be determined by use of the prices provided by the bidder in Section VIII. PRICING SCHEDULE in the following hypothetical scenario: During the contract period, the Contractor provides services in the quantities listed below. Description Minimum/Maximum Amount Per Order Estimated Quantity Unit Price Total psi Concrete < 3 CY order 300 CY $ /CY $ 8

10 psi Concrete psi Concrete psi Concrete psi Curb Mix Concrete psi Curb Mix Concrete 3 CY order or > 1200 CY $ /CY $ < 3 CY order 40CY $ /CY 3 CY order or > 160CY $ /CY < 3 CY order $ $ 3 CY order or > 40CY $ :/CY $ psi River Rock psi River Rock psi psi < 3 CY order 10CY $ /CY $ 3 CY order or > 40 CY $ --'/CY $ < 3 CY order 200CY $ /CY $ 3 CY order or > 600 CY $ :/CY $ psi psi < 3 CY order 50 CY $ /CY $ > 3 CY order or > 50 CY $ --'/CY $ 13. Flowable Fill > 3 CY order or > 200 CY $ /CY $ 14. Duct Bank > 3 CY order 27 CY $ /CY $ X. ADDENDUM: Grand Total $ XI. Any ADDENDUM issued for this solicitation may be accessed at Since a paper copy of the addendum will not be mailed to you, we encourage you to check the web site regularly. CONTROLLING VERSION OF SOLICITATION: The PDF version of the solicitation and any addenda issued by Virginia Tech Procurement Services is the mandatory controlling version of the document. Any modification of/or additions to the solicitation by the Bidder shall not modify the official version of the solicitation issued by Virginia Tech Procurement Services. Such modifications or additions to the solicitation by the Bidder may be cause for rejection of the bid; however, Virginia Tech reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid. XII. TERMS AND CONDITIONS: This solicitation and any resulting contract/purchase order shall be governed by the attached terms and conditions. XIII. ATTACHMENTS: Attachment A - Terms and Conditions Attachment B - Standard Contract Form 9

11 ATTACHMENT A TERMS AND CONDITIONS Bid General Terms and Conditions See BID pdf Special Terms and Conditions 1. 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 the Commonwealth of Virginia, whichever is sooner. Virginia Tech, its authorized agents, and/or State auditors shall have full access to and the right to examine any of said materials during said period. 2. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that Virginia Tech shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. 3. AWARD OF CONTRACT: Virginia Tech will make the award on a grand total price basis to the lowest responsive and responsible bidder. The Virginia Tech Procurement Department 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 Virginia Tech to be in its best interest. Virginia Tech reserves the right to award more than one contract as a result of this solicitation. 4. BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period. 5. CANCELLATION OF CONTRACT: Virginia Tech reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation. 6. CONTRACT DOCUMENTS: The contract entered into by the parties shall consist of the Invitation for Bids, the signed Bid submitted by the Contractor, the Commonwealth Standard Contract Form (copy attached), the General Terms and Conditions, Special Terms and Conditions, the specifications including all modifications thereof, all of which shall be referred to collectively as the Contract Documents. 7. CONTRACT PERIOD: The contract shall be for a period of one ( 1) year. 8. FINAL INSPECTION: At the conclusion of the work, the Contractor shall demonstrate to the authorized Virginia Tech representatives that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the Contractor at the Contractor's sole expense prior to final acceptance of the work. 9. IDENTIFICATION OF SEALED BID ENVELOPE: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid should be returned in a separate envelope or package, sealed and addressed as follows: VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY Procurement Department (MC 0333) North End Center, Suite 2100, Virginia Tech 300 Turner Street NW Blacksburg, Virginia Reference the opening date and hour, and Bid Number in the lower left corner of the envelope or package. If a bid not contained in the special envelope is mailed, the bidder takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the bid to be disqualified. No other correspondence or other bids should be placed in the envelope. Bids may be hand delivered to the Virginia Tech Procurement Department. 10

12 1 O. INSURANCE: By signing and submitting a bid under this solicitation, the Bidder certifies that if awarded the contract, it will have the following insurance coverages at the time the work commences. Additionally, it will maintain these during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. During the period of the contract, Virginia Tech reserves the right to require the Contractor to furnish certificates of insurance for the coverage required. INSURANCE COVERAGES AND LIMITS REQUIRED: A. Worker's Compensation - Statutory requirements and benefits. B. Employers Liability-$100, C. General Liability - $500, combined single limit. Virginia Tech and the Commonwealth of Virginia shall be named as an additional insured with respect to goods/services being procured. This coverage is to include Premises/Operations Liability, Products and Completed Operations Coverage, Independent Contractor's Liability, Owner's and Contractor's Protective Liability and Personal Injury Liability. D. Automobile Liability - $500, The contractor agrees to be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Worker's Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contract. 11. NOTICES: Any notices to be given by either party to the other pursuant to any contract resulting from this solicitation shall be in writing, hand delivered or mailed to the address of the respective party at the following address: If to Contractor: Attention: Address Shown On Bid Cover Page Name of Person Signing Bid If to Virginia Tech: Virginia Polytechnic Institute and State University Attn: Anthony S. Beeken Procurement Department (0333) North End Center, Suite 2100, Virginia Tech 300 Turner Street NW Blacksburg, Virginia And Virginia Polytechnic Institute and State University Attn: Anthony Watson Facilities Department Sterrett Facilities Complex 230 Sterrett Drive Blacksburg, Virginia PRICE ESCALATION/DEESCALATION: Price adjustments for changes in the contractor's price of materials, labor, and transportation may be permitted. Request for price adjustments for any other reasons will not be granted. No price increases will be authorized for 365 calendar days after the effective date of the contract. Upward price adjustments may be permitted only at the end of this period and each 365 days thereafter and only where verified to the satisfaction of the Virginia Tech Procurement Department. However, "across the board" price decreases are subject to implementation at any time and shall be immediately conveyed to Virginia Tech. Contractor shall give not less than 30 days advance notice of any desired price increase to the Virginia Tech Procurement Department. Any approved price changes will be effective only at the beginning of the calendar month following the end of the full 30 day notification period. The Contractor shall document the amount and proposed effective date of any general change in the price of materials, labor, and transportation. Only general "across the board" price increases will be considered and must affect all suppliers of the commodities or goods. Documentation shall be supplied with the Contractor's request for increase which will: (1) verify that the requested price increase is general in scope and not applicable just to Virginia Tech; and (2) verify the amount or percentage of increase which is being passed on to the Contractor by the Contractor's suppliers. Failure by the Contractor to supply the aforementioned verification with the request for price increase will result in a delay of the effective date of such increase. The Virginia Tech Procurement 11

13 Department may verify such change in price independently. The Virginia Tech Procurement Department may make such verification as it deems adequate. However, any increase which the Virginia Tech Procurement Department determines is excessive, regardless of any documentation supplied by the Contractor, may be cause for cancellation of the contract by the Virginia Tech Procurement Department. The Virginia Tech Procurement Department will notify the contractor in writing of the effective date of any increase which is approved. However, the Contractor shall fill all purchase orders received prior to the effective date of the price adjustment at the old contract prices. The contractor is further advised that price decreases which affect the price of materials, labor, and transportation are required to be passed on to Virginia Tech immediately. Failure to do so will result in action to recoup such amounts. 13.QUANTITIES: Quantities set forth in this solicitation are estimates only, and the Contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown. 14.RENEWAL OF CONTRACT: This contract may be renewed by Virginia Tech upon written agreement of both parties for four successive one year periods, under the terms of the current contract, and at a reasonable time (approximately 90 days) prior to the expiration. 15.SAFETY: The Contractor bears sole responsibility for the safety of its employees. The Contractor shall take all steps necessary to establish, administer, and enforce safety rules that meet the regulatory requirements of the Virginia Department of Labor and Industry (VDU) and the Occupational Safety and Health Administration (OSHA). The contractor shall take steps as necessary to protect the safety and health of university employees, students, and visitors during the performance of their work. In addition, the contractor must also provide the university with a written safety program that it intends to follow in pursuing work under this contract. By entering into a contract with Virginia Tech, the contractor and its subcontractors agree to abide by the requirements described in Safety Requirements for Contractors and Subcontractors located on Virginia Tech's Environmental, Health and Safety Services (EHSS) web site at this URL safety.php. A copy of the publication may also be obtained by contacting EHSS at 540/ No work under this contract will be permitted until the university is assured that the contractor has an adequate safety program in effect. 16.SEVERAL LIABILITY: Virginia Tech will be severally liable to the extent of its purchases made against any contract resulting from this solicitation. Applicable entities described herein will be severally liable to the extent of their purchases made against any contract resulting from this solicitation. 17.WARRANTY (COMMERCIAL): The Contractor agrees that the supplies or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such supplies or services and that the rights and remedies provided therein are in addition to and do not limit those available to Virginia Tech by any other clause of this solicitation. A copy of this warranty must be furnished with the bid. 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 Owner's satisfaction at the Contractor's expense. 12

14 ATTACHMENT B Standard Contract form for reference only Bidders do not need to fill in this form COMMONWEAL TH OF VIRGINIA STANDARD CONTRACT Contract Number: This contract entered into this day of 20_, by, hereinafter called the "Contractor" and Commonwealth of Virginia, Virginia Polytechnic Institute and State University called "Virginia Tech". WITNESSETH that the Contractor and Virginia Tech, in consideration of the mutual covenants, promises and agreements herein contained, agrees as follows: SCOPE OF CONTRACT: The Contractor shall provide the to Virginia Tech as set forth in the Contract Documents. PERIOD OF CONTRACT: From through COMPENSATION AND METHOD OF PAYMENT: The Contractor shall be paid by Virginia Tech in accordance with the contract documents. CONTRACT DOCUMENT: The contract documents shall consist of this signed contract, Invitation For Bid Number dated, together with all written modifications thereof and the bid submitted by the Contractor dated, all of which contract documents are incorporated herein. In WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. Contractor: Virginia Tech By: By: Title: Title: ~ ~ 13

15 DATE INVITATION FOR SEALED BID# THIS IS NOT A.NORDER VIRGINIA POLYTECHNIC INSTITUTE A~D ST A TE UNIVERSITY PROCUREMENT DEPARTMENT (MC 0333) NORTH END CEJ\TER, SUITE 2100, VIRGINIA TECH, 300 TURNER STREET N". BLACKSBURG, VIRGINIA BID RETURN DA TE AND HOUR BID OPENING DATE AND HOUR June Julv PM BIDDERS ADDRESS ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO Anthony S. Beeken, VCO, CUPO Contracts Officer/Buyer Senior ADDRESS: abeekenl(/!vt.edu TELEPHONE NUMBER (540) FAX NUMBER (540) AFTER HOUR MESSAGES (540) COMMODITY: Ready Mix Concrete SEE ATTACHED SPECIAL INSTRUCTIONS 1. Faxed/ responses to Sealed Bids cannot be sent directly to the Procurement Department. see "Facsimile Bids" of the attached General Terms and Conditions. Responses must be submitted on this form and the attachment (s) provided. Responses should be signed below. 4. Responses will be received in the Virginia Polytechnic institute and State University, Procurement Department (MC 0333 ).North End Cente~. Sune Virginia Tech. 300 Turner Street NV-', Blacksburg, VA until the bid opening date and hour or. if specified, the bid return date and hou~ shown above. Contact the buyer listed above for bid award information. Enclose a self-addressed stamped envelope if you wish to obtain price infomrntion. 6. DELIVERY IS F.0.B. DESTINATION UNLESS OTHERWISE NOTED IN THE BODY OF THE BID. 7. Any ADDENDUM issued for this solicitation may be accessed at Since a paper copy of the addendum will not be mailed to you. we encourage you to check the web site regular]~. 8. Bidders must take cognizance of thr fees associated with the ev A Busines~-To-Government Vendor Registration requirement described herein and at and submit prices accordinglv. CERTIFICATION: IN ACCORDANCE WITH THIS INVITATION FOR SEALED BID AND SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN INCLUDING THE GENERAL TERMS AND CONDITIONS SHO\VN AT \'t.eduihtml.docs1ten11s1gtc BID 0I pdf THE UNDERSIGNED OFFERS AND AGREES TO FURNISH THE GOODS OR SERVICES FOR THE PRICE<S) OFFERED. FULL LEGAL NAME IPRINTi FEDERAL TAXPAYER NUMBER!ID# 1 DELl\"ERY DA TE (.:.:omnany name as 11 appear" with your federal Taxpayer Number1 7~ /,i- (lf J1t1en:nt than tne Full Legal I\ame1 FEDE!Ll\.L T AXP A YEP-. NUMB Ek nf J1fferent than ID#..tlmve I BILLING NA.,\1E (Lornpany name as 11 appears on your mvo1ce1 FEDERAL TAXPAYER NUMBER (lf different tnan ID;; abow PURCHASE ORDER ADDRESS PAYMENT ADDRESS p D f2;p [... \ 2 lflo '2.. "P D Got:- I Z.. % '7- RoAno'hc=: DA 21..tD-Z.-S..cAl-...") o~ \ja 24-D'Z...5 CONTACTNAMETITLE (PRINT! I SIGNATURE (IN INK! I~ I TOLL FREE TELEPHONE NUMBER I DATE I 7;,, ;,' TELEPH01'i"E NUMBER b<~+.qvlu\_ e 5 ''fo. 3'f S. 3'0'+~ \~.-cone r-t-..k.cm. Qd. lco-z. 'BUSINESS CLASSIFIC A D SMALL D MINORITY-OWNED I D WOMEN-OWNED 'Busmess Classification definiuons can be \ iewed at httrl;_''\\w\\.~,m 1 t.ed~ '\'endor'cias,_1_11m! 'Is your Classification certified by the Virgmrn Department of Small Bus mess and Supplier Diversirv 1 If ves. provide Certification Number 1 ISBSDl 0 0 Yes EfNo

16 for assistance with cert1ficjt1on questions. rlease visit: h.t.tr: Is any member of the firm an employee of the Commonwealth of Virginia who has a personal interest in this contract pursuant to the Code of Virginia? YES NO_---"-', SIGNATURE (IN INK) zh I Jl, ' Date: 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. THIS IS NOT AN ORDER "'''~'"''"'"'" 2

17 I. PURPOSE: VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY (VIRGINIA TECH) INVITATION FOR SEALED BID NUMBER Ready Mix Concrete The intent and purpose of this Invitation or Sealed Bid is to establish a term contract with one or more qualified sources that can provide ready mix concrete for Virginia Polytechnic Institute and State University (Virginia Tech), an agency of the Commonwealth of Virginia. II. EVA BUSINESS-TO-GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM: The eva Internet electronic procurement solution streamlines and automates government purchasing activities within the Commonwealth of Virginia. Virginia Tech, and other state agencies and institutions, have been directed by the Governor to maximize the use of this system in the procurement of goods and services. We are, therefore, requesting that your firm register as a trading partner within the eva system. There are registration fees and transaction fees involved with the use of ev A. These fees must be considered in the provision of quotes, bids and price proposals offered to Virginia Tech. Failure to register within the eva system may result in the quote, bid or proposal from your firm being rejected and the award made to another vendor who is registered in the eva system. Registration in the eva system is accomplished on-line. Your firm must provide the necessary information. Please visit the eva website portal at buyer-vendor.htm and register both with eva and Ariba. This process needs to be completed before Virginia Tech can issue your firm a Purchase Order or contract. If your firm conducts business from multiple geographic locations, please register these locations in your initial registration. For registration and technical assistance, reference the evacustomercare@dgs.virginia.aov, or call or CONTRACT PARTICIPATION: eva website College of William and Mary George Mason Universlry Jame:s Madison- Un!Verstty Did Oominion UniverSJt'; Radford Umversily The Umvers.1ty of Virgin1~ V~ginia Commonwealth Universit1 Virginia Mihtllry institute Virginia Teet It is the intent of this solicitation and resulting contract to allow for cooperative procurement. Accordingly, any pubiic body, public or private health or educational institutions, or Virginia Tech s affiliated corporations and/or partnerships may access any resulting contract if authorized by the contractor. Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor, the resultant contract may be extended to the entities indicated above to purchase at contract prices in accordance with cornract terms. The Contractor shall notify Virginia Tech in writing of any such entities accessing the contract. No modification of this contract or execution of a separate contract is required to participate. The Contractor will provide semi-annual usage reports for all entities accessing the Contract. Participating entities shall place their own orders directly with the Contractor and shall fully and independently administer their use of the contract to include contractual disputes, invoicing and payments without direct administration from Virginia Tech. Virginia Tech sr,all not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the contract. It is understood and agreed that Virginia Tech is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract no matter the circumstances. Use of this contract does not preclude any participating entity from using other contracts or competitive processes as the need may be. 3

18 IV. SCOPE OF SERVICE: The contractor shall provide ready mixed concrete delivered to Virginia Tech s Blacksburg. Virginia campus or Virginia Tech work sites near Blacksburg. Virginia, inclusive of all associated freight costs, on an as needed basis when ordered by Virginia Tech. All ready mix concrete work shall conform to Standards and Specifications, including, but not limited to VDOT Road and Bridge Standards, and VDOT Road and Bridge Specifications. A. TYPES OF CONCRETE REQUIRED: psi Concrete: shall be Class A4 Concrete for General Use in accordance with VDOT Section 219, unless specifically noted otherwise below: a. Cement shall be Type II, or may be Type I when fly ash is used. b. Fine Aggregate shall be natural Sand only. c. Corse Aggregate shall be VA #57, Grade A Stone. d. Air-=:ntraining Admixtures shall be used to provide specified air entrainment (6.5% +/- 1.5%) e. No other admixtures shall be used unless directed otherwise by Virginia Tech. f. Concrete shall contain a minimum of 635 ib. cement per cubic yard (CY) of concrete. g. Slump shall be a maximum of (4) four inches psi Concrete: Shall be Class A3 Concrete for General Use in accordance General Road and Bridge Specifications. a. Cement shall be Type I!, or may be Type I when fly ashy is used. b. Fine Aggregate may be natural or manufactured. in accordance with VDOT, Section19. c. Coarse Aggregate shall be VA #57, Grade A Stone. d. Air-Entraining Admixtures shall be used to provide specified air (6%+/- 2%) e. No other admixtures shall be used unless directed otherwise by Virginia Tech. f. Concrete shall contain a minimum of 588 lbs. of cement per cubic yards of concrete. g. Slump shall be a maximum of 5 (five) inches psi. Curb Mix Concrete: Shall be Class A-3 Ht: Concrete for Posts and Rails in accordance with VDOT, Section 219, unless specifically noted otherwise below: a. Cement shall be Type II, or may be Type I when fly ash is used. b. Fine Aggregate shall be Natural Sand only. c. Coarse Aggregate shall be VA #7 Grade A Stane. d. Air-entraining Admixtures shall be used to provide air entrainment of (7% +/- 2%) e. No other admixtures shall be used unless directed by Virginia Tech. f. Concrete shall contain a minimum of 635 lbs. of cement per cubic yard of concrete. g. Slump shall be a maximum of 5''. 4

19 psi. River Rock Aggregate Concrete: Shall be Class A4 Concrete for General Use with River Rock and River Sand Aggregates in order to match Exposed Aggregate Concrete on the Virginia Tech Campus in color and texture. a. Cement shall be Type II, or may be Type I when fly ash is used. b. Fine Aggregate shall be Brown River Sand, in accordance with VDOT, Section 202. c. Coarse Aggregate shall be Brown River Rock, graded in accordance with VA # psi, Conduit Encasement Concrete: Shall be Class B2 Concrete, to be used only in conduit encasement and other applications where unreinforced concrete is to be used for protection only, not requiring structural stability. This concrete shall be in conformance with VDOT, Section 19, of Class B2 Concrete, unless specifically noted otherwise below. a. Fine Aggregate shall be natural or manufactured. b. Coarse Aggregate shall be natural or manufactured. c. Fly Ash may be used as specified. d. Air-Entraining Admixtures are not required. e. No other admixtures shall be used unless directed otherwise by Virginia Tech. f. Concrete shall contain a minimum of 494 lbs. of cement per cubic yard of concrete. g. Slump may be 4-6'' psi. Curb Mix Concrete: Shall be Class A-3 HE Concrete a. Cement shall be Type II, or may be Type I when fly ash is used. b. Fine Aggregate shall be Natural Sand only. c. Coarse Aggregate shall be VA #57Grade A Stone. d. Air-Entraining Admixtures shall be used to provide air entrainment of (7% +/- 2%) e. No other admixtures shall be used unless directed otherwise by Virginia Tech. f. Concrete shall contain a minimum of 635 lbs. of cement per cubic yard of concrete. g. Slumps maximum - 5" psi, Flowabie Fill: Shall have a design compressive strength of approximately 1000 psi at 28 days after the installation of the fill when tested in accordance with AASHTO-T-23. Flowable fill composite material shall comply with all soecification requirements of VDOT. 8. GENERAL NOTES: a. The quantities of fine and coarse aggregates necessary to conform to specifications in regard to consistency and workability shall be determined by the method described in "Recommended Practice for Selecting Proportions for Normal Weight Concrete" (ACI 21) and the actual quantities used shall not deviate more than plus or minus (5) five per cent from such quantities. b. The concrete shall provide minimum slump as permissible per Section IV., SCOPE OF SUPPLY. c. The quantity of admixture varies considerably and must be initially established by trial and error by the producer of the concrete or the contractor with subsequent adjustment during batching to maintain the desired results within the range as specified in Section IV., SCOPE OF SUPPLY. 5